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821, "Existing stable with loft are, Staff Reports6(4 al Ra Ilia, qc -di INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 6A Mtg. Date: 07-16-13 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: ZONING CASE NO. 821. CONSIDERATION OF A REQUEST FOR TIME EXTENSION SITE LOCATION: 5 HILLSIDE LANE (LOT 126-C-RH) ZONING AND SIZE: RA-S-1, 2.66 ACRES APPLICANT: ROBERT GAUDENTI REQUEST AND RECOMMENDATION 1. The applicant, Mr. Gaudenti, requests a six month time extension to complete the construction of a stable, which was approved by the Planning Commission at their June 26, 2012 meeting. 2. At the 6/26/12 meeting, the Planning Commission adopted Resolution No. 2012-11 approving a Conditional Use Permit to retain a partially constructed stable, so that construction towards completion of the structure may resume, and a Variance to allow the plate height of the loft to be higher than permitted. 3. One of the conditions of approval was that the construction of the stable be completed within one year of the effective date of the resolution. 4. The applicant has submitted a letter, which is enclosed, requesting six -months extension stating that he experienced delays from the RHCA Architectural Committee. 5. It is recommended that the Planning Commission review and adopt the attached resolution granting the applicant a six months extension to complete the project. ZC NO. 821, 5 Hillside Ln. 0 • s THIS PAGE INTENTIONALLY LEFT BLANK -® • • RESOLUTION NO. 2013-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO COMPLETE THE CONSTRUCTION OF A STABLE APPROVED IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE, (LOT 126-C- RH) (GAUDENTI). 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. Robert Gaudenti with respect to real property located at 5 Hillside requesting a six-month time extension to comply with the requirements of Resolution No. 2012-11 to complete the construction of a stable within one year of the effective date of the resolution. Section 2. The Commission considered this item at a meeting on July 16, 2013 at which time information was presented indicating that additional time is needed to complete the project. Section 3. Based upon information and evidence submitted, the Planning Commission grants a six month time extension and does hereby amend Paragraph A, Section 12 of Resolution No. 2012-11, dated June 26, 2012 to read as follows: A. The construction of the partially constructed stable shall be completed within eighteen months of the effective date of approval of this Resolution or it shall be demolished. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2012-11 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JULY 2013. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE DEPUTY CITY CLERK • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2013-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO COMPLETE THE CONSTRUCTION OF A STABLE APPROVED IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE, (LOT 126-C- RH) (GAUDENTI). was approved and adopted at a regular meeting of the Planning Commission on July 16, 2013 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 0-1 July 3, 2013 Yolanta Schwartz Planning Director City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, Ca 90274 Re: 5 Hillside Lane Barn Dear Yolanta, ROBERT GAUDENTI 5 HILLSIDE LANE ROLLING HILLS, CA 90274 RECEIVED JUL 052013 City of Rolling Hills By The planning commission approval of the barn construction stated that all work would be completed with in one year. At the time of approval, I obtained a new building permit and started work on the building. I then received a letter from the RH Community Association stating that the plans would need to be re submitted to them as well. I submitted the plans and after a field trip, we had to make changes to the previously approved design. I just received the letter of approval dated June 20, 2013. Due to the delays from the Architectural Committee approvals, we respectfully request a 6 month extension to complete this project. Should you have any questions, please do not hesitate to contact me at 310 833-1369. ly sus d, Robert Gaudenti LL� �•�� ] [ pp OLL'[I29 07 CComma/2A,, Ugiiociation of c�lango �aLos ' VEJtci£s. NO. 1 PORTUGUESE BEND RD. • ROLLING HILLS, CALIF. 90274 (310) 544-6222 ROLLING HILLS June 20, 2013 Robert Gaudenti 5 Hillside Lane Rolling Hills, CA 90274 Dear Mr. Gaudenti: • CALIFORNIA (310) 544-6766 FAX Below are the minutes from the June 18, 2013 meeting of the RHCA Architectural Committee relating to your submittal. ROBERT GAUDENTI Bryant Palmer Soto, Inc. 126 — C — RH 5 Hillside Lane Stable Permit 4296 The Committee reviewed the revised plans for the proposed modifications to a partially constructed stable. The Committee noted that all the requirements from the previous meeting were addressed and approved the revised plans as submitted. The decision of the Committee was unanimous. ** PLEASE NOTE that the Architectural Committee must approve all exterior details of the stable. This includes roofmg material, manufacturer and material of all windows and doors, stone sample, design and location of exterior lighting, hardscape, hardscape materials, type and placement of all landscape lighting, etc. It is recommended that Committee approval be obtained prior to making any purchases. Please submit details (photos, specifications, samples) for all these items as well as any other exterior elements that are changed or added. In addition to the approval of the above referenced exterior details, a landscape plan must be submitted and approved by the Landscape Committee prior to final inspection. The Landscape Committee meets on the fourth Wednesday of each month. *** This approval does not include City of Rolling Hills approval or Building and Safety approval. Please contact these agencies prior to construction. *** Please feel w ome to contact me with any questions regarding this letter. Sincerely, Kathryn Bishop Architectural Inspector & Administrator Enclosure CO. 4•Rotteftfqieed INCORPORATED JANIuARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA •90274 (310) 377-1521 FAX (310) 377-7288 Agenda'Item No: 4=A Mtg. Date: 07-09-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR t� THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION NO. 2012-11. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN A PREVIOUSLY APPROVED AND PARTIALLY CONSTRUCTED STABLE AND A VARIANCE TO RETAIN HIGHER THAN ALLOWED PLATE HEIGHT OF THE LOFT IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE (LOT 126-C-RH), ROLLING HILLS, CA, (GAUDENTI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). DATE: JULY 9, 2012 RECOMMENDATION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST AND PLANNING COMMISSION ACTION 2. The applicant, Mr. Gaudenti, requests a Conditional Use Permit to retain a partially constructed stable, so that construction towards completion of the structure may resume, and a Variance to allow the plate height of the loft to be higher than permitted. The first story of the stable is 1,800 square feet and the loft is 1,440 square feet, for a total of 3,240 square feet. The Tack Room is located on the loft floor and is 576 square feet or 17.8% of the size of the stable. The corral areas are at different levels; the contiguous corral/ turnout area is approximately 1,300 square feet and the lower corral is 2,000 square feet. • • The Planning Commission approved the project and adopted the enclosed Resolution, finding that the project is in substantial compliance with the previously .approved stable, and other than the plate height meets all of the requirements of the current zoning requirements for stables. The Vote was 4-0-1, with Chairman Pieper recused due • to proximity of his property to subject property. In addition to the standard conditions, the Planning Commission conditioned the project as follows: • Project to be completed within one year • The three rail fence. in the rear to be moved to 25' from property line • Building permits to be renewed and if deficiencies are found with the structure, they must be corrected • The temporary stables be removed BACKGROUND 3. This project is subject to the recently adopted stable ordinance, which requires that all stables over 200 square feet and corrals over 550 square feet be reviewed under the Conditional Use Permit process. A Variance is required due to the height of the loft, which is 7'6". • The permitted plate height. is 7 feet. No kitchenette or bathroom is proposed. The building and grading permits for this project have expired and the applicant is required to renew the permits, should he . wish to proceed. .In addition, :since the approval in 2004, the City's regulations have changed where a CUP is now required for Stables. 4. The property is developed with a 3,630 square foot residence, 600 square foot garage, 1,154 square foot swimming pool, 100 square foot pool equipment area and 600 square foot cabana. Access to the property. is taken through a driveway, which crosses the adjacent lot at 6 Hillside Lane. 5. Currently there are stables and corral structures located in the front of the property. They will be removed once the stable is completed. A condition to that effect is included in the Resolution of approval. 6: In 1990 the Planning .Commission granted a Site Plan Review for substantial reconstruction and addition to .the residence, but the project was. not constructed. 7. In March, 2000, the applicant 'submitted. a request to construct substantial additions to the residence for. a 7,252 .square foot house and 720 square foot garage, to construct a riding ring, cabana; stable and to relocate the then existing swimming pool and a spa. During the public hearing process, the applicant withdrew the request for the 'additions to the residence and garage and for the construction of the riding ring and stable: A 1,000 square foot area was reserved for a future stable and corral in the ZC NO. 821, • location of the current stable. In November 2000, the Planning Commission approved a 600 square foot cabana and a swimming pool/spa, which have been constructed. 8. In 2004 the applicant requested a Site Plan Review for the construction of 2,750 square feet -addition to the residence and 64 square feet to the existing garage, an 875 square foot basement, 767 square feet of covered porches. A request for 1,440 square foot stable with 988 square foot hayloft was also granted. Grading was approved for 945 cubic yards of cut and 945 cubic yards of fill of which 375 cubic yards of cut was for the stable. These structures were not constructed, except that the grading for stable was completed and construction of the stable commenced. Until recently, stables were approved over-the-counter, regardless of . size. If grading was required,:the grading was reviewed pursuant to Site Plan Review process. Only the footprint -of the stable was required to be provided, not the exact interior dimensions or the . size of the .loft. The RHCA controlled the plate heights, lofts and interior dimensions. 9. In 2009 an over-the-counter approval was granted to clear vegetations behind the stable to expose existing paths and to delineate the paths by replacing short rubble walls with not to exceed 3 feet high walls; to fill in some holes in the paths, as well as fill in irregularsurface on the paths; to re -grade small areas between the horse paths for a total grading of less than 2,000 square feet surface area. These activities did not trigger Site Plan Review and were approved administratively. This construction has been completed. 10. Records show that the original house and garage were built in 1954. An addition and porch enclosure were completed in 1964, and the house was re -roofed in 1994. MUNICIPAL CODE COMPLIANCE 11: The property is -zoned RAS-1, and the gross lot area is 2.66 acres. The net lot area is 99,978 square feet.. There are two building pads on the property. The residential building pad is 33,369 square feet and the stable building pad is.9,529 square feet. The building pad coverage on the 33,369 square foot residential building pad is 6,086 square feet or 18.2%, which includes the residence, garage, swimming pool/spa and cabana. The stable pad coverage is proposed at 18.9% (loft is not counted towards coverage). 12. The structural net lot coverage is 7,884 square feet or 7.9%, which includes all of. the "structures (20% permitted); and the total lot coverage including the structures and paved areas is 12,965 square feet or 13.0%, (35% permitted). 13. Disturbed area of the lot is 40% of the net lot area, which is the maximum permitted. 14. Pursuant to the 'zoning code requirements the following is applicable to this request. ZC NO..821 • I REQUIREMENTS Not less than 6'. wide roughened' access Stable, corral not to be located on slopes greater than 4:1' Notin front yard; not in side orfront setback. May encroach up to 25' into rear setback. Min. 25' from side setbacks. 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 Size to includethe entire footprint including loft, if any Minimum of 60% shall be maintained for agricultural uses Maximum of 40%:not to exceed 800 s.f. may be maintained for a tack room Tack room may have sanitary and kitchenette amenities Tack room may have glazed openings Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door Loft may be permitted. Loft plate height may not exceed 7' I Exterior area of stables may not to be paved Corral shall be fenced I 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 ZC NO; 821 PROPOSED Existing 10-12'wide access, previously approved -not paved. Conditions will be added that it remains partially not paved. Previously approvedand graded Located in rear area. The corral is less than 25 feet from side setback. Require that the fence be moved 25 :ft. from rear and side setbacks. Meets condition Building is proposed to look like a stable and be a working stable. Some storage is proposed. Concrete stall floors with mats fo: the horses. Shutters arid Dutch doors will 131 utilized. Ground floor-1,800 s.f.; loft-1,440 s.f. incl. 576 s.f. general storage; 576 s.f. tack rm; 288 s.f. farm equipment storage; and 1,800 s.f. ground level animal and agricultural uses. (Total 3,240 s.f.) Agricultural spaces, including loft storage & feed/hay comprise 2,664 or 82.2%. Tack room comprises 576 s.f. or 17.8% located on the upper loft area No kitchenette or bathroom is proposed Shutters are planned; may install windows in storage/tack room areas Condition. that comply. Shutters and doors maintain the appearance of a stable Loft partially constructed Loft plate height was approved at 7'6" and the applicant is requesting a Variance for "a. built'. The total height of the structure at its highest peak was approved at 22'4" Proposed dirt or D.G. - Condition of approval. Additional corral area is available below the stable building pad. Fence to be moved to 25' from side and rear property lines: I Existing access at less than 20% 1,300 s.f. corral/turnout contiguous to stable Applicant is not proposing any commercial uses orsleeping in the stable 15. It is required that the utility lines to the stable be placed underground. CONCLUSION 16. The Building and Safety ..Department will review the integrity of the existing structure and if deficient, the applicant will have to correct it. 17: - In response for justification of a Variance, the applicant's representative states that since the stable was .approved, and partially constructed, City's regulations have changed, where now the City regulates the plate height. The . plate height was previously regulated by the RHCA and was approved at 7'6". 18. Rolling Hills Community Association will review this project at a later date. 19. The project has been 'determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) 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 consistentwith 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 use 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. ZC NO. 821 • 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. 821 GAUDENTI STABLE: 3240 24' GENERAL STORAGE .576 -SF - 12' FARM EQUIP. 288 SF F TOTAL UPPER LOFT AREA: 1440 SF 60' ANIMAL AND AGRICULTURAL.. USES 1800 SF 24' TACK ROOM 576 SF, STAIRS TO 60' LOFT AREA GROUND. FLOOR AREA: 1800 SF WYNN ENGINEERING, INC. 27315. VALLEY CENTER ROAD, VALLEY CENTER,.. CA 92082 (760) 749-8722 (310) 306-9728 FAX (760) 749-9412. IWEI JOB NO. 12-043 GAUDENTI I 530-12 I [ICD[cQD VIM SCALE: 1" `1o' GRAPHIC SCALE 1/1G 0 10 20 ;NTIONALIN ETT TKIS VAG RESOLUTION NO. 2012-11 A RESOLUTION OF. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN A_ PREVIOUSLY APPROVED AND PARTIALLY CONSTRUCTED STABLE AND A VARIANCE TO RETAIN HIGHER THAN ALLOWED PLATE HEIGHT OF THE LOFT IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE (LOT 126-C-RH), ROLLING HILLS, CA, (GAUDENTI). THE 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 Robert Gaudenti with respect to real property located at 5 Hillside Lane, (Lot 126-C-RH) requesting a Conditional Use Permit, (CUP) to retain a partially completed stable consisting of 1,800 square foot main - story and a 1,400 square foot loft and a Variance to allow the loft height plate .to be retained at. 7.5 feet In 2004 the Planning Commission, with other discretionary approval for this property, approved the grading for the stable and the stable construction was administratively approved in 2006. Section 2. This project is subject to the recently adopted stable ordinance, which requires that all stables over 200 square feet and corrals over 550 square feet be reviewed under the Conditional Use Permit process. A Variance is required due to the height of the loft, which is 7'6". The permitted plate height is 7 feet. No kitchenette or bathroom is proposed. Section 3. The building and grading permits for this project have expired and the applicant is required to obtain new permits. In addition, since the approval in 2006, the City's regulations have changed where a CUP is now required for Stables. Section 4. The property is zoned RAS-1 and is developed with a 3,630 square foot residence, 600 square foot garage, 1,154 square foot swimming pool, 100 square foot pool equipment area and 600 square foot cabana. Access to the property is taken through a driveway, which crosses the adjacent lot at 6 Hillside Lane. Section 5. In 1990 the Planning Commission granted a Site Plan Review for substantial reconstruction and addition to the residence, but the project was not • constructed. In March, 2000, the applicant submitted a request to construct substantial • additions to the residence for a 7,252 square foot house and 720 square foot garage, to construct a riding ring, cabana; stable and to relocate the then existing swimming pool and a spa. During the public hearing process, the applicant withdrew the request for the additions to the residence and garage and for the construction of the riding ring and stable. A 1,000 square foot area was reserved for a future stable and corral in the location Reso. 2012-11 • 1 ZC 821 • of the current stable. In November 2000, the Planning Commission approved a 600 square foot cabana and "a swimming pool/spa, which have been constructed. Section6.. In 2004 the applicant requested a Site Plan Review fora substantial addition to the residence and grading,.for a 1,440 square foot stable with 988 square foot hayloft. Grading was approved for 945 cubic yards ofxut and 945 cubic yards of fill of which 375 cubic yards of cut was for ,the .stable: These structures were not constructed, except. that the grading for stable: was completed and construction of the stable commenced: Section 7. In 2009 an over-the-counter approval was granted to clear the slope of vegetations behind the stable pad to expose paths, and to delineate the paths by replacing short rubble walls with riot to exceed 3 feet high walls; to fill in some holes in the paths, as well as fill in irregular surface on the paths; to re -grade small areas between the horse paths. These activities did not trigger Site Plan Review and were approved administratively. Section 8, The Planning Commission conducted duly noticed public hearings on the subject application in the field. on June 19, 2012 and at a regular meeting on June 19, 2012. The applicant and his agent were notified of the public hearings in writing by first class mail and by email. 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 applicant and applicant's representative were in attendance at the hearings. Section 9. 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 10. Section 17.18.060 of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet in size, provided the Planning Commission. approves a Conditional Use Permit. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: -. A. The granting of a Conditional Use Permit forthe construction of the stable 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, except for the,plate heightof the loft, which was previously approved, but where the requirements have since changed, and the area is located in an area on the . property that is adequately sized to accommodate the stable and adjoining corral, and which was previously approved. The proposed structure is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters both on and off the project site. Reso.2012-11 ZC 821 B. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the stable and corral orientation is not towards 'neighbors and its general location is of sufficient distance from nearby residences so as to :not .impact the view or- privacy of surrounding neighbors. The partially completed stable is located on an already graded area, which was previously approved by the Planning Commission, therefore preserving the natural terrain of the, remaining of the property. 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 will not give the property an over -built look. The lot is sufficiently large to accommodate the proposed structure. The stable will bescreened from neighbors viewby trees that will be retained others_ that were recently planted. D. The proposed conditional use complies with all applicable development standards of the zone district and requires a Conditional Use Permit pursuant to Section 17.18 of the Zoning Ordinance, except that when the stable was approved the City had no requirements for plate heights of lofts. 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 Title 17 of the Zoning Code because a stable or an area for a stable is required and the structure is screened from adjacent properties and is not obtrusive to neighbors. In addition, the partially constructed structure will be inspected for building code violations and will be brought to .compliance with the construction codes to protect the health and safety of its users. Section 11:... 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 similarproperties 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 17.18.060E requires that the plate height of a loft not exceed 7'. The applicant requests that the as built loft, which has a 7'6" plate height be allowed to remain. With respect to this request for a Variance, the Planning Commission finds as follows: Reso. 2012-11 ZC 821 • • ... A. There are exceptional and extraordinarycircumstances and conditions applicable to this property that justify the request because: 1. The stable was approved under previous requirements, which permitted 7'6" plate height. The stable is over 65% completed meeting the requirements of the previous approval. 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 fact that the project was previously approved and it meets all applicable building standards, it would be a hardship to lower the walls to meet the current requirement for a 7' plate height. 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 the stable is: not visible from any adjacent property, was approved at the constructed height and does not affect any neighbor's views and therefore property value and is screened from the street. Several Pepper trees wee planted on the slopes, .therefore screening the stable from Portuguese Bend - Road. . D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that it is required by the Zoning Ordinance to set aside an area for a stable and corral in order to improve the property. or construct a stable. IN this case the stable construction commenced, but stopped after a while. In order to- continue the construction this approval has been requested. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the structure complies with the General Plan requirement of a. stable on a lot and with low profile, .low -density residential development with sufficient open space between surrounding structures. The partially completed construction is conditioned to be brought to compliance with building code, if required. Section 12. Based upon . the foregoing findings, the Planning Commission hereby approves Zoning Case No. ' 821 including a Conditional Use. Permit: for the stable and corrals and a Variance to retain the partially completed stable consisting of 1,800 square foot first level and 1,400 square foot loft to retain the 7.5'.loft plate height, subject to the following conditions: A. The construction of the partially constructed stable shall be completed within one year of the effective date of approval of this Resolution' or it `shall be demolished. Reso. 2012-11 ZC 821 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, 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 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 this permit, or shown: otherwise on an approved plan.- D. 1 At the sole expense of the applicant, the stable structural integrity and materials shall be approved by the Building and Safety Department and if found to be deficient of the LA County Building Code, they shall be modified and/ or repaired to meet the Building Code requirements, All required building permits shall be obtained for the construction and for any required remediation work. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 8, 2012 except as otherwise provided in these conditions. The Working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Variance and CUP approvals, herein as applicable, shall be • incorporated into the building permit working drawings. F. Prior to submittal of final working drawings to the Building and Safety Department for re -issuance of building permits, the plans for the project shall be submitted to Cityl staff for verification that the final plans are in compliance with the • plans approved by the Planning Commission and that the plans were approved by the RHCA Architectural Committee. G. • Structural lot coverage shall not exceed 7,884 square feet or 7.9% of the net lot area, in conformance with lot coverage limitations (20% maximum). H. The total lot coverage proposed, including structures and flatwork shall not exceed 12,965 square feet or 13.0%, of the net lot area, in conformance with lot coverage limitations (35% maximum). I. The disturbed area of the lot is at the maximum permitted at 40%. There shall be no additional grading for this project or the property, unless approved by a Variance; Reso. 2012-11 5 • ZC 821 • • J. The existing residential building pad is 33,369 square feet and has coverage of 18.2%. The stable pad is 9,529 square feet and will have coverage of 18.9%, (loft is not counted towards coverage). K. All temporary structures currently located on the 'property, including stalls and stables, shall be removed prior to obtaining a final inspection for this project. 'L. The lower corral fence shall be relocated to a minimum of 25 feet from the side and rear property: lines. M. Access to the stable and corrals shall not be . paved and must remain permeable. The coral areas and :the ,area adjacent to the loft shall also not be paved and must remain permeable. N. Glazed openings may be permitted in the tack room and storage areas of the stable. O. The property owners shall comply with all requirements, of the Lighting . Ordinance_ of .the -City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roof covering (RHMC 17:16.190), and all other requirements of the Zoning Ordinance. P. All utility lines to the stable shall be placed underground. Q. The stable structure to the maximum extent practicable shall be screened from Portuguese Bend Road. The selected trees at planting shall not be smaller than 24 inch box and be of type. that at maturity shall not cause view obstruction from other properties. The planting shall be completed before a final inspection is granted. R. The property owners shall comply with the requirements of the Zoning Ordinance :pertaining to Construction .. and Demolition permit requirement, for diversion of construction/demolition waste, if applicable.. S. Duringconstruction, 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. - T. During and after construction, all parking shall take place on theproject site and, if necessary, any overflow parking shall take place within nearby roadway easements. Reso. 2012-1 1 ZC821 6 • • U. 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, drainage and storm water management. V. The conditions of approval specified herein shall be printed on the construction plans submitted to the RHCA and buidling department for plan check and permitting. W. The applicant shallexecute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, orthe approval shall not be effective. X. 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, VI ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-11 ZC 821 THIS 26thDAY OF JUNE 2012. 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution,No. 2012-11 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT -TO RETAIN A PREVIOUSLY APPROVED AND PARTIALLY CONSTRUCTED STABLE AND A VARIANCE TO RETAIN HIGHER THAN ALLOWED PLATE HEIGHT OF THE LOFT IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE (LOT 126-C-RH), ROLLING HILLS, CA, (GAUDENTI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at regular meeting of the Planning Commission on June 26, 2012 by the following roll call vote: AYES: Commissioners Henke, Mirsch, Smith and Vice Chairman Chelf. NOES: None. ABSENT: Chairman Pieper (recused): ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices aA - /Uf HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-11 ZC 821 MEMORANDUM TO RECUSE TO: Honorable Chairman and Members of the Planning Commission FROM: Heidi Luce, Deputy City Clerk SUBJECT: Zoning Case No. 819 - 9 Portuguese Bend Road Zoning Case No. 821- 5 Hillside Lane DATE: June 26, 2012 Due to the proximity of his property to the subject properties, Chairman Pieper should recuse himself from consideration of Zoning Case No. 819 at 9 Portuguese Bend Road and Zoning Case No. 821 at 5 Hillside Lane. He may however, participate as a resident. • 1 erre/ el Rate" geted INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 4B Mtg. Date: 06-26-12 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 821. CONSIDERATION OF A RESOLUTION OF APPROVAL. SITE LOCATION: 5 HILLSIDE LANE ZONING AND SIZE: RA-S-1, 2.66 ACRES APPLICANT: ROBERT GAUDENTI REPRESENTATIVE: GARY WYNN, WYNN ENGINEERING. PUBLISHED: JUNE 7, 2012 REOUEST AND RECOMMENDATION 1. The applicant, Mr. Gaudenti, requests a Conditional Use Permit to retain a partially constructed stable, so that construction towards completion of the structure may resume, and a Variance to allow the plate height of the loft to be higher than permitted. The first story of the stable is 1,800 square feet and the loft is 1,440 square feet, for a total of 3,240, square feet. The Tack Room is located on the loft floor and is 576 square feet or 17.8% of the size of the stable. The corral areas are at different levels; the contiguous corral/turnout area to the stable is approximately 1,300 square feet and the lower corral is 2,000 square feet. 2. At the June 19, 2012 public hearing the Planning. Commission directed staff to prepare a resolution of approval in this case. Attached is. a Resolution with standard findings and facts, including: • the project be completed within one year of approval • all building permits to be renewed and necessary inspections obtained • the rear three rail fence to be moved - 25' from side property line • the temporary stables/corral areas to be removed 3. It is recommended that the Planning Commission review and adopt the attached resolution. ZC NO. 821, 5 Hillside Ln. ti ONALLY LEFT BLANK THIS PAGE I� RESOLUTION NO. 2012-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN A PREVIOUSLY APPROVED AND PARTIALLY CONSTRUCTED STABLE AND A VARIANCE TO RETAIN HIGHER THAN ALLOWED PLATE HEIGHT OF THE LOFT IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE (LOT 126-C-RH), ROLLING HILLS, CA, (GAUDENTI). THE 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 Robert Gaudenti with respect to real property located at 5 Hillside Lane, (Lot 126-C-RH) requesting a Conditional Use Permit (CUP) to retain a partially completed stable consisting of 1,800 square foot main story and a 1,400 square foot loft and a Variance to allow the loft height plate to be retained . at 7.5 feet. In 2004 the Planning Commission, with other, discretionary approval for this property, approved the grading for the stable and the stable construction was administratively approved in 2006. Section 2. This project is subject to the recently adopted stable ordinance, which requires that all stables over 200 square feet and corrals over 550 square feet be reviewed under the Conditional Use Permit process. A Variance is required due to the height of the loft, which is 7'6". The permitted plate height is 7 feet. No kitchenette or bathroom is proposed. Section 3. The building and grading permits for this project have expired and the applicant is required to obtain new permits. In addition, since the approval in 2006, the City's regulations have changed where a CUP is now required for stables. Section 4. The property is zoned RAS-1 and is developed with a 3,630 square foot residence, 600 square foot garage, 1,154 square foot swimming pool, 100 square foot pool equipment area and 600 square foot cabana. Access to the property is taken through a driveway, which crosses the adjacent lot at 6 Hillside Lane. Section 5. In 1990 the Planning Commission granted a Site Plan Review for substantial reconstruction and addition to the •residence, but the project was not constructed. In March, 2000, the applicant submitteda request to construct substantial additions to the residence for a 7,252 square foot house and 720 square foot garage, to construct a riding ring, cabana, stable and to relocate the then existing swimming pool and a spa. During the public hearing process, the applicant withdrew the request for the additions to the residence and garage and for the construction of the riding ring and stable. A 1,000 square foot area was reserved for a future stable and corral in the location Reso. 2012-11 ZC 821 • r • of the current stable. In November 2000, the Planning Commission approved a 600 square foot cabana and a swimming pool/spa, which have been constructed. Section 6. In 2004 the applicant requested a Site Plan Review for a substantial addition to the residence and grading for a 1,440 square foot stable with 988 square foot hayloft. Grading was approved for 945 cubic yards of cut and 945 cubic yards of fill of which 375 cubic yards of cut was for the stable. These structures were not constructed, except that the grading for stable was; completed and construction of the stable commenced. Section 7. In 2009 an over-the-counter approval was granted to clear the slope of vegetations behind the stable pad to expose paths and to delineate the paths by replacing short rubble walls with not to exceed 3 feet high walls; to fill in some holes in the paths, as well as fill in irregular surface on the paths; to re -grade small areas between the horse paths. These activities did not trigger Site Plan Review and were approved administratively. Section 8. The Planning Commission conducted duly noticed public hearings on the subject application in the field on June 19, 2012 and at a regular meeting on June 19, 2012. The applicant and his agent were notified of the public hearings in writing by first class mail and by email. 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 applicant and applicant's representative were in attendance at the hearings. Section 9. 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 10. Section 17.18.060 of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet in size, provided the Planning Commission approves a Conditional Use Permit. 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 construction of the stable 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, except for the plate height of the loft, which was previously approved, but where the requirements have since changed, and the area is located . in an area on the property that is adequately sized to accommodate the stable and adjoining corral, and which was previously approved. The proposed structure is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters both on and off the project site. Reso. 2012-11 ZC 821 2 1�J 4 • • B. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the stable and corral orientation is not towards neighbors and its general, location is of sufficient distance from nearby residences so as to not impact the view or -privacy of surrounding neighbors. The partially completed stable is located on an already graded area, which was previously approved by the Planning Commission, therefore preserving the natural terrain of the remaining of the property. 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 will not give the property an over -built look. The lot is sufficiently large to accommodate the proposed structure. The stable will be screened from neighbors view by trees that will be retained others that were recently planted. D. The proposed conditional use • complies with all applicable development standards of the zone district and requires a Conditional Use Permit pursuant to Section 17.18 of the Zoning Ordinance, except that when the stable was approved the City had no requirements for plate heights of lofts. 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 Title 17 of the Zoning Code because a stable or an area for a stable is required and the structure is screened from adjacent properties : and is not obtrusive to neighbors. In addition, . the partially constructed structure will be inspected for building code violations and will be brought to compliance with the construction codes to protect the health and safety of its users. Section 11. 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 17.18.060E requires that the plate height of aloft not exceed 7'. The applicant requests that the as built loft, which has a 7'6" plate height be allowed to remain. With respect to this request for a Variance, the Planning Commission finds as follows: Reso. 2012-11 ZC 821 3 A. There are exceptional and extraordinary circumstances and conditions applicable to this property that justify the request because: 1. The stable was approved under previous requirements, which permitted 7'6" plate height. The stable is over 65% completed meeting the requirements of the previous approval. 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 fact that the project was previously approved and it meets all applicable building standards, it would be a hardship to lower the walls to meet the current requirement for a 7' plate height. 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 the stable is not visible from any adjacent property, was approved at the constructed . height and does not affect any neighbor's views and therefore property value and is screened from the street. Several Pepper trees wee planted on the slopes, therefore screening the stable from Portuguese Bend Road. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that it is required by the Zoning Ordinance to set aside an area for a stable and corral in order to improve the property or construct a stable. IN this case the stable construction commenced, but stopped after a while. In order to continue the construction this approval has been requested. E. The Variance request is consistent with the General Plan, of the City of Rolling Hills because the structure complies with the General Plan requirement of a stable on .a lot and with low profile, low -density residential development with sufficient open space between surrounding structures. The partially completed construction is conditioned to be brought to compliance with building code, if required. Section 12. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 821 including a Conditional Use Permit for the stable and corrals and a Variance to retain the partially completed stable consisting of 1,800 square foot first level and 1,400 square foot loft to retain the 7.5' loft plate height, subject to the following conditions: A. The construction of the partially constructed stable shall be completed within one year of the effective date of approval of this Resolution or it shall be demolished. Reso. 2012-11 ZC 821 • • 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, 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 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 this permit, or shown otherwise on an approved plan. D. At the sole expense of the applicant, the stable structural integrity and materials shall be approved by the Building and Safety Department and if found to be deficient of the LA County Building Code, they shallbe modified and/or repaired to meet the Building Code requirements. All required building permits shall be obtained for the construction and for any required remediation work. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 8, 2012 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Variance and CUP approvals, herein as applicable, shall be incorporated into the building permit working drawings. F. Prior to submittal of final working drawings to the Building and Safety Department for re -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 plans were approved by the RHCA Architectural Committee. G. Structural lot coverage shall not exceed 7,884 square feet or 7.9% of .the net lot area, in conformance with lot coverage limitations (20% maximum). H. The total lot coverage proposed, includingstructures and flatwork shall not exceed 12,965 square feet or 13.0%, of the net lot area, inconformance with lot coverage limitations (35% maximum). I. Thedisturbed area of the lot is at the maximum permitted at 40%. There shall be no additional grading for this project or the property, unless approved by a Variance. Reso. 2012-11 ZC 821 5 • • J. The existing residential building pad is 33,369 square feet and has coverage of 18.2%. The stable pad is 9,529 square feet and will have coverage of 18.9%, (loft is not counted towards coverage). K. All temporary structures currently located on the property, including stalls and stables, shall be removed prior to obtaining a final inspection for this project. L. The lower corral fence shall be relocated to a minimum of 25 feet from the side and rear property lines. M. Access to the stable and corrals shall . not be paved and must remain permeable. The coral areas and the area adjacent to the loft shall also not be paved and must remain permeable. N. Glazed openings may be permitted in the tack room and storage areas of the stable. O. The property owners shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roof covering (RHMC 17.16.190), and all other requirements of the Zoning Ordinance. P. All utility lines to the stable shall be placed underground. Q. The stable structure to the maximum extent practicable shall be screened from Portuguese Bend Road. The selected trees at planting shall not be smaller than 24 inch box and be of type that at maturity shall not cause view obstruction from other properties. The planting shall be completed before a final inspection is granted. R. The property owners shall comply with the requirements of the Zoning Ordinance pertaining to Construction and Demolition permit requirement for diversion of construction/demolition waste, if applicable. S. 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. T. 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. Reso. 2012-11 ZC 821 • U. 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, drainage and storm water management. V. The conditions of approval specified herein shall be printed on the construction plans submitted to the RHCA and buidling department for plan check and permitting. W. The applicant shall execute an Affidavit of Acceptance ofall conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. X. 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 DAY OF 2012. VICE CHAIRMAN BRAD CHELF ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-11 ZC 821 r r STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2012-11 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT .TO RETAIN A PREVIOUSLY APPROVED AND PARTIALLY CONSTRUCTED STABLE AND A VARIANCE TO RETAIN HIGHER THAN ALLOWED PLATE HEIGHT OF THE LOFT IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE (LOT 126-C-RH), ROLLING HILLS, CA, (GAUDENTI). THE PROJECT HAS BEEN DETERMINED TO. BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at. regular meeting of the Planning Commission on , 2012 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. 2012-11 ZC 821 8 MEMORANDUM TO RECUSE TO: Honorable Chairman and Members of the Planning Commission FROM: Heidi Luce, Deputy City Clerk SUBJECT: Zoning Case No. 821 5 Hillside Lane DATE: June 19, 2012 Due to the proximity of his property to the subject property, Chairman Pieper should recuse himself from consideration of Zoning Case No. 821 at 5 Hillside Lane. He may however, take a seat in the audience and participate as a resident. ecrey Roeti, ger& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 4D -field trip Mtg. Date: 06-19-12 TO: HONORABLE CHAIRPERSON AND. MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 821 5 HILLSIDE LANE RA-S-1, 2.66 ACRES ROBERT GAUDENTI GARY WYNN, WYNN ENGINEERING JUNE 7, 2012 REQUEST AND RECOMMENDATION 1. The applicant, Mr. Gaudenti, requests a Conditional Use Permit to retain a partially constructed stable, so that construction towards completion of the structure may resume, and a Variance to allow the plate height of the loft to be higher than permitted. The first story of the stable is 1,800 square feet and the loft is 1,440 square feet, for a total of 3,240 square feet. The Tack Room is located on the loft floor and is 576 square feet or 17.8% of the size of the stable. The corral areas are at different levels; the contiguous corral/turnout area to the stable is approximately 1,300 square feet and the lower corral is 2,000 square feet. 2. It is recommended that the Planning Commission, review the staff report, view the project in the field, take public testimony and provide direction to staff. BACKGROUND 3. This project is subject to the recently adopted stable ordinance, which requires that all stables over 200 square feet and corrals over 550 square feet be reviewed under the Conditional Use Permit process. A Variance is required due to the height of the loft, which is . 7'6". The permitted plate height is 7 feet. No kitchenette or bathroom is proposed. ZC NO. 821, 5 Hillside Ln. • • The building and grading permits for this project have expired and the applicant is required to renew the permits, should he wish to proceed. In addition, since the approval in 2004, the City's regulations have changed where a CUP is now required for stables. 4. The property is developed with a 3,630 square foot residence, 600 square foot garage, 1,154 square foot swimming pool, 100 square foot pool equipment area and 600 square foot cabana. Access to the property is taken through a driveway, which crosses the adjacent lot at 6 Hillside Lane. 5. Currently there are stables and corral structures located in the front of the property. They are temporary in nature to house the horses while the stable is being built. Those structures were not approved, and will be demolished. once the stable is completed. If this project is approved, a condition to that effect should be included in the Resolution of approval. 6. In 1990 the Planning Commission granted a Site Plan Review for substantial reconstruction and addition to the residence, but the project was not constructed. 7. In March, 2000, the applicant submitted a request to construct substantial additions to the residence for a 7,252 square foot house and 720 square foot garage, to construct a riding ring, cabana, stable and to relocate the then existing swimming pool and a spa. During the public hearing process, the applicant withdrew the request for the additions to the residence and garage and for the construction of the riding ring and stable. A 1,000 square foot area was reserved for a future stable and corral in the location of the current stable. In November 2000, the Planning Commission approved a 600 square foot cabana and a swimming pool/spa, which have been constructed. 8. In 2004 the. applicant requested a Site Plan Review for the construction of 2,750 square feet addition to the residence and 64 square feet to the existing garage, an 875 square foot basement, 767 square feet of covered porches. A request for a 1,440 square foot stable with 988 square foot hayloft was also granted. Grading was approved for 945 cubic yards of cut and 945 cubic yards of fill of which 375 cubic yards of cut was for the stable. These structures were not constructed, except that the grading for stable was completed and construction of the stable commenced. Until recently, stables were approved over-the-counter, regardless of size. If grading was required, the grading was reviewed pursuant to Site Plan Review process. Only the footprint of the stable was required to be provided, not the exact interior dimensions or the size of the loft. The RHCA controlled the plate heights, lofts and other dimensions. 9. In 2009 an over-the-counter approval was granted to clear vegetations behind the stable to expose existing paths and to delineate the paths by replacing short rubble walls with not to exceed 3 feet high walls; to fill in some holes in the paths, as well as fill in irregular surface on the paths; to re -grade small areas between the horse paths for a total grading of less than 2,000 square feet surface area. These activities did not trigger Site Plan Review and were approved administratively. This construction has been completed. ZC NO. 8215 Hillside Ln. • • 10. Records show that the original house and garage were built in 1954. An addition and porch enclosure were completed in 1964, and the house was re -roofed in 1994. MUNICIPAL CODE COMPLIANCE 11. The property is zoned RAS-1, and the gross lot area is 2.66 acres. The net lot area is 99,978 square feet. There are two building pads on the property. The residential building pad is 33,369 square feet and the stable building pad is 9,529 square feet. The building pad coverage on the 33,369 square foot residential building pad is 6,086 square feet or 18.2%, which includes the residence, garage, swimming pool/ spa and cabana. The stable pad coverage is proposed at 18.9% (loft is not counted towards coverage). 12. The structural net lot coverage is 7,884 square feet or 7.9%, which includes all of the structures (20% permitted); and the total lot coverage including the structures and .paved areas is 12,965 square feet or 13.0%, (35% permitted). 13. Disturbed area of the lot is 40% of the net lot area, which is the maximum permitted. 14. Pursuant to the zoning code requirements the following is applicable to this request: REOUIREMENTS PROPOSED Not less than 6' wide roughened access Stable, corral not to be located on slopes greater than 4:1 Not in front yard; not in side or front setback. May encroach up to 25' into rear setback. Min. 25' from side setbacks. 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 Size to include the entire footprint including loft, if any Minimum of 60% shall be maintained for agricultural uses Maximum, of 40% not to exceed 800 s.f. may be maintained for a tack room Tack room may have sanitary and kitchen ZC NO. 821 5 Hillside Ln. Existing 10-12'wide access, previously approved -not paved. Conditions will be added that it remains partially not paved. Previously approved and graded Located in rear area. The corral is less than 25 feet from side setback. Require that the fence be moved 25 ft. from rear and side setbacks. Meets condition Building is proposed to look like a stable and be a working stable. Some storage is proposed. Concrete stall floors are proposed. Shutters and Dutch doors will be utilized. Ground floor-1,800 s.f.; loft-1,440 s.f. incl. 576 s.f. general storage; 576 s.f. tack rm; 288 s.f. farm equipment storage; and 1,800 s.f. ground level animal and agricultural uses. (Total 3,240 s.f.) Agricultural spaces, including loft storage & feed/hay comprise 2,664 or 82.2%. Tack room comprises 576 s.f. or 17.8% located on the upper loft area No kitchen or bathroom is proposed amenities Tack room may have glazed openings Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door Loft may be permitted Loft plate height may not exceed 7' Exterior area of stables may not to be paved 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 Shutters are planned; may install window in storage / tack room areas Condition that comply. Shutters and door; maintain the appearance of a stable Loft partially constructed Loft plate height was approved at 7'6" anc the applicant is requesting a Variance for "as built". The total height of the structure at its highest peak was approved at 22'4" Proposed dirt or D.G. Condition of approval. Additional corral area is available below the stable building pad. Fence to be moved to 25' from side and rear property lines. Existing access at less than 20% 1,300 s.f. corral/turnout contiguous to stable Applicant is not proposing any commercial uses or sleeping in the stable 15. It will be required that the utility lines to the stable be placed underground. CONCLUSION 16. Prior to obtaining building permits, the Building and Safety Department will require analysis of the "as built" structure to determine if it can remain and if the exposed wood of the partially constructed structure is structurally sound. The applicant's engineer stated, that from observation, the majority of the wood could be retained. 17. In response for justification of a Variance, the applicant's representative states that since the stable was approved, and partially constructed, City's regulations have changed, where now the City regulates the plate height. The plate height was previously regulated by the RHCA and was approved at 7'6". 18. Rolling Hills Community Association will review this project at a later date. 19. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO. 8215 Hillside Ln. • • 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 use 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 consistentwith 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. 8215 Hillside Ln. 0 GAUDENTI STABLE: 3240 SF TOTAL 60' 24' 12' GENERAL STORAGE 576 SF FARM EQUIP. 288 SF UPPER LOFT AREA: 1440 SF 60' ANIMAL AND AGRICULTURAL USES 1800 SF 60' 24' TACK ROOM 576 SF STAIRS TO LOFT AREA GROUND FLOOR AREA: 1800 SF WYNN ENGINEERING, INC. 27315 VALLEY CENTER ROAD, VALLEY CENTER, CA 92082 (760) 749-8722 (310) 306-9728 FAX (760) 749-9412 IWEI JOB NO. 12-043 CAUDENTI I. 5-30-12 I 0 ROOGyijw SCALE:T GRAPHIC SCALE 0 10 0 20