804, New Cabana for an existing poo, Resolutions & Approval ConditionsRESOLUTION NO. 2013-15
A RESOLUTION OF THE PLANNING COMMISSION OF . THE
CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO
COMMENCE CONSTRUCTION OF A CABANA AT 7 LOWER
BLACKWATER CANYON ROAD, LOT 83-RH, (ROSEN).
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 Mrs. Linda Rosen with respect
to real property located at 7 Lower Blackwater Canyon Road requesting a 24-months
time extension to . comply with the requirements of Resolution No. 2011-10 to
commence construction of a cabana.
Section 2. The Commission considered this item at a meeting on October
15, 2013 at which time information was presented indicating that additional time is
needed to process the plans and obtain building permits.
Section 3. Based upon information and evidence submitted, the, Planning
Commission granted the request for time extension and does hereby amend
Paragraph A, Section 6 of Resolution No. 2011-10, dated September 20, 2011 to read as
follows:
A. The Conditional Use Permit approval shall expire within four years from
the effective date of this approval if construction pursuant to this approval has
not commenced within that time period, as required by Section 17.46.080(A) of
the Rolling Hills Municipal Code.
Section 4. Except as herein amended, the provisions and conditions of
Resolution No. 2011-10 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF OCTOBER 2013.
B,KAD CHELF, CHA
ATTEST:
HEIDI LUCE
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2013-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A TIME EXTENSION TO COMMENCE
CONSTRUCTION OF A CABANA 7 LOWER BLACKWATER CANYON
ROAD, LOT 83-RH, (ROSEN).
was approved and adopted at a regular meeting of the Planning Commission on
October 15, 2013 by the following roll .call vote:
AYES: Commissioners 'Gray, Mirsch, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at, the following:
Administrative Offices
HEIDI LUCE
DEPUTY CITY CLERK
RESOLUTION NO.2011-10.
A RESOLUTION OF THE .PLANNING COMMISSION OF THE' CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT (CUP) TO
CONSTRUCT A CABANA ON A PROPERTY DEVELOPED WITH A SINGLE
FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE
NO. 804, AT 7 LOWER BLACKWATER CANYON ROAD, LOT 83-RH),
(ROSEN). 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. Lee . Rosen with
respect to real property located at 7 Lower Blackwater Canyon Road (Lot 83-RH)
Rolling Hills, requesting a Conditional Use Permit to construct a 703 square foot
cabana with a fire place, barbeque, bar area and a sitting area.
Section 2 The Planning Commission conducted duly noticed public
hearings to consider the application on September 20, 2011 at a public hearing
conducted in the field. Neighbors were notified and invited to the hearings. The
applicant and the applicant's representatives were in attendance at the hearings.
Section 3. • The applicant was notified of the above -referenced hearing in
writing by first class mail. , Evidence was heard and presented . from all persons
interested in affecting said proposal, from all persons protesting the same, and from
members of the City staff. The Planning Commission having reviewed, analyzed and
studied the information found that the project is satisfactory and meets the City's
Conditional Use Permit criteria based on the findings enumerated below.
Section 4. The Planning Commission finds that the project qualifies as a
Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore
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. 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 cabana would be consistent
with the purposes and objectives of the Zoning Ordinance and General Plan because
the use is consistent with similar uses in thecommunity, meets all the applicable
development standards of the Zoning Ordinance and no deviations from the
development standards are requested.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a cabana will not adversely
Z.C. NO. 804 1
affect or be materially detrimental to these adjacent uses, buildings, or structures
because the 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 complies with the low profile
residential development pattern of the community, will be located on an existing
building pad and will be screened from neighbors' view.
D. The 'proposed conditional use complies with all applicable development
standards of the zone district because the 703 square foot size of the cabana does not
exceed the maximum permitted under the Municipal Code and the cabana does not
encroach into any setback areas and is not located in the front.
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 the proposed project meets all of the developmentstandards of
the Zoning Regulations and has an existing stable, corral and access thereto. No
grading is necessary for construction of the cabana and the structure will not be
obtrusive to neighbors.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 6. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves a Conditional Use Permit for a 703 square
foot cabana with built in barbeque, fire place, bar and sittingarea in accordance with
the development . plan dated August 25, 2011 in Zoning Case No. 804 subject to the
following conditions:
A. The Conditional Use Permit approval shall expire within two years from
the effective date of this approval if construction pursuant to this approval has not
commenced. within that time period, as required by Section 17.46.080(A) of the Rolling
Hills Municipal Code.
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
hereunder 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.
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
Z.C. NO. 804
with unless otherwise set forth in the Permit, or shown otherwise on an approved plan,
including the following conditions:,
a. The cabana shall not be located in the front yard or any setback.
b. The maximum size of the cabana shall not exceed 703 sq.ft.
c. Barbeque, fire place and outdoor kitchen amenities within the
structure are permitted.
d. No sleeping or renting of the cabana shall be permitted.
D. Thelot shall be developed and maintained in substantial conformance
with the site plan on file dated August 25, 2011, except as otherwise provided in these
conditions.
E. The property on which the project is located shall contain an area of
sufficient size and .which meets all standards for a stable and corral with vehicular
access thereto. The existing stable structure shall meet the requirements of Section 17.18
of the Zoning Ordinance and may not be converted to uses not specifically provided for
in said Section.
F. The working drawings submitted to the Building and Safety Department
for : plan check review must conform to the development plan approved with this
application.
G. There shall be no grading for this project.
H. Structural lot coverage shall not exceed 12,208 square feet or 5.4% in
conformance with structural coverage requirements.
I. Total lot coverage of structures and paved areas shall not exceed 30,583
square feet or 13.5% in conformance with lot coverage limitations.
J. The disturbed area of the lot shall not exceed 70,246 square feet or 31.1%
of the net lot area in conformance with lot disturbance limitations.
K. Residential building pad coverage on the existing 43,799 square foot
residential building pad shall not exceed 10,030 square feet or 22.9%. The stable
building pad is 5,845 square feet and has 25% coverage. The third building pad consisting of 9,658 square feet is not developed.
L. Utility lines to the cabana shall be placed underground.
M. The roof material for the cabana shall be of Class "A" construction and
Class "A" material, and shall be approved by the RHCA.
N. The cabana shall be screened from nearby properties by trees and shrubs,
however such planting, location and distance shall be approved by , the Fire
Department Fuel"Modification Unit. Prior to obtaining a building perrnit, two copies of
a landscaping plan for screening of the structure shall be' submitted to the Planning
Z.C. NO. 804
Department for review and approval. No hedge like configuration shall result from the
planting.
O. If the proposed landscaped area is 5,000 square feet or larger, the project
shall be subject to the Water Efficient Landscape Ordinance, Section 13.18 of the
Municipal Code, and appropriate plans, forms and calculations shall be submitted to
the City prior to obtaining a building permit.
P. Conformance with the air quality management district requirements,
(AQMD), stormwater pollution prevention practices, stormwater drainage facilities
construction and maintenance and any . county and local ordinances and engineering
practices shall be required, so that people or property are not exposed to undue vehicle
trips, noise, dust, stormwater pollution and objectionable odors.
Q. During construction all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby roadway easements.
R 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.
S. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for connecting
and maintenance to the septic tank, if required for the cabana.
T. 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.
U. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance.
V. Drainage plan for the project shall be reviewed and approved by the
Building and Safety Department. The drainage shall be designed to include all water
discharge from the site's irrigation system and to assure that all drainage from the site
is conveyed in an approved manner and not cause erosion of the slopes. No drain
structure shall be located in easements, unless approved by the Rolling Hills
Community Association.
W. The property owner and/or his/her contractor/ applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
X. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard definitions#FIR
Z.C. NO.804 4
E. It is the sole responsibility of the property owner and / or his / her contractor to
monitor the red flag warning conditions.
Y. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committees
Z. A minimum of 50% of the construction and demolition material shall be
recycled and verification submitted to the City. A hauling permit shall be obtained
from the City by the construction/ demolition hauler.
AA. , The conditions of approval specified herein shall be printed on the
Plans submitted to RHCA and to Building and Safety Department for plan check
review and on all subsequent plans.
AB. Until the applicant executes an Affidavit of Acceptance of all conditions
of the Conditional Use Permit, and such affidavit is recorded together with this
resolution, the approval shall not be effective.
AC. 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 SEPTEMBER 2011.
HEIDI LUCE, DEPUTY CITY CLERK
Z.C. NO. 804 5
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2011-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT (CUP) TO
CONSTRUCT A CABANA ON A PROPERTY DEVELOPED WITH A SINGLE
FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE
NO. 804, AT 7 LOWER BLACKWATER CANYON ROAD, LOT 83-RH),
(ROSEN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
September 20, 2011 by the following roll call vote:
AYES: Commissioners Chelf, Henke, Smith and Chairman Pieper.
NOES: None.
ABSENT: Commissioner DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
Z.C. NO. 804