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848, Construct new stable, corrall,, Staff Reports64 al Raiiewo qeeij INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4A Mtg. Date: 2/10/14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR r-V THROUGH: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: 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). REQUEST AND PLANNING COMMISSION ACTION 1. it is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants, Mr. and Mrs. Steven Cooley, request a Conditional Use Permit to construct a two-story stable consisting of a 1,296 square foot first story and a 792 square foot loft above with 1,000 square foot corral and a Site Plan Review for a total of 1,500 cubic yards of grading, which will be balanced on site and a 5' high retaining wall along southern stable pad area. A Variance is requested to exceed the maximum permitted disturbance on the lot by 10%. Access to the stable will be taken from Chuckwagon Road and around the residence. Several not to exceed 3' high retaining walls are also proposed for the access, which do not require discretionary approval. The walls will average out to less than 2.5' in height. 3. The Planning Commission approved the project and adopted the enclosed Resolution, finding that the project is compatible with the area and location, as several properties along Chuckwagon utilize their lots in a similar manner; that the stable is not • obtrusive or massive; that the project would not cause the lot to be overbuilt; and that the applicants further the goal of the City for the provision of equestrian facilities. Attached is a Resolution with standard findings and facts, including: • That the stable be screened from adjacent properties and graded areas be landscaped • If trees or shrubs are planted, their height shall not at any time exceed the ridgeline of the roof of the stable structure • The loft may be used as a tack room, but may not be larger than 792 square feet and only one bathroom is permitted BACKGROUND 4. The property is zoned RAS-1 and consists of 1.33 acres. The net lot area of the lot for construction purposes is 45,550 square feet, 1.04 acres. The property is accessed from Chuckwagon Road. 5. The property is developed with a 2,350 square foot single family residence with 622 square foot garage, covered porches and trellis. In 2011 an administrative approval was granted for addition and major remodel of the residence. 6. The stable and corral will be located below the residential building pad, in an area previously set aside for said use and a portion of which is already flat and suitable for the construction of a stable and corral. 7. Adjacent property owner at 7 Chuckwagon participated in the Planning Commission pulic hearing process and expressed concerns regarding the size, location, geology of the area and questioned the intended use of the structure. A property owner to the rear of subject property, at 31 Eastfield, testified in support of the project. 8. The Planning Commission viewed the proposed project from a property on 31 Eastfiled (across the canyon) and noticed that many of the proeprties along Chuckwagon Road are narrow, but long, and property owners utilize their lots in a similar manner, with the residence on an upper building pad and accssory structures on lower a pad. MUNICIPAL CODE COMPLIANCE 9. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be two-story, and will consist of 4 stalls, feed area, equipment storage area with a center isle. The 792 square foot loft is proposed to be used as tack room and will contain a bathroom. The corral is proposed to be 1,000 square feet. Pursuant to the zoning code requirements the following is applicable to this request: ZC NO. 848 REQUIREMETNS Not less than 6' wide roughened access. Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure. Building to be designed for rural and agricultura 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 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'. 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. PROPOSED Proposed 10-14' wide access. Will not be entirely paved. Grading is required; consisting of 750 c.y. cut and 750 c.y. fill , including for the access Stable and corral comply. Over 100' to residential structure -on subject property & 86' to closest neighbor's house. Building is proposed to look like a stable and be used for a stable. 2,088 sq.ft. total; 1296 sq.ft. first story - agricultural use and 792 sq.ft. loft -tack room use. Agricultural spaces, including feed and center isle will be 62.06%. Tack room comprises 792 sq.ft. or 38 % of thl structure. Shower and bathroom proposed. Kitchenette is proposed. Windows in tack room. Condition of approval. 792 sq.ft. loft. Complies. Proposed gravel or D.G. Proposed fenced corral. Access proposed bt. 14% and 25% grade. 1,000 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable. 10. The net lot area of the lot is 45,550 square feet. The structural lot coverage proposed is 5,439 square feet or 12.0% of the net lot area, which includes all of the structures- (20% maximum permitted). The total lot coverage proposed, including structures and flatwork is proposed to be 8,243 square feet or 18.1 % of the net lot area, (35% maximum permitted). 11. The residential building pad is 6,055 square feet. Coverage on this pad will remain at 59.6%. The proposed stable pad will be 4,168 square feet and will have coverage of 31.1%, which exceeds the guideline by 1.1%. ZC NO. 848 • • 12. The applicants request a variance from the requirements of 40% maximum disturbance of the lot. The proposed disturbance will be 50% of the lot and includes the grading for the access road to the stable. Currently 34% of the lot is disturbed. The disturbance is necessary to construct the stable and contiguous corral. Pursuant to a recently adopted ordinance a 50% disturbance would be allowed if the applicant was able to create at least half of the slopes at 3:1 gradient or less. According to the civil engineer it is not possible to create 3:1 slopes, as "it would be no way to catch the slope. The grading would result in a much larger disturbed area and still not be within the allowable disturbance". 13. Drainage from the stable will be discharged towards the rear of the property as the lot slopes downwards in an easterly direction. 14. Several retaining walls ranging from less than 2' to 5' in height are proposed along the access to the stable, which will averge out to 2.5' in height. An outside staircase from the tack room (loft) to the agricultural area is proposed. 15. In response for justification for the Variance request to exceed the disturbed area, the applicants' representative state that the proposed project consists of a stable and corral, which are encouraged in Rolling Hills. Due to the steepness of the lot it is impossible to not to go over the disturbed area, otherwise high walls would be required on the lower side. The representative further state that their thought was that it would be more desirable and aesthetically pleasing to have a slope which can be vegetated instead of looking up at a wall from the trail below. The applicants will utilize to maximum extent practicable the already existing flat area in the rear of the house where the stable is proposed. 16. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 17. When reviewing a development application the Planning Commission and City Council considers whether the proposed project meets the criteria for CUP, Site Plan Review and Variance of the Zoning Code. ZONING CASE NO. 848 DEVELOPMENT STANDARDS I EXISTING PROPOSED RA-S-1 ZONE SETBACKS RESIDENCE STABLE -CUP, SPR & VR Front: 50 ft. front easement line Side: 25 ft. for stable from property line Rear: 50 ft. from property line STRUCTURES Residence 2350 sq.ft Residence 2350 sq.ft (Site Plan Review required for Garage 622 sq.ft Garage 622 sq.ft new structures, grading and if Stable 0 sq.ft. Stable 1296 sq.ft. size of addition increases by Service 96 sq.ft Service 96 sq.ft more than 999 sq.ft. in a 36- Porches 775 sq.ft Porches 775 sq.ft month period). Trellis 300 sq.ft Trellis 300 sq.ft TOTAL TOTAL ZC NO. 848 • 4,143 sq.ft STRUCTURAL LOT 9.1 % COVERAGE (20% maximum) TOTAL LOT COVERAGE 15.25% (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL 6,055 sq.ft. pad, 59.6% (30% maximum guideline) STABLE GRADING N/A. Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft. balanced on site DISTURBED AREA 34.0% (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. Some exceptions apply) STABLE (minimum 450 sq. ft.) N/A CORRAL (minimum 550 sq. ft.) STABLE ACCESS N/A ACCESSWAY VIEWS PLANTS AND ANIMALS Existing from Chuckwagon SITE PLAN REVIEW CRITERIA 5,439 sq.ft. 12.0% of 45,550 sq.ft. net lot area 8,243 sq. ft or 18.1 % of 45,550 sq.ft. net lot area 6,055 sq.ft. pad; 59.6% 4,168 sq.ft. pad; 31.1% 1,500 cubic yards total 750 c.y. cut; 750 c.y. fill 50.0% of 45,550 sq.ft. net lot area 1,296 sq.ft. stable w/ 792 loft; 1,000 sq.ft. corral From front of property Existing from Chuckwagon Planning Commission review Planning Commission review 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as ZC NO. 848 maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. 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 vicinityand 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. 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; ZC NO. 848 • • 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 use observes the spirit and intent of this title. ZC NO. 848 • • THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION 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 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 9 Chuckwagon • PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JANUARY 2014. AD CIELF CHAITNIAN ATTEST: at),,tCtit 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 otethdw HEIDI LUCE, CITY CLERK Reso. 2014-01 9 Chuckwagon 9 8(4 ai Ra W, qe INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 6A Mtg. Date: 01-21-14 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 848 9 CHUCKWAGON ROAD RA-S-1, 1.33 ACRES (EXCL. ROADWAY EASEMENT) MR. AND MRS. STEVE COOLEY BOLTON ENGINEERING NOVEMBER 7, 2013 REQUEST AND RECOMMENDATION 1. The applicants request a Conditional Use Permit to construct a two-story stable consisting of a 1,296 square foot first story and a 792 square foot loft above with 1,000 square foot corral and a Site Plan Review for a total of 1,500 cubic yards of grading, which will be balanced on site and a 5' high retaining wall along southern stable pad area. A Variance is requested to exceed the maximum permitted disturbance on the lot by 10%. Access to the stable will be taken from Chuckwagon Road and around the residence. Several not to exceed 3' high retaining walls are also proposed for the access, which do not require discretionary approval. The walls will average out to less than 2.5' in height. 2. At the December 17, 2013 Planning Commission meeting, the Commission directed staff to prepare a Resolution of approval with conditions, which is attached. Resolution No. 2014-01 contains standard findings and facts and conditions, including conditions specific to this project as follows: • That the project be screened from the adjacent properties, and that the trees shall not grow higher than the ridgeline of the stable. • That graded areas be landscaped. 3. It is recommended that the Planning Commission review and consider the attached resolution for adoption. • THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION 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 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 grantspecial 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 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, andthe 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 (iD 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 "11 9 Chuckwagon `.% PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JANUARY 2014. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK Reso. 2014-01 9 Chuckwagon 8 td • • 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE, CITY CLERK Reso. 2014-01 9 Chuckwagon TO: Ra qe INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4A Mtg. Date: 12-17-13 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 848 9 CHUCKWAGON ROAD RA-S-1, 1.33 ACRES (EXCL. ROADWAY EASEMENT) MR. AND MRS. STEVE COOLEY BOLTON ENGINEERING NOVEMBER 7, 2013 REQUEST AND RECOMMENDATION 1. At the November 19 Planning Commission meeting,- the Commission scheduled a field trip to the property for December 17, 2013. Residents at 31 Eastfield and 7 Chuckwagon requested that the Commission view the project from their property as well. 2. The applicants request a Conditional Use Permit to construct a two-story stable consisting of a 1,296 square foot first story and a 792 square foot loft above with 1,000 square foot corral and a Site Plan Review for a total of 1,500 cubic yards of grading, which will be balanced on site and a 5' high retaining wall along southern stable pad area. A Variance is requested to exceed the maximum permitted disturbance on the lot by 10%. Access to the stable will be taken from Chuckwagon Road and around the residence. Several not to exceed 3' high retaining walls are also proposed for the access, which do not require discretionary approval. The walls will average out to less than 2.5' in height. 3. It is recommended that the Planning Commission view the project, take public testimony and continue the meeting to the evening meeting on December 17 or provide other direction to staff. • i BACKGROUND 4. The property is zoned RAS-1 and consists of 1.33 acres. The net lot area of the lot for construction purposes is 45,550 square feet, 1.04 acres. The property is accessed from Chuckwagon Road. The property is developed with a 2,350 square foot single family residence with 622 square foot garage, covered porches and trellis. In 2011 an administrative approval was granted for addition and major remodel of the residence. 5. The stable and corral will be located below the residential building pad, in an area previously set aside for said use and a portion of which is already flat and suitable for the construction of a stable and corral. 6. At the November 19 meeting, the adjacent property owner, at 7 Chuckwagon, testified against the project citing concerns with the size, location and the potential use of the proposed 2 story structure. Another neighbor at 31 Eastfield Drive testified in favor of the project. MUNICIPAL CODE COMPLIANCE 7. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be two-story, and will consist of 4 stalls, feed area, equipment storage area with a center isle. The 792 square foot loft is proposed to be used as tack room and will contain a bathroom. The corral is proposed to be 1,000 square feet. Pursuant to the zoning code requirements the following is applicable to this request: REQUIREMETNS I PROPOSED Not less than 6' wide roughened access. Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure. Building to be designed for rural and agricultura uses only, but may include storage of vehicles and household items. Proposed 10-14' wide access. Will not be entirely paved. Grading is required; consisting of 750 c.y. cut and 750 c.y. fill, including for the access. Stable and corral comply. Over 100' to residential structure -on subject property & 86' to closest neighbor's house. Building is proposed to look like a stable and be used for a stable. Size to include the entire footprint including loft, 2,088 sq.ft. total; 1296 sq.ft. first story - if any. agricultural use and 792 sq.ft. loft -tack room use. 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 Agricultural spaces, including feed and center isle will be 62.06%. Tack room comprises 792 sq.ft. or 37.94% of the structure. Shower and bathroom proposed. ZC NO. 848 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. Kitchenette is proposed. Windows in tack room. Condition of approval. 792 sq.ft. loft. Complies. Proposed gravel or D.G. Proposed fenced corral. Access proposed bt. 14% and 25% grade. 1,000 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable. 8. The net lot area of the lot is 45,550 square feet. The structural lot coverage proposed is 5,439 square feet or 12.0% of the net lot area, which includes all of the structures- (20% maximum permitted). The total lot coverage proposed, including structures and flatwork is proposed to be 8,243 square feet or 18.1% of the net lot area, (35% maximum permitted). 9. The residential building pad is 6,055 square feet. Coverage on this pad will remain at 59.6%. The proposed stable pad will be 4,168 square feet and will have coverage of 31.1 %, which exceeds the guideline by 1.1%. 10. The applicants request a variance from the requirements of 40% maximum disturbance of the lot. The proposed disturbance will be 50% of the lot and includes the grading for the access road to the stable. Currently 34% of the lot is disturbed. The disturbance is necessary to construct the stable and contiguous corral. Pursuant to a recently adopted ordinance a 50% disturbance would be allowed if the applicant were able to create at least half of the slopes at 3:1 or less grade. According to the civil engineer it is not possible to create 3:1 slopes, as "it would be no way to catch the slope. The grading would result in a much larger disturbed area and still not be within the allowable disturbance". 11. Drainage from the stable will be discharged towards the rear of the property as the lot slopes downwards in an easterly direction. 12. Several retaining walls ranging from less than 2' to 5' in height are proposed along the access to the stable, which will averge out to 2.5' in height. An outside staircase from the tack room (loft) to the agricultural area is proposed. 13. In response for justification for the Variance request to exceed the disturbed area, the applicants' representative state that the proposed project consists of a stable and corral, which are encouraged in Rolling Hills. Due to the steepness of the lot it is impossible to not to go over the disturbed area, otherwise high walls would be required ZC NO. 848 -3- • • on the lower side. The representative further state that their thought was that it would be more desirable and aesthetically pleasing to have a slope which can be vegetated instead of looking up at a wall from the trail below. The applicants will utilize to maximum extent practicable the already existing flat area in the rear of the house where the stable is proposed. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 15. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for CUP, Site Plan Review and Variance of the Zoning Code. ZONING CASE NO. 848 DEVELOPMENT STANDARDS I EXISTING 1 PROPOSED RA-S-1 ZONE SETBACKS RESIDENCE STABLE -CUP, SPR & VR Front: 50 ft. front easement line Side: 25 ft. for stable from property line Rear: 50 ft. from property line STRUCTURES Residence 2350 sq.ft (Site Plan Review required for Garage 622 sq.ft new structures, grading and if Stable 0 sq.ft. size of addition increases by Service 96 sq.ft more than 999 sq.ft. in a 36- Porches 775 sq.ft month period). Trellis 300 sq.ft STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) STABLE GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft. balanced on site 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. Some exceptions apply) STABLE (minimum 450 sa. ft.) I N/A Residence 2350 sq.ft Garage 622 sq.ft Stable 1296 sq.ft. Service 96 sq.ft Porches 775 sq.ft Trellis 300 sq.ft TOTAL 4,143 sq.ft TOTAL 5,439 sq.ft. 9.1% 12.0% of 45,550 sq.ft. net lot area 15.25% 6,055 sq.ft. pad, 59.6% N/A. 34.0% 8,243 sq. ft or 18.1% of 45,550 sq.ft. net lot area 6,055 sq.ft. pad; 59.6% 4,168 sq.ft. pad; 31.1% 1,500 cubic yards total 750 c.y. cut; 750 c.y. fill 50.0% of 45,550 sq.ft. net lot area 1,296 sq.ft. stable w/ 792 loft; ZC NO. 848 ✓/ CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS N/A Existing from Chuckwagon SITE PLAN REVIEW CRITERIA 1,000 sq.ft. corral From front of property Existing from Chuckwagon Planning Commission review Planning Commission review 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: ZC NO. 848 • • 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. 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 use observes the spirit and intent of this title. ZC NO. 848 TO: -0, qe INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 9B Mtg. Date: 11-19-13 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 848 9 CHUCKWAGON ROAD RA-S-1, 1.33 ACRES (EXCLUDING ROADWAY EASEMENT) MR. AND MRS. STEVE COOLEY BOLTON ENGINEERING NOVEMBER 7, 2013 REQUEST AND RECOMMENDATION 1. The applicants request a Conditional Use Permit to construct a two-story stable consisting of a 1,296 square foot first story and a 792 square foot loft above with 1,000 square foot corral and a Site Plan Review for a total of 1,500 cubic yards of grading, which will be balanced on site and a 5' high retaining wall along southern stable pad area. A Variance is requested to exceed the maximum permitted disturbance on the lot by 10%. Access to the stable will be taken from Chuckwagon Road and around the residence. Several not to exceed 3' high retaining walls are also proposed for the access, which do not require discretionary approval. The walls will average out to less than 2.5' in height. 2. It is recommended that the Planning Commission review the staff report, take public testimony and schedule a field trip to view the project in the field. BACKGROUND 3. The property is zoned RAS-1 and consists of 1.33 acres. The net lot area of the lot for construction purposes is 45,550 square feet, 1.04 acres. The property is accessed from Chuckwagon Road. • • 4. The property is developed with a 2,350 square foot single family residence with 622 square foot garage, covered porches and trellis. In 2011 an administrative approval was granted for addition and major remodel of the residence. 5. The stable and corral will be located below the residential building pad, in an area previously set aside for said use and a portion of which is already flat and suitable for the construction of a stable and corral. 6. Adjacent property owner visited City Hall and reviewed the plans for the stable and expressed concerns regarding the size, location and use of the proposed structure. MUNICIPAL CODE COMPLIANCE 7. Pursuant to the Zoning Code requirements stables over 200 sq.ft. and corrals over 550 sq.ft. require a Conditional Use Permit and are subject to the requirements of Chapter 17.18. The proposed stable will be two-story, and will consist of 4 stalls, feed area, equipment storage area with a center isle. The 792 square foot loft is proposed to be used as tack room and will contain a bathroom. The corral is proposed to be 1,000 square feet. Pursuant to the zoning code requirements the foll REQUIREMETNS Not less than 6' wide roughened access. Stable, corral not to be located on slopes greater than 4:1. Not in front yard or side or front setback. May be located up to 25' in rear setback. Min. 35' from any residential structure. Building to be designed for rural and agricultura. 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 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'. owing is applicable to this request: PROPOSED Proposed 10-14' wide access. Will not be entirely paved. Grading is required; consisting of 750 c.y. cut and 750 c.y. fill , including for the access Stable and corral comply. Over 100' to residential structure -on subject property & 86' to closest neighbor's house. Building is proposed to look like a stable and be used for a stable. 2,088 sq.ft. total; 1296 sq.ft. first story - agricultural use and 792 sq.ft. loft -tack room use. Agricultural spaces, including feed and center isle will be 62.06%. Tack room comprises 792 sq.ft. or 38% of the structure. Shower and bathroom proposed. Kitchenette is proposed. - Windows in tack room. Condition of approval. 792 sq.ft. loft. Complies. ZC NO. 848 • 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. Proposed gravel or D.G. Proposed fenced corral. Access proposed bt. 14% and 25% grade. 1,000 s.f. corral contiguous to stable. Applicant is not proposing any commercial uses or sleeping in the stable. 8. The net lot area of the lot is 45,550 square feet. The structural lot coverage proposed is 5,439 square feet or 12.0% of the net lot area, which includes all of the structures- (20% maximum permitted). The total lot coverage proposed, including structures and flatwork is proposed to be 8,243 square feet or 18.1% of the net lot area, (35% maximum permitted). 9. The residential building pad is 6,055 square feet. Coverage on this pad will remain at 59.6%. The proposed stable pad will be 4,168 square feet and will have coverage of 31.1%, which exceeds the guideline by 1.1%. 10. The applicants request a variance from the requirements of 40% maximum disturbance of the lot. The proposed disturbance will be 50% of the lot and includes the grading for the access road to the stable. Currently 34% of the lot is disturbed. The disturbance is necessary to construct the stable and contiguous corral. Pursuant to a recently adopted ordinance a 50% disturbance would be allowed if the applicant was able to create at least half of the slopes at 3:1 gradient or less. According to the civil engineer it is not possible to create 3:1 slopes, as "it would be no way to catch the slope. The grading would result in a much larger disturbed area and still not be within the allowable disturbance". 11. Drainage from the stable will be discharged towards the rear of the property as the lot slopes downwards in an easterly direction. 12. Several retaining walls ranging from less than 2' to 5' in height are proposed along the access to the stable, which will averge out to 2.5' in height. An outside staircase from the tack room (loft) to the agricultural area is proposed. 13. In response for justification for the Variance request to exceed the disturbed area, the applicants' representative state that the proposed project consists of a stable and corral, which are encouraged in Rolling Hills. Due to the steepness of the lot it is impossible to not to go over the disturbed area, otherwise high walls would be required on the lower side. The representative further state that their thought was that it would be more desirable and aesthetically pleasing to have a slope which can be vegetated instead of looking up at a wall from the trail below. The applicants will utilize to maximum extent practicable the already existing flat area in the rear of the house where the stable is proposed. ZC NO.848 0 • • 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 15. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for CUP, Site Plan Review and Variance of the Zoning Code. ZONING CASE NO. 848 DEVELOPMENT STANDARDS 1 EXISTING I PROPOSED RA-S-1 ZONE SETBACKS RESIDENCE STABLE -CUP, SPR & VR Front: 50 ft. front easement line Side: 25 ft. for stable from property line Rear: 50 ft. from property line STRUCTURES Residence 2350 sq.ft Residence 2350 sq.ft (Site Plan Review required for Garage 622 sq.ft Garage 622 sq.ft new structures, grading and if Stable 0 sq.ft. Stable 1296 sq.ft. size of addition increases by Service 96 sq.ft Service 96 sq.ft more than 999 sq.ft. in a 36- Porches 775 sq.ft Porches 775 sq.ft month period). Trellis 300 sq.ft Trellis 300 sq.ft TOTAL STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) STABLE GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft. balanced on site 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. Some exceptions apply) STABLE (minimum 450 sq. ft.) N/A CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS ZC NO. 848 4,143 sq.ft TOTAL 5,439 sq.ft. 9.1 % 12.0% of 45,550 sq.ft. net lot area 15.25% 6,055 sq.ft. pad, 59.6% N/A. 34.0% N/A Existing from Chuckwagon 8,243 sq. ft or 18.1 % of 45,550 sq.ft. net lot area 6,055 sq.ft. pad; 59.6% 4,168 sq.ft. pad; 31.1% 1,500 cubic yards total 750 c.y. cut; 750 c.y. fill 50.0% of 45,550 sq.ft. net lot area 1,296 sq.ft. stable w/ 792 loft; 1,000 sq.ft. corral From front of property Existing from Chuckwagon Planning Commission review Planning Commission review SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. 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, thpirit and intent of this title will be observed; ZC NO. 848 • 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. 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 use observes the spirit and intent of this title. ZC NO. 848 (-6-