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4BCity o pollil —XIA INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF 90274 (310) 377-1521 FAX: (310) 377.7288 Agenda Item No.: 4B FT Mtg. Date: 2/17/15 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 875 SITE LOCATION: 5 LOWER BLACKWATER CANYON ROAD (LOT 82-RH) ZONING AND SIZE: RA -S-2,5.6 ACRES GROSS APPLICANT: MR. VUKAN RUZIC PUBLISHED: FEBRUARY 5, 2015 REQUEST 1. Request for a Conditional Use Permit to convert an existing cabana, including enclosing a 169 square foot roofed porch into a guest house and request for a Variance to encroach with 75 square feet of the proposed enclosure into the side yard setback. 2. It is recommended that the Planning Commission view the project in the field, open the public hearing, take public testimony and reconvene the meeting at the evening Planning Commission meeting starting at 6:30 PM, or provide other direction to staff. BACKGROUND AND MUNICIPAL CODE COMPLIANCE 3. In 2005 the applicant was granted a CUP and a Variance to construct a 265 square foot pool cabana with 169 square foot covered porch, for a total of 434 square feet of structures, and a Variance to encroach 3 feet with the cabana into the side yard setback. The property is zoned RAS -2 and requires a 35 -feet side setback. 4. An area for a future stable and corral was set aside with the previous application on a separate building pad west of the existing residence. Access to the stable is available from Blackwater Canyon Road located to the southwest of the existing driveway at a slope that is not greater than 25 %. 5. The lot has a net area of 4.5 acres, most of .it consists of steep slopes. The lot is irregular in shape with Lower Blackwater Canyon Road crossing over the lot. The lot 10 ® Printed on Recycled Paper has over 600 lineal feet of street frontage, and therefore a very long front yard setback along that frontage, where no construction is permitted. 6. The net lot area of the lot is 194,713 square feet. The structural lot coverage is 8,522 square feet or 4.4%, which includes the future stable, (20% maximum permitted). The total lot coverage is 15,774 square feet or 8.1 % (35 % maximum permitted). Neither the structural or total lot coverage will be affected by the proposed conversion. 7. The existing residential building pad is 22,016 square feet and the building coverage on this pad is 30.03%, as previously approved and will not be affected by this proposal. The guest house will be located on an existing pad consisting of 3,712 square feet, (not in setback). This pad has coverage of 1,356 square feet or 36.53%, which will remain the same. 8. Disturbed area of the lot is 40,944 square feet or 21.0% (40% maximum permitted). 9. The applicant is proposing to change the use from a cabana to a guest house and enclose the previously approved covered porch, therefore a new CUP for the use is required. A portion of the now enclosed porch would be located in the side setback therefore a Variance is required. When converting the use, the applicant will be required to comply with the requirements for a guest house per Section 17.16.210 A 5 of the Zoning Ordinance: 5. Guest house is allowed with a CUP providing that the following conditions are met: a. Shall not exceed eight hundred square feet. b. Shall not be located in the front yard or any setback. c. A kitchenette and sanitary facility consisting of a shower, sink and toilet shall be permitted. d. No vehicular access or paved parking area shall be developed within fifty feet of the guest house. e. Occupancy of the guest house shall be limited to persons employed on the premises, the immediate family of the occupants of the main residence or by the temporary guests of the occupants of the main residence. No temporary guest may remain in occupancy for more than thirty days in any six-month period. f. Renting of a guest house is prohibited. g. All requirements of this title must be complied with unless otherwise set forth in the permit or approved plan. h. A landscaping plan shall be submitted to the City of Rolling Hills Planning Department staff or Planning Commission - if requested, for approval. The plan submitted must comply with the purpose and intent of site plan review, as specified in Chapter 17.46 of this title. 10. The applicant states that there is an existing cabana and covered porch in the location already and the only change is that the covered porch will be enclosed to include it in the floor pian of the guest house. The guest house will not have any negative effect on adjacent properties. 11. Utility lines to the cabana were placed underground. 12. The Rolling Hills Community Association will review the project at a future date. 13. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZONING CASE NO. 875 SITE PLAN REVIEW EXISTING PROPOSED RA -S-2 ZONE SETBACKS Single family residence Same as existing, but Front: 50 ft. from front easement line with accessory structures, convert cabana to a guest Side: 35 ft. from property line including cabana house Rear: 50 ft. from property line STRUCTURES Residence 5,167 sq.ft. Residence 5,167 sq.ft. Site Plan Review required if size of Garage 1,408 sq.ft. Garage 1,408 sq.ft. structure increases by at least 1,000 Service Yard 96 sq.ft. Service Yard 96 sq.ft. sq.ft. and has the effect of increasing Pool 922 sq.ft. Pool 922 sq.ft. the size of the structure by more than Pool egpm. 75 sq.ft. Pool eqpm. 75 sq.ft. 25% in a 36 -month period. Stable 450 sq.ft. Stable 450 sq.ft. Cabana 265 sq.ft. Guest House 434 sq.ft. Covered porch 169 sq.ft. Basement 2080 Basement 2080 Total 8,552 sq.ft. Total 8,552 sq.ft. STRUCTURAL LOT COVERAGE 4.4% 4.4% of 194,713 sq.ft. net lot (20% maximum) area TOTAL LOT COVERAGE 8.1% 15,774 sq.ft. or 8.1 % (35% maxixnum) RESIDENTIAL BUILDING PAD 30.03% of 22,016 sq.ft. 30.03% of 22,016 sq.ft. COVERAGE residential bldg.pad residential bldg.pad POOL/ GUEST HS. PAD 36.53% of 3,712 sq.ft. pad 36.53% of 3,712 sq.ft. pad GRADING N/A None DISTURBED AREA 21.0% or 40,944 sq.ft. 21.0% or 40,944 sq.ft. 40% maximum; any graded building (includes future stable and (includes future stable and pad area, any remedial grading access road) access road) (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist. STABLE (450 SQ.FT. 450 sq.ft. stable 450 sq.ft. stable & 550 SQ.FT. CORRAL) 550 sq.ft. corral 550 sq.ft. corral STABLE ACCESS From Blackwater Canyon No change Road to the south/west of exst. drwy. at a slope that is not greater than 25%. ROADWAY ACCESS Existing off Blackwater No change Canyon Road VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review 11 CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. 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; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional uses observes the spirit and intent of this title.