539, Construct a Guest House, Resolutions & Approval Conditions• •
RESOLUTION NO. 96-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A GUEST HOUSE AND APPROVING
THE ADDITION OF THE SAME GUEST HOUSE TO A PREVIOUSLY
APPROVED SITE PLAN REVIEW APPLICATION FOR THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENTIAL
DEVELOPMENT IN ZONING CASE NO. 539.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. John Z. Blazevich with
respect to real property at 1 Buggy Whip Drive (Lot 176-A-MS and a portion of Lot
176-MS) requesting a Conditional Use Permit to permit construction of a guest
house and requesting Site Plan Review for the addition of the same guest house to
an approved site plan review application for the construction of a new single family
residence and other improvements to replace an existing single family residence.
Section 2. The City Council had approved a site plan for the property on
February 14, 1995 by Resolution No. 754 after taking jurisdiction of the application.
This site plan (Zoning Case No. 505A) included a semisubterranean garage.
Previously, the Planning Commission had approved Resolution No. 94-21 in
Zoning Case No. 505A on November 22, 1994.
Section 3. On October 17, 1995, the Planning Commission approved a
request for modifications to an approved Site Plan Review application for the
construction of a new single family residence, tennis court and other improvements
to replace an existing single family residence and tennis court.
Section 4. The Planning Commission conducted a duly noticed public
hearing to consider the applications on March 19, 1996 and April 16, 1996, and at a
field trip visit on March 30, 1996.
Section 5. During the hearing process, the Planning Commission reviewed
a silhouette of the proposed guest house at the site and also from the adjacent
property at 13 Crest Road West.
Section 6. The Planning Commission finds that the project qualifies as a
Class 3 Exemption [State CEQA Guidelines, Section 15303(e)] and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 7. Sections 17.16.210(A)(5) of the Rolling Hills Municipal Code
permits approval of a Guest House under certain conditions. The applicant is
RESOLUTION NO. 96-10
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requesting to construct an 800 square foot guest house near the western portion of
the lot. 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
guest house 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
area proposed for the guest house will not require a change of the existing
configuration of proposed structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a guest house will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the proposed guest house will be constructed on a portion of the
building pad and is a sufficient distance from nearby residences and Buggy Whip
Drive so that the guest house 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 guest house will comply with the
low profile residential development pattern of the community and is located on a
7.43 acre parcel of property that is adequate in size, shape and topography to
accommodate such use.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 800 square foot size of the
guest house equals the 800 square foot maximum permitted and the guest house
does not encroach into any setback areas.
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 there is a future stable structure and corral proposed for
the lot.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves a Conditional Use Permit for the construction of an 800 square foot
guest house in accordance with the Development Plan dated April 3, 1996 and
marked Exhibit A in Zoning Case No. 539 subject to the conditions contained in
Section 11 of this resolution.
RESOLUTION NO. 96-10
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Section 9. Section 17.46.010 of the Rolling Hills Municipal Code 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 may be made which involve changes to grading or an
increase to 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. In addition, a condition of Resolution
No. 95-14 required that any modifications to the project which would constitute
additional structural development requires the filing of a new application for Site
Plan Review approval by the Planning Commission. The applicant is requesting to
modify the site plan by adding a guest house structure. With respect to this request,
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 guest house
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 277,844 square feet (7.43 acres). The residence (9,333
sq.ft.), attached garage (2,265 sq.ft.), swimming pool (1,310 sq. ft.), inset tennis court
(7,060 sq.ft.), stable (450 sq.ft.), service yard (96 sq.ft.); and guest house (800 sq.ft.) will
have 21,314 square feet which constitutes 7.67% of the lot which is within the
maximum 20% structural lot coverage requirement. The total lot coverage
including paved areas and driveway will be 38,372 square feet which equals 13.81%
of the lot, which is within the 35% maximum overall lot coverage requirement. The
proposed project is on a relatively large lot with the proposed structures located
away from the road so as to reduce the visual impact of the development and is
similar and compatible with several neighboring developments. The building pad
is 86,205 square feet and structural coverage on the building pad is 24.47%.
B. The proposed development 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 (such as hillsides and knolls) and grading for the guest house will not be
required.
C. The development plan follows natural contours of the site to
minimize grading and the natural drainage courses will continue to the eastern
canyon at the rear of the lot.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible and supplements it 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
RESOLUTION NO. 96-10
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structures will not cause the structural and total lot coverage to be exceeded.
Significant portions of the lot will be left undeveloped so as to minimize the impact
of development. Further, the proposed project will have a buildable pad coverage of
24.47%. Significant portions of the lot will be left undeveloped so as to maintain
scenic vistas across the northerly portions of the property.
F. The proposed development, as conditioned, 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 and the proposed
project is consistent with the scale of the neighborhood when compared to this very
large lot. Grading shall be permitted only to restore the natural slope of the property.
The ratio of the proposed structure to lot size is similar to the ratio found on several
properties in the vicinity.
G. The applicant's latest proposal submitted on March 5, 1996, includes a
guest house structure of 800 square feet. The Planning Commission finds that a
structure of this size on this lot and as proposed would comply with the
requirements of the City's Site Plan Review Ordinance. Specifically, a guest house
of this size would be consistent with the low profile, low -density residential
development pattern of the existing community. The size of this structure in
conjunction with other proposed improvements on the property would not crowd
the building pad or create a visually obtrusive development inconsistent with the
development on other properties along Buggy Whip Drive.
H. The proposed development is sensitive to and not detrimental to the
convenience and safety of circulation of pedestrians and vehicles because the
proposed project will utilize Buggy Whip Drive for access and has been conditioned
to provide adequate sight distance between the driveway and approaching vehicles
along Buggy Whip Drive.
I. The project will not have a significant effect on the environment and
the Planning Commission adopted a mitigated Negative Declaration in accordance
with the California Environmental Quality Act.
Section 10. Based upon the foregoing findings, the Planning Commission
hereby approves Site Plan Review for the construction of an 800 square foot guest
house in accordance with the Development Plan dated April 3, 1996 and marked
Exhibit A in Zoning Case No. 539 subject to the conditions contained in Section 11 of
this resolution.
Section 11. The Conditional Use Permit for a guest house approved in
Section 8 and the modification to the previously approved Site Plan Review
application approved in Section 10 as indicated on the Development Plan attached
hereto and incorporated herein as Exhibit A dated April 3, 1996, are subject to the
following conditions:
RESOLUTION NO. 96-10
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A. No kitchen or other cooking facilities shall be provided within the new
guest house.
B. No vehicular access or paved parking area shall be developed within 50
feet of the new guest house.
C. Occupancy of the new guest house shall be limited to persons
employed on the premises and their immediate family or by the temporary guest of
the occupants of the main residence. No guest may remain in occupancy for more
than 30 days in any six month period.
D. Renting of the new guest house is prohibited.
E. Building permits shall be obtained for each structure including
residence, attached garage, pool, stable, retaining walls, tennis court, and guest
house.
***
The following conditions were imposed in connection with the approval of an
application for a Site Plan Review on October 17, 1995, Resolution No. 95-14, for a
new single family residential development on this property and these conditions
shall remain in full force and effect:
A. Conditional Use Permit and Site Plan Review approvals shall expire
within one year from the effective date of approval as defined in Sections
17.42.070(A) and 17.46.080(A).
B. It is declared and made a condition of the Conditional Use Permit and
Site Plan Review approvals, that if any conditions thereof are violated, the Permit
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 Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise approved by Variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A dated October 17, 1995 except as
otherwise provided in these conditions.
E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and corral
with vehicular access thereto.
RESOLUTION NO. 96-10
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F. Structural lot coverage shall not exceed 21,314 square feet or 7.67% and
total lot coverage of structures and paved areas shall not exceed 38,372 square feet or
13.81%.
G. Grading shall not exceed 7,650 cubic yards of cut soil and 7,650 cubic
yards of fill soil.
H. Maximum disturbed area shall not exceed 39.3%.
I. All grading required for the construction of the tennis court shall be
balanced on site, as regards cutting and filling and shall not exceed seven hundred
fifty (750) cubic yards.
J. The area graded for the tennis court shall not exceed 10,000 square feet.
K. Any grading shall preserve the existing topography, flora, and natural
features to the greatest extent possible.
L. A drainage system approved by the City Engineer shall be incorporated
into the overall plan of the tennis court and landscaping.
M. The landscape plan must be submitted for review by the Planning
Department and include native drought -resistant vegetation that will not disrupt
the impact of the views of neighboring properties prior to the issuance of any
building or grading permit. The landscaping plan submitted must comply with the
purpose and intent of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the maximum extent
feasible, plants that are native to the area and/or consistent with the rural character
of the community.
A bond in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a
grading and building permit and shall be retained with the City for not less than two
years after landscape installation. The retained bond will be released by the City
Manager after the City Manager determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
N. Landscaping shall be designed so as not to obstruct views of
neighboring properties but, to obscure structures and tennis court fencing.
O. Tennis court lighting shall not be permitted.
P. All retaining walls incorporated into the tennis court shall not be
greater than four feet in height at any point. Exposed exterior retaining walls shall
not be permitted.
RESOLUTION NO. 96-10
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Q. Tennis court fencing shall not exceed 4 feet in height above the 4 foot
high retaining walls for a total of 8 feet.
R. Noise from tennis court use shall not create a nuisance to owners of
surrounding properties.
S. There shall be only a single driveway access to Buggy Whip Drive
which shall be located so that its southerly edge is 43 feet north of the southerly
property line on Buggy Whip Drive.
T. The driveway apron shall be 26 feet in width for at least 24 feet inward
from Buggy Whip Drive.
U. The driveway shall not be less than 16 feet nor more than 20 feet in
width. The driveway leading from the roadway shall be revised to reflect the
driveway configuration within the front yard setback shown on the site plan dated
February 14,1995.
V. The trees within the driveway access area along Buggy Whip Drive
shall be trimmed and maintained to accommodate sight distance for ingress and
egress to the property.
W . During the construction phase, the currently configured driveway
entrance near the southerly boundary may be utilized. .
X. The modifications to the driveway described in Conditions U, V, W
and X shall be implemented within six months of the approval of this resolution.
Y. 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
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 must conform to the
City of Rolling Hills standard of 2 to 1 slope ratio.
Z. 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.
AA. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
described in Condition A.
RESOLUTION NO. 96-10
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BB. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Conditional Use Permit and Site Plan Review, pursuant to Section 17.42.060,
or the approval shall not be effective.
CC. In the event that subsurface material of an archaeological,
paleontological or other cultural resource is encountered during project grading or
development, all grading and construction shall cease in the immediate area, and
the find shall be left untouched until a qualified professional archaeologist or
paleontologist, whichever is appropriate, is contacted and called in to evaluate the
find and makes recommendations as to disposition, mitigation or salvage. The
developer shall incur the cost of such professional investigation. The developer
shall comply with the mitigation measures recommended and approved by the City
for the disposition, mitigation or salvage of such material.
DD. Further subdivision of the property shall not be permitted.
EE. During the construction phase, the existing guest house that
encroaches into the front yard setback may be used as a construction workroom.
However, the existing guest house along with the existing driveway that parallels
Buggy Whip Drive shall be demolished and all related debris removed prior to final
inspection of the newly constructed residential structure by the County Department
of Building and Safety and the Rolling Hills Planning Department.
FF. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional structural
development shall require the filing of a new application for Site Plan Review
approval by the Planning Commission.
GG. All conditions of these Site Plan Review and Conditional Use Permit
approvals must be complied with prior to the issuance of a building or grading
permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED ON T .' 21ST DAY, 1996.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
r\k.,ttitA--Q--)0,-. ,t)„,()
MARILYN KELRN, DEPUTY CITY CLERK
RESOLUTION NO. 96-10
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• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 96-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A GUEST HOUSE AND APPROVING
THE ADDITION OF THE SAME GUEST HOUSE TO A PREVIOUSLY
APPROVED SITE PLAN REVIEW APPLICATION FOR THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENTIAL
DEVELOPMENT IN ZONING CASE NO. 539.
was approved and adopted at a regular meeting of the Planning Commission on
May 21, 1996 by the following roll call vote:
AYES: Commissioners Hankins, Sommer, Witte and Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None .
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN
. k ukfr-
RN, DEPUTY CITY CLERK
RESOLUTION NO. 96-10
PAGE 9 OF 9