834, Proposed mixed use structure (, Staff ReportsTO:
FROM:
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
&4 Ra ia(if
HONORABLE VICE-CHAIRMAN
PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
ZONING CASE NO. 834
44 PORTUGUESE BEND ROAD (LOT 124-RH)
RA-S-2, 5.07 ACRES GROSS (INCL. ROAD EASEMENTS)
MR. AND MRS. MARC MILLS
PRITZKAT & JOHNSON ARCHITECTS, INC
FEBRUARY 7, 2013
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Mtg. Date: 3-19-13
Agenda Item No.: 7A
REQUEST AND RECOMMENDATION
AND MEMBERS OF THE
1. The applicants, Mr. and Mrs. Marc Mills request Conditional Use Permit (CUP) for
a 396'square foot detached storage room with a bathroom. The structure is proposed to be
used for storage of patio and pool furniture, toys and equipment. The project also includes
a trellis over a patio, remodeling of the existing pool, outdoor hardscape and landscaping
improvements and outdoor barbeque. Those miscellaneous improvements do not require
Planning Commission review and will be approved administratively.
2. At the February 19, 2013 public hearing the Planning Commission directed staff
to prepare a resolution of approval in this case. There were no objections to this project
from any neighbors. Attached is a Resolution with standard findings and facts,
including:
• Provide screening of the structure with plants/trees which will not exceed the
ridge height of the structure
• All requirements of the zoning code regarding storage room uses shall be met
3. It is recommended that the Planning Commission review and adopt the attached
resolution.
ZC NO. 834
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THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 2013-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT (CUP) TO
CONSTRUCT A STORAGE ROOM ON A PROPERTY DEVELOPED WITH A
SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING
CASE NO. 834, AT 44 PORTUGUESE BEND ROAD, LOT 124-RH), (MILLS).
PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. Marc Mills with
respect to real property located at 44 Portuguese Bend Road (Lot 124-RH) Rolling
Hills, requesting a Conditional Use Permit to construct a 396 square foot storage room
with a bathroom.
Section 2 The Planning Commission conducted duly noticed public hearing
in the field to consider the application on February 19, 2013. Neighbors were notified
and invited to the hearings. The applicants' representatives were in attendance at the
hearing. One resident attended the hearing and had no objections to the project.
Section 3. The applicants were notified of the above -referenced hearing in
writing by first class mail. Evidence was heard and presented from all persons
interested in affecting said proposal, from all persons protesting the same, and from
members of the City staff. The Planning Commission having reviewed, analyzed and
studied the information found that the project is satisfactory and meets the City's
Conditional Use Permit criteria based on the findings enumerated below.
Section 4. The Planning Commission finds that the project qualifies as a
Class 1 Exemption. [State CEQA Guidelines, Section 15301(e)] and is therefore
categorically exempt from environmental review under the California Environmental
Quality Act.
Section 5. Section 17.16.210(A)(8) of the Rolling Hills Municipal Code
permitsapproval of a storage room under certain conditions, provided the Planning
Commission approves a Conditional Use Permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the storage room 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 development standards of the Zoning Ordinance and no deviations from
the development standards are requested.
Z.C. NO. 834 1
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B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a storage room will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the project is of sufficient distance from nearby residences so that
the structure will not impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural terrain,
and surrounding residences because it complies with the low profile residential
development pattern of the community, will be located on an existing building pad
and will be screened from neighbors' view.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 396 square foot size of the storage room
does not exceed the maximum permitted under the Municipal Code and it does not
encroach into any setback areas and is not located in the front.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting criteria for hazardous
waste facilities because the project site is not listed on the current State of California
Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because the proposed project meets all of the development standards of
the Zoning Regulations and has an existing stable, corral and access thereto. No
grading is necessary for construction of the project and the structure will not be
obtrusive to neighbors.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 6. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves a Conditional Use Permit for a 396 square
foot storage room with a bathroom in accordance with the development plan dated
January 31, 2013 in Zoning Case No. 834 subject to the following conditions:
A. The Conditional Use Permit approval shall expire within two years from
the effective date of this approval if construction pursuant to this approval has not
commenced within that time period, as required by Section 17.46.080(A) of the Rolling
Hills Municipal Code.
B. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have 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.
Z.C. NO. 834 2
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C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in the Permit, or shown otherwise on an approved plan,
including the following conditions:
a. The storage room shall not be located in the front yard or any
setback
b. The maximum size of the structure shall not exceed 396 sq.ft.
c. Bathroom facilities consisting of a sink and toilet only are permitted
d. No kitchen or kitchenette is permitted
e. No sleeping or renting of the room shall be permitted.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated January 31, 2013 except as otherwise provided in these
conditions.
E. The property on which the project is located shall contain 'an area of
sufficient size and which meets all standards for a stable and corral with vehicular
access thereto. The existing stable structure shall meet the requirements of Section 17.18
of the Zoning Ordinance and may not be converted to uses not specifically provided for
in said Section.
F. The working drawings submitted to the Building and Safety Department
for plan check review must conform to the development plan approved with this
Resolution.
G. There shall be no grading for this project.
H. Structural lot coverage shall not exceed 18,130 square feet or 11.1% in
conformance with structural coverage requirements.
I. Total lot coverage of structures and paved areas shall not exceed 31,525
square feet or 19.3% in conformance with lot coverage limitations.
J. The disturbed area of the lot shall not exceed 56,000 square feet or 34.2%
of the net lot area in conformance with lot disturbance limitations.
K. Residential building pad coverage on the existing 50,556 square foot
residential building pad shall not exceed 16,445 square feet or 32.5%. The stable
building pad is 4,206 square feet and has.26.1% coverage.
L. Utility lines to the storage room shall be placed underground.
M. The roof material for the storage room shall be of Class "A" construction
and Class "A" material, and shall be approved by the RHCA.
Z.C. NO. 834
3
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N. The storage room shall be screened from nearby properties by trees and
shrubs. A landscaping plan for the pool area, patio and the storage room shall be
submitted to staff for review. Trees and vegetation shall be planted and maintained at
a height to not to exceed the height of the storage room. No hedge like configuration
shall result from the planting.
O. If the proposed landscaped area, as shown on the landscaping plan
required in "N" above, is 5,000 square feet or larger, the project shall be subject to the
Water Efficient Landscape Ordinance, Section 13.18 of the Municipal Code, and
appropriate plans, forms and calculations shall be submitted to the City prior to
obtaining a building permit.
P. Conformance with the air quality management district requirements,
(AQMD), stormwater pollution prevention practices, stormwater drainage facilities
construction and maintenance and any county and local ordinances and engineering
practices shall be required, so that people or property are not exposed to undue vehicle
trips, noise, dust, stormwater pollution and objectionable odors.
Q. During construction all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby roadway easements.
R 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.
S. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for connecting
and maintenance of the septic tank for the bathroom.
T. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
U. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance.
V. Drainage plan for the project shall be reviewed and approved by the
Building and Safety Department. The drainage shall be designed to include all water
discharge from the site's irrigation system and to assure that all drainage from the site
is conveyed in an approved manner. No drain structure shall be located in easements,
unless approved by the Rolling Hills Community Association.
W. The property owner and/or his/her contractor/applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
Z.C. NO. 834 4
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X. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http//www.wrh.noaa.gov/Iox/main.php?suite=safety&page=hazard_definitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions.
Y. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee.
Z. A minimum of 50% of the construction and demolition material shall be
recycled and verification submitted to the City. A hauling permit shall be obtained
from the City by the construction/demolition hauler.
AA. The conditions of approval specified herein shall be printed on the
Plans submitted to RHCA and to Building and Safety Department for plan check
review and on all subsequent plans.
AB. Until the applicant executes an Affidavit of Acceptance of all conditions
of the Conditional Use Permit, and such affidavit is recorded together with this
resolution, the approval shall not be effective.
AC. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2013.
BRAD CHELF, VICE-CHAIRMAN
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
Z.C. NO. 834 5
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2013-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT (CUP) TO
CONSTRUCT A STORAGE ROOM ON A PROPERTY. DEVELOPED WITH A
SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING
CASE NO. 834, AT 44 PORTUGUESE BEND ROAD, LOT 124-RH, (MILLS).
PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
March 19, 2013 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
Z.C. NO. 834 6
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MEMORANDUM TO RECUSE
TO: Honorable Chairman and Members of the Planning Commission
FROM: Heidi Luce, Deputy City Clerk
SUBJECT: Zoning Case No. 834- 44 Portuguese Bend Road
DATE: February 19, 2013
Due to the proximity of her property to the subject property, Commissioner Smith
should recuse herself from consideration of Zoning Case No. 834 at 44 Portuguese Bend
Road. She may however, take a seat in the audience and participate as a resident.
TO:
FROM:
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
eel Rot&49 qeeed
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 7B
Mtg. Date: 2-19-13
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR (�
ZONING CASE NO. 834 (J
44 PORTUGUESE BEND ROAD (LOT 124-RH)
RA-S-2, 5.07 ACRES GROSS (INCL. ROAD EASEMENTS)
MR. AND MRS. MARC MILLS
PRITZKAT & JOHNSON ARCHITECTS, INC
FEBRUARY 7, 2013
REQUEST AND RECOMMENDATION.
The Planning Commission visited the site earlier today. The applicants, Mr. and Mrs. Mills
request Conditional Use Permit (CUP) for a 396 square foot detached storage room with a
bathroom. The structure is proposed to be used for storage of patio and pool furniture,
toys and equipment. The project also' includes a trellis over a patio, remodeling of the
existing pool, outdoor hardscape and landscaping improvements and outdoor barbeque.
Those miscellaneous improvements do not require Planning Commission review and
could be approved administratively.
It is recommended that the Planning Commission review the staff report, continue the
public hearing, take public testimony and provide direction to staff.
BACKGROUND
1. The lot is a 5.07-acre in size in the RAS-2 zoning district. Portuguese Bend Road
cuts through the lot with approximately 0.90 acres located west of the road having a steep
slope. The net lot area for development purposes is 163,520 square feet, (3.75 acres). The
property is currently developed with a 6,083 square foot residence, 1,520 square foot
garage attached via a breezeway to the house, 930 square foot swimming pool, 300 square
ZC NO. 834
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foot pool equipment area/greenhouse, 1,100 stable with a loft and 7,200 square foot sports
court.
2. In 2005, the Planning Commission approved a new residence and other structures
on the property consisting of 8,402 square foot residence, 1,605 square foot garage 805
square foot swimming pool with 36 square feet pool equipment area, 738 square foot guest
house, 96 square feet service yard, and 1,385 square feet of covered porches. A 1,048
square foot basement was also proposed. The existing sports court was to be demolished
and the area landscaped. This project was not implemented and instead the applicants
remodeled their existing house and in March 2012 received administrative approval to
construct a 995 square foot addition to the existing house, which is under construction.
3. All new development in the City require that the property maintain a stable
structure with adjacent corral or set aside an area for a future stable and corral. Building
permits show a 1963 permit for a 2 story, 954 sq.ft. plus loft stable. As shown in the
pictures, currently the stable is used for storage and it does not appear that the interior
was modified from the original construction. The area adjacent to the stable could be used
for a corral.
4. The proposed storage room requires a conditional use permit. The existing 300
square foot greenhouse/pool equipment room will be demolished. The existing pool is
proposed to be reduced in size to 800 square feet. In total 1,018 square feet of structures
and hardscape will be removed.
MUNICIPAL CODE COMPLIANCE
5. There will be no grading for this structure, as it is going to be located on an existing
building pad. The disturbed area of the lot is 56,000 square feet or 34.2% and will remain.
6. The project requires a Conditional Use Permit (RHMC 17.16.210 A.8), which allows
for a storage room or hobby shop as follows:
Not to exceed 800 sq.ft.
b. Not located in setbacks or front yard
c. Kitchen or kitchenette shall not be permitted
d. A sink and toilet is permitted
e. No sleeping or renting of the room is allowed
7. There are two building pads on the property. The main residential building pad is
50,556 square feet and will have coverage of 16,445 square feet or 32.5%, (excluding
allowed deductions). Building pad coverage on the 4,206 square foot stable pad is 26.1%
and will not change, (30% building pad coverage guideline).
8. The structural lot coverage is proposed at 18,130 square feet or 11.1%, which
includes all the structures, including the stable and sports court (20% permitted); and the
ZC NO. 834
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total lot coverage including the structures and all paved areas is proposed to be 31,525
square feet or 19.3% (35% permitted).
CONCLUSION
9. When reviewing a development application the Planning Commission should
consider whether 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.
10. In reviewing a CUP the Planning Commission must find that the use is consistent
with the General Plan and development standards of the City, including provision for
open space and maintaining rural environment and that the use will not adversely affect
adjacent properties.
ZONING CASE NO. 834
DEVELOPMENT STANDARDS
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
GRADING
Site Plan Review required if
excavation and/or fill or combination
thereof that is more than 3 feet in
depth and covers more than 2,000 sq.
ft.) must be balanced on -site.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
ZC NO. 834
EXISTING
SINGLE FAMILY RESIDENCE
AND ACCESSORY
STRUCTURES
Residence
Garage
Service yard
Pool
Pool equip.
Stable
Recr. Court
Coy. porch -
attached
Breezeway
F.pl.
Outdoor kitch
N/A
11.02%
6083 sq.ft.
1520 sq.ft
96 sq.ft
930 sq.ft
300 sq.ft.
1100 sq.ft.
7200 sq.ft.
585 sq.ft.
200 sq.ft.
10 sq.ft.
50 sq.ft.
18,074 sq.ft.
11 PROPOSED
STORAGE ROOM
W/BATHROOM (CUP)
Residence
Garage
Service yard
Pool
Pool equip.
Stable
Recr. Court
Coy. porch -
attached
Breezeway
F.pl.
Outdoor kitch
Storage room
Aft. trellis
TOTAL
No grading
6083 sq.ft.
1520 sq.ft
96 sq.ft
800 sq.ft
35 sq.ft.
1100 sq.ft.
7200 sq.ft.
585 sq.ft.
200 sq.ft.
10 sq.ft.
50 sq.ft.
396 sq.ft.
115 sq.ft.
18,190 sq.ft
11.1% of 163,520 s.f. net lot area
19.9% 19.3% of 163,520 s.f. net lot area
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
Stable pad
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any nongraded area where
impervious surfaces exist.)
STABLE (min. 450 SO.FT.
& 550 SO.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
32.1%
26.1% (stable only)
34.2% (including sports court)
2-story 1,100 sq.ft. existing
w/corral
Existing
I Existing driveway approach
N/A
I N/A
16,445 or 32.5% of 50,556 sq.ft.
residential bldg. pad -with
allowances
26.1% of 4,206 s.f. stable pad
34.2% (including sports court)
2-story 1,100 sq.ft. existing
w/corral
I Existing
I Existing driveway approach
I Planning Commission review
I Planning Commission review
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.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC NO. 834
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