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804, New Cabana for an existing poo, Staff Reports• • 814 al Ralle-09 ge& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date: 10/15/13 Agenda Item: 6A TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: REQUEST FOR TIME EXTENSION ZONING CASE NO. 804 Request for an extension to commence work in Zoning Case No. 804, a Conditional Use Permit for a cabana at 7 Lower Blackwater Canyon Road, (Rosen). BACKGROUND Attached is a request from Mrs. Rosen requesting a 2-year time extension to commence construction on a previously approved 703 square foot cabana. The Planning Commission approved this project on September 20, 2011 by Resolution No. 2011-10. One of the conditions of approval requires that the project construction commence within two years from the effective date of the resolution. Pursuant to Section 17.38.070 of the Zoning Ordinance, the Planning Commission may extend the approval for up to a maximum of two years. RECOMMENDATION It is recommended that the Planning Commission consider the request and adopt Resolution No. 2013-15 granting the request to extend the time to commence the project. The resolution specifies 24 months extension. TO: Rolling Hills Planning Commission I respectfully request an extension to commence work on my project at 7 Lower Blackwater Canyon Road, approved in September 2011 in Zoning Case NO. 804 for a cabana. The reason for the request is that we were not permit ready until March 2013 and were unable to begin construction over the summer due to our schedule. )-)uj �,�e z bz oZ y Linda Rosen 9/26/2013 RECEIVED SEP 2 6 2013 City of Rolling Hills By • RESOLUTION 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. BRAD CHELF, CHAIRMAN 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE DEPUTY CITY CLERK TO: Rolling Hills Planning Commission I respectfully request an extension to commence work on my project at 7 Lower Blackwater Canyon Road, approved in September 2011 in Zoning Case NO. 804 for a cabana. The reason for the request is that we were not permit ready until March 2013 and were unable to begin construction over the summer due to our schedule. �-ul �,e��' ,,2 oz yce,c, Linda Rosen 9/26/2013 REC E VIED SEP 2 6 2013 City of Rolling Hills By, • eetiv etc A'01/449 qited INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4A Mtg. Date: 10-10-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: 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). RECOMMENDATION It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST AND PLANNING COMMISSION ACTION Request for a Conditional Use Permit to construct a 703 square foot cabana on a property developed with a single family residence and accessory structures at 7 Lower Blackwater Canyon Road. The Planning Commission adopted the attached Resolution by a 4-0 vote, granting the request. Commissioner DeRoy was absent and excused. The resolution contains standard findings of facts and conditions for a cabana. BACKGROUND 1. The applicant requests to construct a 703 square foot cabana on an existing building pad. The cabana would be adjacent to the swimming pool and no grading is required. ZC NO. 804 2. The proposed cabana would be fully enclosed on 2 sides and partially enclosed on the other two sides and will contain a bar, barbeque, fireplace and a sitting area. No bathroom is proposed 3. The property is currently developed with a 7,310 square foot residence with an entryway, 891 square foot garage, 700 square foot trellis, 890 square foot swimming pool, 40 square foot pool equipment area, 96 square foot service yard and 1,458 square foot structure approved in the past as a stable with garage. The total flatwork consisting of the driveway, patios and pool deck is 18,375 square feet. 4. Records indicate that a 2,108 sq.ft. residence was constructed in 1955. Since then several additions were approved and constructed. In 1977 a Conditional Use Permit was granted for a tennis court and in 1981 a 1,440 square foot mixed -use structure consisting of a stable and garage was approved and constructed. In 1995 the Planning Commission approved a Variance for a retaining wall, portion of which encroaches into the front setback, a pool, a 625 sq.ft. cabana, corral with several animal holding shelters on a separate building pad than the stable/garage combination, a 2,830 sq.ft. addition to the residence and 719 sq.ft. attached garage. The tennis court was demolished to accommodate the cabana and the swimming pool. The cabana and animal shelters were not constructed, although the pad for the animal uses was graded. MUNICIPAL CODE COMPLIANCE 5. Cabanas are permitted in the City, providing a Conditional Use Permit (CUP) is obtained. The following is permitted/required for a cabana (RHMC 17.16.210A.2.): 2. Cabana, Pool House or Recreation Room providing that the following conditions are met: a. Shall not exceed 800 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 sleeping quarters or renting of the structure shall be permitted The application meets these conditions. No bathroom is proposed. 6. There are 3 existing building pads on the property. The residential building pad is 43,799 square feet and with the proposed cabana will have coverage of 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. This area was graded for the previously approved corral and animal shelters, which were not constructed. 7. The net lot area of the lot for development purposes is 225,734 square feet, (5.18 acres). The existing overall structural coverage is 5.1%. With the proposal, this will increase to 12,188 square feet, (excluding the 20 sq.ft. water feature), or 5.4%. The existing total coverage including structures and paving is 29,860 sq.ft. or 13.2%, (35% permitted). This will increase to 30,563 square feet, or 13.5%. ZC NO. 804 • • 8. Disturbed area. A total of 70,246 square feet or 31.1% of the lot is disturbed (40% permitted). No additional grading or disturbance is proposed. CONCLUSION 9. When reviewing a development application the Planning Commission considers whether the proposed project meets the criteria for a CUP. 10. A cabana is a use that requires a CUP. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 11. The lot contains an approved stable, corral area and access. 12. The project includes conditions that it comply with all City requirements, including but not be limited to the lighting ordinance, roof material ordinance, landscaping ordinance if the landscaped area exceeds 5,000 square feet, undergrounding of utilities and all other City requirements. 13. Rolling Hills Community Association will review this project at a later date. 14. The project is exempt from the California Environment Quality Act, (CEQA). ZONING CASE NO. 804 SITE PLAN REVIEW 11 EXISTING RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear 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; for grading and for new structure). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum - guideline) STABLE PAD GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. SINGLE FAMILY RESIDENCE AND CABANA ACCESSORY STRUCTURES Residence Garage Stable Service yard Pool Pool equipm. Entryway Trellis-attch. Water feature TOTAL 7310 sq.ft. 891 sq.ft. 1458 sq.ft. 96 sq.ft 890 sq.ft 40 sq.ft. 100 sq ft. 700 sq.ft. 20 sq.ft. 11,505 sq.ft. PROPOSED Residence Garage Stable/garage Service yard Pool Pool equipm. Entryway Trellis-attch. Water feature Cabana TOTAL 7310 sq.ft. 891 sq.ft. 1458 sq.ft. 96 sq.ft 890 sq.ft 40 sq.ft. 100 sq ft. 700 sq.ft. 20 sq.ft. 703 sq.ft. 12,208 sq. ft. 5.1% 5.4% of 225,734 sq.ft. net lot area 13.2% 21.3% sq.ft. of 43,799 sq.ft. building pad. W/exclusions-700 sq.ft. trellis 25% on 5,845 sq.ft. pad N/A 13.5% 22.9% of 43,799 sq.ft. building pad w/ exclusions-700 sq.ft. trellis 25% on 5,845 sq.ft. pad NONE ZC NO. 804 DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS 31.1 % existing Existing 1,458 sq.ft. mixed use structure with corral area From driveway Existing driveway approach from Lower Blackwater N/A N/A 31.1% existing. No additional grading/disturbance is proposed Existing 1,458 sq.ft. mixed use structure with area for corral From driveway Existing driveway approach from Lower Blackwater Planning Commission review Planning Commission review 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 use observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 804 • • 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 the community, 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 1trO. • 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 development standards 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 sitting area 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. The lot 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 permit, two copies of a landscaping plan for screening of the structure shall be submitted to the Planning Z.C. NO.804 3 • 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 Committee. 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. r, DEPUTY CITY CLERK Z.C. NO. 804 6 • TO: FROM: eere, Roetept9 qietd 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: 9-20-11 HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 804 7 LOWER BLACKWATER CANYON ROAD, (LOT 83-RH) RA-S-2, 5.69 ACRES GROSS MR. AND MRS. LEE ROSEN LOERA DESIGNS SEPTEMBER 8, 2011 REOUEST AND RECOMMENDATION Request for a Conditional Use Permit to construct a 703 square foot cabana on a property developed with a single family residence and accessory structures at 7 Lower Blackwater Canyon Road. It is recommended that the Planning Commission take public testimony, deliberate and provide direction to staff. BACKGROUND 1. The Planning Commission visited the site in the morning of September 20, 2011 to view the silhouette of the proposed project. 2. The applicant requests to construct a 703 square foot cabana on an existing building pad. The cabana would be adjacent to the swimming pool and no grading is required. 3. The proposed cabana would be fully enclosed on 2 sides and partially enclosed on the other two sides and will contain a bar, barbeque, fireplace and a sitting area. No bathroom is proposed ZC NO. 804 • 4. The property is currently developed with a 7,310 square foot residence with an entryway, 891 square foot garage, 700 square foot trellis, 890 square foot swimming pool, 40 square foot pool equipment area, 96 square foot service yard and 1,458 square foot structure approved in the past as a stable with garage. The total flatwork consisting of the driveway, patios and pool deck is 18,375 square feet. 5. Records indicate that a 2,108 sq.ft. residence was constructed in 1955. Since then several additions were approved and constructed. In 1977 a Conditional Use Permit was granted for a tennis court and in 1981 a 1,440 square foot mixed -use structure consisting of a stable and garage was approved and constructed. In 1995 the Planning Commission approved a Variance for a retaining wall, portion of which encroaches into the front setback, a pool, a 625 sq.ft. cabana, corral with several animal holding shelters on a separate building pad than the stable/garage combination, a 2,830 sq.ft. addition to the residence and 719 sq.ft. 'attached garage. The tennis court was demolished to accommodate the cabana and the swimming. pool. The cabana and animal shelters were not constructed, although the pad for the animal uses was graded. MUNICIPAL CODE COMPLIANCE 6. Cabanas are permitted in the City, providing a Conditional Use Permit (CUP) is obtained. The following is permitted/required for a cabana (RHMC 17.16.210A.2.): 2. Cabana, Pool House or Recreation Room providing that the following conditions are met: a. Shall not exceed 800 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 sleeping quarters or renting of the structure shall be permitted The application meets these conditions. No bathroom is proposed. 7. There are 3 existing building pads on the property. The residential building pad is 43,799 square feet and with the proposed cabana will have coverage of 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. This area was graded for the previously approved corral and animal shelters, which were not constructed. 8. The net lot area of the lot for development purposes is 225,734 square feet, (5.18 acres). The existing overall structural coverage is 5.1%. With the proposal, this will increase to 12,188 square feet, (excluding the 20 sq.ft. water feature), or 5.4%. The existing total coverage including structures and paving is 29,860 sq.ft. or 13.2%, (35% permitted). This will increase to 30,563 square feet, or 13.5%. 9. Disturbed area. A total of 70,246 square feet or 31.1% of the lot is disturbed (40% permitted). No additional grading or disturbance is proposed. ZC NO. 804 CONCLUSION 10. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a CUP. 11. A cabana is a use that requires a CUP. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 12. The lot contains an approved stable structure, corral area and access. 13. The project will have to comply with City's regulations, including but not be limited to the lighting ordinance, roof material ordinance, landscaping ordinance if the landscaped area exceeds 5,000 square feet, undergrounding of utilities and all other City requirements. 14. Rolling Hills Community Association will review this project at a later date. 15. The project is exempt from the California Environment Quality Act, (CEQA). ZONING CASE NO. 804 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear 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; for grading and for new structure). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum - guideline) STABLE PAD GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and ZC NO. 804-3- } EXISTING 11 SINGLE FAMILY RESIDENCE AND CABANA ACCESSORY STRUCTURES Residence Garage Stable Service yard Pool Pool equipm. Entryway Trellis-attch. Water feature TOTAL 5.1% 13.2% 7310 sq.ft. 891 sq.ft. 1458 sq.ft. 96 sq.ft 890 sq.ft 40 sq.ft. 100 sq ft. 700 sq.ft. 20 sq.ft. 11,505 sq.ft. 21.3% sq.ft. of 43,799 sq.ft. building pad. W/exclusions-700 sq.ft. trellis 25% on 5,845 sq.ft. pad N/A 31.1 % existing PROPOSED Residence Garage Stable/garage Service yard Pool Pool equipm. Entryway Trellis-attch. Water feature Cabana TOTAL 7310 sq.ft. 891 sq.ft. 1458 sq.ft. 96 sq.ft 890 sq.ft 40 sq.ft. 100 sq ft. 700 sq.ft. 20 sq.ft. 703 sq.ft. 12,208 so. ft. 5.4% of 225,734 sq.ft. net lot area 13.5% 22.9% of 43,799 sq.ft. building pad w/ exclusions-700 sq.ft. trellis 25% on 5,845 sq.ft. pad NONE 31.1% existing. No additional grading/disturbance is proposed • any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS Existing 1,458 sq.ft. mixed use structure with corral area From driveway Existing driveway approach from Lower Blackwater N/A N/A Existing 1,458 sq.ft. mixed use structure with area for corral From driveway Existing driveway approach from Lower Blackwater Planning Commission review Planning Commission review CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for annroval or denial of conditional use Hermit. 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 use observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 804 • • eery Wee, eqleeed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4A Mtg. Date: 9-20-11 Field Trip TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 804 7 LOWER BLACKWATER CANYON ROAD, (LOT 83-RH) RA-S-2, 5.69 ACRES GROSS (EXCL.ROAD) MR. AND MRS. LEE ROSEN LOERA DESIGNS SEPTEMBER 8, 2011 REOUEST AND RECOMMENDATION Request for a Conditional Use Permit to construct a 703 square foot cabana on a property developed with a single family residence and accessory structures. at 7 Lower Blackwater Canyon Road. It is recommended that the Planning Commission review the staff report and the silhouette of the project, open the public hearing, take public testimony and provide direction to staff. BACKGROUND 1. The applicant requests to construct a 703 square foot cabana on an existing building pad. The cabana would be adjacent to the swimming pool and no grading is required. A silhouette of the proposed structure has been constructed. 2. The proposed cabana would be fully enclosed on 2 sides and partially enclosed on the other two sides and will contain a bar, barbeque, fireplace and a sitting area. No bathroom is proposed 3. The property is currently developed with a 7,310 square foot residence with an entryway, 891 square foot garage, 700 square foot trellis, 890 square foot swimming pool, 40 square foot pool equipment area, 96 square foot service yard and 1,458 square foot ZC NO. 804 1 • • structure approved as a stable with garage. The total flatwork consisting of the driveway, patios and pool deck is 18,375 square feet. 4. Records indicate that a 2,108 sq.ft. residence was constructed in 1955. Since then several additions were approved and constructed. In 1977 a Conditional Use Permit was granted for a tennis court and in 1981 a 1,440 square foot mixed -use structure consisting of a stable and garage was approved and constructed. In 1995 the Planning Commission approved a Variance for a retaining wall, portion of which encroaches into the front setback, a pool, a 625 sq.ft. cabana, corral with several animal holding shelters on a separate building pad than the stable / garage combination, a 2,830 sq.ft. addition to the residence and 719 sq.ft. attached garage. The tennis court was demolished to accommodate the cabana and the swimming pool. The cabana and animal shelters were not constructed, although the area for the animal uses was graded. MUNICIPAL CODE COMPLIANCE 5. Cabanas are permitted in the City, providing a Conditional Use Permit (CUP) is obtained. The following is permitted/required for a cabana (RHMC 17.16.210A.2.): 2. Cabana, Pool House or Recreation Room providing that the following conditions are met: a. Shall not exceed 800 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 sleeping quarters or renting of the structure shall be permitted The application meets these conditions. No bathroom is proposed. 6. There are 3 existing building pads on the property. The residential building pad is 43,799 square feet and with the proposed cabana will have coverage of 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. This area was graded for the previously approved corral and animal shelters, which were not constructed. 7. The net lot area of the lot for development purposes is 225,734 square feet, (5.18 acres). The lot's existing overall structural coverage is 5.1%. With the proposal, this will increase to 12,188 square feet, (excluding the 20 sq.ft. water feature), or 5.4%. The existing total coverage including structures and paving is 29,860 sq.ft. or 13.2%, (35% permitted). This will increase to 30,563 square feet, or 13.5%. 8. Disturbed area. A total of 70,246 square feet or 31.1% of the lot is disturbed (40% permitted). No additional grading or disturbance is proposed. CONCLUSION 9. When reviewing a development application the Planning Commission should consider whether the proposed project meets the criteria for a CUP. ZC NO. 804 -2- • • 10. A cabana is a use that requires a CUP. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 11. The lot contains an approved stable structure, corral area and access. 12. The project will have to comply with City's regulations, including but not be limited to the lighting ordinance, roof material ordinance, landscaping ordinance if the landscaped area exceeds 5,000 square feet, the utility lines to the cabana will have to be placed underground and all other City requirements. 13. Rolling Hills Community Association will review this project at a later date. 14. The project is exempt from the California Environment Quality Act, (CEQA). ZONING CASE NO. 804 SITE PLAN REVIEW 11 EXISTING PROPOSED RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear 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; for grading and for new structure). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% maximum - guideline) STABLE PAD GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL), STABLE ACCESS ZC NO. 804 SINGLE FAMILY RESIDENCE AND CABANA ACCESSORY STRUCTURES Residence Garage Stable Service yard Pool Pool equipm. Entryway Trellis-attch. Water feature TOTAL 5.1% 13.2% 7310 sq.ft. 891 sq.ft. 1458 sq.ft. 96 sq.ft 890 sq.ft 40 sq.ft. 100 sq ft. 700 sq.ft. 20 sq.ft. 11,505 sq.ft. 21.3% sq.ft. of 43,799 sq.ft. building pad. W/exclusions-700 sq.ft. trellis 25% on 5,845 sq.ft. pad N/A 31.1 % existing Existing 1,458 sq.ft. mixed use structure with corral area From driveway Residence Garage Stable/garage Service yard Pool Pool equipm. Entryway Trellis-attch. Water feature Cabana 7310 sq.ft. 891 sq.ft. 1458 sq.ft. 96 sq.ft 890 sq.ft 40 sq.ft. 100 sq ft. 700 sq.ft. 20 sq.ft. 703 sq.ft. TOTAL 12,208 sq. ft. 5.4% of 225,734 sq.ft. net lot area 13.5% 22.9% of 43,799 sq.ft. building pad w/ exclusions-700 sq.ft. trellis 25% on 5,845 sq.ft. pad NONE 31.1% existing. No additional grading/disturbance is proposed Existing 1,458 sq.ft. mixed use structure with area for corral From driveway ROADWAY ACCESS VIEWS PLANTS AND ANIMALS Existing driveway approach from Lower Blackwater N/A N/A Existing driveway approach from Lower Blackwater Planning Commission review Planning Commission review 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 use observes the spirit and intent of this title. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.804 -4- 1 • \--opNc, \1k57- `PD1" ecioL