875, Convert existing Cabana into g, Staff Reports1
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•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 4-A
Mtg. Date: 04/13/15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
THRU: RAYMOND R. CRUZ, CITY MANAGER
SUBJECT: RESOLUTION NO. 2015-03. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A
CONDITIONAL USE PERMIT AND A VARIANCE TO CONVERT AN
EXISTING CABANA TO A GUEST HOUSE THAT ENCROACHES INTO
THE NORTH SIDE YARD SETBACK AT 5 LOWER BLACKWATER
CANYON ROAD IN ZONING CASE NO. 875 (LOT 82-RH) IN ROLLING
HILLS, CA, (RUZIC).
RECOMMENDATION, REQUEST AND PLANNING COMMISSION ACTION
1. It is recommended that the City Council receive and file this report or provide
other direction to staff.
2. The applicant requests a Conditional Use Permit to convert an existing 265 square
foot cabana with 169 square foot attached covered porch into a guest house and enclose
the covered porch, so that the total square feet of the guest house would be 434 square
feet and a Variance to encroach with the new enclosed portion of the guest house 3-feet
into the north side yard setback.
3. The Planning Commission by a vote 5-0 approved this request and adopted a
Resolution of approval with standard findings of facts and conditions, including that the
guest house be screened from the street.
The Planning Commission found that the change out from a cabanato a guest house is
not a significant change in use, where both are allowed with a CUP and enclosing the
ZC NO. 875
5 Lower Blackwater Cny Rd.
0
•
porch, which encroaches 3-feet into the side setback would not cause a substantial
change in the appearance or massing of the structure.
BACKGROUND AND MUNICIPAL CODE COMPLIANCE
4. In 2005 the applicant was granted a CUP and a Variance to construct a 265
square foot pool cabana with 169 square foot covered porch, for a total of 434 square
feet of structures, and a Variance to encroach 3 feet with the cabana and the porch into
the side yard setback. The property is zoned RAS-2 and requires a 35-feet side setback.
5. An area for a future stable and corral was set aside with a previous application
on a separate building pad west of the existing residence. Access to the stable is
available from Lower Blackwater Canyon Road located to the southwest of the existing
driveway at a slope that is not greater than 25%.
6. The lot h.as a net area of 4.5 acres; most of it consists of steep slopes. The lot is
irregular in shape with Lower Blackwater Canyon Road crossing over the lot. The lot
has over 600 lineal feet of street frontage, and therefore a very long front yard along that
frontage, where no construction is permitted.
7. The net lot area of the lot is 194,713 square feet. The structural lot coverage is
8,522 square feet or 4.4%, which includes the future stable, (20% maximum permitted).
The total lot coverage is 15,774 square feet or 8.1% (35% maximum permitted). Neither
the structural or total lot coverage will be affected by the proposed conversion.
8. The existing residential building pad is 22,016 square feet and the building
coverage on this pad is 30.03%, as previously approved and will not be affected by this
proposal. The guest house will be located on an existing pad consisting of 3,712 square
feet, (not in setback). This pad has coverage of 1,356 square feet or 36.53%, which will
remain the same.
9. Disturbed area of the lot is 40,944 square feet or 21.0% (40% maximum
permitted).
10. The applicant is proposing to change the use from a cabana to a guest house and
enclose the previously approved covered porch; therefore a new CUP for the use is
required. A portion of the now enclosed porch would be located in the side setback
therefore a Variance is required. When converting the use, the applicant will be
required to comply with the requirements for a guest house per Section 17.16.210 A 5 of
the Zoning Ordinance:
Guest house is allowed with a CUP providing that the following conditions are met:
a. Shall not exceed eight hundred square feet.
b. Shall not be located in the front yard or any setback.
ZC NO. 875
5 Lower Blackwater Canyon Rd.
0
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c. A kitchenette and sanitary facility consisting of a shower, sink and
toilet shall be permitted.
d. No vehicular access or paved parking area shall be developed within
fifty feet of the guest house.
e. Occupancy of the guest house shall be limited to persons employed on
the premises, the immediate family of the occupants of the main
residence or by the temporary guests of the occupants of the main
residence. No temporary guest may remain in occupancy for more than
thirty days in any six-month period.
f. Renting of a guest house is prohibited.
g•
All requirements of this title must be complied with unless otherwise
set forth in the permit or approved plan.
h. A landscaping plan shall be submitted to the City of Rolling Hills
Planning Department staff or Planning Commission - if requested, for
approval. The plan submitted must comply with the purpose and intent
of site plan review, as specified in Chapter 17.46 of this title.
11. The applicant states that there is an existing cabana and covered porch in the
location already and the only change is that the covered porch will be enclosed to
include it in the floor plan of the guest house. The guest house will not have any
negative effect on adjacent properties.
12. The Rolling Hills Community Association will review the project at a future date.
13. The ' project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
ZC NO. 875
5 Lower Blackwater Canyon Rd.
ZONING CASE NO. 875
DEVELOPMENT CRITERIA
RA-S-2 ZONE SETBACKS
Front: 50 ft. from front easement
line
Side: 35 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
CUP required for a cabana or guest
house; VARAINCE for side yard
encroachment required
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING PAD
COVERAGE
POOL/GUEST HS. PAD
GRADING
DISTURBED AREA
40% maximum; any graded
building pad area, any remedial
grading any graded slopes and any
nongraded area where impervious
surfaces exist.
STABLE (450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
ZC NO. 875
5 Lower Blackwater Canyon Rd.
EXISTING
Single family residence
with accessory structures,
including cabana
Residence
Garage
Service Yard
Pool
Pool eqpm.
Stable
5,167 sq.ft.
1,408 sq.ft.
96 sq.ft.
922 sq.ft.
75 sq.ft.
450 sq.ft.
Cabana 265 sq.ft.
Covered porch 169 sq.ft.
Basement 2080 sq.ft.
Total 8,552 sq.ft.
4.4%
8.1%
30.03% of 22,016 sq.ft.
residential bldg.pad
36.53% of 3,712 sq.ft. pad
N/A
21.0% or 40,944 sq.ft.
(includes future stable and
access road)
450 sq.ft. stable
550 sq.ft. corral
From Blackwater Canyon
Road
Existing off Lower
Blackwater Canyon Road
N/A
N/A
PROPOSED
Same as existing, but
convert cabana to a guest
house & enclose a porch
Residence
Garage
Service Yard
Pool
Pool eqpm.
Stable
Guest House
Basement
Total
5,167 sq.ft.
1,408 sq.ft.
96 sq.ft.
922 sq.ft.
75 sq.ft.
450 sq.ft.
434 sq.ft.
2080 sq.ft.
8,552 sq.ft.
4.4% of 194,713 sq.ft. net
lot area
15,774 sq.ft. or 8.1%
30.03% of 22,016 sq.ft.
residential bldg.pad
36.53% of 3,712 sq.ft. pad
None
21.0% or 40,944 sq.ft.
(includes future stable and
access road)
450 sq.ft. stable -future
550 sq.ft. corral -future
From Blackwater Canyon
Road
Existing
N/A
N/A
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CRITERIA FOR VARIANCES
17.38.050 Required. findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone
but which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be
observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
1T 42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use
permit application, may impose conditions as are reasonably necessary to ensure the
project is consistent with the General Plan, compatible with surrounding land use, and
meets the provisions and intent of this title. In making such a determination, the
hearing body shall find that the proposed use is in general accord with the following
principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings
and structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable
development standards of the zone district;
E. That the proposed 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;
F. That the proposed conditional uses observes the spirit and intent of this
title.
ZC NO. 875
5 Lower Blackwater Canyon Rd.
•
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RESOLUTION NO. 2015-03.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT AND A
VARIANCE TO CONVERT AN EXISTING CABANA TO A GUEST HOUSE
THAT ENCROACHES INTO THE NORTH SIDE YARD SETBACK AT 5
LOWER BLACKWATER CANYON ROAD IN ZONING CASE NO. 875 (LOT
82-RH) IN ROLLING HILLS, CA, (RUZIC). 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. 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 convert an
existing 265 square foot cabana with 169 square foot attached covered porch into
a guest house and enclose the covered porch, so that the total square feet of the
guest house would be 434 square feet and a Variance to encroach with the now
enclosed portion of the guest house 3-feet into the north side yard setback.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on February 17, 2015 at a regular Plannig
Commission meeting and in the field also on February 17, 2015. 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 were in attendance at the
hearings.
Section 3. In 2005, the applicants received an approval for the
construction of a new 265 square foot cabana with 169 square foot covered porch,
partially located in the side setback.
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)(5) of the Rolling Hills Municipal Code
permits approval of a guest house under certain conditions, provided the
Planning Commission approves a Conditional Use Permit. The applicant is
requesting to construct a 434 square foot guest house within the footprint of the
Reso. 2015-03
Ruzic
• •
t
exsitng cbana and covered porch. 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 conversion of a
cabana to 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 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 guest house will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or structures
because the proposed structure will be located in a an area already oppuclied by
a similar structure and is on a separate building pad with the pool and will
promote pad integration. The proposed guest house is of sufficient distance from
nearby residences so that it 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. The
height of the structure will be remain at 14 feet maximum from the finished floor.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 434 square foot size of the
guest house 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. 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
Reso. 2015-03
Ruzic
2
• •
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 the enclosed portion of the guest house, previously
used a a covered porch. 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 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 guest house elsewhere on the property.
Locating the guest house 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, as the existing covered porch already encroaches the same
amount into the side setback. Locating the guest house in a different area of the
existing swimming pool building pad would cause the guest house to be located
in the front yard setback or require extensive soils and geology studies together
with additional grading and construction of caissons. The porposed guest house
will be located where a structure already exists.
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 guest house 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.
Reso. 2015-03
Ruzic
3 el
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Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Conditional Use Permit and a Variance in
Zoning Case No. 875 to convert a previously constructed cabana into a guest
house and enclose the covered porch, which would encroach 3 feet into the north
side yard setback, 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.
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 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 site plan on file dated February 4, 2015, 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 8,552 square feet or 4.4%.
H. Total lot coverage of structures and paved areas shall not exceed
15,774 square feet or 8.1% 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.
Reso. 2015-03
Ruzic
' •
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 guest
house building pad shall not exceed 1,356 square feet or 36.53.
K. The proposed guest house shall not exceed 434 square feet and
shall meet all requirements of the Zoning Code, which include, but is not limited
to the following:
a. A kitchenette and sanitary facility consisting of a shower, sink
and toilet may be permitted.
b. No vehicular access or paved parking area shall be developed
within fifty feet of the guest house.
c. Occupancy of the guest house shall be limited to persons
employed on the premises, the immediate family of the
occupants of the main residence or by the temporary guests of
the occupants of the main residence. No temporary guest may
remain in occupancy for more than thirty days in any six-month
period.
d. Renting of a guest house is prohibited.
e. All requirements of this title must be complied with unless
otherwise set forth in the permit or approved plan.
f. A landscaping plan shall be submitted to the City of Rolling Hills
Planning Department staff or Planning Commission, if requested, for approval.
The plan submitted must comply with the purpose and intent of site plan review,
as specified in Chapter 17.46 of this title.
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 and shall remain.
M. The guest house shall be screened from the street and neighboring
properties.
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 use, and which does not grow into a living wall
(hedge) and which shall not exceed the ridge height of the guest house. Planting
shall not be permitted in the easement, unless permission is granted from the
Rolling Hills Community Association.
Reso. 2015-03
Ruzic
5
• •
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 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.
R. 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.
_ S. 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.
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 stormwater drainage facilities.
U. 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.
V. The property owners shall be required to conform to the City of
Rolling Hills Outdoor Lighting Standards Ordinance, (Ordinance No. 287).
W. Minimum of 50% of the construction material spoils shall be
recycled and diverted. The hauler shall provide the appropriate documentation
to the City.
X. The licensed professional preparing construction plans for this
project for Building Department review shall execute a Certificate affirming that
the plans conform in all respects to this Resolution approving this project and all
of the conditions set forth therein and the City's Building Code and Zoning
Ordinance.
Reso. 2015-03
Ruzic
6
• •
Further, the person obtaining a building and/ or grading permit for this project
shall execute a Certificate of Construction stating that the project will be
constructed according to this Resolution and any plans approved therewith.
Y. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
building permit.
Z. Until the applicants execute an Affidavit of Acceptance of all
conditions of this approval, the approvals shall not be effective.
AA. 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 TI IS✓I i DAY OF MARCH, 2015.
iELF, CHAIR AN
ATTEST:
*Lath&Cuw
HEIDI LUCE, CITY CLERK
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.
Reso. 2015-03
Ruzic
7
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2015-03 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE
PERMIT AND A VARIANCE TO CONVERT AN EXISTING
CABANA TO A GUEST HOUSE THAT ENCROACHES INTO THE
NORTH SIDE YARD SETBACK AT 5 LOWER BLACKWATER
CANYON ROAD IN ZONING CASE NO. 875 (LOT 82-RH) IN
ROLLING HILLS, CA, (RUZIC). 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
March 17, 2015 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, 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.
Reso. 2015-03
Ruzic
*awl)
CITY CLERK
8
•
Ctty a/Rolling
March 19, 2015
Mr. and Mrs. Ruzic
5 Lower Blackwater Canyon Road
Rolling Hills, CA 90274
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
ZONING CASE NO. 875, Request for a Conditional Use Permit & a Variance
Dear Mr. and Mrs. Ruzic:
This letter shall serve to notify you that the Planning Commission at their regular
meeting on March 17, 2015, adopted a Resolution granting your request in Zoning Case
No. 875. That action, accompanied by the record of the proceedings before the
Commission will be reported to the City Council on Monday April 13, 2015, at their
regular meeting beginning at 7:30 PM. You or your representative should be present
to answer any questions the Council may have.
Please be advised that you also need approval from the RFICA.
The Planning Commissions decision in this matter shall become effective thirty days
after the adoption of the resolution by the Commission, unless an appeal has been filed
or the City Council takes jurisdiction of the case within that thirty (30) day appeal
period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an
appeal, the Commission's decision will be stayed until the Council completes its
proceedings in accordance with the provisions of the Municipal Code.
If no appeals are filed within the thirty (30) day period, the Planning Commission's
action will become final and you will be required to record an Affidavit of Acceptance
Form together with the subject resolution in the Office of the County Recorder before the
Commission's action takes effect.
A copy of the staff report to the City Council with the Resolution will be forwarded to
you on Friday, April 10. Following the City Council's action, I will mail to you
instructions for recordation of the Affidavit Of Acceptance Form and the Resolution,
unless the Council takes this case under jurisdiction.
Please feel free to call me at (310) 377-1521 if you have any questions.
rely,
nta Schwartz
nning Director
Printed on Recycled Paper
1
TO:
FROM:
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
PUBLISHED:
REQUEST
• •
Ra qe isee4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 7A
Mtg. Date: 3/17/15
HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR CY
ZONING CASE NO. 875
5 LOWER BLACKWATER CANYON ROAD
(LOT 82-RH)
RA-S-2, 5.6 ACRES GROSS
MR. VUKAN RUZIC
FEBRUARY 5, 2015
1. Request for a Conditional Use Permit to convert an existing cabana, including enclosing
a 169 square foot roofed porch into a guest house and request for a Variance to encroach with
75 square feet of the proposed enclosure into the side yard setback.
2. The Planning Commission at the February 17, 2015 meeting directed staff to
prepare a Resolution of approval for the project with certain conditions.
Resolution No. 2015-03 contains standard findings and facts and conditions, including
conditions specific to this project as follows:
• That the guest house be screened
• That the guest house meet all the conditions as required by the Zoning Code
3. It is recommended that the Planning Commission review and consider the attached
resolution for adoption.
ZC NO. 875
( )
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ki
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RESOLUTION NO. 2015-03.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT AND A
VARIANCE TO CONVERT AN EXISTING CABANA TO A GUEST HOUSE
THAT ENCROACHES INTO THE NORTH SIDE YARD SETBACK AT 5
LOWER BLACKWATER CANYON ROAD IN ZONING CASE NO. 875 (LOT
82-RH) IN ROLLING HILLS, CA, (RUZIC). 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. 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 convert an
existing 265 square foot cabana with 169 square foot attached covered porch into
a guest house and enclose the covered porch, so that the total square feet of the
guest house would be 434 square feet and a Variance to encroach with the now
enclosed portion of the guest house 3-feet into the north side yard setback.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on February 17, 2015 at a regular Plannig
Commission meeting and in the field also on February 17, 2015. 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 were in attendance at the
hearings.
Section 3. In 2005, the applicants received an approval for the
construction of a new 265 square foot cabana with 169 square foot covered porch,
partially located in the side setback.
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)(5) of the Rolling Hills Municipal Code
permits approval of a guest house under certain conditions, provided the
Planning Commission approves a Conditional Use Permit. The applicant is
requesting to construct a 434 square foot guest house within the footprint of the
Reso. 2015-03
Ruzic
exsitng cbana and covered porch. 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 conversion of a
cabana to 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 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 guest house will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or structures
because the proposed structure will be located in a an area already oppuclied by
a similar structure and is on a separate building pad with the pool and will
promote pad integration. The proposed guest house is of sufficient distance from
nearby residences so that it 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. The
height of the structure will be remain at 14 feet maximum from the finished floor.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 434 square foot size of the
guest house 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. 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
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�J
• •
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 the enclosed portion of the guest house, previously
used a a covered porch. 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 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 guest house elsewhere on the property.
Locating the guest house 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, as the existing covered porch already encroaches the same
amount into the side setback. Locating the guest house in a different area of the
existing swimming pool building pad would cause the guest house to be located
in the front yard setback or require extensive soils and geology studies together
with additional grading and construction of caissons. The porposed guest house
will be located where a structure already exists.
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 guest house 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.
Reso. 2015-03
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3
• •
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Conditional Use Permit and a Variance in
Zoning Case No. 875 to convert a previously constructed cabana into a guest
house and enclose the covered porch, which would encroach 3 feet into the north
side yard setback, 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.
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 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 site plan on file dated February 4, 2015, 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 8,552 square feet or 4.4%.
H. Total lot coverage of structures and paved areas shall not exceed
15,774 square feet or 8.1% 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.
Reso. 2015-03
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4
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 guest
house building pad shall not exceed 1,356 square feet or 36.53.
K. The proposed guest house shall not exceed 434 square feet and
shall meet all requirements of the Zoning Code, which include, but is not limited
to the following:
a. A kitchenette and sanitary facility consisting of a shower, sink
and toilet may be permitted.
b. No vehicular access or paved parking area shall be developed
within fifty feet of the guest house.
c. Occupancy of the guest house shall be limited to persons
employed on the premises, the immediate family of the
occupants of the main residence or by the temporary guests of
the occupants of the main residence. No temporary guest may
remain in occupancy for more than thirty days in any six-month
period.
d. Renting of a guest house is prohibited.
e. All requirements of this title must be complied with unless
otherwise set forth in the permit or approved plan.
f. A landscaping plan shall be submitted to the City of Rolling Hills
Planning Department staff or Planning Commission, if requested, for approval.
The plan submitted must comply with the purpose and intent of site plan review,
as specified in Chapter 17.46 of this title.
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 and shall remain.
M. The guest house shall be screened from the street and neighboring
properties.
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 use, and which does not grow into a living wall
(hedge) and which shall not exceed the ridge height of the guest house. Planting
shall not be permitted in the easement, unless permission is granted from the
Rolling Hills Community Association.
Reso. 2015-03
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5
• •
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 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.
R. 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.
S. 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.
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 stormwater drainage facilities.
U. 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.
V. The property owners shall be required to conform to the City of
Rolling Hills Outdoor Lighting Standards Ordinance, (Ordinance No. 287).
W. Minimum of 50% of the construction material spoils shall be
recycled and diverted. The hauler shall provide the appropriate documentation
to the City.
X. The licensed professional preparing construction plans . for this
project for Building Department review shall execute a Certificate affirmingthat
the plans conform in all respects to this Resolution approving this project and all
of the conditions set forth therein and the City's Building Code and Zoning
Ordinance.
Reso. 2015-03
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6
Further, the person obtaining a building and/ or grading permit for this project
shall execute a Certificate of Construction stating that the project will be
constructed according to this Resolution and any plans approved therewith.
Y. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
building permit.
Z. Until the applicants execute an Affidavit of Acceptance of all
conditions of this approval, the approvals shall not be effective.
AA. 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 17th DAY OF MARCH, 2015.
BRAD CHELF, CHAIRMAN
ATTEST:
HEIDI LUCE, CITY CLERK
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.
Reso. 2015-03
Ruzic
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-03 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE
PERMIT AND A VARIANCE TO CONVERT AN EXISTING
CABANA TO A GUEST HOUSE THAT ENCROACHES INTO THE
NORTH SIDE YARD SETBACK AT 5 LOWER BLACKWATER
CANYON ROAD IN ZONING CASE NO. 875 (LOT 82-RH) IN
ROLLING HILLS, CA, (RUZIC). 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
March 17, 2015 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2015-03
Ruzic
CITY CLERK
8
8
• •
City ofieollinv
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377.7288
Agenda Item No.: 4B FT
Mtg. Date: 2/17/15
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 875
SITE LOCATION: 5 LOWER BLACKWATER CANYON ROAD
(LOT 82-RH)
ZONING AND SIZE: RA-S-2, 5.6 ACRES GROSS
APPLICANT: MR. VUKAN RUZIC
PUBLISHED: FEBRUARY 5, 2015
REQUEST
1. Request for a Conditional Use Permit to convert an existing cabana, including
enclosing a 169 square foot roofed porch into a guest house and request for a Variance
to encroach with 75 square feet of the proposed enclosure into the side yard setback.
2. It is recommended that the Planning Commission view the project in the field,
open the public hearing, take public testimony and reconvene the meeting at the
evening Planning Commission meeting starting at 6:30 PM, or provide other direction
to staff.
BACKGROUND AND MUNICIPAL CODE COMPLIANCE
3. In 2005 the applicant was granted a CUP and a Variance to construct a 265
square foot pool cabana with 169 square foot covered porch, for a total of 434 square
feet of structures, and a Variance to encroach 3 feet with the cabana into the side yard
setback. The property is zoned RAS-2 and requires a 35-feet side setback.
4. An area for a future stable and corral was set aside with the previous application
on a separate building pad west of the existing residence. Access to the stable is
available from Blackwater Canyon Road located to the southwest of the existing
driveway at a slope that is not greater than 25%.
5. The lot has a net area of 4.5 acres, most of it consists of steep slopes. The lot is
irregular in shape with Lower Blackwater Canyon Road crossing over the lot. The lot
0
Printed on Recycled Paper
• •
has over 600 lineal feet of street frontage, and therefore a very long front yard setback
along that frontage, where no construction is permitted.
6. The net lot area of the lot is 194,713 square feet. The structural lot coverage is
8,522 square feet or 4.4%, which includes the future stable, (20% maximum permitted).
The total lot coverage is 15,774 square feet or 8.1% (35% maximum permitted). Neither
the structural or total lot coverage will be affected by the proposed conversion.
7. The existing residential building pad is 22,016 square feet and the building
coverage on this pad is 30.03%, as previously approved and will not be affected by this
proposal. The guest house will be located on an existing pad consisting of 3,712 square
feet, (not in setback). This pad has coverage of 1,356 square feet or 36.53%, which will
remain the same.
8. Disturbed area of the lot is 40,944 square feet or 21.0% (40% maximum
permitted).
9. The applicant is proposing to change the use from a cabana to a guest house and
enclose the previously approved covered porch, therefore a new CUP for the use is
required. A portion of the now enclosed porch would be located in the side setback
therefore a Variance is required. When converting the use, the applicant will be
required to comply with the requirements for a guest house per Section 17.16.210 A 5 of
the Zoning Ordinance:
5. Guest house is allowed with a CUP providing that the
following conditions are met:
a. Shall not exceed eight hundred square feet.
b. Shall not be located in the front yard or any setback.
c. A kitchenette and sanitary facility consisting of a shower, sink
and toilet shall be permitted.
d. No vehicular access or paved parking area shall be developed
within fifty feet of the guest house.
e. Occupancy of the guest house shall be limited to persons
employed on the premises, the immediate family of the
occupants of the main residence or by the temporary guests of
the occupants of the main residence. No temporary guest may
remain in occupancy for more than thirty days in any six-month
period.
f. Renting of a guest house is prohibited.
g. All requirements of this title must be complied with unless
otherwise set forth in the permit or approved plan.
h. A landscaping plan shall be submitted to the City of Rolling Hills
Planning Department staff or Planning Commission - ' if
requested, for approval. The plan submitted must comply with
the purpose and intent of site plan review, as specified in
Chapter 17.46 of this title.
10. The applicant states that there is an existing cabana and covered porch in the
location already and the only change is that the covered porch will be enclosed to
include it in the floor plan of the guest house. The guest house will not have any
negative effect on adjacent properties.
11. Utility lines to the cabana were placed underground.
12. The Rolling Hills Community Association will review the project at a future date.
13. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
ZONING CASE NO. 875
SITE PLAN REVIEW
RA-S-2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more than
25% in a 36-month period.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING PAD
COVERAGE
POOL/GUEST HS. PAD
GRADING
DISTURBED AREA
40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any nongraded area where
impervious surfaces exist.
STABLE (450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
EXISTING
Single family residence
with accessory structures,
including cabana
Residence
Garage
Service Yard
Pool
Pool eqpm.
Stable
5,167 sq.ft.
1,408 sq.ft.
96 sq.ft.
922 sq.ft.
75 sq.ft.
450 sq.ft.
Cabana 265 sq.ft.
Covered porch 169 sci.ft.
Basement 2080
Total 8,552 sq.ft.
4.4%
8.1%
30.03% of 22,016 sq.ft.
residential bldg.pad
36.53% of 3,712 so.ft. pad
N/A
21.0% or 40,944 sq.ft.
(includes future stable and
access road)
450 sq.ft. stable
550 sq.ft. corral
From Blackwater Canyon
Road to the south/west of
exst. drwy. at a slope that is
not greater than 25%.
Existing off Blackwater
Canyon Road
N/A
N/A
PROPOSED
Same as existing, but
convert cabana to a guest
house
Residence
Garage
Service Yard
Pool
Pool eqpm.
Stable
Guest House
Basement
Total
5,167 sq.ft.
1,408 sq.ft.
96 sq.ft.
922 sq.ft.
75 sq.ft.
450 sq.ft.
434 sq.ft.
2080
8,552 sq.ft.
4.4% of 194,713 sq.ft. net lot
area
15,774 sq.ft. or 8.1%
30.03% of 22,016 sq.ft.
residential bldg.pad
36.53% of 3,712 sq.ft. pad
None
21.0% or 40,944 sq.ft.
(includes future stable and
access road)
450 sq.ft. stable
550 sq.ft. corral
No change
No change
Planning Commission
review
Planning Commission
review
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone
but which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be
observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use
permit application, may impose conditions as are reasonably necessary to ensure the
project is consistent with the General Plan, compatible with surrounding land use, and
meets the provisions and intent of this title. In making such a determination, the hearing
body shall find that the proposed use is in general accord with the following principles
and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings
and structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable
development standards of the zone district;
E. That the proposed 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;
F. That the proposed conditional uses observes the spirit and intent of this
title.
• • III
City U/'i INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377.7288
Agenda Item No.: 7C
Mtg. Date: 2/17/15
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 875
SITE LOCATION: 5 LOWER BLACKWATER CANYON ROAD
(LOT 82-RH)
ZONING AND SIZE: RA-S-2, 5.6 ACRES GROSS
APPLICANT: MR. VUKAN RUZIC
PUBLISHED: FEBRUARY 5, 2015
REQUEST
1. Request for a Conditional Use Permit to convert an existing cabana, including
enclosing a 169 square foot roofed porch into a guest house and request for a Variance
to encroach with 75 square feet of the proposed enclosure into the side yard setback.
2. The Planning Commission visited the site earlier in the day on February 17 and
held a public hearing on site. It is recommended that the Planning Commission review
the staff report, continue the public hearing and provide direction to staff.
BACKGROUND AND MUNICIPAL CODE COMPLIANCE
3. In 2005 the applicant was granted a CUP and a Variance to construct a 265
square foot pool cabana with 169 square foot covered porch, for a total of 434 square
feet of structures, and a Variance to encroach 3 feet with the cabana into the side yard
setback. The property is zoned RAS-2 and requires a 35-feet side setback.
4. An area for a future stable and corral was set aside with the previous application
on a separate building pad west of the existing residence. Access to the stable is
available from Blackwater Canyon Road located to the southwest of the existing
driveway at a slope that is not greater than 25%.
5. The lot has a net area of 4.5 acres, most of it consists of steep slopes. The lot is
irregular in shape with Lower Blackwater Canyon Road crossing over the lot. The lot
ZC NO. 698
PC 1 / 18 / 05FT
Printed on Recycled Paper
has over 600 lineal feet of street frontage, and therefore a very long front yard setback
along that frontage, where no construction is permitted.
6. The net lot area of the lot is 194,713 square feet. The structural lot coverage is
8,522 square feet or 4.4%, which includes the future stable, (20% maximum permitted).
The total lot coverage is 15,774 square feet or 8.1% (35% maximum permitted). Neither
the structural or total lot coverage will be affected by the proposed conversion.
7. The existing residential building pad is 22,016 square feet and the building
coverage on this pad is 30.03%, as previously approved and will not be affected by this
proposal. The guest house will be located on an existing pad consisting of 3,712 square
feet, (not in setback). This pad has coverage of 1,356 square feet or 36.53%, which will
remain the same.
8. Disturbed area of the lot is 40,944 square feet or 21.0% (40% maximum
permitted).
9. The applicant is proposing to change the use from a cabana to a guest house and
enclose the previously approved covered porch, therefore a new CUP for the use is
required. A portion of the now enclosed porch would be located in the side setback
therefore a Variance is required. When converting the use, the applicant will be
required to comply with the requirements for a guest house per Section 17.16.210 A 5 of
the Zoning Ordinance:
Guest house is allowed with a CUP providing that the following
conditions are met:
a. Shall not exceed eight hundred square feet.
b. Shall not be located in the front yard or any setback.
c. A kitchenette and sanitary facility consisting of a shower, sink
and toilet shall be permitted.
d. No vehicular access or paved parking area shall be developed
within fifty feet of the guest house.
e. Occupancy of the guest house shall be limited to persons
employed on the premises, the immediate family of the
occupants of the main residence or by the temporary guests of
the occupants of the main residence. No temporary guest may
remain in occupancy for more than thirty days in any six-month
period.
f. Renting of a guest house is prohibited.
g. All requirements of this title must be complied with unless
otherwise set forth in the permit or approved plan.
ZC NO. 698
PC 1 / 18 / 05FT
• •
h. A landscaping plan shall be submitted to the City of Rolling Hills
Planning Department staff or Planning Commission - if
requested, for approval. The plan submitted must comply with
the purpose and intent of site plan review, as specified in
Chapter 17.46 of this title.
10. The applicant states that there is an existing cabana and covered porch in the
location already and the only change is that the covered porch will be enclosed to
include it in the floor plan of the guest house. The guest house will not have any
negative effect on adjacent properties.
11. The Rolling Hills Community Association will review the project at a future date.
12. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
ZC NO.698
PC 1/18/05FT
ZONING CASE NO. 875
SITE PLAN REVIEW
RA-S-2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more than
25% in a 36-month period.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35 % maximum)
RESIDENTIAL BUILDING PAD
COVERAGE
POOL/GUEST HS. PAD
GRADING
DISTURBED AREA
40% maximum; any graded building
pad area, any remedial grading any
graded slopes and any nongraded
area where impervious surfaces exist.
STABLE (450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
ZC NO.698
PC 1/18/05FT
EXISTING
Single family residence
with accessory structures,
including cabana
Residence
Garage
Service Yard
Pool
Pool eqpm.
Stable
Cabana
Covered porch
Basement
Total
4.4%
8.1%
5,167 sq.ft.
1,408 sq.ft.
96 sq.ft.
922 sq.ft.
75 sq.ft.
450 sq.ft.
265 sq.ft.
169 sq.ft.
2080 sq.ft.
8,552 sq.ft.
30.03% of 22,016 sq.ft.
residential bldg.pad
36.53% of 3,712 sq.ft. pad
N/A
21.0% or 40,944 sq.ft.
(includes future stable and
access road)
450 sq.ft. stable
550 sq.ft. corral
From Blackwater Canyon
Road
Existing off Lower
Blackwater Canyon Road
IN/A
1N/A
0
PROPOSED
Same as existing, but
convert cabana to a guest
house
Residence
Garage
Service Yard
Pool
Pool eqpm.
Stable
Guest House
Basement
Total
5,167 sq.ft.
1,408 sq.ft.
96 sq.ft.
922 sq.ft.
75 sq.ft.
450 sq.ft.
434 sq.ft.
2080 sq.ft.
8,552 sq.ft.
4.4% of 194,713 sq.ft. net lot
area
15,774 sq.ft. or 8.1%
30.03% of 22,016 sq.ft.
residential bldg.pad
36.53% of 3,712 sq.ft. pad
None
21.0% or 40,944 sq.ft.
(includes future stable and
access road)
450 sq.ft. stable
550 sq.ft. corral
From Blackwater Canyon
Road
Existing
Planning Commission
review
Planning Commission
review
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone
but which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be
observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use
permit application, may impose conditions as are reasonably necessary to ensure the
project is consistent with the General Plan, compatible with surrounding land use, and
meets the provisions and intent of this title. In making such a determination, the hearing
body shall find that the proposed use is in general accord with the following principles
and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings
and structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and
shape to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable
development standards of the zone district;
E. That the proposed 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;
F. That the proposed conditional uses observes the spirit and intent of this
title.
ZC NO.698
PC 1 / 18 / 05FT