Loading...
800, Addition to existing stable, e, Staff Reportseeety Rode, geeld INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4A Mtg. Date: 6-13-11 DATE: JUNE 13, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: 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 A 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). RECOMMENDATION It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST AND PLANNING COMMISSION ACTION 1. The applicant, Dr. and Mrs. Askari, request a Conditional Use Permit and Variance to retain an existing 1,260 square foot two story stable structure in the setback. 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 request from the requirement that the area adjacent to the tack room not be entirely paved and agreed to provide a pervious surface. ZC NO. 800 2 Pheasant Ln. 1 • • 2. The Planning Commission adopted the attached Resolution by a 4-0-1-0 vote, granting the request. Chairperson Smith was absent and excused. The resolution contains standard findings of facts and conditions, including the requirement that the structure be modified to look more like a stable, such as: a. 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, and specifically shall include as follows: b. Fence in the corral area c. Remove all equipment that suggest the presence of a stove or oven in the tack room and replace with cabinetry d. 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 e. No bathroom facility shall be allowed on the lower level, (agricultural space) f. Interior walls of the agricultural space shall have wood finish to give it a stable like appearance g. Remove the glass sliding doors on the lower level and install stable like doors as shown on the site plan h. Remove the closet in the south agricultural space i. 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. When approving this project, the Planning Commission found that the project is consistent with City's goal to encourage and promote equestrian uses; the structure was legally constructed in setback; prior to renovation the structure was dilapidated and unsafe; with additional, not considerable, modifications it could be reverted to a stable use; the modification is subject to obtaining building permits and therefore building code requirements will be met; the structure could not be converted to another use, such as recreation room, because of it's two-story configuration; the shape, size and topography of the lot prevent the applicant to construct a stable elsewhere on the lot, (without extensive grading) and the stable is screened from view from adjacent properties. BACKGROUND 3. This proposal is subject to the recently adopted stable ordinance, which requires that any additions to existing stables must be reviewed pursuant to the Conditional Use Permit process. The project is also subject to a Variance from the requirement that stables may not be located in setbacks (except rear setback). 4. 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, and a small addition in 1987. ZC No. 800 2 Pheasant Ln. -2- • • 5. The property is irregular in shape, and takes access over 25 Portuguese Bend Road. It 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 property was created as a grant deed in 1957, where the subdivision laws were minimal. The only access to the residence is through the driveway that is bordering the stable structure. 6. 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 that were being reviewed by the City and the code enforcement was held in abeyance until the new ordinance became effective. The applicants were informed that if there were no changes made to the stable regulations, it would be necessary for the structure to be returned to its original state. 7. The applicants informed staff that when they purchased the property in 1986, the structure was being used in its entirety for recreation purposes and storage and that they assumed it was legal. Their children continued using it in the. same manner, until the structure became dilapidated and needed repairs. 8. The situation with the existing converted structure is further constrained by the fact that only stables in the City are allowed to be two stories, and therefore the applicants do not have the option to request a CUP for a recreation room or a guest house, and set aside an area for a stable and corral elsewhere on the lot. In addition, the location of the structure in the setback and in the front of property would require variances. 9. 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. It was then brought to staff's attention that an addition of 105 square feet was made to the lower level without building permits. 10. 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. ZC No. 800 2 Pheasant Ln. -3- • • MUNICIPAL CODE COMPLIANCE 11. Pursuant to the Zoning Code requirement 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. 12. Prior to the addition, the upper level, loft, was larger than the agricultural space below. Section 17.18.060 of the ordinance states in part that "an existing stable, legally constructed prior to the effective date of the ordinance (August 12, 2010), which has a loft area that is maintained as a tack room and comprises no more than fifty percent of the size of the structure may continue to maintain, a maximum of fifty percent tack room space and a minimum of fifty percent agricultural space, provided that the area of the structure used as a tack room does not exceed eight hundred square feet and all other uses are in compliance with the remaining sections of this chapter". Therefore, prior to the addition of 105 square feet, the structure would not have met the 50 %/ 50 % allowance for existing stables, or the 40% tack room to 60% agricultural space requirement for new stables in the current ordinance, as the tack room was greater than the agricultural space, (54.5%). With the addition the structure meets the 50%/50% requirement. 13. Additional requirements applicable to this request: REQUIREMETNS Not less than 6' wide roughened access to the stable. Exterior area adjacent to agricultural space may not to be paved. Exterior area adjacent to tack room or a loft used w tack room may be porous, but not paved and may not be used for parking of vehicles (except deliver) of agricultural goods). Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items. Doors to look like barn doors anc be min. 4' wide by 8' tall. Size to include the entire footprint including loft, if any. ZC No. 800 2 Pheasant Ln. -4- �1 �I J w� PROPOSED There is an existing dirt path to the lower level (agricultural) of the structure and to corral. Area adjacent to lower level is not paved. Applicant is required to provide a min. 20'x20' pervious area next to the tack room. A paved driveway to the residence is adjacent to the tack room (loft). The driveway continues past the stable to the residence in the rear. Area is flat and no grading is required. Pre-existing in side setback and front area of the residence. However, due to the addition requires a Variance for location. Pre-existing, more than 35' to any structure. Building is proposed to look like a stable with stable like doors on the lower level. Applicant is required to remove glass doors and install "barn like doors". Due to existing conditions the PC approved 4'x7' barn like doors. Ground floor 630 sq.ft. and loft (tack room) also 630 sq.ft. Total 1,260 sq.ft. Minimum of 60% to be maintained for agricultural uses. For 2 stories pre-existing stables 50% may be used for agricultural uses, including storage. Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room. For 2 stories pre- existing stables 50% may be used as a tack room, not to exceed 800 sq.ft. Lofts used as a tack room may have sanitary amenities and kitchenette (no oven or stove). Lofts used as tack room may have removable glazed openings. Agricultural space may have removable glazed openings, if used for storage. Loft may be permitted over the agricultural space Loft plate height may not exceed 7'. Corral shall be fenced Access not to exceed 25% Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable Commercial uses or sleeping is not allowed Agricultural space used for storage comprises 50% of the size of the structure, (with unauthorized addition). Tack room comprises 630 s.f. or 50% of the siz( of the structure. Existing kitchenette and bathroom. Building permits required for renovations and repairs. Existing windows. Glass sliding doors to be removed. Loft over agricultural space used as a tack rm. Pre-existing, over 7'. Currently not fenced. It is required to be fenced. Existingaccess to agricultural space (storage) - varies in slope, not exceed 20%. Access to tack room is on the upper level from an existing driveway. Existing corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable structure. 14. There is no building pad area for this structure, as the entire structure is located in setbacks. 15. The net lot area of the lot for development purposes is 153,305 square feet (3.5 acres). The structural lot coverage is existing at 8,550 square feet or 5.6% of the net lot area, (20% permitted); and the total lot coverage including the structures and paved areas is also existing at 30,220 square feet 19.7%, (35% permitted). 16. 22.5% of the net lot area is disturbed and no additional disturbance is proposed. 17. In describing the criteria to be satisfied for a variance, the applicants' representative states that the proposed addition seeks to enhance the usefulness and function of the pre-existing stable. The second floor is to be used as a Tack Room and the entire first floor for storage of general household items as permitted in the zoning code (Section 17.18). He further states that the shape of the lot and the pre-existing location of the stable, together with the extreme slopes on portions of the lot limit buildable area. The addition and continued maintenance of the structure enhances ZC No. 800 2 Pheasant Ln. -5- • • public safety by removing fire hazards and allowing the owner to obtain building permits. He states that no neighbors will be adversely affected by the addition and the stable will be used similarly to other stables in the City. CONCLUSION 18. Several letters in support of this project were received from neighbors, and are attached. 19. When reviewing a development application the Planning Commission considered whether the proposed project meets the criteria for a Conditional Use Permit and Variances and Chapter 17.18 of the Zoning Code pertaining to the newly adopted stables requirements for existing stables. 20. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 21. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). ZC No. 800 2 Pheasant Ln. -6- • • CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional uses is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Reauired findines. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC No. 800 2 Pheasant Ln. -7- 7569 12 SHEET P. A. 466-11.14 8 15 • MAPPING AND GIS PG , SERVICES 11 • SCALE 1' = zao 1 _ s 2• z • PG 10 TRA 7084 REVISED. 2008031807008001-14 2008031807008002-14 • ` `&t10LE TggK 20090 //6/000600,-/4 431 77 ROLLING O478 AC 94 323.85 PM 167-54-55 ^� 1 WEST 513.81 SEARCH NO olp 61379-11-13-57Vw I o1- _N_85'282rW I n�51I _ 7 8 p 89 2 4 _ 1757357 , 51YOBt5'Y1 fit kV", P� 210 ;61='. '75PG 6 64xAC 5.1OC yn`D( Nam• -0 Tat 'P ST Pt0•'N ,: ', 7 3N0 j'SOTy :969TRNIC) 1 6tscp u0s 3 • 1911. •i; / LOt,�;eP�• 330 , Al HILLS 351tAC- 25 'y\ OFFICE OF THE ASSESSOR COUNTY OF LOS ANGELES - COPYRIGHT 0 2002 • o •U• 93 M B M_ B 89.01 167.47 $ 15530 - _ - - - 145 39 PORTUGUESE_ _ BEND A �-Xis; 9i /o zw.At `„h\•6oS�� �93g2 jY. is rr mG 22 -1 , AC 'S92 ro 201 -� ,,W �POR5, 0._`j,10 1 Q0, '" 43 62B i- - 2 PEA31TC.MNe \ ALL AREAS ON THIS PAGE ARE \\ NET EXCEPT THOSE TABLED I / / / / /I / / I / � I 1 I January 1st, 2011 Dear Rolling Hills Planning Commission, � "ems 25 041 - My wife and I reside at "i,� FAY and have had the pleasure of knowing the Askaris as neighbors for over years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. '., 1 �!, it `.) We support the Askari's efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills with our own stable and corral, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such as the Askaris, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinace 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank you, Dr. & Mrs. C. ct ° RECEIVED Rolling Hills CaliforniaFEB 0 8 2011 �9A274_ City of Rolling Hills January 1st, 2011 Dear Rolling Hills Planning Commission, �• ors ci�►,r3� N I PG My wife and I reside at and have had the pleasure of knowing the Askaris as neighbors for over years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. • We support the Askari's efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills with our ow.n stable and corral, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such as the Askaris, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinace 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank you, \IVn Dr. & Mrs. 1301)r, Rolling Hills California 90274 • Gav 7 /,4. y1 i CO5tnrn C!i'%l /...; c(4..i.oci. a:.4 c,---n • r/� XI✓t� ', an, , 7 /riefrlc /O't4I" _RECEIVE. D el? FEB 04 2011 -- .ek_. C;it: of Roltinq Hills By hl�k(j1:5 •vt' • MIRKO A. GIACONI, M.D. CARDIOVASCULAR DISEASES & INTERNAL MEDICII..- 1360 WEST SIXTH STREET, SUITE 205 SAN PEDRO, CALIFORNIA 90732 TELEPHONE 832-7541 ECE1VED January 24, 2011 Dear Rolling Hills Planning Commission, My wife and I reside at 92 Saddleback Road and have had the pleasure of knowing the Askari family as neighbors for over 25 years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's effort to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stables, as the improvements under construction are essential to the usefulness of the structure. As owners of a property in Rolling Hills, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such the Askari's effort, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinance 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank You, Drs. Mirko & Mirjana Giaconi 92 Saddleback Road Rolling Hills, CA. 90274 • ''%�Lri�sWL•1 RECEIVEp IAN .2 5 2011 oi Rolling Hills January 19, 2011 BY: Dear Rolling Hills Planning Commission, My wife and I reside at 22 Portuguese Bend Road and have had the pleasure of knowing the Askari's as neighbors for over 17 years. Dr. and Mrs. Askari have been invaluable • members of the Rolling Hills Community for many years. We support the Askari's efforts to improve their property; specifically their stable and corral area. We support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills, we understand the difficulties of maintaining and improving such animal keeping facilities. We strongly support efforts to improve stables such as the Askari's as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinance 319. Without approvals of minor additions such as the project under consideration, the City's efforts to preserve the equestrian character of the city will be lost. Sincerely, • Jerry and Pat T njian 22 Portugues end Road Rolling Hills, CA 90274 111 January 1st, 2011 BY: Dear Roiling Hills Planning Coranissron, My wife and I reside at23 P4rirand have had the pleasure of knowing the Askaris as neighbors for over IS. years. Q�and Mrs. Askarl have been invaluable members of the Rolling Hills community for over 25 years, We support the Askaris efforts to Improve their property, specifically their stable and corral area, We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. Thank you, Dr. &Mrs.Rlz�r, Raung Hills' California 90274 .,...:,„ ..vte. (:::: . v E...., ;„ i CEVED JAN 2 5 2011 City of Rolling Hilif Image generated by Patient Chart Manager, PRIME CLINICAL SYSTEMS, INC. 877-444-1156. THIS PAGE INTENTIONALLY LEFT BLANK • eiev Rottb49 qieed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 5A Mtg. Date: 5-17-11 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR DATE: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: MAY 17, 2011 ZONING CASE NO. 800 2 PHEASANT LANE RA-S-2, 5 ACRES GROSS (INCL. ROAD EASEMENTS) DR. AND MRS. ASGHAR ASKARI BIZHAN KHALEELI, ARCHITECT FEBRUARY 3, 2011 REQUEST AND RECOMMENDATION The applicants, Dr. and Mrs. Askari, request a Conditional Use Permit to retain a corral and a two story nonconforming stable to which 105 square feet was added without permits, and a Variance to allow the stable and corral to remain in the side yard setback on a property developed with a single family residence, at 2 Pheasant Lane. The first story of the stable is 630 square feet and the upper level or the loft is also 630 square feet for a total area of 1,260 square feet. The loft area, which is being used as a tack room, is 50% of the building area. A corral area is adjacent to the stable. The stable structure is not being used for keeping of animals. It is recommended that the Planning Commission review and adopt the attached resolution No. 2011-04. BACKGROUND 3. At the April 21.2011 Planning Commission meeting staff was directed to prepare a resolution of approval for this project with certain conditions. The vote to prepare a resolution was 3-1-1-0, with Commissioner Chelf voting against it. Commissioner ZC NO. 797 .: 1 • • DeRoy was absent. Together with the standard findings of facts and conditions, the following conditions are included: a. 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: b. Fence in the corral area c. Remove all equipment that suggest the presence of a stove or oven in the tack room and replace with cabinetry d. 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 e. No bathroom facility shall be allowed on the lower level, (agricultural space) f. Interior walls of the agricultural space shall have wood panels to give it a stable like appearance g. 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 x 7'0" high stable like doors shall be installed for each agricultural space h. Remove closet in the south agricultural space i. 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. ZC NO. 800 -2- cp r J • 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. 2011-04 ZC No. 800 • 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. 2011-04 ZC No. 800 2 r • • 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. 201 1-04 ZC No. 800 • • 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, 2011-04 ZC No. 800 r • • 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 set forth 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 finalworking 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 • 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 hereinshall 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 c-D 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: http://www.wrh.noaa.gov/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. JILL V. SMITH, CHAIRPERSON 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: NOES: ABSENT: ABSTAIN: 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 TO: FROM: eerie/ Roteept, qieed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6A Mtg. Date: 4-21-11 HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR DATE: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: APRIL 21, 2011 ZONING CASE NO. 800 2 PHEASANT LANE RA-S-2, 5 ACRES GROSS (INCL. ROAD EASEMENTS) DR. AND MRS. ASGHAR ASKARI BIZHAN KHALEELI, ARCHITECT FEBRUARY 3, 2011 REQUEST AND RECOMMENDATION The applicants, Dr. and Mrs. Askari, request a Conditional Use Permit to retain a corral and a two story nonconforming stable to which 105 square feet was added without permits, and a Variance to allow the stable and corral to remain in the side yard setback on a property developed with a single family residence, at 2 Pheasant Lane. The first story of the stable is 630 square feet and the upper level or the loft is also 630 square feet for a total area of 1,260 square feet. The loft area, which is being used as a tack room, is 50% of the building area. A corral area is adjacent to the stable. The stable structure is not being used for keeping of animals. It is recommended that the Planning Commission review the staff report and the revised plans, continue the public hearing and provide direction to staff. BACKGROUND 1. The Planning Commission reviewed the case at their February 15 and March 15 meetings and visited the property on March 15, 2011. The Planning Commission ZC NO.797 0 • • suggested that the applicants revise their plans to comply with and meet the intent of the stable ordinance. 2. Per Planning Commission recommendations, the applicants revised their proposal as shown on the enclosed plan. The applicants propose to remove a portion of the concrete around the tack room and provide a 20'x20' permeable surface; remove all evidence of an oven or stove in the tack room and fill the gap with cabinetry; remove one of the closets in the agricultural space; install stable -like doors on the outside of the glass sliding doors; and repair or replace the existing three -rail fence along the perimeter of the corral to delineate the corral area. 3. This proposal is subject to the recently adopted stable ordinance, which requires that any additions to existing stables must be reviewed pursuant to the Conditional Use Permit process. The project is also subject to a Variance from the requirement that stables may not be located in setbacks (except rear setback) to allow the access to the tack room to be paved. 4. 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, and a small addition in 1987. 5. The property is irregular in shape, and takes access over 25 Portuguese Bend Road. It 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 property was created as a grant deed in 1957, where the subdivision laws were minimal. The only access to the residence is through the driveway that is bordering the stable structure. 6. 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. The applicants were informed that if there were no changes made to the stable regulations, it would be necessary for the structure to be returned to its original state. 7. The applicants informed staffthat when they purchased the property in 1986, the structure was being used in its entirety for recreation purposes and storage and that they assumed it was legal. Their children continued using it in the same manner, until the structure became dilapidated and needed repairs. ZC NO. 800 • • 8. The situation with the existing converted structure is further complicated by the fact that only stables in the City are allowed to be two stories, and therefore the applicants did not have the option to apply for a CUP for a recreation room or a guest house, and set aside an area for a stable and corral elsewhere on the lot. In addition, the location of the structure in the setback and in the front of property would require variances. Although the property is large, its irregular configuration and steep terrain does not lend itself to setting aside an area for a future stable and corral elsewhere on a lot. 9. 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. Staff and the building inspector visited the property and determined that with some modifications to the lower (agricultural) space, delineation for corral and after obtaining building permits for the renovation, the structure would meet the new stable ordinance requirements. 10. Following review of the renovations by RHCA Architectural Committee, it was brought to staff's attention that an addition of 105 square feet was made to the lower level. Upon further review, staff determined that an addition was made to the lower portion of the structure without building permits, which was not clarified when staff visited the property. Subsequently, City rescinded its determination that the structure with certain modifications would meet the new stable ordinance regulations. 11. 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. MUNICIPAL CODE COMPLIANCE 12. 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. 13. Prior to the addition, the upper level, loft, was larger than the agricultural space below. Section 17.18.060 of the ordinance states in part that "an existing stable, legally constructed prior to the effective date of the ordinance (August 12, 2010), which has a loft area that is maintained as a tack room and comprises no more than fifty percent of the size of the structure may continue to maintain a maximum of fifty percent tack room space and a minimum of fifty percent agricultural space, provided that the area of the structure used as a tack room does not exceed eight hundred square feet and all other uses are in compliance with the remaining sections of this chapter". Therefore, prior to ZC NO. 800 0 • • the addition of 105 square feet, the structure would not have met the 50%/50% allowance for existing stables, or the 40% tack room to 60% agricultural space requirement for new stables in the current ordinance, as the tack room was greater than the agricultural space, (54.5%). With the addition, should the Planning Commission approve the Variance and CUP, the structure would meet the 50%/50% requirement. 14. Additional requirements applicable to this request: REQUIREMETNS Not less than 6' wide roughened access to the stable. Exterior area adjacent to agricultural space may not to be paved. Exterior area adjacent to tack room or a loft used a: tack room may be porous, but not paved and may not be used for parking of vehicles (except deliver) of agricultural goods). Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. • May be located up to 25' in rear setback. Min. 35' from any residential structure Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items. Doors to look like barn doors am be min. 4' wide by 8' tall. Size to include the entire footprint including loft, ii any. Minimum of 60% to be maintained for agricultural uses. For 2 stories pre-existing stables 50% may be used for agricultural uses, including storage. Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room. For 2 stories pre- existing stables 50% may be used as a tack room, not to exceed 800 sq.ft. Lofts used as a tack room may have sanitary amenities and kitchenette (no oven or stove). Lofts used as tack room may have removable ZC NO. 800 PROPOSED There is an existing dirt path to the lower level (agricultural) of the structure and to corral. Area adjacent to lower level is not paved. Applicants propose to provide some softscape near the tack room. Previously Variance was requested. A paved driveway to the residence is adjacent to the tack room (loft). The driveway continues past the stable to the residence in the.rear. Area is flat and no grading is required. Pre-existing in side setback and front area of the residence. However, due to the addition requires a Variance for location. Pre-existing, more than 35' to any structure. Building is proposed to look like a stable with stable like doors on the lower level. Currently the applicants have glass sliding doors to the bottom floor; and propose to place barn like doors over the glass doors. The interior of the "agricultural space" (to be used for storage) is finished, including floors. A closet will be removed. Ground floor 630 sq.ft. and loft (tack room) 630 sq.ft. Total 1,260 sq.ft. Agricultural space used for storage comprises 50% of the size of the structure, (with unauthorized addition). Tack room comprises 630 s.f. or 50% of the sizf of the structure. Existing kitchenette and bathroom. Building permits. required for renovations and repairs. Existing windows. glazed openings. Agricultural space may have removable glazed openings, if used for storage. I Loft may be permitted over the agricultural space Loft plate height may not exceed 7'. Corral shall be fenced Access not to exceed 25% Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable Commercial uses or sleeping is not allowed Glass sliding doors and windows on sides. Sliding doors are not easily removable. Loft over agricultural space used as a tack rm. Pre-existing, over 7'. Currently not fenced. Tobe fenced. Existing access to agricultural space (storage) -� varies in slope, not exceed 20%. Access to tack room is on the upper level from an existing driveway. Existing corral contiguous to stable Applicant is not proposing any commercial uses or sleeping in the stable structure. 15. There is no building pad area for this structure, as the entire structure is located in setbacks. 16. The net lot area of the lot for development purposes is 153,305 square feet (3.5 acres). The structural lot coverage is existing at 8,550 square feet or 5.6% of the net lot area, (20% permitted); and the total lot coverage including the structures and paved areas is also existing at 30,220 square feet 19.7%, (35% permitted). 17. 22.5% of the net lot area is disturbed and no additional disturbance is proposed. 18. In describing the criteria to be satisfied for a variance, the applicants' representative states that the proposed addition seeks to enhance the usefulness and function of the pre-existing stable. The second floor is to be used as a Tack Room and the entire first floor for storage of general household items as permitted in the zoning code (Section 17.18). He further states that the shape of the lot and the pre-existing location of the stable, together with the extreme slopes on portions of the lot limit buildable area. The addition and continued maintenance of the structureenhances public safety by removing fire hazards and allowing the owner to obtain building permits. He states that no neighbors will be adversely affected by the addition and the stable will be used similarly to other stables in the City. CONCLUSION 19. Several letters in support of this project were received from neighbors, and are attached. 20. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a Conditional Use Permit ZC NO. 800 and Variances and Chapter 17.18 of the Zoning Code pertaining to the newly adopted stables requirements for existing stables. 21. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environmentand that the use will not adversely affect adjacent properties. 22. The Planning Commission required that certain modifications to the structure be made to meet the conditions of the permitted uses/construction specified in the Zoning Ordinance for stables and corrals and maintain the structure for future agricultural uses. It will also be a requirement that the property owners obtain all necessary building permits for the addition and repairs, and for any modification to the structure required by the Planning Commission. 23. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). 24. The project is subject to RHCA review and approval. ZC NO. 800 CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional uses is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 800 MIRK A. GIACONI, • CA+3DIOVASCULA.R DISEASE!) & INTERNAL �6EOli::1: 13.60 WEST SIXTH STREET, SUITE 205 SAN PEDRO, CALIFORNIA 90732 TE•.LCi 4101,14832-754 1 January 24, 2011 tit....... Dear Rolling Hills Planning Commission, neeNie My wife and 1 reside at 92 Saddleback Road and have had the pleasure of knowing the Askari family as neighbors for over 25 years.. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's effort to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stables, as the improvements under• construction are essential to the usefulness of the structure. As owners of a property in Rolling Hills, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such the Askari's effort, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinance 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank You, %/(, • Drs. Mirko & Mirjana Giaconi 92 Saddleback Road Rolling Hills, CA. 90274 , 19 r...`..:J Qz.' L..ri r) `r l:I j .� i (: January 19, 2011 Dear Rolling Hills Planning Commission, My wife and I reside at 22 Portuguese Bend Road and have had the pleasure of knowing the Askari's as neighbors for over 17 years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills Community for many years. We support the Askari's efforts to improve their property; specifically their stable and corral area. We support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As ov,:ners of a property in Rolling Hills, we understand the difficulties of maintaining and improving such animal keeping facilities. We strongly support efforts to improve stables such as the Askari's as well as the flexibility in use of such structures as called out . by the City of Rolling Hills Ordinance 319. Without approvals of minor additions such as the project under consideration, the City's efforts to preserve the 'equestrian character of the city will be lost. Sincerely, Jerry and Pat T njian 22 Portugues Bend Road Rolling Hills, CA 90274 January 1st, 2011 Dear Roiling Hills Planning Commission, My wife and I reside at2i 19e, At! and have had the pleasure of knowing the Askaris as neighbors for overt_ years. Djand Mrs. Askeri have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. Thank you, Dr. & Mrs ++ z�� Rolling Hills California 90274 'I, Image generated by Patient Chart Manager, PRIME CLINICAL SYSTEMS, INC. 877-444-1156. • January 1st, 2011 tt,% B Y: Dear Rolling Hills Planning Commission, d�� (Pa1,111i1'I�`5i r✓NI> My wife and I reside at and have had the pleasure of knowing the Askaris as neighbors for over years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. • . We support the Askari's efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills with our ow.n stable and corral, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such as the Askaris, as well as the flexibility in use of such structures as called out by the City of Rolling HMIs Ordinace 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank you, C\C Dr. & Mrs. BO Dr; Rolling Hills California 90274 `j. RECEIVED FEB 0 4 2011 Cit. of Rollin Hills By Fiam . C� :� t Ct7. C"CCi':127 Cc Cti' t7r \ Jx `•' v • �..�, .;,./ ti January 1st, 2011 Dear Rolling Hills Planning Commission, O J My wife and I reside at -��and have had the pleasure of knowing the Askaris as neighbors for over f c:?_ years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills with our own stable and corral, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such as the Askaris, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinace 319. Without approvals of minor additions such as the project under. consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank you, Dr. & Mrs. Rolling Hills California,..9O274 Cit',/ k:;;t;Yilir7c.1 TO: FROM: • &el Reta,Vileeed • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6A Mtg. Date: 3-15-11 HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR DATE: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: MARCH 15, 2011 ZONING CASE NO. 800 2 PHEASANT LANE RA-S-2, 5 ACRES GROSS (INCL. ROAD EASEMENTS) DR. AND MRS. ASGHAR ASKARI BIZHAN KHALEELI, ARCHITECT FEBRUARY 3, 2011 REQUEST AND RECOMMENDATION The applicants, Dr. and Mrs. Askari, request a Conditional Use Permit to retain a corral and a two story nonconforming stable to which 105 square feet was added 'without permits, and Variances to allow the stable and corral to remain in the side yard setback and to allow the access to the tack room to be paved in its entirety on a property developed with a single family residence, at 2 Pheasant Lane. The first story of the stable is 630 square feet and the upper level or the loft is also 630 square feet for a total area of 1,260 square feet. The loft area, which is being used as a tack room, is 50% of the building area. The area that could be used for a corral is shown as 600 square feet. The stable structure is not being used for keeping of animals. The Planning Commission visited the property earlier in the day on March 15, 2011. It is recommended that the Planning Commission, having viewed the project, review the staff report, continue the public hearing, take public testimony and provide direction to staff. ZC NO. 797 0 • • BACKGROUND 1. This proposal is subject to the recently adopted stable ordinance, which requires that any additions to existing stables must be reviewed pursuant to the Conditional Use Permit process. The project is also subject to Variances from the requirement that stables may not be located in setbacks (except rear setback) and that the access to the tack room not be paved. 2. 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, and a small addition in 1987. 3. The property is irregular in shape, and takes access over 25 Portuguese Bend Road. It 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 property was created as a grant deed in 1957, where the subdivision laws were minimal. The only access to the residence is through the driveway that is bordering the stable structure. 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. The applicants were informed that if there were no changes made to the stable regulations, it would be necessary for the structure to be returned to its original state. 5. The applicants informed staff that when they purchased the property in 1986, the structure was being used in its entirety for recreation purposes and storage and that they assumed it was legal. Their children continued using it in the same manner, until the structure became dilapidated and needed repairs. 6. The situation with the existing converted structure is further complicated by the fact that only stables in the City are allowed to be two stories, and therefore the applicants did not have the option to request a CUP for a recreation room or a guest house, and set aside an area for a stable and corral elsewhere on the lot. In addition, the location of the structure in the setback and in the front of .property would require variances. ZC NO. 800 $ • • 7. 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. Staff and the building inspector visited the property and determined that with some modifications to the lower (agricultural) space, delineation for corral and after obtaining building permits for the renovation, the structure would meet the new stable ordinance requirements. 8. Following review of the renovations by RHCA Architectural Committee, it was brought to staff's attention that an addition of 105 square feet was made to the lower level. Upon further review, staff determined that an addition was made to the lower portion of the structure without building permits, which was not clarified when staff visited the property. Subsequently, City rescinded its determination that the structure with certain modifications would meet the new stable ordinance regulations. 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. MUNICIPAL CODE COMPLIANCE 10. 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. 11. Prior to the addition, the upper level, loft, was larger than the agricultural space below. Section 17.18.060 of the ordinance states in part that "an existing stable, legally constructed prior to the effective date of the ordinance (August 12, 2010), which has a loft area that is maintained as a tack room and comprises no more than fifty percent of the size of the structure may continue to maintain a maximum of fifty percent tack room space and a minimum of fifty percent agricultural space, provided that the area of the structure used as a tack room does not exceed . eight hundred square feet and all other uses are in compliance with the remaining sections of this chapter". Therefore, prior to the addition of 105 square feet, the structure would not have met the 50%/50% allowance for existing stables, or the 40% tack room to 60% agricultural space requirement for new stables in the current ordinance, as the tack room was greater than the agricultural space, (54.5%). With the addition, should the Planning Commission approve the Variance and CUP, the structure would meet the 50%/50% requirement. ZC NO. 800 12. Additional requirements applicable to this request: REOUIREMETNS Not less than 6' wide roughened access to the stable. Exterior area adjacent to agricultural space may not to be paved. Exterior area adjacent to tack room or a loft used a; tack room may be porous, but not paved and may not be used for parking of vehicles (except deliver) of agricultural goods). Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items. Doors to look like barn doors anc be min. 4' wide by 8' tall. Size to include the entire footprint including loft, if any. Minimum of 60% to be maintained for agricultural uses., For 2 stories pre-existing stables 50% may be used for agricultural uses, including storage. Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room. For 2 stories pre- existing stables 50% may be used as a tack room, not to exceed 800 sq.ft. Lofts used as a tack room may have sanitary amenities and kitchenette (no oven or stove). Lofts used as tack room may have removable glazed openings. Agricultural space may have removable glazed openings, if used for storage. Loft may be permitted over the agricultural space Loft plate height may not exceed 7'. Corral shall be fenced Access not to exceed 25% ZC NO. 800 PROPOSED There is an existing dirt path to the lower level (agricultural) of the structure and to corral. Area adjacent to lower level is not paved. Applicants seek a variance from this requirement. A paved driveway to the residence is adjacent to the tack room (loft). The driveway continues past the stable to the residence in the rear. Area is flat and no grading is required. Pre-existing in side setback and front area of the residence. However, due to the addition requires a Variance for location. Pre-existing, more than 35' to any structure. Building is proposed to look like a stable with stable like doors on the lower level. Currently the applicants have glass sliding doors to the bottom floor, and propose to place barn like doors over the glass doors. The interior of the "agricultural space" (to be used for storage) is finished, including floors. Ground floor 630 sq.ft. and loft (tack room) 630 sq.ft. Total 1,260 sq.ft. Agricultural space used for storage comprises 50% of the size of the structure, (with unauthorized addition). Tack room comprises 630 s.f. or 50% of the size of the structure. Existing kitchenette and bathroom. Building permits required for renovations and repairs. Existing windows. Glass sliding doors and windows on sides. Sliding doors are not easily removable. Loft over agricultural space used as a tack rm. Pre-existing, over 7'. Currently not fenced. Commission could require that it be fenced. Existing access to agricultural space (storage) - Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable Commercial uses or sleeping is not allowed varies in slope, not exceed 20%. Access to tack room is on the upper level from an existing driveway. Existing 600 sq.ft. corral contiguous to stable Applicant is not proposing any commercial uses or sleeping in the stable structure. 13. There is no building pad area for this structure, as the entire structure is located in setbacks. 14. The net lot area of the lot for development purposes is 153,305 square feet (3.5 acres). The structural lot coverage is existing at 8,550 square feet or 5.6% of the net lot area, (20% permitted); and the total lot coverage including the structures and paved areas is also existing at 30,220 square feet 19.7%, (35% permitted). 15. 22.5% of the net lot area is disturbed and no additional disturbance is proposed. 16. In describing the criteria to be satisfied for a variance, the applicants' representative states that the proposed addition seeks to enhance the usefulness and function of the pre-existing stable. The second floor is to be used as a Tack Room and the entire first floor for storage of general household items as permitted in the zoning code (Section 17.18). He further states that the shape of the lot and the pre-existing location of the stable, together with the extreme slopes on portions of the lot limit buildable area. The addition and continued maintenance of the structure enhances public safety by removing fire hazards and allowing the owner to obtain building permits. He states that no neighbors will be adversely affected by the addition and the stable will be used similarly to other stables in the City. CONCLUSION 17. Several letters in support of this project were received from neighbors, and are attached. 18. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a Conditional Use Permit and Variances and Chapter 17.18 of the Zoning Code pertaining to the newly adopted stables requirements for existing stables. 19. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. ZC NO. 800 • • 20. The Planning Commission could require that certain modifications to the structure be made to meet the conditions of the permitted uses/ construction specified in the Zoning Ordinance for stables and corrals and maintain the structure for future agricultural uses. It will also be a requirement that the property owners obtain all necessary building permits for the addition and repairs, and for any modification to the structure required by the Planning Commission. 21. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). ZC NO. 800 I • • CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional uses is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous. waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. SOURCE: City\ of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties, or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 800 Mlr-iKC? A. GIACC'NI, M.D. IlickiiDIOVASCULAR DISCASE6'be INTERNAL. MEDIC:NIT 1;.260 WEST SIXTH STREET, SUITE 205 SAKI PE[:RO, CAALLIF� T C:ORNIA 90732 i1 LEIHi,n:E 'I 632- J54 7 January 24, 2011 Dear Rolling Hills Planning Commission, • I ,.w • tyr. My wife and I reside at 92 Saddleback Road and have had the pleasure of knowing the Askari family as neighbors for over 25 years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the' Askari's effort to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stables, as the improvements under construction are essential to the usefulness of the structure. As owners of a property. in Rolling Hills, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such the .Askari's effort, as well as.the flexibility in use of such structures as called out by the City of Rolling Hills Ordinance 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank You, • Drs. Mirko & Mirjana Giaconi 92 Saddleback Road Rolling Hills, CA. 90274 11• January 19, 2011 J i i A Y. Dear Rolling Hills Planning Commission, My wife and I reside at 22 Portuguese Bend Road and have had the pleasure of knowing the Askari's as neighbors for over 17 years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills Community for many years. We support the Askari's efforts to improve their propety; specifically their stable and corral area. We support the, approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As o\\;ners of a property in Rolling Hills, we understand the difficulties of maintaining and improving such animal keeping facilities. We strongly support efforts to improve stables such as the Askari's as well as the flexibility in use of such structures as called, out by the City of Rolling Hills Ordinance 319. Without approvals of minor additions such as the project under consideration, the City's efforts to preserve the equestrian character of the city will be lost. Sincerely, Jerry and Pat T njian 22 Portugues Bend Road Rolling Hills, CA 90274 January 1st, 2011 r-:.i,J...ti \vt �...._..i I rl • 1I, BY:..6- tear Roiling Hills Planning Colmission, I ty wife and I reside at2i 9ef 1 k%.M and have had the pleasure of knowing the Askaris as neighbors for over, Y. years. Di, and Mrs. Asked have been invaluable members of the Roilirg Hills community for over 25 years. We support the Askari's efforts to improve their property, specifically their stable and corral area, We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. • Thank you, Dr. &Mrs.R1zi_—, Rolling California 90274 Image generated by Patient Chart Manager, PRIME CLINICAL SYSTEMS, INC. 877-444-1156. • • • January 1st, 2011 ;nl B Y: Dear Rolling Hills Planning Commission, wife and I reside at �, ' u' and riiae had thepleasurekn owing ve of know ng the Askaris as neighbors for over years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills with our own stable and corral, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such as the Askaris, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinace 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank you, 41 Dr. & Mrs. B6 1)iJJ Rolling Hills California 90274 •., RECEIVED FEB 04 2011 Cit, of Rollin Hills By f m (Mc -A 7 J . r • 7 / 1 ��Ormrn C�i'7�' /frt./ e ket.u).-6 f.j2 / " January 1st, 2011 Y:. C ....-:.... . Dear Rolling Hills Planning Comrnission, My wife and I reside at '•,5- 17t,jl1rand have had the pleasure of knowing the Askaris as neighbors for over .2 years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills with our own stable and corral, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support . efforts to improve stables, such as the Askaris, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinate 319. Without approvals of minor •additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank you, Dr. & Mrs. Rolling Hills California ,902• ., 41111111[VP,---- �q�F pyl+.b i. 011,G �..r 1 TO: FROM: • • eirie, Roa, Vile& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date: 2-15-11 Agenda Item: 7B HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR DATE: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: FEBRUARY 15, 2011 ZONING CASE NO. 800 2 PHEASANT LANE RA-S-2, 5 ACRES GROSS (INCL. ROAD EASEMENTS) DR. AND MRS. ASGHAR ASKARI BIZHAN KHALEELI, ARCHITECT FEBRUARY 3, 2011 REQUEST AND RECOMMENDATION The applicants, Dr. and Mrs. Askari, request a Conditional Use Permit to retain a corral and a two story nonconforming stable to which 105 square feet was added without permits, and Variance to allow the stable and corral to remain in the side yard setback and to allow the access to the tack room to be paved in its entirety on a property developed with a single family residence, at 2 Pheasant Lane. The first story of the stable is 630 square feet and the upper level or the loft is also 630 square feet for a total area of 1260 square feet. The loft area, which is being used as a tack room, is 50% of the building area. The area that could be used for a. corral is over 600 square feet. The stable structure is not being used for keeping of animals. It is recommended that the Planning Commission review the staff report; open the public hearing take testimony and schedule a field trip to the site. BACKGROUND 1. This proposal is subject to the recently adopted stable ordinance, which requires that any additions to existing stables must be reviewed pursuant to the Conditional Use ZC NO. 797 1 • • Permit process. The project is also subject to Variances from the requirement that stables may not be located in setbacks (except rear setback) and that the access to the tack room not be paved. 2. 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, and a small addition in 1987. 3. The property is irregular in shape; and takes access over 25 Portuguese Bend Road. It 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 property was created as a grant deed in 1957, where the subdivision laws were minimal. The only access to the residence is through the driveway that is bordering the stable structure. 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. The applicants were informed that if there were no changes made to the stable regulations, it would be necessary for the structure to be returned to its original state. 5. The applicants informed staff that when they purchased the property in 1986, the structure was being used in its entirety for recreation purposes and storage and that they assumed it was legal. Their children continued using it in the same manner, until the structure became dilapidated and needed repairs. 6. The situation with the existing converted structure was further complicated by the fact that only stables in the City are allowed to be two stories, and therefore the applicants did not have the option to request a CUP for a recreation room or a guest house, and set aside an area for a stable and corral elsewhere on the lot. In addition, the location of the structure in the setback and in the front of property would require variances. 7. 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. Staff and the building inspector visited the property and determined that with some modifications to the lower ZC NO. 800 -2- • (agricultural) space, delineation for corral and after obtaining building permits for the renovation, the structure would meet the new stable ordinance requirements. 8. Following review of the renovations by RHCA Architectural Committee, it was brought to staff's attention that an addition of 105 square feet was made to the lower level. Upon further review, staff determined that an addition was made to the lower portion of the structure without building permits, which was not clarified when staff visited the property. Subsequently, City rescinded its determination that the structure with certain modifications would meet the new stable ordinance regulations. 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. MUNICIPAL CODE COMPLIANCE 10. 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. 11. Prior to the addition, the upper level, loft, was larger than 'the 'agricultural space below. Section 17.18.060 of the ordinance states in part that "an existing stable, legally constructed prior to the effective date of the ordinance (August 12, 2010), which has a loft area that is maintained as a tack room and comprises no more than fifty percent of the size of the structure may continue to maintain a maximum of fifty percent tack room space and a minimum of fifty percent agricultural space, provided that the area of the structure used as a tack room does not exceed eight hundred square feet and all other uses are in compliance with the remaining sections of this chapter". Therefore, prior to the addition of 105 square feet, the structure would not have met the 50%/50% allowance for existing stables, or the 40% tack room to 60% agricultural space requirement for new stables in the current ordinance, as the tack room was greater than the agricultural space, (54.5%). With the addition, should the Planning Commission approve the Variance and CUP, the structure would meet the 50%/50% requirement. ZC NO.800 -3- 12. Additional requirements applicable to this request: REQUIREMETNS Not less than 6' wide roughened access to the stable. Exterior area adjacent to agricultural space may not to be paved. Exterior area adjacent to tack room or a loft used a; tack room may be porous, but not paved and may not be used for parking of vehicles (except deliver) of agricultural goods). Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items. Doors to look like barn doors anc be min. 4' wide by8' tall. Size to include the entire footprint including loft, if any. Minimum of 60% to be maintained for agricultural uses. For 2 stories pre-existing stables 50% may be used for agricultural uses, including storage. Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room. For 2 stories pre- existing stables 50% may be used as a tack room, not to exceed 800 sq.ft. Lofts used as a tack room may have sanitary amenities and kitchenette (no oven or stove). Lofts used as tack room may have removable glazed openings. Agricultural space may have removable glazed openings, if used for storage. Loft may be permitted over the agricultural space Loft plate height may not exceed 7'. Corral shall be fenced ZC NO. 800 PROPOSED There is an existing dirt path to the lower level (agricultural) of the structure and to corral. Area adjacent to lower level is not paved. Applicants seek a variance from this requirement. A paved driveway to the residence is adjacent to the tack room (loft). The driveway continues past the stable to the residence in the rear. Area is flat and no grading is required. Pre-existing in side setback and front area of the residence. However, due to the addition requires a Variance for location. Pre-existing, more than 35' to any structure. Building is proposed to look like a stable with stable like doors on the lower level. Currently the applicants have glass sliding doors to the bottom floor, and propose to place barn like doors over the glass doors. The interior of the "agricultural space" (to be used for storage) is finished, including floors. Ground floor 630 sq.ft. and loft (tack room) 630 sq.ft. Total 1260 sq.ft. Agricultural space used for storage comprises 50% of the size of the structure, (with unauthorized addition). Tack room comprises 630 s.f. or 50% of the sizE of the structure. Existing kitchenette and bathroom. Building permits required for renovations and repairs. Existing windows. Glass sliding doors and windows on sides. Sliding doors are not easily removable. Loft over agricultural space used as a tack rm. Pre-existing, over 7'. Currently not fenced. Commission could require that it be fenced. Access not to exceed 25% Corral to be contiguous to stable. Planning Commission may determine the size of 'a coral based on the size of the stable Commercial uses or sleeping is not allowed Existing access to agricultural space (storage) - varies in slope, not exceed 20%. Access to tack room is on the upper level from an existing driveway. Existing 600 sq.ft. corral contiguous to stable Applicant is not proposing any commercial uses or sleeping in the stable structure. 13. There is no building pad area for this structure, as the entire structure is located in setbacks. 14. The net lot area of the lot for development purposes is 153,305 square feet (3.5 acres). The structural lot coverage is existing at 8,550 square feet or 5.6% of the net lot area, (20% permitted); and the total lot coverage including the structures and paved areas is also existing at 30,220 square feet 19.7%, (35% permitted). 15. 22.5% of the net lot area is disturbed and no additional disturbance is proposed. 16. In describing the criteria to be satisfied for a variance, the applicants' representative states that the proposed addition seeks to enhance the usefulness and function of the pre-existing stable. The second floor is to be used as aTack Room and the entire first floor for storage of general household items as permitted in the zoning code (Section 17.18). He further states that the shape of the lot and the pre-existing location of the stable, together with the extreme slopes on portions of the lot limit buildable area. The addition and continued maintenance of the structure enhances public safety by removing fire hazards and allowing the owner to obtain building permits. He states that no neighbors will be adversely affected by the addition and the stable will be used similarly to other stables in the City. CONCLUSION 17. Several letters in support of this project were received from neighbors, and are attached. 18. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a Conditional Use Permit and Variances and Chapter 17.18 of the Zoning Code pertaining to the newly adopted stables requirements for existing stables. 19. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including ZC NO. 800 -5- provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 20. The Planning Commission could require that certain modifications to the structure be made to meet the conditions of the permitted uses/construction specified in the Zoning Ordinance for stables and corrals and maintain the structure for future agricultural uses. It will also be a requirement that the property owners obtain all necessary building permits for the addition and repairs, and for any modification to the structure required by the Planning Commission. 21. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). ZC NO. 800 -6- Ce 1' CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional uses is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 800 -7- (PD- MIRKO A. GIACONI, M.D. • CARDIOVASCULAR DISEASES & INTERNAL MEDICIN 1360 WEST SIXTH STREET. SUITE 205 SAN PEDRO, CALIFORNIA 90732 TELEPHONE 'I.'i 832-7541 RECE WED ft,N January 24, 2011 Dear Rolling Hills Planning Commission, My wife and I reside at 92 Saddleback Road and have had the pleasure of knowing the Askari family as neighbors for over 25 years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's effort to improve their property, specifically their stable and. corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stables, as the improvements under construction are essential to the usefulness of the structure. As owners of a property in Rolling Hills, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such the Askari's effort, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinance 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank You, Drs. Mirko & Mirjana Giaconi 92 Saddleback Road Rolling Hills, CA. 90274 B RECEIVED JAN252011 C.,ity of Rolling Hills January 19, 2011 Dear Rolling Hills Planning Commission, My wife and I reside at 22 Portuguese Bend Road and have had the pleasure of knowing the Askari's as neighbors for over 17 years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills Community for many years. We support the Askari's efforts to improve their property; specifically their stable and corral area. We support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills, we understand the difficulties of maintaining and improving such animal keeping facilities. We strongly support efforts to improve stables such as the Askari's as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinance 319. Without approvals of minor additions such as the project under consideration, the City's efforts to preserve the equestrian character of the city will be lost. Sincerely, Jerry and Pat T njian 22 Portugues end Road Rolling Hills, CA 90274 January 1st, 2011 BY: .� • Dear Roiling Hills Planning Corrrrission, My wife and I reside at2i ��1')4and have had the pleasure of knowing the Askaris as neighbors for over 1A, years. Q and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's efforts to improve their property, specifically their stable and corral area, We thus support the approval of their application for a variance and conditional use pearl for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. Thank you, Dr. &Mrs.Rrzi Rolling HliaV California 90274 R.ECEVED !AN 2 5 2011 Oiiv of Rolling Image generated by Patient Chart Manager, PRIME CLINICAL SYSTEMS, INC. 877-444-1156. January 1st, 2011 ; n1 B Y: J Dear Rolling Hills Planning Commission, My wife and I reside at and have had the pleasure of knowing the Askaris as neighbors for over years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askari's efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills with our ow.n stable and corral, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such as the Askaris, as well as the flexibility in use of such structures as called out by the City of Rolling Hjlls Ordinace 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. (1,„, Thank you, (]' Dr. & Mrs. T3 0 OF. Rolling Hills California 90274 RECEJVED FEB 0 4 2011 By Y mR dA Hills C 0 t ctD. `:1-v Cc. 6•1:vrN //4,w0�u� ,ef^ / v tytiim /9 .+ 7)( (2. gi Q. 1.C.1c?4 V/ January 1st, 2011 Dear Rolling Hills Planning Commission, My wife and I reside at .";." ��'y���� and have had the pleasure of knowing the Askaris as neighbors for over (U years. Dr. and Mrs. Askari have been invaluable members of the Rolling Hills community for over 25 years. We support the Askarits efforts to improve their property, specifically their stable and corral area. We thus support the approval of their application for a variance and conditional use permit for additions to their stable as the improvements under consideration are essential to the usefulness of the structure. As owners of a property in Rolling Hills with our own stable and corral, we understand the difficulties of maintaining, let alone improving such animal keeping facilities. We strongly support efforts to improve stables, such as the Askaris, as well as the flexibility in use of such structures as called out by the City of Rolling Hills Ordinace 319. Without approvals of minor additions such as the project under consideration the cities efforts to preserve the equestrian character of the city will be lost. Thank you, Dr. & Mrs. l'( Rolling Hills Californ.9027-4 � EVED FEB 8 2011 ;ity. .;f Rolling Hills