698, Build a Cabana in side yard, Resolutions & Approval Conditions•
RESOLUTION NO. 2005-06.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO
CONSTRUCT A CABANA AND A VARIANCE TO ENCROACH WITH THE
CABANA INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 698 AT 5 LOWER
BLACKWATER CANYON ROAD, (LOT 82-RH), (RUZIC).
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 Ruzic
with respect to real property located at 5 Lower Blackwater Canyon Road, (Lot
82-RH), Rolling Hills, CA requesting a Conditional Use Permit to construct a 265
square foot cabana with 169 square foot attached covered patio and a Variance to
encroach with the cabana 3-feet into the north side yard setback.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on December 21, 2004, January 18, 2005 and
at a field trip visit on January 18, 2005. The applicants were 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 applicants and the applicants' representative were in attendance at
the hearings.
Section 3 In 1998, the applicants received an approval for the
construction of a new 5,167 square foot residence, 1,408 square foot garage, 2,080
square foot basement, a 450 square foot future stable and a 96 square foot service
yard. This construction is completed. A 922 square foot pool, pool deck and
landscaping were administratively approved in February of 2004, which are
currently being completed.
Section 4. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 5. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code
permits approval of a cabana under certain conditions, provided the Planning
Commission approves a Conditional Use Permit. The applicant is requesting to
construct a 265 square foot cabana with 169 square foot covered patio. 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 construction of a
cabana would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan and will be desirable for the public convenience and
welfare because the use is consistent with similar uses in the community, and the
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area proposed for the cabana would be located in an area on the property where
such use will not change the existing configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a cabana will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the proposed cabana will be located in a cluster on a separate
building pad with the pool and will promote pad integration. The proposed
cabana is of sufficient distance from nearby residences so that the cabana will 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 cabana will comply with
the low profile residential development pattern of the community. The height of
the structure will be restricted to 14 feet maximum from the finished floor.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 265 square foot size of the
cabana is less than the maximum permitted under the Municipal Code.
E. The proposed conditional use is consistent with the portions of the
Los Angeles County Hazardous Waste Management Plan relating to siting and
siting criteria for hazardous waste facilities 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, adjacent corral and access.
Section 6. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Conditional Use Permit for
the construction of a 265 square foot cabana with 169 square foot covered patio,
in accordance with the development plan dated February 1, 2005 and marked
Exhibit A in Zoning Case No. 698 subject to the conditions contained in Section 9
of this Resolution.
Section 7. 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 17.16.120 is required because it states that every lot in the
RAS-2 zone shall have a side yard of not less than 35 feet from the side property
line. The applicant is requesting a Variance to encroach 3 feet into the 35-foot
north side yard setback. With respect to this request for a Variance, the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
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conditions applicable to the property that do not apply generally to the other
property or class of use in the same zone because the configuration of the lot and
the steep topography of the lot together with the fact that the lot is bisected by a
road creates difficulty in constructing the cabana elsewhere on the property.
Locating the cabana 3-feet into the side yard setback will eliminate the need for
additional grading of the lot and will cause the construction to be
straightforward. The Planning Commission considered other locations for the
cabana, so that a variance would not be required. Locating the cabana in a
different area of the existing swimming pool building pad would cause the
cabana to be located in the front yard setback or require extensive soils and
geology studies together with additional grading and construction of caissons.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property 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 vicinity and zone. The
encroachment permits the use of the lot to the extent allowed for other properties
in the vicinity. The Variance will permit the development of the property in a
manner similar to development patterns on surrounding properties and
minimize grading. The lot size and configuration, together with the existing
development on the lot creates a difficulty in meeting the side yard setback Code
requirement. The lot is large for the zone in which it is located, however due to
the steep topography, very long frontage of the lot and the fact that the street
bisects the property, the buildable area on the lot is drastically reduced.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located. The 3-foot encroachment into
the side yard will allow the remaining portion of the lot to remain undeveloped
and would minimize grading. The cabana will be screened from the adjacent
property, and as required by the conditions of this approval, will enhance the
aesthetics of the side yard area and of the adjacent property.
Section 8. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 698 to encroach
3 feet into the north side yard setback with the cabana, subject to the conditions
specified in Section 9.
Section 9. The Conditional Use Permit approved in Section 6 and the
Variance approved in Section 8 of this Resolution are subject to the following
conditions:
A. The Conditional Use Permit and Variance approval shall expire
within two years from the effective date of approval if construction pursuant to
this approval has not commenced within that time period, as required by
Sections 17.38.070(A) and 17.42.070(A) of the Rolling Hills Municipal Code, or
the approval granted is otherwise extended pursuant to the requirements of
those sections.
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B. It is declared and made a condition of the approval, that if any
conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the provided that the
City has given the applicants 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 Building 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 revised site plan on file marked Exhibit A and dated
February 1, 2005, 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. There shall be no grading for this project.
G. Structural lot coverage shall not exceed 8,477 square feet or 4.4%.
H. Total lot coverage of structures and paved areas shall not exceed
15,688 square feet or 8.0% in conformance with lot coverage limitations.
I. The disturbed area of the lot shall not exceed 40,944 square feet or
21.0% of the net lot area in conformance with lot disturbance limitations.
J. Residential building pad coverage on the 22,016 square foot
residential building pad shall be 32.3%, which includes the future stable,
(previously approved 30.03% coverage). Coverage on the 3,712 square foot
pool / cabana building pad shall not exceed 1,356 square feet or 36.53%, which
includes the covered patio.
K. The proposed cabana shall not exceed 265 square feet with 169
square feet attached covered patio and shall meet all requirements of the Zoning
Code, which include, but is not limited to the following:
a. No kitchen or other cooking facilities shall be permitted
within the cabana.
b. No sleeping quarters shall be permitted.
L A 1,000 square foot area, feasible for development of a future
stable, corral and access thereto, as required by the Zoning Code, has been set
aside on the property.
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M. The building pad area in connection with this project shall be
landscaped. The landscaping shall include water efficient irrigation, to the
maximum extent feasible, 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 in
accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of
the Rolling Hills Municipal Code.
N. The landscaping in connection with this project shall be designed
using native plants, shrubs and trees. The trees and shrubs used in the
landscaping scheme, shall be planted so as not to obstruct views of neighboring
properties but to screen the cabana on site, and which at full maturity shall not
exceed the ridge height of the cabana. Planting shall not be permitted in the
easement, unless permitted by the Rolling Hills Community Association.
0 During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
P. During construction, conformance with the air quality management
district requirements, 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, and objectionable odors shall be
required.
Q. During construction, an Erosion Control Plan containing the
elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los
Angeles.
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. 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.
T. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of septic tanks.
U. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of stormwater drainage facilities.
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V. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste.
W. The property owners shall be required to conform to the City of
Rolling Hills Outdoor Lighting Standards Ordinance, (Ordinance No. 287).
X. The County District Engineer shall review and approve a drainage
plan, taking into consideration any water from the site irrigation systems and
assure that all drainage from the site is conveyed in an approved manner.
Y. All utility lines shall be placed underground. The roof material for
the new cabana shall comply with the City of Rolling Hills Building Code
requirements.
Z. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
building permit.
AA. Until the applicants execute an Affidavit of Acceptance of all
conditions of this approval, the approvals shall not be effective.
AB. All conditions of the Conditional Use and Variance approval, that
apply, shall be complied with prior to the issuance of building permit from the
County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF FEBRUARY, 2005.
ROGilk SOMMER, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2005-06 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE
PERMIT TO CONSTRUCT A CABANA AND A VARIANCE TO
ENCROACH WITH THE CABANA INTO THE SIDE YARD
SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 698 AT 5 LOWER BLACKWATER CANYON
ROAD, (LOT 82-RH), (RUZIC).
was approved and adopted at a regular meeting of the Planning Commission on
February 15, 2005 by the following roll call vote:
AYES: Commissioner DeRoy, Hankins, Margeta, Witte and Chairman
Sommer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2005-06
Ruzic
ki
DEPU CITY CLERK
7
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
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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
PAGE 3 OF 4
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 ADOPTED-THIS15'I P DAY OF DECEMBER, 1998..
ALLAN ROBERTS, CHAIRMAN
ATTEST:
1 C iv
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:
Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts.
None.
None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
RESOLUTION NO. 98-22
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