2019-08 RESOLUTION NO. 2019-OS
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW AND
A CONDITIONAL USE PERMIT FOR GRADING AND CONSTRUCTION OF
A NEW STABLE WITH A LOFT IN ZONING CASE NO. 953 AT 13
PORTUGUESE BEND ROAD, ROLLING HILLS, CA (LOT 77-RH)
(CARDENAS).
THE PLANNING COMMISSI�N DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. Sean Cardenas (Applicant) to
request a Site Plan Review for 1,470 cubic yard of grading (total cut and fill with dirt to
be balanced on site) and a Conditional Use Permit to construct a new 2,464 square foot
stable, including a 702 square foot tack room, 56 square foot bathroom, and a 896 square
foot loft, with 1,024 square feet of covered porches. With the proposed grading, the
disturbed area of the lot would be the same as the existing at 67.1%.
Section 2. The Planning Coininission conducted duly noticed public hearings
to consider the application on December 12, 2018 and January 15, 2019 and at a field trip
on January 15, 2019. At the January 15, 2019 evening meeting, the Planning Commission
directed staff to prepare a Resolution of Approval. Two Planning Commissioners were
recused from the project. Neighbors within a 1,000-foot radius were notified by mail of
the public hearings and a notice was published in the Peninsula News on November 29,
2018. Due to lack of quorum, the Resolution of Approval could not be decided upon at
the February, March, April, or May 2019 Planning Commission meetings, and was
continued to the June 25, 2019 Adjourned Planning Commission meeting. The
Applicant and his agent were notified of the public hearings and the Applicant was in
attendance at the hearings. Evidence was heard and presented from all persons
interested in affecting said proposal and from members of the City staff. Adjacent
neighbors and a member of the public collectively voiced written and verbal objections
to the project.
Section 3. The property is zoned RAS-1 and the gross lot area is 2.12 acres. For
development purposes, the net lot area of the lot is 79,761 square feet. The property is
currently developed with a 3,436 square foot residence, 1,213 square foot detached
garage, a 1,505 square foot stable with corral, and a swimming pool and spa. The corral
is located in the front yard area and is legal non-conforming.
Section 4. The Planning Commission finds that the project is categorically exempt
pursuant to Section 15303, Class 3 (New Construction or Conversation of Small
Structures) of the California Environmental Quality Act (CEQA) because it involves the
demolition of an existing stable (1,505 square feet) and construction of a new stable
(2,464 square feet) which is an accessory structure as well as accompanying grading for
the construction.
Section 5. Section 17.18.050 of the Rolling Hills Municipal Code (RHMC)
permits approval of a stable over 200 square feet with a Conditional Use Permit subject
to the requirements for stables set forth in Section 17.18.060 of the RHMC. The project
proposes construction of a new stable (2,464 square feet). With respect to this request for
a Conditional Use Permit, the Planning Commission finds as follows:
A. The proposed conditional use is consistent with the General Plan. The
granting of a Conditional Use Permit for the new stable is consistent with the purposes
and objectives of the General Plan because the stable is consistent with similar uses in
the community, meets all the applicable code development standards for a stable, and is
located in an area on the property that is adequately sized to accommodate such
equestrian use. The proposed use is appropriately located in that it will be sufficiently
separated from nearby structures used for habitation or containing sleeping quarters
Reso.2019-08 1
13 Portuguese Bend Road
with over 35 feet in distance. The development of the stable would be constructed in
furtherance of the General Plan goal of promoting and encouraging equestrian uses.
S. 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. The proposed
stable will not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures because the proposed stable's orientation places the openings
with the most frequent use away from neighbors and its general location is of sufficient
distance from nearby residences so as to not impact views of surrounding neighbors.
The proposed stable is to be located separate from all living areas on the property and
will be located generally in the same location as an existing stable is located.
C. The site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed. The stable complies with the City's
adopted Stable Guidelines and development pattern of the community. The lot is 1.83
acres in size, for development purposes, and 2.12 acres gross. It is sufficiently large to
accommodate the proposed use. The footprint of the proposed enlarged stable fully
encompasses the existing stable footprint so there is neither a significant change in the
location of the existing equestrian uses nor a significant effect on the property.
D. The proposed conditional use complies with all applicable development
standards of the zone district. The proposed conditional use complies with all
applicable development standards, including the requirements for stables set forth in
Section 17.18.060. The stable will not be located in the front yard or in any setback. The
stable will be located no less than twenty-five feet from the side property lines and from
rear property line. The stable is designed so that at least 60% of the entire structure will
be maintained for agricultural space and a maximum of 40%, but not to exceed 800
square feet, of the entire structure will be maintained as a tack room. The tack room is
also authorized to have a bathroom. The stable is also authorized to have a loft. The
proposed stable does not require any variances.
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.
F. The proposed conditional use observes the spirit and intent of this title.
The proposed stable observes the spirit and intent of the zoning title because it provides
for a use that is encouraged throughout the City as each property is required to have a
stable and corral or a set aside therefor. It also meets all development standards and
therefore observes the spirit and intent of the zoning ordinance.
Section 6. Section 17.46.020 requires Site Plan Review for any grading. The
project proposes 1,470 cubic yard of grading (total cut and fill with dirt to be balanced
on site) for construction of the stable and the new pervious section of driveway off the
existing driveway that will provide vehicular access to the new stable. With respect to
the Site Plan Review for grading, the Planning Commission makes the following
findings of fact:
A. The project complies with and is consistent with the goals and policies of
the general plan and all requirements of the zoning ordinance. The proposed grading is
compatible with the General Plan and the Zoning Ordinance because its purpose is to
grade for an equestrian facility, which is encouraged by the City, and the grading will
be performed on a previously graded area and therefore will not result in additional
disturbance. Grading will only be needed to level the area due to the demolition of an
existing stable, the addition of the new stable, and addition of the pervious section of
the driveway leading to the stable. The development will be compatible with low-
density residential development with sufficient open space between surrounding
structures and will maintain sufficient setbacks to provide buffers between residential
Reso.2019-08 2
13 Portuguese Bend Road
uses. Although the disturbed area exceeds the maximum permitted amount of 40%, the
existing disturbance already exists and there is no proposed change in disturbance. The
grading for the equestrian use will promote the rural, equestrian aesthetic of Rolling
Hills.
S. The project substantially preserves the natural and undeveloped state of
the lot by minimizing building coverage. The only grading for the proposed project is
directly related to the construction of the new stable and the new pervious section of
driveway off the existing driveway that will provide vehicular access to the new stable.
Further, the footprint of the proposed enlarged stable fully encompasses the existing
stable footprint so there is neither a significant change in the location of the existing
equestrian uses nor a significant effect on the property. No additional disturbance of the
lot is being proposed. The total lot coverage proposed, including structures and
flatwork, will not exceed 21,637 square feet or 27.13%, of the net lot area (accounting for
deductions) which is in conformance with lot coverage limitations (35% maximum). The
project only increases the lot coverage by 3.85%.
C. The project is harmonious in scale and mass with the site, the natural
terrain and surrounding residences. The grading will be conducted largely on and
around the same location as the existing stable, in an area that was previously graded.
Portions of the lot will be left undeveloped.
D. The project preserves and integrates into the site design, to the greatest
extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls).
There will be no significant changes to the site design, as the residential uses will
remain and the new stable will take place of an existing stable. The existing topography
or topographic features will not be affected and the vegetated slopes in the rear, the
bushes in the front, and the several large trees will remain on the lot. There will be no
change to the drainage course. The additional discharge from the increased impervious
surfaces of the enlarged stable and driveway will continue to drain into the canyon
behind the stable.
E. Grading has been designed to follow natural contours of the site and to
minimize the amount of grading required to create the building area. The footprint of
the proposed enlarged stable fully encompasses the existing stable footprint so there is
neither a significant change in the location of the existing equestrian uses nor a
significant effect on the property. The proposed grading will level the already disturbed
area for the construction of the new stable and for the new pervious section of driveway
off the existing driveway that will provide vehicular access to the new stable.
F. Grading will not modify existing drainage channels nor redirect drainage
flow, unless such flow is redirected into an existing drainage course. No drainage
channels will be affected by the proposed grading. The footprint of the proposed
enlarged stable fully encompasses the existing stable footprint so there is neither a
significant change in the location of the existing equestrian uses nor a significant effect
on the property. The proposed grading will level the already disturbed area for the
construction of the new stable and for the new pervious section of driveway off the
existing driveway that will provide vehicular access to the new stable.
G. The project preserves surrounding native vegetation and mature trees and
supplements these elements with drought-tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a
buffer or transition area between private and public areas. The existing landscaping,
which will remain, provides a buffer or transition area between private and public
areas. There are several large trees existing to the south of the stable, which will remain.
In addition, the existing drought tolerant bushes along the front of the property will
also rernain. To the rear of the stable is vegetated descending slope leading to a bridle
trail, retaining the rural character of the community.
Reso.2019-08 3
13 Portuguese Bend Road
H. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles. The grading provides for a no less than 6-foot
wide roughened surface or dirt vehicular access from the main driveway to allow
delivery of feed to and removal of waste from the stable. The pervious vehicular access
is 22 feet wide that provides greater access to the stable and movement around the
property.
I. The project conforms to the requirements of the California Envirorunental
Quality Act. The project is categorically exempt pursuant to Section 15303, Class 3 (New
Construction or Conversation of Small Structures) of the California Environmental
Quality Act (CEQA) because it involve the demolition of an existing stable (1,505 square
feet) and construction of a new stable (2,464 square feet) which is an accessory structure
as well as accompanying grading for the construction.
Section 7. Sased upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 953 for Site Plan Review for 1,470 cubic yards of
grading to be balanced on site and Conditional Use Permit to construct a new 2,464
square foot stable, including a 702 square foot tack room, 56 square foot bathroom, and a
896 square foot loft, with 1,024 square feet covered porches, subject to the following
conditions:
A. The Conditional Use Permit and Site Plan approvals shall expire within
two years from the effective date of approval as defined in Sections 17.46.070 and
17.42.080 of the Zoning Ordinance, unless otherwise extended pursuant to the
requirements of these sections.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
Ciiy Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City Council.
The hearing shall be scheduled at the next regular meeting of the City Council for
which the agenda has not yet been posted; the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency of
the hearing. The City Council shall make a determination as to whether a violation of
this Resolution has occurred. If the Council determines that a violation has not occurred
or has been cured by the time of the hearing, the Council will lift the suspension and the
stop work order. If the Council determines that a violation has occurred and has not yet
been cured, the Council shall provide the Applicant with a deadline to cure the
violation; no construction work shall be performed on the property until and unless the
violation is cured by the deadline, other than work designated by the Council to
accomplish the cure. If the violation is not cured by the deadline, the Council may
either extend the deadline at the Applicant's request or schedule a hearing for the
revocation of the entitlements granted by this Resolution pursuant to Chapter
17.58 of the RHMC.
C. All requirements of the Building 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.
Reso.2019-08 4
13 Portuguese Bend Road
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated January 2, 2019, 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 Review and Conditional Use Permit approvals shall be incorporated
into the building permit working drawings, and where applicable complied with prior
to issuance of a grading or building permit from the building department.
The conditions of approval of this Resolution shall be printed onto building plans
submitted to the Building Department for review and shall be kept on site at all times.
Any modifications and/or changes to the approved project, including resulting from
field conditions, shall be discussed and approved by staff prior to implementing the
changes.
E. Prior to submittal of final working drawings to 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 Cominission.
F. 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 affirming that the project will be constructed
according to this Resolution and any plans approved therewith.
G. Structural lot coverage of the lot shall not exceed 10,497 square feet or
13.16% of the net lot area (accounting for deductions), in conformance with lot coverage
limitations (20% maximum).
The total lot coverage proposed, including structures and flatwork, shall not exceed
21,637 square feet or 27.13%, of the net lot area, (accounting for deductions) in
conformance with lot coverage limitations (35% maximum).
H. The disturbed area of the lot, including the approved stable and corral
shall not exceed 67.1%. Grading for this project shall not exceed a total of 1,470 cubic
yards with no export or import of dirt.
I. The stable building pad is proposed at 12,170 square feet and coverage
shall not exceed 27.46%.
J. The ridge height of the stable shall not exceed 24' from the finished grade
to the finished surface of the roof. Two cupolas may be constructed, subject to the
RHCA Architectural Committee review and approval.
K. The loft, if used for other than storage of hay and feed, may have
removable glazed openings. The loft may not be used as a tack room. The plate height
for the wall of the loft shall be no greater than 7 feet.
L. Direct access to the stalls shall be of decomposed granite or like, 100%
pervious material; direct access to the tack room may not be entirely paved.
M. A minimum of five-foot walkable path and/or walkway, which does not
have to be paved, shall be provided around the entire perimeter of the stable.
Reso.2019-08 5
13 Portuguese Bend Road
N. At any time there are horses on the property, Best Management Practices
(BMPs) shall be applied for manure control, including but not be limited to removal of
the manure on a daily basis or provision of a receptacle with a tight closing lid that is
constructed of brick, stone, concrete, metal or wood lined with metal or other sound
material and that is safeguarded against access by flies. The contents of said receptacles
shall be removed once a week. It is prohibited to dispose of manure or any animal
waste into the Municipal Separate Storm Sewer System (MS4), into natural drainage
course or spread on the property.
O. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting for the
stable; roofing material requirements of properties in the Very High Fire Hazard
Severity Zone, and all other ordinances and laws of the City of Rolling Hills and the LA
County Building Code.
P. All utility lines to the stable shall be placed underground, subject to all
applicable standards and requirements.
Q. Hydrology, soils, geology and other reports, as required by the Building
and Public Works Departments, and as may be required by the Building Official, shall
be prepared.
R. Prior to issuance of a building permit, if Fire Department Fire Fuel
Modification plan is required, such approved plan shall be submitted to the City. If any
trees or shrubs are to be planted for the stable project, such shrubs or trees shall not
grow into a hedge or impede any neighbors' views and the plan shall provide that they
shall be maintained at a height no higher than the roofline of the stable. The
landscaping plan shall utilize to the maximum extent feasible, plants that are native to
the area, are water-wise and are consistent with the rural character of the community. If
applicable, the landscaping shall be subject to the requirements of the City's Water
Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC).
S. The north property line, easement line and setback line in the vicinity of
the construction of this project shall remain staked throughout the construction. The
silhouette (story poles) shall be taken down and removed from the property
immediately upon completion of the review process of the project.
T. Minimum of 65% of any construction materials must be recycled or
diverted from landfills. The hauler of the materials shall obtain City's Construction and
Demolition permits for waste hauling prior to start of work and provide proper
documentation to the City.
U. A construction fence may be allowed or may be required by the
City or the Building Department staff for the duration of the construction of the project.
City staff shall approve the location and height of the fence. The construction fence shall
not be placed more than 15 calendar days prior to commencement of the construction
and shall be removed within 15 calendar days of substantial completion of the project as
determined by City staff or at any given time at the discretion of City staff.
V. Placement of one construction and one office trailer may be permitted for
the duration of on-site construction activities during an active building permit; each
shall be no larger than 8' x 40' in size, and must be authorized by City staff with such
authorization being revoked at any point deemed reasonable by City staff. Such trailers,
to maximum extent practicable shall be located in a manner not visible from the street.
Unless otherwise approved by staff, with proof of a good cause, such trailers shall not
be located in any setback or front yard, rnay be placed on the site no more than 15
calendar days prior to commencement of construction and must be removed within 15
calendar days of expiration of a building permit, revocation, or finalization of the
project.
Reso.2019-08 6
13 Portuguese Bend Road
W. Prior to any demolition of the existing structures associated with the
project, an investigation shall be conducted for the presence of hazardous chemicals,
lead-based paints or products, mercury and asbestos-containing materials (ACMs). If
hazardous chemicals, lead-based paints or products, mercury or ACMs are identified,
remediation shall be undertaken in compliance with California environmental
regulations and policies.
X. Construction vehicles or equipment, employees vehicles, delivery trucks
shall not impede any traffic lanes to the maximum extend practical; and if necessary to
block traffic in order to aid in the construction, no more than a single lane may be
blocked for a short period of time and flagmen utilized on both sides of the impeded
area to direct traffic.
Y. During construction, conformance with the air quality management district
requirements, storm water pollution prevention practices, county and local ordinances
and engineering practices shall be required, so that people or property are not exposed
to undue vehicle trips, noise, dust, and objectionable odors.
Z. During construction, all parking shall take place on the project site, and, if
necessary, any overflow parking may take place within the unimproved roadway
easements and shall not obstruct neighboring driveways or pedestrian and equestrian
passage. During construction, to the maximum extent feasible, employees of the
contractor shall car-pool into the City. A minimum of 4' wide path, from the edge of the
roadway pavement, for pedestrian and equestrian passage shall be available and clear
at all times.
AA. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day bettiveen 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.
AB. 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.pho?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
extinguisher.
AC. The property owners shall be required to conform with the Regional
Water Quality Control Soard and County Public Works Department Best Management
Practices (BMP's) requirements related to solid waste, drainage and septic tank
construction and maintenance in conformance with the County Health Department.
AD. Prior to finaling of the project an "as graded" and "as constructed" plans
and certifications, including certifications of the ridgeline of the stable, shall be
provided to the Planning Department and the Building Department to ascertain that the
completed project is in compliance with the approved plans. In addition, any
modification made to the project during construction, shall be depicted/listed on the
"as built/as graded" plan.
Reso.2019-OS 7
13 Portuguese Send Road
AF. 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. The
affidavit shall be recorded together with the resolution.
PASSED, APPROVG ND ADOPTED THIS 25TH DAY OF JUNE 2019.
� %' ,;'
- , � � / �
r'F' I f
: ; .�L.��`�..i. ..
B�AT'�CHEL'F�, CHAIRM I
f
AT"I'�T:
� +
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 Civi1 Procedure Section
1094.6.
Reso.2019-OS S
13 Portuguese Bend Road
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF R�LLING HILLS )
I certify that the foregoing Resolution No. 2019-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW AND
A CONDITIONAL USE PERMIT FOR GRADING AND CONSTRUCTION OF
A NEW STASLE WITH A LOFT IN ZONING CASE NO. 953 AT 13
PORTUGUESE BEND ROAD, ROLLING HILLS, CA, (LOT 77-RH)
(CARDENAS).
was approved and adopted at an adjourned regular meeting of the Planning
Commission on June 25, 2019,by the following roll call vote:
AYES: COOLEY, KIRKPATRICK, AND CHAIR CHELF.
NOES: NONE.
ABSENT: SEABURN.
ABSTAIN: CARDENAS (recused).
and in compliance with the laws of California was posted at the following:
Administr r�ive Offices
.
, �
�
� }
�ITY P K
f
;
;
i �_._..
i
i
i
Reso.2019-08 10
13 Portuguese Bend Road