2015-07RESOLUTION NO. 2015-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW, CONDITIONAL USE
PERMIT AND A VARIANCE TO CONSTRUCT A STABLE WITH CORRAL
THAT REQUIRE GRADING AND TO PERMIT THE STABLE A11JD CORRAL IN
THE FRONT YARD AREA IN ZONING CASE NO. 876, AT A PROPERTY
WHERE A LOT LINE ADJUSTMENT NO. 2015-02 WAS CONCURRENTLY
APPROVED, AT 77 CREST ROAD EAST, QANKOVICH).
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. Tom Jankovich with respect to
real property located at 77 Crest Road East requesting a Site Plan Review and
Conditional Use Permit to construct a stable and corral, with related grading and
maximum 3 -foot retaining wall, and a Variance to allow the stable and corral to be
located in the "front yard" on a property developed with a single family residence, at
77 Crest Road East, (APNs 7567-008-012 and 7567-008-013). The proposed stable
would contain 3,691 square feet, which includes 3,456 square feet on the ground floor
plus a 235 square foot loft. The total proposed tack use area is 700 square feet. The
stable would have a center isle and high ceiling, with a ridgeline of 18'5" high. The
corral area is proposed to be 2,000 square feet.
Concurrently with this application, the applicant applied for a lot line adjustment. The
proposed LLA would eliminate the existing lot line between 77 Crest Road East (Lot 1,
Tract 27526) and the adjoining vacant lot to the north (Lot 2, Tract 27526) thereby
merging these two lots, both zoned RAS -2, into a single parcel containing 450,811 gross
square feet, or 10.3 acres. Approval of the Site Plan Review, Conditional Use Permit
and Variance is subject to approval of the Lot Line Adjustment No. 2015-02.
Section 2 This proposal is subject to Chapter 17.18 of the Zoning Ordinance
relating to construction of stables. A Site Plan Review is required for the new structure
and grading for the stable and a Variance is required due to the proposed location of
the stable and corral, in the front yard area of the lot, (not front setback).
Section 3. The property at 77 Crest Road East is currently developed with a
single family residence.
Section 4. The Planning Commission conducted duly noticed public hearings
on the subject application on February 17, 2015, March 17, 2015 and at a field trip on
March 17, 2015. The applicant was 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
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reviewed, analyzed and studied said proposal. The applicant and applicant's
representative were in attendance at the hearings.
Section 5. The Planning Commission finds that the project qualifies as a
categorical exemption from environmental review under the California Environmental
Quality Act.
Section 6. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval subject to certain criteria, prior to performing any
amount of grading that requires a grading permit or before any new building or
structure is constructed. With respect to the Site Plan Review application requesting
grading and construction of a new stable and corral, the Planning Commission makes
the following findings of fact:
A. The approval herein of a Site Plan Review is consistent with the purposes and
objectives of the Zoning Ordinance and goals and policies of the General Plan because
the proposed stable and corral is consistent with similar uses in the community, meets
all the applicable code development standards (with approval of a Variance) and the
stable advances the General Plan goals of maintaining an equestrian lifestyle in the City
in concert with low profile, low-density residential development. The areas where the
stable and corral are to be located are adequately sized and will be sufficiently
separated from nearby structures used for habitation or containing sleeping quarters
both on and off the project site.
B. The subject lot is 10.3 acres in size and is sufficiently large to
accommodate the proposed structure and corral while maintaining considerable
amount of open space. The project proposes total lot coverage of 5.3%, which conforms
to the Zoning Code lot coverage limit of 35% (of net lot area). The proposed project will
be screened from the road and neighbors so as to reduce the visual impact of the
development.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the stable, in complying with design
requirements, will blend with the low profile residential development _pattern of the
community and will not give the property an over -built look.
D. 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/corral
orientation are away from neighbors and its general location is of sufficient distance
from nearby residences so as to not impact the view or privacy of surrounding
neighbors. Landscaping will be provided, including existing mature trees that will be
retained to screen the project from view of adjacent residences including on the east
side and new landscaping will be introduces to further screen the proposed structures.
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The project utilizes the relatively flat area near the front of the lot to the extent practical
for the proposed corral and stable, minimizing the need for grading. Grading for the
stable pad would be 1,370 cubic yards cut and fill to preserve to the degree feasible, the
natural terrain of the property.
E. The development plan follows to the maximum extent practicable, the
contours of the site to minimize grading and retain the natural drainage courses. The
graded areas will be landscaped.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the existing
driveway will be utilized.
Section 7. 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:
A. The granting of a Conditional Use Permit for the construction of the stable
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 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 both on and
off the project site.
B. 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. Additional
trees will be added to further screen the project from adjacent properties. The proposed
stable is to be located on an alreadv graded area, therefore preserving the natural terrain
of the remaining of the property. The proposed location isthemost practical due to the
location of the residence in the rear of the lot and the remaining topography on the lot
make it difficult to place the stable and corral elsewhere on the lot without great amount
of grading.
C. 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. The lot is 9.55 acres net in size and is sufficiently large to accommodate
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the proposed structure. The stable will be screened from neighbors view by trees that
will be retained and additional trees will be planted.
D. 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.
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.
Section 8. 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. The applicant seeks a variance from the requirement that front yard
area of a lot be free of structures and wishes to construct a stable and corral that would
be located in front of the leading edge of the residence, thus, in the front yard area of the
lot. 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 the subject property that do not apply generally to the other property or
class of use in the same zone in that: existing residence occupies the rear portion of the
lot, making it impossible, due to insufficient space in the rear, to locate the proposed
stable such that it would conform to setbacks, yards and required separation of the
stable from the residence. In addition, the terrain in the remaining portion of the lot,
presents constraints due to sloped conditions, and would still require a Variance due to
the exceptionally large "front yard" based on the location of the residence at the rear of
the lot.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, but
which is denied to the property in question because due to the existing grade, irregular
lot configuration it would be a hardship to locate the stable in the rear. The expansive
open space in the front yard comfortably supports a stable. The limited buildable area on
the property due to steep slopes in the rear and sides places a hardship on locating the
stable in the side or rear areas. The proposed stable is to be located on an already
partially graded area, therefore preserving the natural terrain of the remaining of the
property.
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
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which the property is located because a stable would not affect any neighbors views and
therefore property value and would be screened from them. The lot is located substantial
distance and at a lower elevation than the road and is not visible from the road.
Development of the stable in the front yard setback will allow substantial portion of the
rear of the lot to remain undeveloped.
E. 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.
F. The variance request is consistent with the General Plan. The proposed
project, together with the variance, will be compatible with the objectives, policies,
general land uses and programs specified in the General Plan and will uphold the
City's goals to protect and promote construction of equestrian facilities.
Section 9. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 876 a Site Plan Review, Conditional Use Permit for a
stable and corral and a Variance to locate the stable and corral in the front yard area of
the lot subject to the following conditions:
A. Site Plan Review, Conditional Use Permit and Variance approvals shall
expire within two years from the effective date of approval as defined in Sections
17.46.080, 17.38.080 and 17.42.070, unless otherwise extended pursuant to the
requirements of these sections.
B. This approval is subject to the recordation of the Lot Line Adjustment
application approved in Zoning Case No. 876, Lot Line Adjustment No. 2015-02
merging the two lots into one lot. No construction shall take place until proof of
recorded merger of the lots has been submitted to the City.
C. 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 fans to correct the violation within a period
of thirty (30) days from the date .of the City's determination.
D. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with, including but not be limited to lighting, roofing, undergrounding of all
of the utility lines, drainage, grading and others, unless otherwise set forth in this
permit, or shown otherwise on an approved plan.
E. The lot shall be developed and maintained in substantial conformance
with the site plans on file dated March 16, 2015 and for the size of the corral a plan
Reso.2015-07 5
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dated March 17, 2015 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.
F. 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. The conditions of approval of this
Resolution shall be printed on all plans and be available at the construction site at all
times.
G. 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.
H. Structural lot coverage of the lot shall not exceed 7,413 square feet or
1.8% of the net lot area, in conformance with lot coverage limitations (20% maximum).
The total lot coverage proposed including structures and flatwork shall not exceed
22,128 square feet or 5.3%, of the net lot area, in conformance with lot coverage
limitations (35% max).
I. Grading for this project shall not exceed 1,370 cubic yards and be
balanced on site. The disturbed area of the lot shall not exceed 11.9% of the net lot area.
J. The stable uses are subject to the requirements of Section 17.18 of the RH
Zoning Ordinance. The maximum height of the highest ridgeline of the stable shall
not exceed 18'5". The surface of the corral, paddocks and turnout for the horses, if
any, must remain pervious at all times. The access to the stable may not be entirely
paved and may have a D.G. surface and may not exceed a slope of 25%.
K. Any future modification to the stable, including interior modifications
which would increase the size of the loft on the upper level, tack room, vehicle storage
area and other non-agricultural areas, or any changes to the uses within the stable
shall be subject to review by the Planning Commission pursuant to CUP requirements
for stables.
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L. All utility lines to the stable shall be placed underground, subject to all
applicable standards and requirements.
M. A drainage plan shall be prepared and approved by City Staff prior to
issuance of a grading permit. Such plan shall be subject to LA County Code
requirements for hillside development, and City's Low Impact Development
Ordinance.
N. If due to the construction the common driveway is damaged, it shall be
the applicant's responsibility to make repairs to the driveway.
O. Prior to issuance of building permits, two copies of a landscape plan
shall be submitted for review and approval by the Planning Department and shall
include native drought -resistant vegetation. The existing trees and vegetation along
the eastern portion of the lot shall remain and additional vegetation shall be planted
to screen the stable from the residences above and to the west. The landscaping plan
shall utilize to the maximum extent feasible, plants that are native to the area and are
consistent with the rural character of the community. The trees, when planted, shall
be of substantial size and height so that the stable is sufficiently screened from the
homes above. Plants and trees shall not grow higher than the ridgeline of the stable.
If landscaping of 5,000 square foot area or greater is introduced for the stable
and corral area, the landscaping shall be subject to the requirements of the City's
Water Efficient Landscape Ordinance.
P. Perimeter easements and trails, if any, 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.
Q. 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.
R. 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.
S. 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. At no time shall construction or personal vehicles block the common
driveway.
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T. 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.
U. Approval from Rolling Hills Cmommunity Assocation shall be required.
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.
PASSED, APPROVED
ADOPTED THIS 21th DAY OF APRIL 2105.
ATTEST:
SW'1v410AV1Uj
HEIDI LUCE, CITY CLERK
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. 2015-07 8
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STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES )�
CITY OF ROLLING HILLS }
I certify that the foregoing Resolution No. 2015-07 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW, CONDITIONAL USE
PERMIT AND A VARIANCE TO CONSTRUCT A STABLE WITH CORRAL
THAT REQUIRE GRADING AND TO PERMIT THE STABLE AND CORRAL IN
THE FRONT YARD AREA IN ZONING CASE NO. 876, AT A PROPERTY
WHERE A LOT LINE ADJUSTMENT NO. 2015-02 WAS CONCURRENTLY
APPROVED, AT 77 CREST ROAD EAST, GANKOVICH).
was approved and adopted at regular meeting of the Planning Commission on
April 21, 2015 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick and Chairman Chelf.
NOES: Vice Chairperson Smith.
/.11-131OLIN 1 ►I n
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
_- A -4 1_�
HEIDI LUCE, CITY CLERK
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ZC No. 876