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0910RESOLUTION NO. 910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO APPROVE AN UNAUTHORIZED CONVERSION OF AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE PROPOSED GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643, (NORRIS). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mrs. Harlyne Norris with respect to real property located at 3 Johns Canyon Road, Rolling Hills, (Lot 173- B -MS), requesting a conditional use permit to convert an existing building, which was previously approved for a stable use, but altered without permission during construction, to a guesthouse and requesting a variance to permit the proposed guesthouse to remain in the front yard area and to encroach into the northeast side yard setback, all with respect to a lot developed with an existing single- family residence. Section 2. On May 6, 2000, the Planning Commission approved a Variance to enlarge the then existing 400 square foot stable to 720 square feet by allowing a portion of the enlarged stable to be located in the front yard area and a portion to encroach up to 6 feet into the 35 foot northeast side yard setback. During the course of construction of the addition to the stable pursuant to the approved Variance, it was determined by the Los Angeles County Building Official that the addition was not in compliance with the plans for the approved application for an enlarged stable in that it appeared that the structure was not being constructed to serve as a stable, and a "stop work order" was issued. The only alternatives available to the applicant were to construct the building as a stable in accordance with approvals, or apply to the City for an alternative use of the building. Section 3. In July 2001, the applicant submitted a request for a CUP to convert the already enlarged stable building to a detached garage. During the course of the public hearings the applicant withdrew the request for the detached garage. Afterwards, the applicant submitted a revised request to convert the existing building into a mixed-use structure to be used as a garage and an office. At the October 16, 2001 Planning Commission meeting, the Commission directed staff to prepare a Resolution of denial for the mixed-use structure to be considered by the Planning Commission at its November 20, 2001 meeting. Subsequently, and prior to the November 20`'', Planning Commission meeting, the applicant withdrew the request for the mixed-use structure, and applied for a Conditional Use Permit to convert the existing structure to a guesthouse. At the November 20, 2001 meeting, the Planning Commission directed staff to prepare a Resolution to deny the request for a Conditional Use Permit to convert the altered stable structure into a guesthouse. The Planning Commission on December 18, 2001 adopted a Resolution of denial. Section 4. The Planning Commission's consideration of the various applications described in Section 3 above was conducted at several duly noticed public hearings on July 17, 2001, August 21, 2001, September 18, 2001, October 16, 2001, November 20, 2001. The Commission also conducted a noticed and public field trip visit to the site on August 6, 2001. The applicant was notified of the public hearings in writing by first class mail. On each public hearing date, evidence was presented from all persons interested in the proposal then being Resolution No. 910 -1- considered by the Commission. The applicant's representative was in attendance at the hearings. Section 5. On February 15, 2002, the applicant filed an appeal of the Planning Commission's decision. The City Council conducted duly noticed public hearings to consider the appeal on January 28, 2002, February 25, 2002 and at a field trip visit on February 5, 2002. Evidence was presented from all persons interested in the appeal, and fully considered by the City Council. The applicant's representative was in attendance at the hearings. Section 6. Section 17.16.040(A) of the Rolling Hills Municipal Code allows guesthouses, provided a conditional use permit has been issued and provided that the property is developed with a legally established single family residence and on which provision is made for a legally required and accessible stable and corral area. Therefore, if the applicant was to be issued a conditional use permit and variance for conversion of the stable to a guesthouse, the applicant was also required to provide a suitable area on the parcel for a future stable and corral. Section 7. The applicant has proposed a location of the future barn and corral in front of the proposed guesthouse, which would be located in the front yard area. Pursuant to the City's Zoning Ordinance no accessory structures may be located in the front yard area; therefore, the future construction of a barn and corral in the proposed location would require an approval of a Variance. Section 8. Sections 17.16.210(A)(5) of the Rolling Hills Municipal Code permits approval of a guesthouse as a conditional use under certain conditions. The applicant is requesting to convert a previously approved 720 square feet stable to a guesthouse located at the eastern portion of the lot. With respect to this request for a Conditional Use Permit, the City Council finds as follows: A. The proposed conditional use does not comply with all applicable development standards of the zone district in which it is located, because the 720 square foot proposed guesthouse would encroach into the side yard setback and would be located in the front yard of the property. Placement of a guesthouse in the front yard setback is also not consistent with the location of guesthouses on similarly sized parcels in the community. B. The approval of the conditional use permit for the conversion, would necessitate the approval of a future Variance for the construction of a stable and corral which would be located in the front yard area, in that the applicant is unable to identify any other area on the lot for a future stable site. In that the existing structure was constructed to be a stable pursuant to a Variance, allowing the conversion would, in effect, further increase the degree to which the property is developed in a manner inconsistent with Code requirements by crowding more structures into the front and side yard setbacks. C. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the conversion to a guesthouse will adversely affect and be materially detrimental to these adjacent uses, buildings, or structures because the proposed guesthouse is relatively close to nearby residences, and is visible from the roadway, which makes it more visually prominent than appropriate under the existing development pattern of the City. Section 9. Sections 17.12.250(Y) and Section 17.16.150 state that front yards and all required yards must be unobstructed and unoccupied, except as otherwise provided in the Zoning Code. In addition, Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance, under certain circumstances. A Variance would be required because the proposed guesthouse would be located in the front yard and encroach into the side yard setback. With respect to this request for the Variances, the City Council finds that there are no special circumstances applicable to the property that deny the property owner of privileges enjoyed by other property in the vicinity. There is other location on the property where such use could be located in compliance with the setback requirements of the Municipal Code. The requested Variance would of necessity Resolution No. 910 -2- contemplate that both the guesthouse and future stable would be located in the front yard and the required setbacks, rather than just the stable as at present. The Variance is not required for, the applicant to make beneficial use of the property; the request would constitute a special privilege to the extent that so much development would be permitted in the front yard and setback areas intended to be free and clear of buildings, serving as a buffer from streets and neighboring properties. Section 10. Based upon the foregoing findings, the City Council hereby denies the Conditional Use Permit and Variances applications for Zoning Case No. 643 for the conversion of a previously approved barn to a guesthouse and to allow the proposed guesthouse to remain in the front yard and continue to encroach into the side yard setback at an existing single family residence. Section 11. The applicant's un -permitted conversion of the previously approved barn to a different use constitutes a Code violation. Staff is directed to require the applicant to bring the structure into compliance with the previously approved Site Plan and Variance for the enlarged barn and meet the requirements of City Code, pertaining to stables and corrals. Therefore, the applicant shall undertake the following actions within six months of this Resolution, and prior to receiving a certificate of occupancy from the Los Angeles County Building and Safety Department: A. The conditions of approval of. Resolution No. 2002-10, which among other Variances granted a Variance for the location and enlargement of the barn, shall remain in full force and effect. B. The existing garage doors located on the east and west sides of the "as built" structure, and related garage door opener shall be removed and replaced with one standard stable like door to be located on the west side of the structure only, to the satisfaction of the Rolling Hills Community Association (RHCA). C. All other requirements of the RHCA for the conversion of the "as built" structure to a barn shall be met. D. The carpeting and linoleum in the southern portion of the interior of the structure shall be removed and the floor shall remain bare or be concrete. E. Exterior lighting shall comply with Section 17.16.190 of the City of Rolling Hills Zoning Ordinance. F. The existing dirt roadway leading to the structure shall be landscaped to the satisfaction of City staff. However, a not to exceed 48 inches wide access to the stable shall be provided to accommodate delivery to and removal of waste from the barn. Such path shall not exceed a slope of 25% and may be paved. G. A landscaping plan for the existing dirt roadway and the area northeast thereof, shall be submitted to City staff for review and approval. H. All conditions of the stop work order issued by the Building Official dated 6/25/01 shall be met. I. The stable shall be used for the exclusive purpose of keeping animals only. Commercial uses shall not be permitted. J. No vehicle storage of any kind shall be permitted in the stable. Except that vehicle(s) necessary for keeping of animals and related equestrian equipment may be stored. K. No sleeping facilities shall be permitted. L. No kitchen or other cooking facilities shall be permitted. Resolution No. 910 -3- M. A revised site plan incorporating all of the above requirements for conversion of the "as built" structure to a stable, together with Rolling Hills Community Association's approved plans shall be submitted to City staff for review and approval. Section 12. During the process of public hearings, drainage and hydrology problems were identified on subject property. The property slopes from south to northeast and the existing drainage run-off cause erosion of the northern and eastern slopes of the property and overflows onto the adjacent property. Therefore, the City Council finds that it is necessary to rectify the drainage effect on subject property and the actions to correct said drainage shall incorporate the following measures: A Gutters and downspout system shall be installed on the roof of the barn structure. Such gutters shall discharge to the drainage swale. B. A drainage swale to be located along the southern side of the barn and continuing in a northeasterly direction along the existing unpaved driveway leading into Johns Canyon Road shall be constructed. Such swale shall be sloped away from the adjacent property (to the northeast). If required by the County Building Official, a dissipater or similar collection device shall be constructed in the easement adjacent to Johns Canyon Road in order to control erosion of the easement. C. The run-off from the recently constructed two dissipaters and a drainage pipe on the upper portion of the lot, shall be collected by an additional pipe, which shall be connected to an existing underground drainage pipe located in the easement along the easterly portion of the lot. The applicant shall coordinate with the adjacent property owners and the Rolling Hills Community Association to accomplish said connection. D. The above required drainage devices shall be constructed to the satisfaction of the City and Los Angeles County Building Department and shall be in substantial conformance with the development plan marked "Exhibit A", dated February 25, 2002. Section 13. The City Council further finds that the corrections specified in Section 11 and Section 12 of this Resolution are of great importance and are necessary to promote the health and safety of the residents of Rolling Hills, and therefore, the City Council resolve that said corrections shall be made within six months of the passage of this Resolution. PASSED, APPROVED AND ADOPTED THIS 11th DAY OF MARCH 2002. •� i ;9• • • ATTEST: MARILYN , DEPUTY CITY CLERK Resolution No. 910 -4- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 910 entitled: 1 was approved and adopted at a regular meeting of the City Council on March 11, 2002, by the following roll call vote: AYES: Councilmembers Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None . ABSTAIN: Councilmember Heinsheimer. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPU CITY CLERK Resolution No. 910 -5- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO APPROVE AN UNAUTHORIZED CONVERSION OF AN EXISTING STABLE TO A GUESTHOUSE, AND DENYING A REQUEST FOR A VARIANCE TO PERMIT THE PROPOSED GUESTHOUSE TO REMAIN IN THE FRONT YARD AREA AND TO CONTINUE TO ENCROACH INTO THE NORTHEAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3 JOHNS CANYON ROAD IN ZONING CASE NO 643, (NORRIS). 1 was approved and adopted at a regular meeting of the City Council on March 11, 2002, by the following roll call vote: AYES: Councilmembers Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None . ABSTAIN: Councilmember Heinsheimer. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPU CITY CLERK Resolution No. 910 -5-