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RESOLUTION NO. 98-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO
CONSTRUCT A NEW SINGLE FAMILY RESIDENCE TO REPLACE
AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
584.
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. and Mrs. Vukan S. Ruzic
with respect to real property located at 5 Lower Blackwater Canyon Road (Lot 82-RH)
requesting Site Plan Review to permit the construction of a new single family
residence to replace an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on October 20, 1998 and November 17, 1998, and
at a field trip visit on November 7, 1998. The applicants were notified of the hearing
in writing by first class mail. The applicants and the applicants' representatives were
in attendance at the hearings.
Section 3. The Planning Commission finds that the project qualifies as a
Class 2 Exemption [State CA Guidelines, Section 15302] and is therefore categorically
exempt from environmental review under the California Environmental Quality
Act.
Section 4. Section 17.46.020 requires a development plan to be submitted
for site plan review and approval before any building or structure may be
constructed or any expansion, addition, alteration or repair to existing buildings or
structures, which involve changes to grading or an increase in the size of the
building or structure by at least 1,000 square feet and has the effect of increasing the
size of the building or structure by more than twenty-five percent (25%) in any
thirty-six month period, may be permitted. With respect to the Site Plan Review
application, the Planning Commission makes the following. findings of fact:
A. The proposed development, as modified by the conditions of approval,
is compatible with the General Plan, the Zoning Ordinance and surrounding uses
because the proposed structure complies with the General Plan requirement of low
profile, low density residential development with sufficient open space between
surrounding structures. The project conforms to Zoning Code setback, and lot
coverage requirements. The lot has a net square foot area of 194,713 square feet. The
proposed residence (5,167 sq. ft.), garage (1,408 sq. ft.), stable (450 sq. ft.), and service
yard (96 sq. ft.) will have 7,121 square feet which constitutes 3.66% of the lot which is
within the maximum 20% structural lot coverage requirement. The total lot
coverage including paved areas and driveway will be 13,265 square feet which equals
RESOLUTION NO. 98-22
PAGE 1 OF 4
• •
6.82% of the lot, which is within the 35% maximum overall lot coverage
requirement.
B. The proposed development, as modified by the conditions of approval,
preserves and integrates into the site design, to the maximum extent feasible,
existing natural topographic features of the lot including surrounding native
vegetation, mature trees, drainage courses, and land forms because a minimum
amount of grading is proposed and will only be done to provide approved drainage
that will flow away from the proposed residential development and existing
neighboring residences.
C. The development plan, as modified by the conditions of approval,
follows natural contours of the relatively flat site to minimize grading. The natural
drainage courses will be preserved and continue drainage to the canyons at the
western side of this lot.
D. The development plan will, based upon compliance with the
conditions contained in this Resolution, supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the
community.
E. The development plan, as modified by the conditions of approval,
substantially preserves the natural and undeveloped state of the lot by minimizing
building coverage because the new structures will not cause the structural and total
lot coverage to be exceeded. Further, the proposed project will have a residential and
total buildable pad of 25,728 square feet with 27.68% of pad coverage.
F. The proposed development, as modified by the conditions of approval,
is harmonious in scale and mass with the site, the natural terrain and surrounding
residences. As indicated in Paragraph A, the lot coverage maximum will not be
exceeded. The proposed project will be located on a relatively flat portion of a steep
sloping lot that is also consistent with the scale of other homes in the immediate
neighborhood. Grading will be minor and required only to restore the natural slope
of the property. The ratio of the proposed structures to lot coverage is similar to the
ratio found on several properties in the vicinity.
G. The proposed development, as modified by the conditions of
approval, is sensitive and not detrimental to convenience and safety of circulation
for pedestrians and vehicles because the proposed project will provide a safer
driveway accessway.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental
review.
RESOLUTION NO. 98-22
PAGE 2 OF 4
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 584 for a
proposed residential development as indicated on the development plan
incorporated herein as Exhibit A, subject to the following conditions:
A. This Site Plan approval shall expire within one year from the effective
date of approval if construction pursuant to these approvals has not commenced
within that time period, as required by Section 17.46.080.
B. It is declared and made a condition of this Site Plan 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 and has failed to do so for a period of
thirty (30) days.
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 the 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 9, 1998, and marked Exhibit A, except as
otherwise provided in these conditions.
E. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
approved with this application.
F. The finished floor elevation on the residential building pad shall not
exceed 173.0 feet.
G. Grading for the project shall not exceed 2,030 cubic yards of cut soil and
2,030 cubic yards of fill soil, allowing for shrinkage of the soil when it is compacted.
H. The proposed basement shall not exceed 1,860 square feet.
I. The residential and total building pad coverage shall not exceed
27.68%.
J•
area.
The maximum disturbed area shall not exceed 15.9% of the net lot
K. Landscaping shall be provided and maintained to obscure the buildings
and the building pad with native drought -resistant vegetation that is compatible
with the surrounding vegetation of the community.
L. Prior to the submittal of an applicable final grading plan to the County
of Los Angeles for plan check, a detailed grading and drainage plan with related
RESOLUTION NO. 98-22
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geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
Planning Department staff for their review. Cut and fill slopes shall not exceed a
steepness of a 2 to 1 slope ratio.
M. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
N. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the project which would constitute additional
development shall require the filing of a new application for approval by the
Planning Commission.
O. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Site Plan approval, or the approvals shall not be effective.
P. All conditions of the Site Plan approval that apply must be complied
with prior to the issuance of a building or grading permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPT-T-HI 15 DAY OF DECEMBER, 1998..'
ALLAN ROBERTS, CHAIRMAN
ATTEST:
1 v/ ivv,-.'
MARILYN K, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 98-22 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING SITE PLAN REVIEW APPROVAL TO CONSTRUCT A NEW SINGLE FAMILY
RESIDENCE TO REPLACE AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
584.
was approved and adopted at a regular meeting of the Planning Commission on December 15, 1998 • by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts.
None.
None.
None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY C ERK
RESOLUTION NO. 98-22
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17.54.010
17.54 APPEALS
17.54.010 Time for Filing Appeals
A. All actions of the Planning Commission authorized by this
Title may be appealed to the City Council. All appeals shall
be filed in writing with the City Clerk.
B. All appeals must be filed on or before the 30th calendar day
after adoption of the Planning Commission's resolution on
the project or application. Application fees shall be paid as
required by Section 17.30.030 of this Title.
C. Within 30 days after the Planning Commission adopts a
resolution which approves or denies a development
application, the City Clerk shall place the resolution as a
report item on the City Council's agenda. The City Council
may, by an affirmative vote of three members, take
jurisdiction over the application. In the event the City
Council takes jurisdiction over the application, the Planning
Commission's decision will be stayed until the City Council
completes its proceedings in accordance with the provisions
of this Chapter.
17.54.020 Persons Authorized to File an Appeal
Any person, including the City Manager, may appeal a decision of
the Planning Commission to the City Council, in accordance with
the terms of this Chapter.
17.54.030 Form, Content, and Deficiencies in an Appeal Application
A. All appeals shall be filed in writing with the City Clerk on a
form or forms provided by the City Clerk. No appeal shall
be considered filed until the required appeal fee has been
received by the City Clerk.
B. The appeal application shall state, at a minimum, the name
and address of the appellant, the project and action being
appealed, and the reasons why the appellant believes that
the Planning Commission erred or abused its discretion, or
why the Planning Commission's decision is not support by
evidence in the record.
ROLLING HILLS ZONING
76 MAY u, 1993
17.54.030'
C. If the appeal application is found to be deficient, the City
Clerk shall deliver or mail (by certified mail), to the
appellant a notice specifying the reasons why the appeal is
deficient. The appellant shall correct the deficiency with an
amendment to the appeal form within seven calendar days of
receiving the deficiency notice. Otherwise, the appeal
application will be deemed withdrawn, and the appeal fee
will be returned to the applicant.
17.54.040 Request for Information
Upon receipt of a written and complete appeal application and fee,
the City Clerk shall direct the Planning Commission Secretary to
transmit to the City Council the complete record of the entire
proceeding before the Planning Commission.
17.54.050 Scheduling of Appeal Hearing
Upon receiving an appeal, the City Clerk shall set the appeal for a
hearing before the City Council to occur within 20 days of the filing
of the appeal. In the event that more than one appeal is filed for
the same project, the Clerk shall schedule all appeals to be heard
at the same time.
17.54.060 Proceedings
A. Noticing
The hearing shall be noticed as required by Section 17.30.030 of
this Title. In addition, the following parties shall be noticed:
1. The applicant of the proposal being appealed;
2. The appellant; and
3. Any person who provided oral testimony or written
comments to the Planning Commission during or as part of
the public hearing on the project.
B. Hearing
The City Council shall conduct a public hearing pursuant to the
provisions of Chapter 17.34 of this Title. The Council shall
consider all information in the record, as well as additional
information presented at the appeal hearing, before taking action
on the appeal.
77
ROLLING HILLS ZONING
MAY 24, 1993
• •
17.54.060
C. Action
The Council may act to uphold, overturn, or otherwise modify the
Planning Commission's original action on the proposal, or the
Council may remand the application back to the Planning
Commission for further review and direction. The Council shall
make findings to support its decision.
D. Finality of Decision
The action of the City Council to approve, conditionally approve, or
deny an application shall be final and conclusive.
E. Record of Proceedings
The decision of the City Council shall be set forth in full in a
resolution or ordinance, A copy of the decision shall be sent to the
applicant or the appellant.
17.54.070 Statute of Limitations
Any action challenging a final administrative order or decision by
the City made as a result of a proceeding in which by law a hearing
is required to be given, evidence is required to be taken, and
discretion regarding a final and non -appealable determination of
facts is vested in the City of Rolling Hills, the City Council, or in
any of its Commissions, officers, or employees, must be filed within
the time limits set forth in the California Code of Civil Procedure,
Section 1094.6
ROLLING HILLS ZONING
78 MAY 24, 1973