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2019-11.pdf RESOLUTION NO. 2019-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING 689 SQUARE FOOT STABLE, TO A MIXED-USE STRUCTURE IN ZONING CASE NO. 959 AT 49 EASTFIELD DRIVE (LOT 33-EF) ROLLING HILLS, CA, (WALDMAN). 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. and Mrs. Waldman (Applicants) with respect to real property located at 49 Eastfield Drive (Lot 33-EF) requesting a Conditional Use Permit to convert an existing 689 square foot stable to a mixed use structure, 450 square foot recreation room and a 239 square foot storage space, while reserving an area for future stable and corral elsewhere on the lot. Section 2. The property is zoned RAS-1 and consists of 1.17 acres, excluding the roadway easement. The net lot area for development purposes is 0.97 acres or 42,295 square feet. Section 3. The property is currently developed with a 3,261 square foot residence with 1,196 square foot basement, 948 square foot attached garage, 689 square foot stable, service yard, swimming pool and equipment area. The stable was built in 2013 and in 2012 additions were made to the residence and the residence underwent a major remodel. Section 4. The structure that was originally constructed as a stable is currently not used as a stable. The applicants propose to use this structure as a recreation room and storage room and allocate an area elsewhere on the lot for a future stable and corral subject to a future Conditional Use Permit. Section 5. On May 21, 2019, the Planning Commission conducted a duly noticed public hearing on the subject application in the field at 49 Eastfield Drive and at its evening meeting on May 21, 2019. The applicant and his agent were notified of the public hearings in writing by first class mail and they were present at the hearings. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff. Section 6. The Planning Commission finds that the project qualifies as a Class 1 Exemption pursuant to 14 CCR Section 15301 (Existing Facilities) and as Class 3 Exemption pursuant to 14 CCR Section 15303 (New Construction or Conversion of Small Structures) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. Section 17.16.040 of the Rolling Hills Municipal Code permits a mixed-use structure that exceeds i�wo hundr�c�sc�uare feet provided a Conditional Use Permit has been issued subject to the conditions se�t forth in Section 17.16.210(A)(6). Applicants seek a mixed-use structure with a 450 square foot recreation room and a 239 square foot storage space. 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 conversion of a structure previously approved as a stable into a mixed use would be consistent with the purposes and objectives of the General Plan because the use is consistent with similar uses in the community and meets all the applicable code development standards for a mixed-use structure. The project also designates an area being set aside for the future stable and corral which is adequately sized to Reso.2019-11 1 ZC No.959 accommodate a 450 square foot stable and 550 square foot adjoining corral. Such area 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 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 interior remodeling of a stable to a mixed-use stxucture will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the structure is located near outdoor recreational amenities including a play field and walkways accessing the residence. The mixed-use structure's orientation is towards the lot interior and main residence as opposed to 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 mixed-use siructure complies with the low profile residential development pattern of the community and is screened from neighbors view and separated by a bridle trail that will be retained. C. The site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The net lot area for development purposes is 0.97 acres or 42,295 square feet. The property is currently developed with a 3,261 square foot residence, including 1,196 square foot basement, 948 square foot attached garage, service yard, swimming pool, and equipment area. The proposed mixed-use structure is 450 square feet for the recreation room and 239 square feet for the storage space. The lot can accommodate the proposed mixed use structure. D. The proposed conditional use complies with all applicable development standards of the zone district. The 689 square foot mixed-use structure is less than the maximum 800 square feet permitted under the RHMC and does not encroach into any setback areas and is not located in the front yard of the lot. 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 Title 17 (Zoning) because the mixed-use structure complies with the requirements of the Title 17. The mixed-use structure is screened from adjacent properties and is not obtrusive to neighbors. Additionally, an adequate area has been set aside for the construction of a future stable structure and adjacent corral. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 959 for a Conditional Use Permit for conversion of a stable to a 450 square foot recreation room and a 239 square foot storage room with a set aside area for a future 450 square foot stable and 550 square foot corral, subject to the following conditions: A. The Conditional Use Permit approval shall expire within two years from the effective date of approval as defined in Section 17.42.070, unless otherwise extended pursuant to the requirements of this section. P. 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 City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a Reso.2019-11 2 ZC No.959 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 Rolling Hills Municipal Code (RHMC). C. All requirements of the Building and Construction Ordinance, the Zoning ordinance, and of the zc�ne 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 lot shall be developed and maintained in substantial conformance with the site plan on file dated May 14, 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 Conditional Use Permit approval shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a building permit from the building department. E. Prior to submittal of final working drawings to the Building and Safety Departrnent 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. 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 permit for the conversion shall execute a Certificate of Construction affirming that the project will be constructed according to this Resolution and any plans approved therewith. G. The existing structural coverage of 15.4% (20% max. permitted) and total lot coverage of 30.13% (35% max. permitted) are only changing based on the added stable set aside area of 450 square feet. The .proposed structural coverage is 16.5% (20% max. permitted) and total lot coverage is proposed to be 31.17% (35% max. permitted). H. The lot was graded in the past and the disturbed area is 71.6%. The applicants shall stay within the previously disturbed area for the designated stable/corral set aside area. I. There shall be no grading for this project. J. 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 mixed use structure; roofing material requirements of properties in the Very High Reso.2019-11 3 ZC No.959 Fire Hazard Severity Zone, and all other ordinances and laws of the City of Rolling Hills and the LA County Building Code. K. The mixed-use structure shall not be used as sleeping quarters and may not be rented out.�Kitchenette and sanitary facility consisting of a toilet, shower and a sink may be constt�ucted within the recreation room. The mixed-use structure shall not be located in the front yard of any setback and shall not exceed 800 square feet. L. During remodel for the conversion, 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. M. 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. N. The property owners shall be required to conform with the Regional Water �Quality Confrol Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste and storm water mailagement. O. 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. P. 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. PASSED, P D �D PTED THIS 25th DAY OF JUNE 2019. S AD C ;-� AIRN� N , � ATTEST: ,��' ;' �,.'' : CIT]�CLERK Reso.2019-11 4 ZC No.959 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) g� CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2019-11 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO C�NVERT AN EXISTING 689 SQUARE FOOT STASLE, TO A MIXED-USE STRUCTURE IN ZONING CASE NO. 959 AT 49 EASTFIELD DRNE (LOT 33-EF) ROLLING HILLS, CA, (WALDMAl�. was approved and adopted at an adjourned regul.ar meeting of the Planning Commission on June 25, 2019 by the following ro11 call vote: AYES: CARDENAS, COOLEY,KIRKPATRICK, AND CHAIR CHELF NOES: NONE. ABSENT: SEABURN. ABSTAIN: NONE. and in compliance with the laws of California was posted at the following: Administrative Offices ITY LERK � r . Reso.2019-11 5 ZC No.959