800, Addition to existing stable, e, Resolutions & Approval Conditions• •
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RECORDING REQUESTED BY ANC
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
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ttu
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 800
XX CONDITIONAL USE PERMIT XX VARIANCE
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
2 PHEASANT LANE, ROLLING HILLS, CA 90274
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said case:
2 Pheasant Lane, Rolling Hills CA (LOT 89-B-RH)
ZONING CASE NO. 800
XX CONDITIONAL USE PERMIT XX VARIANCE
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
. ' --- k -
Signature n v Signature
Name typed or printed
Name typed or printed
r`�/-/G",f5>4
Address Address
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City/State
City/State
RESOLUTION NO. 2011-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN A
LEGAL NONCONFORMING STABLE STRUCTURE, AND VARIANCE TO
MAINTAIN THE STRUCTURE IN THE SIDE YARD SETBACK ON A
PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING
CASE NO. 800, AT 2 PHEASANT LANE, (LOT 89-B-RH), (ASKARI). PROJECT
HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Dr. and Mrs. Asghar Askari with
respect to real property located at 2 Pheasant Lane (Lot 89-B-RH) requesting a
Conditional Use Permit and Variance to retain an existing 1,260 square foot two story
stable structure in the setback and to allow the existing pavement adjacent to the tack
room to remain. An unauthorized addition of 105 square feet was made to lower level
of the structure, which triggered the discretionary review.
The applicant withdrew a variance from the requirement that the area adjacent to the
tack room not be entirely paved.
Section 2. The property is zoned RAS-2 and consists of 153,305 square feet
(3.5 acres) net. Records indicate that a 2-story stable in the current location was legally
constructed in 1961. Plans on record at the RHCA show the first story at 525 square feet
and a 630 square foot loft. The stable was constructed with the first story built into a
slope with a driveway leading to the residence adjacent to the upper floor. The
residence was constructed in 1958.
Section 3. The property is irregular in shape, and takes access over 25
Portuguese Bend Road. The property does not have direct access to the Road. The
stable was constructed in the narrow -most portion of the lot, both in a roadway
easement (although there is no road traversing the property) and in side setback. A 42-
foot roadway easement is located along the southwestern property line and a 60-foot
roadway easement is located along the south property line. The only access to the
residence is through the driveway that is bordering the stable structure.
Section 4. In the summer of 2009, it was brought to the City's attention that
the stable was being renovated without building permits. A letter to cease all
construction was mailed to the owners and subsequently a meeting was held with staff.
Dr. and Mrs. Askari were advised on the pending changes to the stable ordinance and
the code enforcement was held in abeyance until the new ordinance became effective.
Reso. 201 1-04
ZC No. 800
1
Section 5. Following the adoption of the new stable ordinance, the applicants
requested inspection of the structure to determine if it meets the requirements of the
new ordinance, which allows the loft to be used as a tack room. It also allows tack room
to be used for "passive" activities and the agricultural space for storage. However, with
the unauthorized addition the structure was no longer eligible for administrative
determination of compliance with the stable ordinance (Ordinance no. 319).
Section 6. Pursuant to the Zoning Code requirements stables over 200 sq.ft.
and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the
requirements of Chapter 17.18, including preexisting stables, if expanded.
Section 7. The Planning Commission finds that the project qualifies as a Class
1 Exemption, Existing Facilities, and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 8. The Planning Commission conducted duly noticed public
hearings to consider the application on March 15, April 21, and May 17 and at a field
trip on March 15, 2011. The applicants were notified of the public hearings in writing
by first class mail. Evidence was heard, and presented from all persons interested in
affecting said proposal and from members of the City staff, and the Planning
Commission having reviewed, analyzed and studied said proposal. The property
owners and their representative were in attendance at the hearings. Five letters in
support of the project from nearby residents were submitted to the City.
Section 9. Section 17.18.140 of the Zoning Ordinance states, "Legal
nonconforming stables and related structures may be remodeled,, repaired, reroofed
and generally maintained within the existing footprint of such structures. However,
any addition or expansion shall conform to the requirements of this chapter, including
the provision for obtaining a conditional use permit." With the addition of 105 square
feet to the lower floor the structure was expanded. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the modification of a
structure previously approved as a stable, into a structure to be used for storage and a
passive recreational activities would be consistent with the purposes and objectives of
the Zoning Ordinance and General Plan because the use is consistent with similar uses in
the community, meets all the applicable code development standards for a stable that is
not used for animal keeping activities; is sufficiently separated from nearby residences
and will not be used for habitation or containing sleeping quarters.
B. The nature, condition, and development of adjacent structures have been
considered, and the interior remodeling of a stable for passive uses and storage will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the structure is located a far distance to any habitable structure and
Reso. 201 1-04
ZC No. 800
2
its general location is of sufficient distance from nearby residences so as to not impact
the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the stable complies with the low profile
residential development pattern of the community and is screened from neighbors view
by trees that will be retained.
D. The proposed conditional use complies with all applicable development
standards, except for its location in setbacks, of the zone district because the 1,230 square
foot size of the 2-story stable is permitted under the Municipal Code.
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities because the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Chapter
17.18 of the Zoning Code because it was legally constructed in 1961 and after obtaining
building permits for the modifications would meet the allowable uses in a pre-existing
stable, and the structure is screened from adjacent properties and is not obtrusive to
neighbors.
Section 10. Sections 17.38.010 through 17.38.050 of the Code permit approval
of a variance from the standards and requirements of the Zoning Ordinance when,
due to exceptional or extraordinary circumstances applicable to the property and not
applicable to other similar properties in the same zone, strict application of the Code
would deny the property owner substantial property rights enjoyed by other
properties in the same vicinity and zone. The applicant seeks a variance from the
requirement that side yard setbacks be free of structures and wishes to retain the
existing stable structure in the setback. With respect to this request for a Variance, the
Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the
other property or class of use in the same zone because the existing lot is irregular in
shape and has a very long narrow leg where the stable was legally constructed in
1961. The property has no access to the roadway and one must traverse adjacent
property to access the structure or the residence on subject lot. The existing structure
was built within the setback and in the front of the property. The topography of the
lot together with the fact that the existing structure is located in the front and in the
setback create difficulty in providing a stable and corral elsewhere on the property.
Reso.2011-04
ZC No. 800
3
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question because due to the existing grade,
irregular lot configuration it would be a hardship to locate the stable in the rear. The
expansive open space between the structure and the existing residence comfortably
supports a stable. The extreme slopes in the rear places a hardship on locating the
stable in the side or rear areas. The stable was legally constructed in its present
location and it would be a hardship to demolish it and place it elsewhere on the lot, as
the structure supports the driveway adjacent thereto. The location will not require any
greater incursion into the front yard and setback than already exists on the property
and similar properties in the vicinity.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located because a stable would not affect any neighbor's
views and therefore property value and would be screened from the street. Retaining
the structure in current location will allow substantial portion of the rear of the lot to
remain undeveloped.
D. The variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
E. The variance request is consistent with the General Plan. The proposed
project, together with the variance, will be compatible with the objectives, policies,
general land uses and programs specified in the General Plan and will uphold the
City's goals to protect and promote construction of equestrian facilities.
F. The project is exempt from the requirements of the California Environmental
Quality Act.
Section 11. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 800 including a Conditional Use Permit and
Variance to retain previously modified and expanded stable structure to be used for
allowable non -animal keeping activities, subject to the following conditions:
A. The Conditional Use Permit and Variance approvals shall expire within
two years from the effective date of approval as defined in Sections 17.46.080 and
17.42.070, unless otherwise extended pursuant to the requirements of this section.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested,
Reso. 201 1-04
ZC No. 800
4
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings Codes, the Zoning Ordinance, and of
the zone in which the subject property is located must be complied with unless
otherwise setforth in this permit, or shown otherwise on an approved plan, including
but not be limited to the Lighting Ordinance, Section 17.16.190 E and roof covering
Section 17.16.190 of the RHMC.
D. Building permits shall be obtained for all work previously completed in
the structure and for all work required to be completed with this approval. The
structure shall be modified as shown on a floor plan and elevation plan dated March
29, 2011, and specifically shall include as follows:
i. Fence in the corral area
ii. Remove all equipment that suggest the presence of a stove or oven in the
tack room and replace with cabinetry
iii. Remove a portion of the concrete driveway adjacent to the tack room
and install a minimum of 20'x20' grass -Crete or similar pervious surface to the
satisfaction of City staff
iv. No bathroom facility shall be allowed on the lower level, (agricultural
space)
v. Interior walls of the agricultural space shall have wood panels to give it
a stable like appearance
vi. Remove the glass sliding doors on the lower level and install stable like
doors as shown on the site plan dated March 29, 2011. A minimum of 4'wide x7'0"
high doors shall be installed for each agricultural space
vii. Remove closet in the south agricultural space
E. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission and that the RHCA Architectural
Committee approved the plans.
F. Pictures of the inside and the outside of the structure shall be taken at
the time the project is granted final inspection by the Building and Safety Department.
G. The stable structure shall not be further expanded or modified, except as
stated in this approval or if modified for animal keeping activities.
H. Structural lot coverage shall not exceed 8,550 square feet or 5.6% of the
net lot area, in conformance with lot coverage limitations (20% maximum). The total
lot coverage proposed including structures and flatwork shall not exceed 30,220
Reso. 2011-04
ZC No. 800
5
square feet or 19.7%, of the net lot area, in conformance with lot coverage limitations
(35% max).
I. No grading or further disturbance shall be created with this approval.
J. The unpaved access to the corral shall be maintained at all times. The
unpaved area adjacent to the tack room shall be maintained at all times and not be
paved.
K. If any electrical upgrades were completed to date without electrical
permits or if proposed, all utility lines to the stable shall be placed or converted to
underground, subject to all applicable standards and requirements.
L. The modified stable structure shall not be used as sleeping quarters,
may not be rented out and may not be used as a separate dwelling. Sanitary facility
consisting of a toilet, shower and a sink may be maintained within the tack room only.
Kitchenette facility may include a hot plate or microwave, sink, dishwasher,
refrigerator, shelves and cabinets.
M. A minimum of 50% of all construction/demolition materials shall be
recycled or diverted from landfills. The contractor shall obtain Construction and
Demolition permit from the City and provide documentation of recycling.
N. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
O. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby roadway
easements.
P. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) requirements related to solid waste and storm water
management.
Q. The conditions of approval specified) herein shall be printed on the
construction plans submitted to the RHCA and buidling department for plan check
and building permit.
R. The applicant shall execute an Affidavit of Acceptance of all conditions
of this permit pursuant to Zoning Ordinance, or the approval shall not be effective.
Reso. 201 1-04
ZC No. 800
6
S. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
T. Rolling Hills Community Association review is required.
U. The property owner and/or his/her contractor/applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
V. The contractor shall not use tools that could produce a spark, including
for .clearing and grubbing, during red flag warning conditions. Weather conditions
can be found at:
htto://www.wrh.noaa.00v/lox/main.php?suite=safety&page=hazard definitions#
FIRE. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY 2011.
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JI. SMITH,
ITH, CHAIRPERSON
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ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2011-04
ZC No. 800
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2011-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN A
LEGAL NONCONFORMING STABLE STRUCTURE, AND VARIANCE TO
MAINTAIN THE STRUCTURE IN THE SIDE YARD SETBACK ON A
PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING
CASE NO. 800, AT 2 PHEASANT LANE, (LOT 89-B-RH), (ASKARI). PROJECT
HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, (CEQA).
was approved and adopted at a regular meeting of the Planning Commission
on May 17, 2011 by the following roll call vote:
AYES: Commissioners Chelf, DeRoy, Henke and Vice Chairman Pieper.
NOES: None.
ABSENT: Chairperson Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2011-04
ZC No. 800
8
•
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2011-04
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On 7 --.2-2 - 0-0 // before me,
-(0Z24i IA.) f/if/4L, lv(7.2r
Personall
appeared -Oki R ' fl'zi PP.Iir 42.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are
subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in
his/her/their authorized capacity(ies) and that by his/ her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notary
TERRY W. FLEMING
Commission # 1918359
Notary Public - California
Los Angeles County
My Comm. Expires Dec 23.2014 E
•
This is a true and certified copy of the record
If it bears the seal, imprinted in purple ink, •
of the Rogi',,,tnr-RecoTderiCeunty Clerk
• 26
atrfAkC tu4- RECIS*RECNERICONICILIX
LO k.,,.:.:gLES COUNTY, CALIFORNIA