2015-16RESOLUTION NO. 2015 -16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE, CORRAL, RIDING RING AND
TURNOUT AREA IN ZONING CASE NO. 879 AT 1 PINE TREE LANE,
(LOT 102-RH), (DELGADO),
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. Jerry Delgado with respect to
real property located at 1 Pine Tree Lane (Lot 102-RH), Rolling Hills, CA requesting a
Conditional Use Permit to construct a 2,976 square foot one story stable, 4,500 square
foot corral, 8,965 square foot riding ring and a Site Plan Review for grading of total of
300 cubic yards of dirt and construction of a 1,965 square foot (50 -foot diameter)
turnout. The proposed stable structure, corral and riding ring will be located outside of
the 50 -foot rear yard setback, but a paddocks area adjoining the stable and portion of
the turnout will encroach, respectively, 16 -feet and 10 -feet into the rear yard. Pursuant
to the Zoning Ordinance, stables and corrals may be located 25 -feet from the rear
property line.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip to the property on June 16, 2015 and July 7,
2015, and at regular Planning Commission meetings on May 19, June 16 and July 7,
2015. The applicants were 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 reviewed,
analyzed and studied said proposal. The applicant and their representatives were in
attendance at the hearings.
During the course of the proceedings, it was determined that a Variance was not
required for exceedance of disturbed area because the resulting grading would not
create slope steeper than 3:1 and the total disturbance will not exceed 60% of the net lot
area. Also during the course of proceedings, to address concerns of visual bulk, the
applicant revised the application to reduce the height of the stable by eliminating a loft,
construct 65 lineal feet of ventilation element at a 19 -foot height, and reconfigure the
stable so that it would be located out of the rear setback.
Section 3. The property is zoned RAS -2 (Residential Agricultural -Suburban, 2
acre minimum lot size) and is located at the intersection of Pine Tree Lane and
Portuguese Bend Road. The lot area (excluding the roadway easement) is 5.68 acres.
The net lot area for development purposes is 203,160 square feet or 4.66 acres. Access to
the property is from Pine Tree Lane, via an existing driveway. Access to the proposed
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stable is via a minimum 10 -foot wide dirt/gravel access way that will join the existing
driveway with a maximum slope of 6%. An 818 square foot living area addition was
administratively approved in November 25, 2014 (and is under construction) and a
garage addition and 3,021 square feet of decks were approved by the Planning
Commission through a Site Plan Review on January 15, 2015. Recently, an over-the-
counter permit has been approved to allow the demolition of the existing pool, and
replacement with a 744 square foot pool in the same general location.
Section 4. The Planning Commission finds that the project qualifies as Class 3
Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality
Act) Guidelines and is therefore exempt from environmental review.
Section 5. Section 17.18 of the Rolling Hills Municipal Code permits approval
of a stable over 200 square feet, a corral over 550 square feet, and riding ring 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. Conditionally permitted uses are not outright permitted by the Rolling
Hills Municipal Code. The Commission must consider applications for conditional use
permit and may, with such conditions as are deemed necessary, approve a conditional
use which will not jeopardize, adversely affect, endanger or to otherwise constitute a
menace to the public health, safety or general welfare or be materially detrimental to the
property of other persons located in the vicinity of such use.
B. The granting of a Conditional Use Permit for the construction of the stable
and corral 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 (including
proposed 19.4% tack area), corral and riding ring, and the area is located in an area on
the property that is adequately sized to accommodate the stable and adjoining corral.
The proposed stable structure and all proposed equestrian uses (paddocks, wash area,
riding ring and turnout area) is appropriately located in that it will be sufficiently
separated from nearby structures used for habitation or containing sleeping quarters.
C. 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. The proposed stable and corral are to be located largely on an already
graded area, with relatively minor amount of grading needed to enlarge the stable and
create new riding ring and turnout areas, therefore preserving the natural terrain of the
remaining of the property.
D. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the stable, as revised to a lower height and
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increased distance from the rear property line than initially proposed, complies with the
low profile residential development pattern of the community and will not give the
property an over -built look, and the corral, and riding ring areas will remain open and
unobstructed. The lot is 5.68 acres net in size and is sufficiently large to accommodate
the proposed structure.
E. The proposed conditional uses comply with all applicable development
standards of the zone district and requires a Conditional Use Permit pursuant to Section
17.18.050(A) of the Zoning Ordinance.
F. The proposed conditional uses are 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 6. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval before any grading requiring a grading permit or any
building or structure may be constructed. With respect to the Site Plan Review
application for the grading for a new stable and enlarged corral, turn out and riding
ring, the Planning Commission finds as follows:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed project complies with the
General Plan requirement of low profile, low-density residential development with
sufficient open space between surrounding structures. The development conforms to
Zoning Code setbacks and lot coverage requirements. The proposed project is screened
from the road so as to reduce the visual impact of the development.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new structure,
as revised, will not cause the lot to look overdeveloped. The applicant is utilizing an area
of the lot that is relatively flat and requires minimal grading. The applicant revised his
application to reduce visual impact. Significant portions of the lot will be left
undeveloped so as to maintain open space on the property. The structures will be
screened. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction will
not adversely affect or be materially detrimental to the adjacent uses, buildings, or
structures because the proposed structures will be constructed on a portion of the lot
which is least intrusive to surrounding properties, is located in an area previously
developed with similar uses, but smaller, will be screened and landscaped with trees
and shrubs, is of sufficient distance from nearby residences and will substantially utilize
the existing relatively flat area for the new construction.
C. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General Plan establishes the maintenance of
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strict grading practices to preserve the community's natural terrain. The Building Code
and the Zoning Ordinance require a balanced cut and fill ratio and do not permit
import or export of soil, except under special circumstances applicable to a property
and with a discretionary permission by the Planning Commission. The project conforms
to the grading requirements and Zoning Code setbacks.
D. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The lot coverage
maximum set forth in the Zoning Code will not be exceeded and the proposed project is
consistent with the scale of the neighborhood and will substantially utilize the existing
relatively flat area for the new construction. The proposed project is in furtherance of
City's goal to construct equestrian facilities.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
stable development will provide an accessway that is tributary to an existing on-site
driveway approach that serves the residential garage.
Section 7. Based upon the foregoing findings in Section 5 and 6 the Planning
Commission hereby approves Zoning Case No. 879 a Conditional Use Permit for a
stable, corral, and riding ring and a Site Plan Review for the stable structure and
grading, subject to the following conditions:
A. The Conditional Use Permit and Site Plan Review approvals shall expire
within two years from the effective date of approval as defined in Sections 17.38.070
17.46.080 and 17.42.070, unless otherwise extended pursuant to the requirements of
these sections.
B. It is declared and made a condition of this approval that it 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 fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
C. 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 unless otherwise set forth in this permit, or shown otherwise on an
approved plan.
D. The conditions of approval specified herein shall be printed on the
construction plans submitted to the buidling department for plan check and permitting
and shall be available at all time at the construction site.
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E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 30, 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 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.
G. The 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 25,115 square feet or
12.3% 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
45,915 square feet or 22.6%, of the net lot area, in conformance with lot coverage
limitations (35% max).
I. The size of the stable structure (2,976 sq.ft.) shall be measured from the
exterior surface of the outside wails. The height of the stable at the highest ridge shall
not exceed 14'6" and the ventilation element shall not exceed 19' in height and 65' in
length.
J. Grading for this project shall not exceed 300 cubic yards total (cut and fill)
and shall be balanced on-site. The riding ring, corral and turn out shall be fenced in.
K. The stable building pad (which also includes the residence, garage and
pool) is 44,500 square feet and the coverage on this pad shall not exceed 38.9%.
L. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), and roof covering (RHMC
17.16.190), as well as all other development standards.
M. All utility lines to the stable shall be placed underground.
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N. A drainage plan, if required by the Building Department shall be prepared
and approved by City Staff prior to issuance of a construction permit. Such plan shall be
subject to County Code requirements.
O. The stable uses, interior and exterior design are subject to the
requirements of Section 17.18.060 of the RH Zoning Ordinance. Any future modification
to the stable, including interior modifications which would increase the size of the 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 staff for compliance with requirements
for stables. The surface of the corral, paddock, riding ring and areas adjacent to the
agricultural portion of the stable shall remain permeable at all times and not be paved
or covered by pavers, including when the structure is not used for keeping horses.
P. If trees or shrubs are planted with this project, they shall be of a type that
do not grow higher than the ridge line of the stable and shall be maintained at such
height at all times, so as not to impair neighbors' view. The landscaping, if planted,
shall include native drought -resistant vegetation and be planted in an offset manner so
that not to result in a hedge like screen. If landscaping of 5,000 square foot area or
greater is introduced for the stable and adjacent areas, the landscaping shall be subject
to the requirements of the City's Water Efficient Landscape Ordinance.
Q. Perimeter easements and trails, if any, including roadway easements 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.
R. 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.
S. 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.
T. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways. During construction, to
maximum extend feasible; employees of the contractor shall car-pool into the City.
U. 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. The stable bathroom facility shall be connected to a
septic system on the property.
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V. 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/lox/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. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
W. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
building permit.
X. 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, �LYPRQViB-AW ADOPTED THIS 21st DAY OF JULY 2015.
CHAIRM
ATTEST:
wa"
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.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-16 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT AND SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A STABLE, CORRAL, RIDING RING AND
TURNOUT AREA IN ZONING CASE NO. 879 AT 1 PINE TREE LANE,
(LOT 102 -R -H), (DELGADO).
was approved and adopted at regular meeting of the Planning Commission on July 21
2015 by the following roll call vote:
AWN: Commissioners Cardenas, Gray, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Kirkpatrick.
and in compliance with the laws of California was posted at the following:
Administrative Offices
vakta) --
HEIDI LUCE, CITY CLERK
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