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none, Retain a previously built gues, Staff ReportsTO: FROM: eite-/ Roete4,9 qete„:1 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item 6A Mtg. Date:12-20-11 HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 808 7 RINGBIT ROAD E. (LOT 38 SF) RA-S-1, 1.22 ACRES MR. AND MRS. JOHN SHADDEN ROGER NORTH, ARCHITECT NOVEMBER 3, 2011 REQUEST AND RECOMMENDATION 1. The applicants, Mr. and Mrs. Shadden, request a Conditional Use Permit to retain and legalize a 255 square foot guest room, which includes a bathroom, originally constructed as a tack room and to set aside an area for a future stable and corral elsewhere on the lot and a Variance to exceed the maximum permitted disturbance of the lot, if and when the stable and corral are constructed in the future. 2. It is recommended that the Planning Commission review the staff report, take public testimony and provide direction to staff. BACKGROUND 3. The request for the CUP is to retain a two-story structure, which was constructed as a tack room in 1965 and was subsequently used for storage on the first level and guest room on the second level. At one time there was a small stable in proximity of the tack room. Staff believes the stable was demolished when the pool was constructed in 1997. The applicant proposes to set aside an area for a future stable and coral elsewhere on the lot. ZC NO. 808 4. The Planning Commission visited the project on November 15, 2011 and deliberated the case later that evening at their regular meeting. They concluded that the structure has charm, conforms to the character of structures in Rolling Hills, is inconspicuous and that it would be unreasonable to consider the lower level as habitable. A neighbor from 5 Ringbit Road was present at the field trip and the regular meeting of the Planning Commission and stated that he has no objections to the use of the structure in the same manner as it has been in the recent past. He objected, however, to the location of the future stable. 5. The Planning Commission directed staff to research the zoning code to determine if the structure, considering that it is legal -nonconforming, could remain as is and to be used for a guest room at the upper level and storage on the bottom level. Originally staff suggested that the bottom level be closed off from the exterior and not be accessible, making it a very tall one story. The applicant's agent requested that nothing be done to the structure so that it could continue to be used as is. A water heater is located inside in the bottom space, and the owners propose to install a heating system in this area as well. The applicant's agent offered to lower the ceiling in the back room on the bottom level to be the same as in the front room, which was used as wine cellar. The Los Angeles County Building Code requires a minimum of 7' tall ceiling in "habitable space". Non -habitable spaces, such as, kitchens, hallways or bathrooms may have a ceiling of not less than 6'8". 6. Since the last meeting, staff visited the structure to observe the interior. The interior dimensions of the building is 16' x 15' on the upper level and 16' x 14' on the lower level; with the lower level being almost entirely underneath the upper level. The height of the interior of the lower level is 8' for most of the area and 7'2" in the front area, where the wine cellar was located. 7. The applicants have recently purchased the property and applied to the City for an addition. The desired addition would be less than 999 square feet and therefore could be approved administratively (over-the-counter). However, staff is aware of a non- conforming and non -permitted situation on the property, which must be resolved before any addition or other structures may be constructed on the lot. 8. The property is currently developed with a 3,672 square foot residence, 844 square foot garage, 554 square foot swimming pool and 255 square foot two story structure, originally approved as a tack room, which is the subject of this application. The height of the structure to the highest ridge at the rear, where the access to the lower level is located is 22 feet from finished grade (see picture labeled West Elevation), and the side near the entrance to the, guest room, is 13' from finished grade, (see picture labeled North Elevation). MUNICIPAL CODE COMPLIANCE 9. Section 17.16.080 Height limitation of the Zoning Ordinance state: ZC NO. 808 "A. General Limitation. A building or structure shall have no more than one- story, meaning no interior habitable space shall exist over any other habitable space, except over basements. For the purpose of this section "interior habitable space" shall mean as is defined in Section 17.12.080 of this title. The maximum height permitted from finished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and a half feet, with maximum difference of five feet". 10. Section 17.12.080 reads as follows: "Habitable Space, Interior. "Interior habitable space" means an area within a building or structure, fully enclosed by walls, windows, doors, a roof or ceiling, and floors, which provides living, eating and/or sleeping quarters. Interior habitable space includes lofts and mezzanines. Storage areas, including attics, which meet the following criteria, shall not be considered habitable space: Storage areas, except basements, which are located below or above habitable space, shall not exceed six feet in height at any one point and shall not have windows, doors to the exterior, heating, ventilation or air. conditioning (except as required by the Building Code); attics shall have a ceiling that follows the shape and the angle of the roofline, could be more than six feet high at any • point and shall not have doors to the exterior, windows, heating, ventilation or air conditioning (except as required by the Building Code). Storage areas and attics, as defined above, shall be used exclusively for storage purposes". 11. Attached is the Assistant City Attorney's memorandum regarding the interpretation of the City's code in this matter. She states that because the lower level, is not intended for "habitable space", the provision in Section 17.16.080 gives the Planning Commission room to allow the use as requested. However, she strongly recommends that a covenant stating the restrictions of the CUP be recorded with the property. Should the Commission concur, staff suggests that the Commission require that the ceiling of the lower level be lowered to minimum of 7'2" to match the wine cellar portion of the lower level, or to less than 7' in the entire lower level to meet the building code definition for non -habitable space, and to place conditions in the Resolution of approval as well as in the covenant that the lower level may be used exclusively for storage and utility equipment, that it may not be modified in any way, including on the exterior, that only repairs may be made and the door replaced with like door, if needed, and that there be no windows or other openings on the lower level. The property owners will need to obtain all necessary building permits for the conversion of the tack room to a guest room. 12. With this application an area for a future stable and corralwill be set -aside on the lot. The applicants propose such area to the rear of the pool with access from Ringbit Road. 408 cubic yards of grading would be required for the construction of the future stable, corral and access. With the future grading, the disturbed area of the lot would exceed the maximum permitted of 40%, and a Variance is required. The disturbed area of the net lot would be 43.1%. Currently it is 40.6%. The residential addition, if submitted, ZC NO. 808 U would be constructed on an existing disturbed and level area and therefore would not trigger a Variance. 13. The net lot area of the lot for development purposes is 43,856 square feet (1.00 acre). The structural lot coverage, plus the future stable, is 5,999 square feet or 13.7% of the net lot area -not including the porch, (20% permitted); and the total lot coverage including the structures and paved areas is 12,269 square feet 28.0%, (35% permitted). With the future addition, the project would still meet the maximum permitted development standards. 14. In describing the request to allow the conversion of the once tack rook to a guest house in a two story configuration, the applicants' agent states the structure and use were there previously and will not have negative effect on neighbors and the guest house is much smaller than otherwise would be permitted and will be used similarly to other guest homes in the City. The Variance request is required only because of the required stable and corral area, which may or may not be constructed in the future. CONCLUSION 15. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a Conditional Use Permit and Variances and whether the future area for a stable and corral is feasible for such construction. The exceedance of disturbance of the lot would be triggered with the construction of the stable and corral. 16. 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. 17. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is 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 uses is consistent with the General Plan; ZC NO. 808 ( -4- B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title. CRITERIA FOR VARIANCES, 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and S G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 808