856, To build BBQ & spa adjacent to, Resolutions & Approval Conditions}
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RESOLUTION NO. 2014-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO
CONSTRUCT AN OUTDOOR KITCHEN IN THE FRONT YARD AND A
SPA IN THE FRONT SETBACK IN ZONING CASE NO. 856, AT 4
BUCKBOARD LANE (LOT 34-A-GF), (FIT). THE PROJECT HAS BEEN
DETERMINED TO BE EXEMPT FROM 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. Ian Fitt with respect to
real property located at 4 Buckboard Lane, Rolling Hills (Lot 34-A-GF) requesting a
Variance to construct a 76 square foot spa and 122 square foot outdoor kitchen. The spa
would be located in the front yard setback and both structures would be located in the
front yard area of the lot.
Section 2. The property is zoned RAS-2, located at the end of a cul-de-sac on
Buckboard Lane and is irregular in shape. The net lot area for development purposes is
67,966 square feet. The property is developed with a 4,123 square foot residence, 1,154
square foot garage, 3,096 square foot sports court, 744 square foot pool, 425 square foot
breezeway, pool equipment area, water feature and service yard. There is a set aside
area for a future stable and corral to the rear of the residence in the vicinity of the sports
court.
In March 2014 an over-the-counter approval was granted for an 83 square foot addition,
fire pit and fireplace, not in setbacks or front yard, and replacement of hardscape, which
are currently being implemented.
Section 3. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip visit and at their regular meeting on April 15
and April 16, 2014 respectively. 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' representatives were in attendance at the hearings. The field trip public
hearing and the regular meeting of the Planning Commission were properly noticed.
Section 4. 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 5. 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
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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. Sections 17.16.110 require a front yard setback of fifty feet (50') from
the roadway easement line. The applicants request a Variance to encroach into the front
yard setback to permit the construction of a spa. Section 17.12.250 requires that the front
yard area be unoccupied by any structure. The applicants request a Variance to
construct an outdoor kitchen in the front yard area. 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 the property or to the intended use that do not apply generally to the other
property or class of use in the same zone because the existing pool and deck area were
previously approved and constructed in the front of the residence and in setback. The
outdoor kitchen is an integral part of outdoor living in the City and there is no other
area, without further grading or Variance for locating it in the side setback, to place
such an outdoor amenity.
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. The Variance is necessary to allow the
property owner to carry the theme of outdoor living in the front yard. The Commission
has considered the nature, condition, and development of adjacent uses, buildings, and
structures, and the topography of the area in evaluating this finding and determined
that the proposed structures are minor and do not interfee with the openness of the lot.
In addition, the configuration of the lot and location of the existing residence and the
pool does not lend itself to construcitng any outdoor ameninty elsewhere on the lot.
The lot is long and narrow zoned RAS-2, which require 35-foot side yard setbacks. Said
setbacks take up a large area of the narrow lot and in order to construct any outdoor
amenities away from the front of the residence, but in the general location of the pool, a
Variance would be required for encroachment into the side setback.
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 structures are minor in nature an not visible to any
neighbors. No one came forward during the public hearing for or against the project. A
substantial portion of the lot will remain undeveloped.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variances in Zoning Case No. 856 to permit a 122 square foot
outdoor kitchen and 76 square foot spa in the front yard of the residence subject to the
following conditions:
A. The conditions of approval specified herein shall be printed on all
construction plans and shall be at all times available at the construction site.
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B. The Variances approval shall expire within two years from the effective
date of approval as defined in Sections 17.38.070(A) unless otherwise extended
pursuant to the requirements of that section.
C. It is declared and made a condition of the Variances approval, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder shall lapse; provided that the applicants have 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.
D. 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.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated April 3, 2014, except as otherwise provided in these
conditions.
F. There shall be no grading for the project. The lot has been previously
disturbed at 32.0% disturbance; with a future minimum permitted size stable and corral
the lot will be 33.4% disturbed.
G. The structural lot coverage, including the future stable shall not exceed
10,367 square feet or 15.3% of the net lot area, (discounting the allowances). The total lot
coverage shall not exceed 22,683 square feet or 26.0% of the net lot area.
H. The coverage on the 8,943 square foot residential building pad shall not
exceed 74.4%, with the allowances.
I. The pool and spa area shall be landscaped and screened from the private
road above. Two sets of landscaping plans shall be submitted to staff prior to obtaining
building permits. All landscaped areas shall utilize to the greatest extent feasible
mature native and drought resistant plants. Plants shall be utilized, which are
consistent with the rural character of the community and meet the fire department
requirements for fire resistant plants. Any trees and shrubs used in the landscaping
scheme for this project shall be planted in a way that will not result in a hedge like
screening and as not to impair views of neighboring properties but to screen the
project site.
J. The property owners shall be required to conform to the City of Rolling
Hills and RHCA Outdoor Lighting Standards.
K. No grading, construction or storage of any objects including building
materials shall take place in the easement, unless approved by the RHCA.
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L. 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.
M. The applicants shall execute an Affidavit of Acceptance Form of all
conditions of this Variance approval, pursuant to Section 17.38.060, or the approval
shall not be effective.
N. All conditions of this Variance approval must be complied with prior to
the issuance of a final inspection by City staff and Building Department.
O. This project shall be reviewed and approved by the Rolling Hills
Community Association Architectural Committee.
P. 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 20th DAY OF MAY 2014.
tAHEIFI CHAIRMAN
ATTEST:
HEIDI LUCE, CITY CLERK
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS)
) §§
I certify that the foregoing Resolution No. 2014-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO
CONSTRUCT AN OUTDOOR KITCHEN IN THE FRONT YARD AND A
SPA IN THE FRONT SETBACK IN ZONING CASE NO. 856, AT 4
BUCKBOARD LANE (LOT 34-A-GF), (FIT). THE PROJECT HAS BEEN
DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
May 20, 2014 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick and Chairman Chelf.
NOES: Commissioner Mirsch.
ABSENT: None.
ABSTAIN: Vice Chairperson Smith (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices.
4litratha)
HEIDI LUCE
CITY CLERK