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374, Construct a guest house, Resolutions & Approval ConditionsRESOLUTION NO. 89-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE IN ZONING CASE NO. 374 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES FIND AND RESOLVE AS FOLLOWS: Section 1. An application was duly filed by Dr. and Mrs. Stephen Taus for a Conditional Use Permit to construct a guest house, at property located at 7 Open Brand Road (Lot 115-EF), Rolling Hills, California. The application seeks a Conditional Use Permit to allow a guest house to be constructed on the property. Section 2. The Planning Commission opened the public hearing on December 20, 1988 and continued it to January 17, 1989. A duly noticed field trip was conducted on January 14, 1989, to which the applicant and all members of the public were invited. The Commission has considered the evidence, both written and oral, presented to it in connection with this application. Section 3. In accordance with Sections 17.32.060 of the Municipal Code, the Planning Commission finds as follows: 1. That Conditional Use Permit for a guest house on the subject property is consistent with the purposes and objectives of the Zoning Ordinance and is not detrimental to the public health, safety and welfare. 2. That the Conditional Use Permit for a guest house on the subject property is compatible with uses in the surrounding area. 3. This project is categorically exempt under the California Environmental Quality Act. Section 4. The Planning Commission, as consideration for approval, does hereby set forth the following conditions with which the property owner must comply. 1. This Conditional Use Permit shall not be effective for any purpose until the owner of the property involved, or his duly authorized representative, has filed with the City Clerk of the City of Rolling Hills an affidavit stating that he is aware of and agrees to comply with all the conditions of the Permit. 2. It is declared to be the intent of the Planning Commission that is any provision of the Permit is held or declared to be invalid, the Permit shall be void and the privileges granted thereunder shall lapse. 3. It is declared and made a condition of the Permit that if any conditions thereof are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. 4. All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. • • Conditional approved. 1989. ATTEST: 5. The property shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit "A", except as otherwise provided in these conditions. 6. Use of the guest house is limited to purpose indicated which is to be for recreation uses; not for habitation of a permanent nature. 7. Landscaping, irrigation plans and bonding are required of the applicant, and must be approved by the Planning Commission and be bonded at estimated cost of landscaping, plus 15%. 8. Prior to issuance of building permits and grading permits, complete geological soils and hydrological testing must be accomplished to determine the compatibility of construction with the topography, geology and environmental issues related to the site. 9. Renting of the guest house is prohibited. 10. This Conditional Use Permit shall expire unless used within one year from the date of grant, pursuant to Section 17.32.110. 11. This Conditional Use Permit shall not be valid or effective unless the applicant has received final architectural approval from the Rolling Hills Community Association Architectural Committee. 12. An engineered drain system must be incorporated into the design of the recreation room and, be approved by the City engineer. 13. No vehicular access or paved parking area be developed within fifty feet (50') of the proposed guest house. 14. The driveway necessary to access the proposed stable shall be located in an area determined by the City Manager. Any relocation of utilities to effect access to the stable shall be complied with by the property owner. 15. Occupancy of the proposed guest house or servants' quarters be limited to persons employed wholly on the premises and their immediate families, or by the temporary guests of the occupants of the main residence. No guest may remain in continuing occupancy for more than thirty days in any six month period. Section 5. In accordance with the foregoing findings the Use Permit sought in Zoning Case No. 374 is hereby PASSED, APPROVED, and ADOPTED this 17th day of January, City Clerk Chairman RESOLUTION NO. 592 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A CONDITIONAL USE PERMIT IN ZONING CASE NO. 374 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Stephen Taus with respect to real property located at No. 7 Open Brand Road, Rolling Hills (Lot 115-EF) requesting a conditional use permit for conversion of a stable into a guest house on said property. Section 2. The application was considered by the Planning Commission at a duly noticed public hearing on December 20, 1988, January 17, 1989 and at a field trip on January 14, 1989. The Commission after receiving and considering evidence, both written and oral, approved the permit. Section 3. At its meeting of January 13, 1989, the City Council, pursuant to Section 17.32.140(c) of the Rolling Hills Municipal Code appealed and assumed jurisdiction of the application by a unanimous vote. Section 4. On February 27, 1989, the City Council opened a duly -noticed, de novo public hearing pursuant to Municipal Code Section 17.32.190 to consider the application. Evidence, both written and oral, was presented to and considered by the City Council. The hearing was adjourned to field trips on March 7 and April 17, 1989 to enable the Council and all interested persons the opportunity to view the site. Section 5. The City Council on March 7 and April 17, 1989, conducted field trips to the site which was open to all members of the public. The Council inspected the subject property and observed the following: A. A stable is presently located in the rear yard of the property; the applicant proposes to convert the stable into a guest house and to make another site available for a future stable. • • B. The proposed future stable site is relatively small. Due to the steep grade on the westerly side of the property, access to the proposed stable site would be difficult and costly to construct, because of the need for a large amount of grading and extensive use of retaining walls. Section 6. The Council resumed the continued public hearing on April 24, 1989, at which time additional evidence was presented to and considered by the Council. Section 7. Section 17.16.012(F) of the Municipal Code provides the discretion to grant a conditional use permit for guest houses if appropriate under Section 17.32.060, subject to certain minimum conditions. Section 8. The City Council finds that: A. In order to convert an existing stable into a guest house, the applicant must replace the stable or show on the plans a substitute location for a stable (see Rolling Hills Municipal Code Section 17.16.040) as well as access to the stable or proposed stable site. Moreover, no driveway, parking area or other means of vehicular access is permitted by City policy to exist closer than fifty (50) feet from a guest house, in order to deter its use as permanent lodging. B. In this instance, the plans show a small substitute site for a future stable. The Council's field trip revealed this to be barely adequate to accommodate a stable for one horse. Access to the stable is shown on the plans to depart from the applicant's own property and to cross onto neighboring property. The applicant has not provided the City with evidence, such as an easement, of its right to utilize neighboring property for this purpose. C. The proposed access to the future stable site as shown on the plans would be closer than fifty (50) feet from the guest house, in violation of standard conditions of approval of guest houses. Further, the access would, due to topographical conditions, be extremely difficult and expensive to construct, making it unlikely that it would ever be constructed. D. The Land Use and Recreation Elements of the Rolling Hills General Plan sets forth the City's objective that equestrian uses be encouraged and that all parcels in the City be suitable for equestrian uses. The conversion of a stable to guest house under circumstances that make reconstruction of a stable unfeasible or unlikely is inconsistent with the General Plan. Y.� • • E. The applicant failed to appear at the continued public hearing on April 24, making it impossible for the Council to ask questions of the applicant and obtain responses to these concerns. Section 9. Pursuant to Section 17.32.060 of the Rolling Hills Municipal Code, the City Council finds that: A. For the reasons set forth above, the proposed conversion of the existing stable into a guest house would violate Municipal Code Section 17.16.040 and would be unable to satisfy certain standard conditions of the approval for guest houses and stables relating to access. B. For the reasons set forth above, the proposed conversion of a stable to a guest house would be inconsistent with the requirements and objectives of the City's General Plan and with the purposes of proper land use planning set forth in the Zoning Ordinance. Section 10. For and on the basis of the foregoing findings, the conditional use permit for Zoning Case No. 374 is hereby denied. day of ATTEST: c:\lawyer\ord\cse374.mj PASSED, APPROVED and ADOPTED on this 8th May , 1989. City Clerk s tAV% W4got IDa Lct Mayor