2015-03RESOLUTION 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
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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.U50 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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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.
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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.
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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.
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O 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.
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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 TIJP-T� DAY OF MARCH, 2015.
( ELF,
ATTEST:
` #VdJ b
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 7
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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.
qwtittu)
CITY CLERK
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