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848, Construct new stable, corrall,, Resolutions & Approval ConditionsRESOLUTION NO. 2014-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 848 AT 9 CHUCKWAGON ROAD, (LOT 3-CRB), (COOLEY). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Steve Cooley with respect to real property located at 9 Chuckwagon Road (Lot 3-CRB), Rolling Hills, CA requesting a Conditional Use Permit to construct a 1,296 square foot stable with 792 square foot loft to be used as a tack room and 1,000 square foot corral; a Site Plan Review for grading of total of 1,500 cubic yards of dirt and a Variance to exceed the maximum permitted disturbance of the lot. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on November 19, 2013 and December 17, 2013 and at a field trip visit on December 17, 2013. The applicants and neighbors were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives and a couple of neighbors were in attendance at the hearings. The neighbor at 7 Chuckwagon spoke in opposition to the project. Section 3. The property is zoned RAS-1 and consists of 1.33 acres gross in area. The net lot area for construction purposes, as measured by the City, is 45,550 square feet or 1.04 acres. The lot is narrow and long. The property is currently developed with a 2,350 square foot new residence with 622 square foot garage. Section 4. The Planning Commission finds that the project qualifies as Class 3 exemption from environmental review under the California Environmental Quality Act. Section 5. Section 17.18 of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet and a corral over 550 square feet, 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: Reso. 2014-01 9 Chuckwagon 1 • • A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The Commission must consider applications for conditional use permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. B. The granting of a Conditional Use Permit for the construction of the stable and corral 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 and corral, and the area is located in an area on the property that is adequately sized to accommodate the stable and adjoining corral. The proposed structure is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. C. 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 proposed 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 proposed stable and corral are to be located largely on an already graded area, therefore preserving the natural terrain of the remaining of the property. D. 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, and the corral area will remain open and unobstructed. The lot is 1.04 acres net in size and is sufficiently large to accommodate the proposed structure. E. 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. F. 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. Section 6. 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. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40.0% of the net lot area. The applicant seeks a Reso. 2014-01 2 9 Chuckwagon • • variance from this requirement because the proposed disturbance will be 50.0%. 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 this property that do not apply generally to the other properties in the same zone. The property is unique in that a portion of the rear pad was created in the past but not constructed upon. The lot is narrow having 134 feet frontage along Chuckwagon Road and tapering to 90 feet in the rear. The house is located in the front and the only area to place a stable and corral is in the rear and below the residence together with the access road, and therefore grading is required. The additional disturbance is minimal and is to create a use that is strongly encouraged in the City and access thereto from the street. 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 the property in question absent a variance. Many of the homes in the area are developed with stables and other accessory uses, and the area proposed for grading, a portion of which is already relatively flat, is conducive to such development, as there is no other area on the lot where a stable may be located with less grading and disturbance. 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. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The additional graded area is on a portion of the lot which is not intrusive to surrounding properties, and will be screened and landscaped with trees and shrubs from nearby residences and from the street so that the graded condition 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. In granting the variance, the spirit and intent of 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. E. 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 where the lots have been previously graded and which exceed the maximum permitted disturbance. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. Reso. 2014-01 9 Chuckwagon 3 • • F. 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. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any building or structure may be constructed. With respect to the Site Plan Review application for the grading for access to the stable and corral, the Planning Commission finds as follows: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The development conforms to Zoning Code setbacks and lot coverage requirements, except for the disturbed area. The proposed project is screened from the road so as to reduce the visual impact of the development. Although the disturbed are will exceed the maximum permitted, it is required for the stable, which is a requirement of the City that every lot be developed with a stable and corral or an area set aside for a future stable and corral be provided. The area selected for construction of the stable and corral is an area previously set aside for a future stable and corral. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. The applicant is utilizing an area of the lot that was partially graded previously. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The structure will be screened. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure 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 of sufficient distance from nearby residences and will substantially utilize the existing relatively flat area for the new construction. C. The proposed activity is compatible with the General Plan and the Zoning Ordinance. 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 and with a discretionary permission by the Planning Commission. The project conforms to the grading requirements and Zoning Code setbacks. D. The proposed development, as conditioned, is harmonious in scale and Reso. 2014-01 9 Chuckwagon 4 mass with the site, the natural terrain and surrounding residences. The lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood and will substantially utilize the existing relatively flat area for the new construction. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize a narrow, new driveway approach that will not be entirely paved. F. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 8. Based upon the foregoing findings in Section 5, 6 and 7, the Planning Commission hereby approves Zoning Case No. 848 a Conditional Use Permit for a stable with a loft and corral, a Site Plan for grading and a Variance to exceed the maximum permitted disturbance of the lot, subject to the following conditions: A. The Conditional Use Permit, Site Plan and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.38.070 17.46.080 and 17.42.070, unless otherwise extended pursuant to the requirements of these sections. 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 of the City of Rolling Hills, including specifically Chapter 17.18 of 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. The loft area of the structure may be used as a tack room, pursuant to Section 17.18.060 of the Zoning Ordinance, but may not exceed 792 square feet. Only one bathroom is permitted in a stable structure. E. The stable uses and interior and exterior design are subject to the requirements of Section 17.18.060 of the Zoning Ordinance. The surface of the corral, paddock and areas adjacent to the agricultural portion of the stable shall remain permeable at all times, and may not be paved. Reso. 2014-01 9 Chuckwagon 5 • • F. The conditions of approval specified herein shall be printed on the construction plans submitted to the buidling department for plan check and permitting and shall be available at all time at the construction site. G. The lot shall be developed and maintained in substantial conformance with the site plan on file dated November 13, 2013 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 Site Plan, Variance and CUP approvals, herein as applicable, shall be incorporated into the building permit working drawings and complied with prior to issuance of a building permit from the building department. H. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. I. Structural lot coverage of the lot shall not exceed 5,439 square feet or 12.0% of the net lot area, in conformance with lot coverage limitations (20% maximum). The size of the structure (1,296 sq.ft.) shall be measured from the exterior surface of the outside walls. J. The total lot coverage proposed, including structures and flatwork, shall not exceed 8,243 square feet or 18.1%, of the net lot area, in conformance with lot coverage limitations (35% max). K. Grading for this project shall not exceed 1,500 cubic yards total (cut and fill), and shall be balanced on site. The total disturbance of the lot shall not exceed 50% as approved herein by this Variance. L. The stable building pad is 4,168 square feet and the coverage on this pad shall not exceed 31.1%. M. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), and roof covering (RHMC 17.16.190), as well as all other development standards. Reso. 2014-01 9 Chuckwagon 6 • • N. All utility lines to the stable shall be placed underground. O. A drainage plan, if required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to County Code requirements. P. All graded areas shall be landscaped with ground cover. A landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements. Trees and shrubs shall be planted to screen the project from the neighbors, and especially along the south side of the stable. However, the landscaping shall not form a hedge like screen but be offset. The height of the trees and shrubs shall not at any time exceed the ridgeline of the roof of the stable structure. Q. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences including construction fences, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. R. 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. 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, but not block any driveways. 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 drainage facilities management and the Low Impact Development Ordinance (LID), of the City of Rolling Hills. The stable bathroom facility shall be connected to a septic system. V. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. W. 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. Reso. 2014-01 7 9 Chuckwagon • • PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JANUARY 2014. Vid RAD CI ELF CHAI ]VIAN ATTEST: HEIDI LUCE, CITY CLERK Reso. 2014-01 9 Chuckwagon 8 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2014-01 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND SITE. PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A STABLE WITH CORRAL AND GRANTING 'A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 848 AT 9 CHUCKWAGON ROAD, (LOT 3-CRB), (COOLEY). 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 January 21, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Mirsch, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE, CITY CLERK Reso. 2014-01 9 Chuckwagon 9