0592RESOLUTION NO. 592
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS DENYING A CONDITIONAL USE PERMIT
IN ZONING CASE NO. 374 ,
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
00 HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
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N Section 1. An application was duly filed by Stephen
W Taus with respect to real property located at No. 7 Open Brand
m Road, Rolling Hills (Lot 115 -EF) requesting a conditional use
permit for conversion of a stable into a guest house on said
Q property.
Section 2. The application was considered by the
Planning Commission at a duly noticed public hearing on December
20, 1988, January 17, 1989 and at a field trip on January 14,
1989. The Commission after receiving and considering evidence,
both written and oral, approved the permit.
Section 3. At its meeting of January 13, 1989, the
City Council, pursuant to Section 17.32.140(c) of the Rolling
Hills Municipal Code appealed and assumed jurisdiction of the
application by a unanimous vote.
Section 4. On February 27, 1989, the City Council
opened a duly -noticed, de novo public hearing pursuant to
Municipal Code Section 17.32.190 to consider the application.
Evidence, both written and oral, was presented to and considered
by the City Council. The hearing was adjourned to field trips
on March 7 and April 17, 1989 to enable the Council and all
interested persons the opportunity to view the site.
Section 5. The City Council on March 7 and April
17, 1989, conducted field trips to the site which was open to all
members of the public. The Council inspected the subject
property and observed the following:
A. A stable is presently located in the rear yard of
the property; the applicant proposes to convert the stable
into a guest house and to make another site available for a
future stable.
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B. The proposed future stable site is relatively
small. Due to the steep grade on the westerly side of the
property, access to the proposed stable site would be
difficult and costly to construct, because of the need for a
large amount of grading and extensive use of retaining
walls.
Section 6. The Council resumed the continued public
hearing on April 24, 1989, at which time additional evidence was
presented to and considered by the Council.
Section 7. Section 17.16.012(F) of the Municipal
Code provides the discretion to grant a conditional use permit
for guest houses if appropriate under Section 17.32.060, subject
to Certain minimum conditions.
Section 8. The City Council finds that:
A. In order to convert an existing stable into a.
guest house, the applicant must replace the stable or show
on the plans a substitute location for a stable (see Rolling
Hills Municipal Code Section 17.16.040) as well as access to
the stable or proposed stable site. Moreover, no driveway,
parking area or other means of vehicular access is permitted
by City policy to exist closer than fifty (50)_ feet from a
guest house, in order to deter its use as permanent lodging.
B. In this instance, the plans show a small
substitute site for a future stable. The Council's field
trip revealed this to be barely adequate to accommodate a
stable for one horse. Access to the stable is shown on the
plans to depart from the applicant's own property and to
cross onto neighboring property. The applicant has not
provided the City with evidence, such as an easement,, of its
right to utilize neighboring property for this purpose.
C. The proposed access to the future stable site as
shown on the plans would be closer than fifty (50) feet from
the guest house, in violation of standard conditions of
approval of guest houses. Further, the access would, due to
topographical conditions, be extremely difficult and
expensive to construct, making it unlikely that it would
ever be constructed.
D. The Land Use and Recreation Elements of the
Rolling Hills General Plan sets forth the City's objective
that equestrian uses be encouraged and that all parcels in
the City be suitable for equestrian uses. The conversion of
a stable to quest house under circumstances that make
reconstruction of a stable unfeasible or unlikely is
inconsistent with the General Plan.
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E. The applicant failed to appear at the continued
public hearing on April 24, making it impossible for the
Council to ask questions of the applicant and obtain
responses to these concerns.
,Section 9. Pursuant to Section 17.32.060 of the
Rolling Hills Municipal Code, the City Council finds that:
A. For the reasons set forth above, the proposed
conversion of the existing stable into a guest house would
violate Municipal Code Section 17.16.040 and would be unable
to satisfy certain standard conditions of the approval for
guest houses and stables relating to access.
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B. For the reasons set forth above, the proposed
Q conversion of a stable to a guest house would be
U' inconsistent with the requirements and objectives of the
U City.'s General Plan and with the purposes of proper land use
planning set forth in the Zoning Ordinance.
Section 10. For and on the basis of the foregoing
findings, the conditional use permit for Zoning -Case No. 374 is
hereby denied.
PASSED, APPROVED and ADOPTED on this 8th
day of May , 1989.
CO LIAvI
Mayor
ATTEST:
City Clerk
c:\Lawyer\ord\cse374.Aj
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The foregoing Resolution No. 592 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DENYING A CONDITIONAL USE PERMIT
IN ZONING CASE NO. 374
was adopted at a regular meeting of the City Council
on May 8, 1989 by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Swanson,
Mayor Leeuwenburgh
NOES: None
ABSENT: Councilwoman Murdock
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