726, Extension of previously approv, Resolutions & Approval ConditionsRESOLUTION NO. 2009-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A TIME EXTENSION FOR A PREVIOUSLY
APPROVED SITE PLAN REVIEW TO CONSTRUCT A STABLE AND CORRAL
THAT REQUIRE GRADING; A VARIANCE TO LOCATE THE STABLE AND
THE CORRAL IN THE FRONT SETBACK; A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AND A VARIANCE
TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE IN
ZONING CASE NO. 726 AT 7 OUTRIDER ROAD, (LOT 79-EF), (PEDEN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Steven Peden
property owners, with respect to real property located at 7 Outrider Road, (Lot 79-EF),
Rolling Hills, CA requesting a two-year time extension for a previously approved Site
Plan Review and Variances to construct a 912 square foot stable with 3,593 square foot
corral area, which includes the access to the stable; a Variance to construct the stable
and the corral in the front setback; a Variance to exceed the maximum permitted
disturbed area of the lot and a Variance to exceed the maximum permitted total
structural coverage of the lot., in Zoning Case No. 726.
Section 2. The Commission considered this item at a meeting on May 19,
2009 at which time information was presented indicating that additional time is
needed to process the development application and commence construction.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 9 of Resolution No. 2007-10,
dated June 19, 2007, to read as follows:
"A. The Site Plan and Variances approvals shall expire within four years
from the effective date of approval if work has not commenced as defined in Sections
17.38.070(A) and 17.46.080 of the Zoning Ordinance. No further extension shall be
granted.
Section 4. Except as herein amended, the provisions and conditions of
Resolution No. 2007-10 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MAY 2009.
ATTEST:
p aft4/c ?l 09,
RICHARD HENKE, CHAIRMAN
/
/I 4
HEIDI LUCE, IN1 ERIM DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2009-05 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A TIME
EXTENSION FOR A PREVIOUSLY APPROVED SITE
PLAN REVIEW TO CONSTRUCT A STABLE AND
CORRAL THAT REQUIRE GRADING; A VARIANCE TO
LOCATE THE STABLE AND THE CORRAL IN THE
FRONT SETBACK; A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBED AREA OF THE LOT
AND A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED TOTAL LOT COVERAGE IN ZONING CASE
NO. 726 AT 7 OUTRIDER ROAD, (LOT 79-EF), (PEDEN).
was approved and adopted at a regular meeting of the Planning Commission
on May 19, 2009 by the following roll call vote:
AYES: Commissioners DeRoy, Pieper, Smith, Witte and Chairman Henke.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
INTERIM DEPUTY CITY CLERK
ZONING CASE NO. 726 (REVISED)
DEVELOPMENT
STANDARDS
RA-S-1 ZONE SETBACKS
Front: 50 ft. from front
easement line
Side: 20 ft. from property
line
Rear: 50 ft. from property
line
STRUCTURES
Site Plan Review required if
size of structure increases by
at least 1,000 sq.ft. and has
the effect of increasing the
size of the structure by more
than 25% in a 36-month
period.
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING
PAD COVERAGE
GRADING
EXISTING
Single family residence
Residence 4483 sq.ft.
Garage 540 sq.ft.
Pool 733 sq.ft.
Spa 50 sq.ft.
Stable 0
Cov. Porches 195 sq.ft.
Service yard 96 sq.ft.
Entry 148 sa.ft.
Total 6,334 sq.ft.
17.0%
33.8%
31.4% not including
covered porch
N/A
PREVIOUSLY
PROPOSED
(approved by PC)
SPR-grading; VR-for
yard encroachment,
lot coverage and
disturbance
Residence 4483 sq.ft.
Garage 540 sq.ft.
Pool 738 sq.ft.
Spa 50 sq.ft.
Stable 912 sq.ft.
Cov. Porch 195 sq.ft.
Service yard 96 sq.ft.
Entry 148 sa.ft.
Total 7,246 sq.ft.
19.4% of 37,320 sq.ft.
net lot area
36.3% (13,532 s.f.)
34.3% of 19,558 sq.ft.
residential bldg.pad
not including covered
porch
169 c.y. cut and 169
c.y. fill
PROPOSED AFTER
CASE WAS
REMANDED TO PC
SPR-grading; VR-for
yard encroachment,
lot coverage and
disturbance
Residence 4483 sq.ft.
Garage 540 sq.ft.
Pool 738 sq.ft.
Spa 50 sq.ft.
Stable 1082 sq.ft.
Cov. Porch 195 sq.ft.
Service yard 96 sq.ft.
Barbecue 48 sq.ft.
Entry 148 sa.ft.
Total 7,455 sq.ft.
19.9% of 37,320 sq.ft.
net lot area
36.7% (13,702 s.f.)
31.4% of 19,558 sq.ft.
residential bldg.pad
not including covered
porch
142 c.y. cut and 142
c.y. fill
APPROVED
6/07
SPR-grading; VR-for
yard encroachment,
lot coverage and
disturbance
Residence
Garage
Pool
Spa
Stable
Cov. Porch
Service yard
Barbecue
Entry
Total
19.5%
36.3 %
4483 sq.ft.
540 sq.ft.
738 sq.ft.
50 sq.ft.
912 sq.ft.
195 sq.ft.
96 sq.ft.
48 sq.ft
148 sa.ft.
7,294 sq.ft.
31.4% (stable not
located on residential
pad)
142 c.y. cut and 142
c.y. fill
DISTURBED AREA
40% maximum; any graded
building pad area, any
remedial grading
(temporary disturbance),
any graded slopes and
building pad areas, and any
nongraded area where
impervious surfaces exist.
STABLE (450 SO.FT.
& 550 SO.FT. CORRAL
MIN.)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS N/ A
38.9%
None
N/A
Existing from Outrider
N/A
49.3% or 18,418 sq.ft.
of 37,320 sq.ft. net lot
area
912 sq.ft. stable
1,536 sq.ft. corral
From driveway
Existing from Outrider
Planning Commission
condition
Planning Commission
condition
49.3% or 18,418 sq.ft.
of 37,320 sq.ft. net lot
area
1,082 sq.ft. stable
2,200 sq.ft. corral
From driveway
Existing from Outrider
Planning Commission
review
Planning Commission
review
49.3% or 18,418 sq.ft.
of 37,320 sq.ft. net lot
area
912 sa.ft. stable
3,593 sq.ft. corral
From driveway
Existing from Outrider
Planning Commission
condition
Planning Commission
condition
•
RESOLUTION NO. 2007-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN
REVIEW TO CONSTRUCT A STABLE AND CORRAL THAT
REQUIRE GRADING; A VARIANCE TO LOCATE THE STABLE
AND CORRAL IN THE FRONT SETBACK; A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE
LOT AND A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED TOTAL LOT COVERAGE IN ZONING CASE NO. 726
AT 7 OUTRIDER ROAD, (LOT 79-EF), (PEDEN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS DOES HEREBY FIND,' RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Steven Peden with
respect to real property located at 7 Outrider Road, (Lot 79-EF), Rolling Hills,
requesting a Site Plan Review *for grading to construct a 912 square foot stable,
without a loft and a 3,593 square foot corral area, which includes the access to the
stable, a Variance to construct the stable and the corral in the front setback, a Variance
to exceed the maximum permitted disturbed area of the lot and a Variance to exceed
the maximum permitted total structural coverage of the lot at a property where
substantial addition and remodel of a single family residence was administratively
approved in 2005.
Section 2. On August 15, 2006, the Planning Commission approved a
Variance for a 912 square foot stable located in the front setback with 1,536 square foot
corral, a portion of which encroached into the front setback, and Variances to exceed
the maximum permitted disturbed area of the lot and to exceed the maximum
permitted total lot coverage. On August 28, 2006 the City Council took jurisdiction of
the case expressing concerns over the size of the stable in the then proposed location
in front of the residence and the front setback encroachment and lack of adequate
access. The applicants requested several continuances of this case, and on February 13,
2007, the City Council conducted a field trip to the property. During the field trip,
Council members suggested several options for the applicants to consider moving the
stable.
At the February 28, 2007 City Council meeting the applicants submitted a revised site
plan for the stable. At that meeting Council members remanded the case back to the
Planning Commission, deeming the change in location of the stable a major change,
therefore warranting review by the Planning Commission.
Section 3. The Planning Commission conducted duly noticed public
hearings to consider the request in Zoning Case No. 726 (Revised) for Variances and
Site Plan Review on April 17, 2007, May 15, 2007 and at a field trip visit on May 15,
2007. The applicants were notified of the hearings in writing by first class mail.
Evidence was heard and presented from all persons interested in said proposal. The
Resolution 2007-10
7 Outrider
1
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Planning Commission heard a report from the City staff and reviewed, analyzed and
studied the proposal. The Planning Commission also considered a letter from a
neighbor objecting to the size and location of the stable. The applicants and the
applicants' representative were in attendance at -the hearings.
Section 4. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
categorically exempt from environmental review under the California Environmental
Quality Act.
Section 5. Section 17.46.020(A)(1) requires a Site Plan Review for grading
projects requiring a grading permit. With respect to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
A. The proposed activity is compatible with the General Plan and the
Zoning Ordinance in that an equestrian use and activity is being proposed that will
'preserve the distinctive rural residential character of the City. The Land Use Element
of`the General Plan establishes the maintenance of strict grading practices to preserve
the community's natural terrain. The Building Code and the Zoning Ordinance
require a balanced cut and fill ratio and do not permit import or export of soil, except
under special circumstances applicable to a property or with a discretionary
permission by the Planning Commission. Due to the location of the existing
development and the topography of the lot, in order to meet the requirement to built
or set aside an area for a stable and corral, the grading is necessary. The grading is
very minimal at 142 cubic yards of cut and 142 cubic yards of fill.
B. The proposed activity preserves and integrates into the site design, to
the maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land -forms (such
as hillsides and knolls). Although minor grading activity is necessary to construct the
stable, the grading is proposed to follow the contours and the stable will be tucked
into the hillside and no grading is required for the corral. The corral is proposed to be
located on an existing flat portion of the lot. The development plan substantially
preserves the natural and undeveloped state of the lot, especially in the rear of the
property. The corral area will be left as open space and will be screened from the
adjacent property by existing shrubs.
C. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction.of
the stable and corral will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is not intrusive to surrounding properties,
although the corral area is approximately 10-15 feet from a driveway to the adjacent
property, it is not in vicinity of the adjacent residence. The stable and corral will be.
screened and landscaped with trees and shrubs from nearby residences and from the
street so that the proposed construction will not impact the view or privacy of
surrounding neighbors, and will permit the owners to enjoy their property without
Resolution 2007-10 2
7 Outrider
• •
deleterious infringement on the rights of surrounding property owners.
D. The proposed development is harmonious in scale and mass with the
site, the natural terrain and surrounding residences. The proposed project is consistent
with the scale of the neighborhood, as it was observed by the Commission that many
of the structures in this neighborhood, although not necessarily stables, encroach into
the front setback.
E. The development plan will be based upon compliance with the
conditions contained in this Resolution, supplement the existing vegetation with
landscaping,. that is compatible with and, enhances the rural character of the
community and provide a stable and corral. Upon completion of the project the corral
area will, remain as open space.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project does not affect the circulation for pedestrians and vehicles and will
utilize the existing driveway.
G. The project conforms to the requirements of the California
Environmental Quality Act and is exempt from its requirements.
Section 6. The applicant seeks a variance from the 40% maximum disturbed
area standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code.
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. Additional findings are also required, as detailed herein. 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. The topographic nature and the
configuration of- current development of the subject property are such that
construction of the stable elsewhere on the property, where grading would not be
required, is not feasible. Due to the variable width of the lot along its entire length and
the placement of the residence, placement of the stable elsewhere on the lot would not
meet the Health Department 35-foot separation requirement between the residence
and the stable. Currently, without the proposed stable, the disturbed area is at the
maximum permitted at 40.0%, therefore any development outside the existing
building pad requires additional grading and/or disturbance.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and zone,
but which would be denied to the3property in question absent a variance. The lot
Resolution 2007-10
7 Outrider
• •
is developed from the front setback to the rear setback line with residential structure
and a pool and there is no other area beyond the residence and the pool for the
construction of a stable and corral of the proposed size. In order for the applicants to
enjoy their property and satisfy the -requirement for stable and corral, although larger
than required by the Zoning Ordinance, the Variance to exceed the maximum
permitted disturbed area is necessary. With the minimum required 450 square foot
stable, the disturbed lot area is at the maximum permitted, and therefore, any
additional grading and square footage for a stable would trigger a Variance. The
additional disturbance of the net lot area that will result from grading and
construction of the stable is minimal and is in keeping with City's goals to maintain
rural character of the City. The overage; is not significant and the property owner
should not be denied the privilege of a."stable simply because the topographic nature
of the lot and configuration of the existing residence makes it infeasible to comply
strictly with Section 17.16.170.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinityand zone
in which the property is located. Significant portions of the lot will be left
undeveloped so as to maintain open space on the property. The proposed project will
be constructed on a portion of the lot which is not intrusive to surrounding properties,
although the corral area is approximately 10-15 feet from a driveway to the adjacent
property, it is not in the vicinity of the adjacent residence. The stable and corral will be
screened and landscaped with trees and shrubs from nearby residences and from the
street so that the proposed construction will not impact the view or privacy of
surrounding neighbors, and will permit the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners.
D. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the stable and corral will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is not intrusive to surrounding properties,
will be screened and landscaped with trees and shrubs will be of sufficient distance
from nearby residences and the street so that the proposed construction will not
impact the view or privacy of surrounding neighbors, and will permit the owners to
enjoy their property without deleterious infringement on the rights of surrounding
property owners. A minor increase in the overall percentage of disturbed area on the
lot will have no effect on the public welfare or on property or improvements in the
vicinity.
E. In granting the variance, the spirit and intent of the General Plan and the
Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate
development in an orderly fashion and in a manner consistent with the goals and
policies of the General Plan. Approval of the variance will not impede any goals of the
Zoning Ordinance or the General Plan. Rather, the variance will allow the property
owner to enjoy the same rights and privileges afforded to other property owners in the
vicinity. The overage requested is not substantial and does not undermine the spirit or
4
Resolution 2007-10
7 Outrider
intent of the Zoning Ordinance.
F. 'The variance does not grant special privileges to the applicant. To the
contrary, abse it -a variance, the property owner would be deprived of the same rights
and privileges afforded to other property owners in the vicinity. Unique circumstances
applicable to the subject property make it infeasible for the property owner to comply
with Section 17.16.070. The minor overage requested will allow the property owner to
enjoy the same rights and privileges afforded to many other properties in the vicinity
and zone. There are many other properties in the vicinity in this neighborhood of the
City that, although not necessarily stables, have structures that encroach into the front
setback.
G. 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.
Section 7. Sections 17.38.010 through 17.38.050 bf the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the
Zoning Ordinance when exceptional or extraordinary circumstances applicable to the
property and not applicable to other similar properties in the same zone prevent the
owner from making use of a parcel of property to the same extent enjoyed by similar
properties in the same vicinity. Section 17.16.070(A)(2) states that coverage by all
impervious surfaces (structures and paved areas) shall not cover more than 35 percent
of the net lot area. The applicants are requesting a Variance because their proposal
would result in coverage by impervious surfaces of 36.3% of the net lot area. In
regards to the Variance application the Planning Commission makes the following
findings of fact:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other property or class of
use in the same zone. The Variance for the total lot coverage is necessary because the
lot is 1.18 acres gross, however net lot area is 0.86 acres, and the lot is long and narrow
and irregular in shape. The lot size and configuration, together with the existing
development on the lot creates difficulty in meeting this Code requirement.
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. The Variance is necessary because the
property is developed with a modest home, and the remaining of the property is
planned to be used for equestrian purposes, which enhances the rural environment of
the City and meets the goals of the City to encourage retention and construction of
equestrian uses. With the minimum required 450 square foot stable, the total coverage
is at the maximum permitted, and therefore, any additional square footage for a stable
would trigger a Variance. The additional coverage of the net lot area that will result
from the construction of the stable is minimal and is in keeping with City's goals to
maintain rural character of the City.
Resolution 2007-10
7 Outrider
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•
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. All development will be adequately screened to
prevent adverse visual impact to surrounding properties and from the roadway. With
this Variance, the total impervious surfaces including structures will be limited to
36.05%, which will allow a substantial portion of the lot to remain undeveloped.
D. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the stable and corral will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is the least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs will be of sufficient
distance from nearby residences and the street so that the_ proposed construction will
not impact the view or privacy of surrounding neighbors, and will permit the owners
to enjoy their property without deleterious infringement on the rights of surrounding
property owners.
E. In granting the variance, the spirit and intent of the General Plan and the
Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate
development in an orderly fashion and in a manner consistent with the goals and
policies of the General Plan. Approval of the variance will not impede any goals of the
Zoning Ordinance or the General Plan. Rather, the variance will allow the property
owner to enjoy the same rights and privileges afforded to other property owners in the
vicinity. The overage requested is not substantial and does not undermine the spirit or
intent of the Zoning Ordinance.
F. The variance does not grant special privileges to the applicant. To the
contrary, absent a variance, the property owner would be deprived of the same rights
and privileges afforded to other property owners in the vicinity. Unique circumstances
applicable to the subject property make it infeasible for the property owner to comply
with Section 17.16.070(A)(2). The minor overage requested will allow the property
owner to enjoy the same rights and privileges afforded to many other properties in the
vicinity and zone.
G. 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.
Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and requirements
of the Zoning Ordinance when exceptional or extraordinary circumstances applicable
to the property and not applicable to other similar properties in the same zone prevent
the owner from making use of a parcel of property to the same extent enjoyed by
similar properties in the same vicinity. Section 17.16.200(A)(3) states that no corral,
pen, stable, barn other similar holding facility shall be permitted in a front yard. The
applicants are requesting to construct the stable and the corral in the front setback.
Resolution 2007-10 6
7 Outrider
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 that do not apply generally to the other property or class of
use in the same zone. The lot size and configuration, together with the existing
development on the lot creates difficulty in meeting the front yard requirements. A
stable was previously located in the front yard, which was dilapidated and
demolished when the current property owners purchased the lot. The 912 square foot
stable will be built into the slope and will not be intrusive to neighbors or visible from
the street or cause the lot to be overbuilt. The configuration of the existing residence is
such that it, occupies the entire length of the property, except setbacks, therefore, not
leaving adequate space for other accessory. structures. The small flat portion at the
side of the residence is not adequate to construct the size of the stable and, corral
desired by the applicant.
B. The Variance is necessary for the preservation and enjoymentof a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question. The Variance is necessary because the
property is developed with a home built in such a way that it takes up almost the
entire length of the property, except setbacks, therefore, not leaving adequate space
for other accessory structures. Absent of a variance, the property owner would be
deprived of the same rights and privileges afforded to other property owners in the
vicinity. The small flat portion at the side of the residence is not adequate to construct
the size of the stable and corral desired by the applicants. Many of the properties in
this part of the City are developed with structures that encroach into the front yard
setback. Although those structures are not necessarily used as stables, they exist
harmoniously with the remaining structures.
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. The location of the proposed project will be the least
intrusive to surrounding properties, will be screened and landscaped with mature
trees and shrubs, will be of sufficient distance from nearby residences, so that it will
not impact the view or privacy of surrounding neighbors, and will permit the owners
to enjoy their property without deleterious infringement on the rights of surrounding
property owners.
D. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the stable and corral will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is the least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs will be of sufficient
distance from nearby residences and the street so that the proposed construction will
not impact the view or privacy of surrounding neighbors, and will permit the owners
to enjoy their property without deleterious infringement on the rights of surrounding
property owners.
Resolution 2007-10
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7
E. In granting the variance, the spirit and intent of the General Plan and the
Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate
development in -an orderly fashion and in a manner consistent with the goals and
policies of the General Plan. Approval of the variance will not impede any goals of the
Zoning Ordinance or the General Plan. Rather, the variance will allow the property
owner to enjoy the same rights and privileges afforded to other property owners in the
vicinity. The overage requested is not substantial and does not undermine the spirit or
intent of the Zoning Ordinance.
F. The variance does not grant special privileges to the applicant. To the
contrary, absent a variance, the property owner would be deprived of the same rights
and privileges afforded to other property owners in the vicinity. Unique circumstances
applicable to the subject property make it infeasible for the property owner to comply
with Section 17.16.200(A)(3). The minor overage requested will allow the property
owner to enjoy the same rights and privileges afforded to many other properties in the
vicinity and zone.
G. 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.
Section 9. Based upon the foregoing findings in Section 5, Section 6, Section
7, and Section 8 of this Resolution, the Planning Commission hereby approves the
Variances and Site Plan Review in Zoning Case No. 726 for grading of 142 cubic yards
of cut and 142 cubic yards of fill and construction of a 912 square foot stable and corral
in the front setback and to exceed the maximum permitted disturbed area and the
maximum permitted total lot coverage of the lot subject to the following conditions:
A. The Site Plan and Variances approvals shall expire within two years from
the effective date of approval if work has not commenced as defined in Sections
17.38.070(A) and 17.46.080 of the Zoning Ordinance, unless otherwise extended
pursuant to the requirements of these sections.
B. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the City has given the applicants written notice
to cease such violation, the opportunity for a hearing has been provided, and if
requested, 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 Building and Construction Ordinance, 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. This shall include, but not be limited to, the requirements of the Outdoor
Lighting Ordinance, Undergrounding of Utilities Ordinance, Roof Covering
Ordinance and others.
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• •
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 13, 2007, except as otherwise provided in these
conditions.
E. Structural lot coverage shall not exceed 7,246 square feet or 19.4% in
conformance with lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed 13,532
square feet or 36.3% in conformance with the Variance approval.
G. The disturbed area of the lot shall not exceed 18,418 square feet or 49.3%
in conformance with the Variance approval.
H. Building pad coverage on the residential building pad, not induding the
stable shall not exceed 34.3%.
I. Grading for the stable and corral shall not exceed 142 cubic, yards of cut
and 142 cubic yards of fill and shall be balanced on site.
J. Prior to issuance of grading permit submit two sets of landscaping plans
for staff's review. Landscaping shall be designed using mature trees and shrubs so as
not to obstruct views from neighboring properties, but to screen the stable structure
on the lot. If trees are to be incorporated into the landscaping scheme, at maturity they
shall be no higher than the ridge height of the stable. The stable shall be screened from
Outrider Road and the driveway at 5 Outrider. Plants that develop into a hedge like
screen should not be planted.
K. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic
controllers, incorporates an irrigation design using "hydrozones," considers slope
factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray.
L. Prior to issuance of a grading permit, the applicants shall secure approval
from Rolling Hills Community Association for the corral that is proposed to be located
in the RHCA easement.
M. Utility lines to the stable shall be placed underground and the
roof material for the stable shall meet the City and RHCA requirements.
N. During construction perimeter easements shall remain clear and free of
debris, parked vehicles, building material, building equipment and all other
construction items.
O. Dust control measures shall be used to stabilize the soil from wind
erosion and reduce dust and objectionable odors on the corral area, and the corral area
shall be sprinkled.
Resolution 2007-10
7 Outrider
9
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paved.
P. The access to the stable shall not exceed 20% in slope and shall not be
Q. If during construction a construction fence is installed, it shall not block
any easements.
R. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
S. During construction, conformance with the Air Quality Management
District requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so, that people or property are not exposed to
undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or
land subsidence shall be required.
T. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water in an approved manner.
U. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking may take place within nearby roadway
easements.
V. 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.
W. A drainage plan system, if required by the Los Angeles County
Department of Building and Safety, shall be approved by the County and shall be
designed in such a manner as to drain in easterly direction of the property and to the
maximum extent practicable be dissipated on the subject property. If an above ground
swale and / or dissipater is required, the above ground swale and / or dissipater shall
be designed in such a manner as not to cross over any equestrian trails or discharge
water onto a trail, shall incorporate earth tone colors, and shall be screened from any
trail and neighbors' view to the maximum extent practicable, without impairing the
function of the drainage system.
X. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater, drainage facilities.
Y. The property owners- shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Resolution 2007-10 10
7 Outrider
• •
Management Practices (BMP's) related to solid waste.
Z. The project shall be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
permits.
AA. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional structural development, disturbance or grading, shall require the filing
of a new application for approval by the Planning Commission.
AB. The applicants shall execute an Affidavit of Acceptance of all conditions
of this Site Plan and Variance approvals, pursuant to Sections 17.38.060 and 17.46.065
of the Zoning Ordinance, or the approval shall not be effective.
AC. All conditions of this Site Plan Review and Variances approval, which
apply, must be complied with prior to the issuance of a building permit from the
County of Los Angeles.
AD. 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.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JUNE 2007.
ATTEST:
MARILYN L. KERN, DEPUTY CITY CLERK
Resolution 2007-10
7 Outrider
11
ARVEL WITTE, CHAIRMAN
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2007-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW TO
CONSTRUCT A STABLE AND CORRAL THAT REQUIRE GRADING; A
VARIANCE TO LOCATE THE STABLE AND THE CORRAL IN THE FRONT
SETBACK; A VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED AREA OF THE LOT AND A VARIANCE TO. EXCEED THE
MAXIMUM PERMITTED TOTAL LOT COVERAGE IN ZONING`CASE NO. 726
AT 7 OUTRIDER ROAD, (LOT 79-EF), (PEDEN).
was approved on June 19, 2007 by the following roll call vote:
AYES: Commissioners DeRoy, Henke, Sommer and Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Resolution 2007-10
7 Outrider
DEPUTY CITY CLERK
12
• •
RESOLUTION NO. 2006-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN
REVIEW TO CONSTRUCT A STABLE THAT REQUIRES GRADING;
A VARIANCE TO LOCATE THE STABLE AND A PORTION OF
THE CORRAL IN THE FRONT SETBACK; A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE
LOT AND A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED TOTAL LOT COVERAGE IN ZONING CASE NO. 726
AT 7 OUTRIDER ROAD, (LOT 79-EF), (PEDEN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Steven Peden with
respect to real property located at 7 Outrider Road, (Lot 79-EF), Rolling Hills,
requesting a Site Plan Review for grading to construct a 912 square foot stable, a
Variance to construct the stable and portion of the corral in the front setback, a
Variance to exceed the maximum permitted disturbed area of the lot and a Variance to
exceed the maximum permitted total structural coverage of the lot at a property where
substantial addition and remodel of a single family residence was administratively
approved in 2005 and is currently under construction. Originally a loft was proposed
for the stable as well.
Section 2. For the recent approvals for the addition and spa the applicants
designated a 1000 square foot area to the east of the residence as suitable for future
stable and corral. The applicants now wish to construct a larger stable (912 sq.ft.) and
corral (1,536 sq.ft.) and locate them in the front setback. A portion of the proposed
stable is 28 feet from the garage, which according to the Health Department staff a
garage is not considered a dwelling or habitable area, and therefore a stable could be
located less than 35 feet from a garage.
Section 3. Records indicate that a Variance to construct a 120 square foot
stable in the front yard was granted by the City in 1965 and the stable was constructed
in 1966. There are no records of when the stable was demolished.
Section 4. The Planning Commission conducted duly noticed public
hearings to consider the request in Zoning Case No. 726 for Variances and Site Plan
Review on June 20, 2006 July 18, 2006, and at a field trip visit on July 18, 2006. The
applicants were notified of the hearings in writing by first class mail. Evidence was
heard and presented from all persons interested in said proposal. The Planning
Commission heard a report from the City staff and reviewed, analyzed and studied
the proposal. The applicants and the applicants' representative were in attendance at
the hearings.
Section 5. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
-1-
Resolution No. 2006-09
7 Outrider Road
• •
RESOLUTION NO. 2006-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN
REVIEW TO CONSTRUCT A STABLE THAT REQUIRES GRADING;
A VARIANCE TO LOCATE THE STABLE AND A PORTION OF
THE CORRAL IN THE FRONT SETBACK; A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE
LOT AND A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED TOTAL LOT COVERAGE IN ZONING CASE NO. 726
AT 7 OUTRIDER ROAD, (LOT 79-EF), (PEDEN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Steven Peden with
respect to real property located at 7 Outrider Road, (Lot 79-EF), Rolling Hills,
requesting a Site Plan Review for grading to construct a 912 square foot stable, a
Variance to construct the stable and portion of the corral in the front setback, a
Variance to exceed the maximum permitted disturbed area of the lot and a Variance to
exceed the maximum permitted total structural coverage of the lot at a property where
substantial addition and remodel of a single family residence was administratively
approved in 2005 and is currently under construction. Originally a loft was proposed
for the stable as well.
Section 2. For the recent approvals for the addition and spa the applicants
designated a 1000 square foot area to the east of the residence as suitable for future
stable and corral. The applicants now wish to construct a larger stable (912 sq.ft.) and
corral (1,536 sq.ft.) and locate them in the front setback. A portion of the proposed
stable is 28 feet from the garage, which according to the Health Department staff a
garage is not considered a dwelling or habitable area, and therefore a stable could be
located less than 35 feet from a garage.
Section 3. Records indicate that a Variance to construct a 120 square foot
stable in the front yard was granted by the City in 1965 and the stable was constructed
in 1966. There are no records of when the stable was demolished.
Section 4. The Planning Commission conducted duly noticed public
hearings to consider the request in Zoning Case No. 726 for Variances and Site Plan
Review on June 20, 2006 July 18, 2006, and at a field trip visit on July 18, 2006. The
applicants were notified of the hearings in writing by first class mail. Evidence was
heard and presented from all persons interested in said proposal. The Planning
Commission heard a report from the City staff and reviewed, analyzed and studied
the proposal. The applicants and the applicants' representative were in attendance at
the hearings.
Section 5. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
-1-
Resolution No. 2006-09
7 Outrider Road
• •
categorically exempt from environmental review under the California Environmental
Quality Act.
Section 6. Section 17.46.020(A)(1) requires a Site Plan Review for grading
projects requiring a grading permit. With respect to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
A. The proposed activity is compatible with the General Plan and the
Zoning Ordinance in that an equestrian use and activity is being proposed that will
preserve the distinctive rural residential character of the City. The Land Use Element
of the General Plan establishes the maintenance of strict grading practices to preserve
the community's natural terrain. The Building Code and the Zoning Ordinance
require a balanced cut and fill ratio and do not permit import or export of soil, except
under special circumstances applicable to a property or with a discretionary
permission by the Planning Commission. Due to the location of the existing
development and the topography of the lot in order to meet the requirement to built a
stable or corral, the grading is necessary.
B. The proposed activity preserves and integrates into the site design, to
the maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land -forms (such
as hillsides and knolls). Although minor grading activity is necessary to construct the
stable, the grading is proposed to follow the contours and the stable will be tucked
into the hillside. The development plan substantially preserves the natural and
undeveloped state of the lot, as the corral area will be left as open space, and enhances
it by additional landscaping, which is a requirement of the administratively approved
part of the development. Significant portions of the lot will be left undeveloped so as
to maintain open space on the property.
C. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the stable and corral will not adversely affect or be materially detrimental to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is least intrusive to surrounding properties,
will be screened and landscaped with trees and shrubs is a sufficient distance from
nearby residences and the street so that the proposed construction will not impact the
view or privacy of surrounding neighbors, and will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property
owners.
D. The proposed development is harmonious in scale and mass with the
site, the natural terrain and surrounding residences. The proposed project is consistent
with the scale of the neighborhood.
E. The development plan will be based upon compliance with the
conditions contained in this Resolution, supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the
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Resolution No. 2006-09
7 Outrider Road