776, Request the removal of restric, Resolutions & Approval Conditions• •
RESOLUTION NO. 2016-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A REQUEST TO REMOVE RESTRICTIVE
DEVELOPMENT CONDITION FROM RESOLUTION NO. 2010-03 IN ZONING
CASE NO 776 AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46-RH)
(DENNEE).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. David Dennee with respect
to real property located at 1 Lower Blackwater Canyon Road (Lot 46-RH) requesting
the removal of a condition placed on his property in Resolution No. 2010 -03, a request
for a Conditional Use Permit to convert an existing stable into a recreation room and
to set aside an area for a future stable and corral elsewhere on the lot.
Section 2. In April of 2008 by Resolution 2008-06, the Planning Commission
approved a 1,172 square foot addition to the main residence with a variance for
encroachment into the setbacks with the addition and a trellis. A condition was placed
on the property that any future development or grading would require a discretionary
review by the Planning Commission, ("a no further development condition"). The
project was not constructed and the entitlement expired.
Section 3. In January 2010, then in October 2012 by Resolution Nos. 2010-03
and 2012-21 respectively, the Planning Commission granted a CUP and a SPR to
convert the existing stable into a recreation room and to construct a raised deck and a
SPR for a 364 square foot addition to the residence. The "no further development"
condition was carried over to both of these approvals. The applicant has not
constructed the 364 square foot addition and the 2012 approval expired. The 2010
request for the recreation room and a deck is currently being implemented, where the
condition exists that the Planning Commission reviews any further development.
Section 4. The Commission considered this item at a meeting on January 19,
2016 at which time information was presented indicating that the previously proposed
development for which the condition was first imposed, was not implemented and
expired, and therefore the "no further development" condition is no longer
warranted.
Section 5. Based upon information and evidence submitted, the Planning
Commission does hereby amend Section 11 of Resolution No. 2010-03, dated January
19, 2010 by removing Paragraph K from the conditions of approval, which reads as
follows:
• •
"K. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to the property, which would constitute grading or
structural development, shall require the filing of a new application for approval by
the Planning Commission".
Section 6. Except as herein amended, the provisions and conditions of
Resolution No. 2010-03 shall continue to be in full force and effect.
PASSED, APPROVED A �� �� ED THIS 16th DAY OF FEBRUARY 2016.
ATTEST:
RAD CH F,
HEIDI LUCE, CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2016-03 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A REQUEST TO REMOVE RESTRICTIVE
DEVELOPMENT CONDITION FROM RESOLUTION NO. 2010-03 IN
ZONING CASE NO 776 AT 1 LOWER BLACKWATER CANYON ROAD,
(LOT 46-RH) (DENNEE).
Was approved and adopted at a regular meeting of the Planning Commission
on February 16, 2016 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Cardenas (recused).
And in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE,
CITY CLERK
• •
RESOLUTION NO. 2012-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A TIME EXTENSION
MODIFICATION TO COMMENCE CONSTRUCTION OF A
PROJECT APPROVED BY PLANNING COMMISSION BY
RESOLUTION NO. 2010-03, FOR THE CONSTRUCTION AF A
RAISED DECK AND TO CONVERT AN EXISTING STABLE
STRUCTURE TO A RECREATION ROOM, IN ZONING CASE NO.
776, AT 1 BLACKWATER CANYON ROAD, (LOT 46-RH)
(DENNEE).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. David Dennee with respect
to real property located at 1 Blackwater Canton Road requesting a 2-year time
extension for previously approved Conditional Use Permit and a Site Plan Review for
a 396 square foot raised deck and to convert a 663 square foot stable into a recreation
room and to set aside an area for a future stable and corral elsewhere on the lot.
Section 2. The Commission considered this item at a meeting on February
21, 2012 at which time information was presented indicating that additional time is
needed to commence the project.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amends Paragraph A, Section 11 of Resolution No. 2010-03,
dated January 19, 2010 to read as follows:
A. The Conditional Use Permit and Site Plan Review approvals shall expire
within four years from the effective date of approval as defined n Sections
17.46.080 and 17.42.070 of the Zoning Ordinance. No further extension to
commence the project shall be granted.
Section 4. Except as herein amended, the provisions and conditions of
Resolution No. 2010-03 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF FEBRUARY 2012.
ATTEST:
JEFFTIPER, CHAIRMAN
HEIDI LUCE, DEPUTY CITY CLERK
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2012-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A TIME EXTENSION MODIFICATION TO
COMMENCE CONSTRUCTION OF A PROJECT APPROVED BY PLANNING
COMMISSION BY RESOLUTION NO. 2010-03, FOR THE CONSTRUCTION
AF A RAISED DECK AND TO CONVERT AN EXISTING STABLE
STRUCTURE TO A RECREATION ROOM, IN ZONING CASE NO. 776, AT 1
BLACKWATER CANYON ROAD, (LOT 46-RH) (DENNEE).
was approved and adopted at a regular meeting of the Planning Commission
on February 21, 2012 by the following roll call vote:
AYES: Commissioners Smith, Henke, Mirsch, Chelf and Chairman Pieper.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
*AAA( b
DEPUTY CITY CLERK
RESOLUTION NO. 2010-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING
STABLE STRUCTURE TO A RECREATION ROOM AND A SITE PLAN REVIEW
TO CONSTRUCT AN ABOVE GRADE DECK ATTACHED TO THE CONVERTED
STRUCTURE, WHILE SETTING ASIDE AN AREA ELSEWHERE ON THE
PROPERTY FOR A FUTURE STABLE AND CORRAL ON A PROPERTY
DEVELOPED WITH A SINGLE FAMILY RESIDENCE. IN ZONING CASE NO. 776,
AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46-RH) (DENNEE). THE
PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
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. David Dennee with respect
to real property located at 1 Lower Blackwater Canyon Road (Lot 46-RH) requesting a
Conditional Use Permit to convert an existing 663 square foot stable structure to a recreation
room, while reserving an area for future stable and corral elsewhere on the lot and Site Plan
Review to construct a 396 square foot above grade deck (33' x 12') adjacent to the proposed
recreation room. The deck at the highest elevation would be 3'6" above the grade and would
extend 12 feet from the recreation room. Excavation for footings will be necessary without
requiring any grading.
Section 2. The property is zoned RAS-1 and consists of 4.5 acres gross, (196,020
sq.ft.). The net lot area for development purposes is 119,661 square feet or 2.75 acres.
Section 3. The lot is irregular in shape and is located at the convergence of three
streets, Lower Blackwater Canyon Road, Williamsburg Lane and Middleridge Lane North.
Lower Blackwater Canyon Road goes through the property and consists of a forty -foot wide
roadway easement, however, only 18-20 feet of the roadway easement is paved. Recently the
RHCA Board of Directors approved a request by the applicants to reduce the roadway easement
from 60 feet to 40 feet and relocate it to more closely align with the paved road.
Section 4. The property is currently developed with a 2,852 square foot residence,
porch, attached trellis, 792 square foot detached garage, 663 square foot stable, service yard,
swimming pool and equipment area, detached gazebo and trellis, barbeque and fire place.
Records for the property include building permits for the existing home, remodeling, a house
addition, garage, pool and stable. There are no permits of record for an outdoor barbeque,
fireplace and detached trellis but permits are proposed to be obtained concurrent with the new
work.
Section 5. 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 allocate an
Reso.2010-03 1
ZC 776 - Dennee
• •
area elsewhere on the lot for a future stable subject to a Conditional Use Permit. The applicants
plan to retain the appearance of a barn on the exterior of the structure and construct an above
grade deck attached to it. The proposed deck is the subject of a concurrently filed Site Plan
Review application.
Section 6. In 1993, the Planning Commission granted a Site Plan Review approval to
construct a new 8,500 square foot residence and garage with substantial grading, and a Variance
to locate a stable in the front yard. That project was not constructed and the entitlements expired.
In April 2008, the Planning Commission granted approval to the previous owners (Res. 2008-06)
for a Site Plan Review to construct a 1,172 square foot addition to an existing residence and
Variances to encroach into the side yard setback with a portion of the addition and new attached
trellis. The former owners did not implement that approval and the entitlements will expire in
April 2010.
Section 7. On December 15, 2009 the Planning Commission conducted a duly
noticed public hearing on the subject application, scheduled a field trip for January 19, 2010 and
directed Staff to prepare a Resolution to approve the subject project, to be considered at the field
trip on January 19, 2010. 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 reviewed,
analyzed and studied said proposal. The applicant's representative was in attendance at the
hearings.
Section 8. The Planning Commission finds that the project qualifies as a Class 1
Exemption, Existing Facilities, and is therefore categorically exempt from environmental review
under the California Environmental Quality Act.
Section 9. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits
approval of a recreation room under certain conditions, 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 conversion of a structure
previously approved as a stable, into a recreation room 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 recreation
room, and the area being set aside and proposed for the future stable and corral is located in an
area on the property that is adequately sized to accommodate a 450 square foot barn and 550
square foot adjoining corral and 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 interior remodeling of a stable to a recreation room will not adversely affect
or be materially detrimental to these adjacent uses, buildings, or structures because the structure is
located near outdoor recreational amenities including a "ramada" (open roof trellis) and walkways
Reso. 2010-03 2
ZC 776 - Dennee
• •
accessing the residence, the proposed recreation room 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.
C. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the recreation room complies with the low profile residential
development pattern of the community and is screened from neighbors view by trees that will be
retained.
D. The proposed conditional use complies with all applicable development standards
of the zone district because the 663 square foot size of the recreation room is less than the
maximum 800 square feet permitted under the Municipal Code and the recreation room does not
encroach into any setback areas and is not located in the front 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 of the
Zoning Code because an adequate area is set aside for the construction of a future stable structure
and adjacent corral and the structure is screened from adjacent properties and is not obtrusive to
neighbors.
Section 10. Section 17.46.030 requires a development plan to be submitted for site
plan review and approval before any development requiring a grading permit or any building
or structure may be constructed. With respect to the Site Plan Review application that requests
permission to construct a new raised deck, the Planning Commission makes the following
findings of fact:
A. The proposed development consists of a new 396 square foot 3'6" above -grade
deck that is to be attached to a recreation room structure that is the subject of a concurrently
filed Conditional Use Permit application. The subject deck would face north towards the
residence and requires no grading.
B. The project is compatible with the General Plan, the Zoning Ordinance and
surrounding uses because the proposed deck complies with the General Plan requirement of low
profile, low -density residential development with sufficient open space between surrounding
structures. The project will conform to Zoning Code setback and other requirements, with
consideration of the easement area reduction and relocation. The net lot area of the lot is
119,661 square feet. The structural lot coverage proposed is 6,331 square feet or 5.2% of the net
lot area (20% maximum permitted -excluding detached trellis and BBQ). The total lot coverage
proposed, including structures and flatwork (excluding driveway and the roadway maintained
by the RHCA) is 11,149 square feet or 9.3%, (35% permitted). There are currently two
building pads: the residential building pad is 10,748 square feet and has coverage of 4,822
Reso.2010-03 3
ZC 776 - Dennee
• •
square feet or 42%, not including the trellises, and miscellaneous structures, and is not proposed
to change. The existing stable pad is 3,407 square feet and will remain the same. The coverage
is proposed to be 44.3%, which includes the new deck, recreation room and future stable. The
combined building pads coverage is proposed at 44.7%.
C. The project substantially preserves the natural and undeveloped state of the lot
in that no grading is required for the deck, minimal grading (43 cubic yards) and lot
disturbance (less than 1 %) is estimated to be necessary if a new stable structure and corral are
constructed in the future. The topography and the configuration of the lot has been considered,
and it was determined that the proposed development will not adversely affect or be materially
detrimental to adjacent uses, buildings, or structures because the proposed construction will be
confined to an existing building pad, will be the least intrusive to surrounding properties, will
be screened and landscaped with mature shrubs and trees, is of sufficient distance from nearby
residences and located at the back of the lot so that it will not impact the view or privacy of
surrounding neighbors, and will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners.
D. The proposed development is harmonious in scale and mass with the site, and is
consistent with the scale of the neighborhood when compared to properties in the vicinity. The
proposed project will maintain the existing appearance of the property and will not mass the site.
E. The development plan incorporates existing trees and vegetation to the
maximum extent feasible. Openings in the deck surface will accommodate the retention of two
large mature trees.
F. The development plan substantially preserves the natural and undeveloped state
of the lot by minimizing building coverage because the new construction will not cause the lot
to look overdeveloped and will be located on an existing pad. Significant portions of the lot
will be left undeveloped. No grading is proposed with this construction of the deck and
therefore no changes will be made to the natural terrain of the lot.
G. The development plan preserves surrounding vegetation and mature trees and
the landscaping provides a buffer or transition area between private and public areas.
H. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the proposed project will not
change the existing circulation pattern.
I. The project is exempt from the requirements of the California Environmental
Quality Act.
Section 11. Based upon the foregoing findings, the Planning Commission hereby
approves Zoning Case No. 776 including a Conditional Use Permit for conversion of a stable to
a recreation room, with set aside area for a future 450 square foot stable and 550 square foot
corral, and Site Plan Review to allow, construction of a 396 square foot raised deck, subject to
the following conditions:
Reso. 2010-03 4
ZC 776 - Dennee
•
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 17.46.080 and 17.42.070,
unless otherwise extended pursuant to the requirements of this section.
B. 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 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 lot shall be developed and maintained in substantial conformance with the
site plan on file dated November 9, 2009 except as otherwise provided in these conditions. The
working drawings submitted to the County 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/or 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
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 and that the plans were approved by the RHCA Architectural
Committee.
F. Structural lot coverage shall not exceed 6,331 square feet or 5.2% of the net lot
area, in conformance with lot coverage limitations (20% maximum).
G. The total lot coverage proposed, including structures and flatwork shall not
exceed 11,149 square feet or 9.3%, of the net lot area, in conformance with lot coverage
limitations (35% max).
H. The disturbed area of the lot is 14,155 square feet or 11.8% of the net lot area,
and would increase to 12.2% should a new stable be constructed in the future, in conformance
with disturbed area limitations.
I. The existing residential building pad is 10,748 square feet and will have coverage
of 4,822 square feet or 42%, not including the trellises, and miscellaneous structures. The stable
pad is 3,407 square feet and will remain the same. The pad coverage is proposed to be 44.3%,
which includes the new deck, recreation room and future stable. The combined building pads
coverage is proposed at 44.7%.
Reso. 2010-03 5
ZC 776 - Dennee
•
J. There shall be no grading for this project.
K. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to the property, which would constitute grading or
structural development, shall require the filing of a new application for approval by the
Planning Commission.
L. The property owners shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said
property.
M. If any electrical upgrades are proposed or required for the recreation room, all
utility. lines to the recreation room shall be placed or converted to underground, subject to all
applicable standards and requirements.
N. The property owners shall comply with the requirements of the Zoning
Ordinance pertaining to roof covering (RHMC 17.16.190).
O. The unpaved driveway serving the existing stable may remain during the
construction and remodel for conversion of the stable into recreation room. Within a year of
completion of construction/remodel, this area shall be partially landscaped and the remainder
may not be paved. Staff shall verify the functionality of this area and compliance with this
condition within one year of obtaining a final inspection for the conversion. The wooden gate
may remain.
P. The recreation room shall not be used as sleeping quarters, may not be rented
out and may not be used as a separate dwelling. Sanitary facility consisting of a toilet, shower
and a sink may be constructed within the recreation room. Kitchen facilities may include a hot
plate or microwave, sink, dishwasher, under counter refrigerator, shelves and cabinets.
Q. The un-permitted outdoor fireplace, barbecue and trellis shall be brought to
compliance as necessary and building permits obtained concurrent with the recreation room
remodel. The applicant shall submit a plan and dimensions for the playhouse. Should the
playhouse exceed 120 square feet or 15 feet in height, it shall be removed from the rear
setback, pursuant to Section 17.16.200 (L)(1) of the Zoning Ordinance.
R. 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, play equipment, parked
vehicles, building materials, debris and equipment, except as otherwise approved by the
Rolling Hills Community Association.
S. 50% of any demolition work, including roofing material and appliances, must
be recycled. Verification to be submitted to staff regarding how much material was generated,
Reso. 2010-03 6
ZC 776 - Dennee
• •
show much was recycled and which facility the recycling material was taken to. No final
inspection shall be granted until all documentation is filed with the City.
T. 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.
U. 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.
V. 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 and storm water management.
W. The conditions of approval specified herein shall be printed on the construction
plans submitted to the RHCA and buidling department for plan check and permitting.
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.
Y. 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, APPROVED AND ADOPTED THIS 19th DAY OF JANUARY 2010.
LL SMITH, VICE -CHAIRPERSON
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2010-03
ZC 776 - Dennee
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
) §§
I certify that the foregoing Resolution No. 2010-03 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONVERT AN
EXISTING STABLE STRUCTURE TO A RECREATION ROOM AND A SITE PLAN
REVIEW TO CONSTRUCT AN ABOVE GRADE DECK ATTACHED TO THE
CONVERTED STRUCTURE, WHILE SETTING ASIDE AN AREA ELSEWHERE
ON THE PROPERTY FOR A FUTURE STABLE AND CORRAL ON A PROPERTY
DEVELOPED WITH A SINGLE FAMILY RESIDENCE. IN ZONING CASE NO. 776,
AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46-RH) (DENNEE). THE
PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at regular meeting of the Planning Commission on January
19, 2010 by the following roll call vote:
AYES: Commissioners Pieper, Henke, Witte and Chairperson Smith.
NOES: None.
ABSENT: Chairperson DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE, DEPUTY CITY CLERK
Reso.2010-03 8
ZC 776 - Dennee