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827, Conversion of existing stable , Resolutions & Approval ConditionsRESOLUTION NO. 2012-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR AN ADDITION ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT REQUIRES A DISCRETIONARY REVIEW IN ZONING CASE NO. 827, AT 1 LOWER BACKWATER 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 Site Plan Review to construct a 364 square foot addition to the existing residence for a total of 3,216 square foot residence. 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. 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 required to be obtained concurrent with the new work. Section 5. In February 2012 the Planning Commission granted an extension to a Conditional Use Permit, which was approved in January 2010, to convert an existing stable into the recreation room, a Site Plan Review to construct an above grade deck and set aside an area for a future stable and corral elsewhere on the property. This approval expires in February of 2014. Section 6. On September 18, 2012 the Planning Commission conducted a duly noticed public hearing on the subject application and a field trip to the property and directed Staff to prepare a Resolution to approve the subject project. 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 Reso. 2012-21 1 • • Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. Section 7. 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 8. Section 17.46.040 states that the Planning Commission may condition an approval to require Site Plan Review for any future construction or grading on a property, regardless of whether site plan review would ordinarily be applicable to such construction. With respect to the Site Plan Review application, due to the restriction placed on this property in 2010 by the Planning Commission, the proposed project must be reviewed by the Planning Commission. With respect to the Site Plan Review application requesting construction of the addition, the Planning Commission makes the following findings of fact: A. The proposed development consists of a new 364 square foot addition to the existing residence and meets all of the Zoning Code development standards. B. The project is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed addition is small in scale and 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. The net lot area of the lot is 119,661 square feet. The structural lot coverage proposed is 6,695 square feet or 5.6% 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 11,513 square feet or 9.6%, (35% permitted). There are currently two building pads: the residential building pad is 10,748 square feet and has coverage of 5,258 square feet or 48.9%, 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 future deck, recreation room and future stable. The combined building pads coverage is proposed at 44.9%. C. The project substantially preserves the natural and undeveloped state of the lot in that no grading is required for the addition 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 existing shrubs and trees, is of sufficient distance from nearby residences and located at the main residence 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. Reso. 2012-21 2 • • 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. 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. 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 9. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 827, a Site Plan Review to allow construction of a 364 square foot addition, subject to the following conditions: A. The Site Plan Review approvals shall expire within two years from the effective date of approval as defined in Section 17.46.080, 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 September 6, 2012 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 approval, Reso. 2012-21 3 • • 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 RHCA Architectural Committee approved the plans. The conditions of approval shall be printed on the plans. F. Structural lot coverage shall not exceed 6,695 square feet or 5.6% 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 11,513 square feet or 9.6%, 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 5,258 square feet or 48.9%, 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. 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, roof covering requirements, (RHMC 17.16.190) and all other requirements of the Zoning Code. M. All utility lines to the residence shall be placed underground, subject to all applicable standards and requirements. N. The un-permitted outdoor fireplace, barbecue and trellis shall be brought to compliance as necessary and building permits obtained concurrent with the addition construction. O. 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 Reso. 2012-21 4 • • 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. P. 50% of any demolition work, including roofing material and appliances, must be recycled. Construction and Demolition Permit (C&D) must be obtained and verification submitted to regarding diversion of the material. No final inspection shall be granted until all documentation is filed with the City. Q. 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. R. 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. S. 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. T. 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. U. 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,PPRND ADOPTED THIS 16th DAY OF OCTOBER 2012. D CHALF,VCE-C AIRMAN ATTEST:_ HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-21 5 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ) §§ I certify that the foregoing Resolution No. 2012-21 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR AN ADDITION ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT REQUIRES A DISCRETIONARY REVIEW IN ZONING CASE NO. 827, 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 October 16, 2012 by the following roll call vote: AYES: Commissioners Henke, Mirsch and Vice Chairman Chelf. NOES: None. ABSENT: Commissioner Smith and Chairman Pieper. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices oiket HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-21 6 • • .xt-hoir 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 elevationwould 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 screenedfrom 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 • . t,1 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 ATTEST: cldrrPca HEIDI LUCE, DEPUTY CITY CLERK Reso. 2010-03 7 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 RECEIVE MAR 0 8 2010 City of Rolling Hills By • • RESOLUTION NO. 2008-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 750, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46 RH), (PLUIMER). 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. Pluimer with respect to real property located at 1 Lower Blackwater Canyon Road (Lot 46-RH) requesting a Site Plan Review to construct 1,172 square foot addition to an existing residence and a Variance to encroach with 62 square feet of the addition into the side yard setback. In addition, the applicant proposes to encroach with a new 158 square foot attached trellis into the side setback, which also requires a Variance. Section 2. 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 sixty -foot wide roadway easement. However, only 18-20 feet of the roadway easement is paved. The actual paved portion of the road meanders in and out of the easement and is located approximately 50 feet east (below) of the residence. Section 3. The applicants submitted a request to the RHCA Board of Directors to reduce the roadway easement and to relocate the roadway easement to more closely align with . the actual paved road. Recently, the Board of Directors approved the applicants' request to realign and to reduce the easement. The process to reduce and to realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. However, once the easement documents are prepared and recorded, the roadway easement will be relocated and the Variance would no longer be required. Section 4. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on February 19 and March 18, 2008 and at a field trip on March 18, 2008. 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 5. During the review process it was determined that the existing structure approved and permitted for a stable use, which is currently not used for strictly stable uses, could retain said use until such time as when the City completes its study on stables and amends the Zoning Ordinance to address stables. With a condition contained in this Resolution, this issue will be revisited upon the completion of the Zoning Code amendment regarding stables. Reso. 2008-06 Pluimer 1 • • Section 6. 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 7. 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 for construction of a new residence the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply 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 requirements, once the easement reduction and relocation is recorded. The net lot area of the lot is 119,661 square feet. The structural lot coverage proposed is 7,359 square feet or 6.1% of the net lot area. The total lot coverage proposed, including structures and flatwork is 13,239 square feet or 11.1% of the net lot area, (35% permitted). The proposed project is screened from the road so as to reduce the visual impact of the development. The proposed addition is located away from the area visible from the road and is in the back of the property. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. 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 constructed on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature shrubs, is of sufficient distance from nearby residences 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. C. The proposed development, as conditioned, 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 follow the pattern and style of the original residence. The construction will be between the residence and the detached garage, filling in the space between the two. D. The development plan incorporates existing trees and vegetation to the maximum extent feasible. Specifically, the development plan will supplement the existing vegetation with landscaping that is compatible with and enhances the rural character of the community. E. 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 Reso. 2008-06 Pluimer 2 • • proposed with this addition and therefore no changes will be made to the natural terrain of the lot. F. The development plan preserves surrounding vegetation and mature trees and the landscaping provides a buffer or transition area between private and public areas. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehides because the proposed project will not change the existing circulation pattern and will utilize an existing driveway. H. The project is exempt from the requirements of the California Environmental Quality Act. Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.060 is required because it states that every lot in the RAS-1 zone shall have a side yard setback 20 feet from the property line. The applicant is requesting a Variance to construct 1,172 square feet of addition to the existing residence, of which 62 square feet would encroach into the side setback. In addition a trellis is proposed to be constructed and would also encroach into the side setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure, which encroaches into the side setback and the width (60-feet) and location of the roadway easement prevent further expansion, except into the setback. The Commission further finds that the configuration of the existing lot, which fronts on three streets and is very irregular in shape create a hardship to improving the property. The required side yard setback (20-feet) is located next to the roadway easement, with a portion of the existing residence and trellis already encroaching into the setback and into the roadway easement. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. This property was developed with disregards to the location of the roadway easement. The Variance will permit the development of the property in a manner consistent with surrounding properties and the encroachment will follow the line of the current encroachment. The applicant has applied to the Rolling Hills Community Association Reso. 2008-06 Pluimer 3 • • for reduction in easement, which would remedy the encroachment of the property into the setback. The process to reduce and to realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. However, once the easement documents are prepared and recorded, the roadway easement will be relocated and the Variance would no longer be required. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the side setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. A portion of the front porch will remain unaltered and no grading will be necessary. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. The Planning Commission found that due to the topography of the lot, location -along three roadways and the road dissecting the property, there exists a hardship to developing this lot in any other manner. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage, disturbance and the total impervious lot coverage are within the requirements of the City. Section 9. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review and Variance in Zoning Case No. 750 to encroach with 62 square feet into the side setback with an addition, subject to the following conditions: A. The Site Plan Review and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080 and 17.38.070, 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 Reso. 2008-06 Pluimer 4 • • 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 February 13, 2008 except as otherwise provided in these conditions. E. The property on which the project is located contains an adequate site for a stable and corral. The current use of the stable may continue, until such time as the City adopts an ordinance regarding stables. At such time the City will revisit the use of the structure, previously approved for a stable, and it will be required that the structure be brought to compliance with regulations as adopted at that time. F. The property owners shall comply with the requirements of the Lighting Ordinance of the City of Rolling Hills, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving subject residence shall be placed underground. I. The existing driveway to the property shall be utilized. J. Structural lot coverage shall not exceed 7,359 square feet or 6.1% of the net lot area, in conformance with lot coverage limitations. K. The total lot coverage proposed, including structures and flatwork shall not exceed 13,239 square feet or 11.1% of the net lot area, in conformance with lot coverage limitations L. The disturbed area of the lot is 14,604 square feet or 12.2% of the net lot area, which indudes both building pads, in conformance with disturbed area limitations. M. The existing residential building pad is 11,197 square feet and will have coverage of 5,626 square feet or 50.2%, not including the trellises. With the trellises the building pad coverage would be 58.2%. The stable pad is 3,407 square feet with coverage of 834 square feet or 24.4%. The combined building pads coverage is proposed at 44.2%. N. There shall be no grading for this project. O. This project shall be reviewed and approved by RHCA. The City does not approve or recommend the design or any architectural features of the proposed addition. City staff and / or the Planning Commission shall review any deviations to this project that the RHCA may recommend or require, which would trigger grading or change in the development standards herein approved. Reso. 2008-06 Pluimer 5 • • P. Should the County Building and Safety Department require an above ground drainage system, the system shall be designed in such a manner, as not to cross over any equestrian trails and water from the drainage system shall not be discharged onto a trail or adjacent properties. The system shall incorporate earth tone colors, including in the design of the dissipater and shall be adequate in size to discharge in a sheet flow manner and be screened from any trail and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Q. Perimeter easements and trails, induding 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 that the Rolling Hills Community Association may approve certain encroachments. R. There shall be a minimum of four (4) foot walkway around the entire perimeter of the structure. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to the property, which would constitute additional grading or structural development, shall require the filing of a new application for approval by the Planning Commission. Should grading be required as a result of the caissons construction for the area of the pad near the addition, such grading shall be reviewed by the Planning Commission. T. The nonpermitted outdoor fireplace and barbecue shall be brought to compliance and permits obtained. U. Should new landscaping be introduced for this project, the landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray. Further, landscaping shall be designed using mature trees and shrubs so as to screen the residence but not to obstruct views of neighboring properties. Any new trees and shrubs planned to be introduced in conjunction with this project shall, at maturity, not be higher than the ridge height of the residence, and shall comply with the Fire Department requirements for clearance of brush in proximity to structures. V. Prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission and that were approved by the RHCA Architectural Committee. W. 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, show much was recycled and which facility the recycling material was taken to. Reso. 2008-06 Pluimer 6 • • X. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. Y. During construction, conformance with the stormwater pollution prevention practices, County and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. Z. 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. AA. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. AB. 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. AC. 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) related to solid waste. AD. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. AE. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance pursuant to Section 17.38.060, or the approval shall not be effective. AF. All conditions of this Site Plan and Variance approvals, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AG. 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. Reso. 2008-06 Pluimer • • PASSED, APPROVED AND ADOPTED THIS 15th DAY OF APRIL 2008. 41 Ai,' ROGER/SO MM R CHAIRMAN ATTEST: MARILYNQCERN, DEPUTY CITY CLERK Reso. 2008-06 Pluimer 8 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-06 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 750, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46 RH), (PLUIMER). was approved and adopted at a regular meeting of the Planning Commission on April 15, 2008 by the following roll call vote: AYES: Commissioners Smith, Witte, Vice Chairman Henke and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: Commissioner DeRoy. and in compliance with the laws of California was posted at the following: Administrative Offices. r--. l ,12h,ti 2 DEPUTY CITY CLERK Reso. 2008-06 Pluimer 9