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782, Construct a 100 sq. ft. spa wi, Resolutions & Approval ConditionsRESOLUTION NO. 2010-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A SPA AND SPA EQUIPMENT ON A LOT THAT CONTAINS A CONDITION THAT ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING COMMISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 782, AT 1 CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 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. Peter Huh with respect to real property located at 1 Crest Road East (Lot 1-FT), Rolling Hills, CA requesting a Site Plan Review 100 square foot spa and spa equipment area, on a property with a condition that any development be reviewed by the Planning Commission. Section 2. The Planning Commission held duly noticed public hearing on June 15, 2010 and at a field trip on June 15, 2010. The applicants and their representative 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 property owners and their representatives were in attendance at the hearings. Section 3. In 2005 the Planning Commission granted approval for grading consisting of 445 cubic yards of cut and 445 cubic yards of fill, 2,690 square foot addition to the existing residence, 976 square foot basement, 744 square foot guest house, 450 square feet future stable with 550 square foot corral and 583 square foot swimming pool with spa. The disturbed area was approved at 36.9%. No Variances were requested at that time. Three building pads were approved that were separated by 2:1 slopes and the rear of the lot, where a pool was to be located was on a different level than the main house. A 2:1 slope continued past the pool pad towards Portuguese Bend Road to the rear. Section 4. In May 2009, the Planning Commission approved a modification to the 2005 approval. The request for modification was to permit additional grading of 467 cubic yards of cut and 467 cubic yards of fill for a total of 912 cubic yards, which was conducted prior to City's review and approval of the additional grading and which caused exceedance of the maximum allowed disturbance of the lot (54.2%), requiring a Variance. Section 5. In January 2010, the Planning Commission approved, with one disapproving vote, a swimming pool, which would encroach into the rear setback and a stable with corral, which would be larger than originally approved. With that application the disturbed area would increase by 0.4% of the originally approved. The City Council took the project under jurisdiction and subsequently the property owners withdrew the request for the swimming pool and stable. ZC NO. 782 1 • Section 6. The Planning Commission finds that the project qualifies as a Class 3 Exemption (Guidelines for California Environmental Quality Act, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. Pursuant to Section 17.46.040 the Planning Commission may condition an approval to require site plan review for any future construction on the property, regardless of whether site plan review would ordinarily be applicable to such construction. With respect to the Site Plan Review application, due to the restriction placed on this property in 2005 by the Planning Commission on any future development on subject property, the proposed spa and spa equipment area is required to be reviewed by the Planning Commission. Otherwise, this project would be approved administratively. With respect to this project the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures, and equestrian uses. The project will not require grading nor exceed the disturbed area of the lot, as previously approved. The proposed spa is of no significant size will be located on an existing building pad. B. The project substantially preserves the natural and undeveloped state of the lot. The proposed structure will be constructed on existing building pad in the backyard of the residence. The project is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. In addition, the immediately adjacent property owners were in attendance at the public hearings and did not object to the project. C. The proposed development, as conditioned, is harmonious in scale and mass with the site. The proposed project is consistent with the scale of the neighborhood when compared to properties in the vicinity. It is located close to the residence and will be located below surface with no protruding structures above it. D. The project will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will not change the existing circulation pattern. F. The project is exempt from the requirements of the California Environmental Quality Act. ZC NO.782 2 • • Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 782 as shown on the Development Plans dated May 13, 2010 subject to the following conditions: A. The Site Plan approval shall expire within two years from the effective date of approval if work has not commenced as defined in Section 17.46.080 of the Zoning Ordinance, unless otherwise extended pursuant to the requirements of this section. 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 with unless otherwise set forth in this Permit, or shown otherwise on an approved plan. D. The working drawings, soils and geology reports if required, shall be submitted and approved by the Department of Building and Safety and Public Works Department. E. There shall be no grading for this project. F. There shall be no further disturbance of the lot with this project. G. Building pads coverage shall be as follows: the residential building pad shall not exceed 29,520 square feet and have a coverage of 28.6 The guest house building pad shall be 12,800 square feet with coverage of 1,242 square feet or 10.7%; and the stable pad shall be 1,950 square feet (not in setbacks) with coverage 36.5%. Combined coverage on all pads is proposed at 23.9%. H. The structural coverage of the lot shall not exceed 10.95%, and the total lot coverage shall not exceed 23.65%. The disturbed area shall remain at 54.2% of the net lot area. I. The spa shall be screened from the neighbors with mature trees and shrubs. Plants shall be planted so as not to obstruct views of neighboring properties but to screen the spa on site. Trees and shrubs shall be planted in a manner, so that when mature, will not result in a hedge like screen. J. The existing landscaping along Portuguese Bend Road may remain, but no other plants may be added, so that when mature, could result in a hedge like screen. K. A landscaping plan for the entire project has been submitted, which includes the area of the proposed spa and the plan has been previously approved. ZC NO. 782 3 • • L. 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. M. The project must be reviewed and approved by the Rolling Hills Community Association. N. The spa equipment shall be located adjacent to the residence. O. 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. P. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and post construction maintenance of stormwater drainage facilities. Q. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project or to the property, which would constitute additional structural development, grading or addition and any deviation from the approved plan, shall require the filing of a new application for approval by the Planning Commission. R. 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. S. Until the applicants execute an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, and record them, as required by the Municipal Code, the approvals shall not be effective. T. 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 JULY 2010. JILL. SMITH, VICE -CHAIRPERSON ATTEST LUC , � EPUCITY CLERK ZC NO. 782 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2010-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A SPA AND SPA EQUIPMENT ON A LOT THAT CONTAINS A CONDITION THAT ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING COMMISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 782, AT 1 CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. was approved and adopted at a regular meeting of the Planning Commission on July 20, 2010 by the following roll call vote: AYES: Commissioners Chelf, Henke, Pieper and Vice Chairperson Smith. NOES: None. ABSENT: None. ABSTAIN: Chairperson DeRoy. and in compliance with the laws of California was posted at the following: Administrative Offices. ZC NO. 782 5 • 20111160785* RECORDING REQUESTED BY ANC MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX v T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. ZONING CASE NO. 782 XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 1 CREST ROAD EAST, (LOT 1-FT) ROLLING HILLS, CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said case: 1 Crest Road East, Rolling Hills CA (LOT 1-FT) ZONING CASE NO. 782 XX SITE PLAN REVIEW I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature r .7r Name typed or printed (ie 7 X04,0 Address gad:,t.¢ City/State U d /ls CA- 9 oa-7 L Sign s\ "f � X',i 1 /44!A Name typed or printed l (r 7 £c4-'J L 7 Address_ Lit r— 1r%a erg- 6,-2_7q City/State • See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-13 Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On 7 / 2 - 1 I before me, fl nr,J norI E r 1-1--P22a - - of y , PUI?Lt c, Personally `'I f appeared_ ! H �t� . k I m HU %N A�l�•.,r P,�r `Y .,I tJ ))U who proved to me on the basis of satisfactory evidence to be the person() whose name® is/ subscribed to the within instrument and acknowledged to me that he/ she/ a executed the same in his/he authorized capacityand that by his/ her signature Q on the instrument the perso ;Q, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary ( Seal) ANNTIONET HAZEL-MAE DAY * Commission # 1832870 Z Notary Public - California A Los Angeles County My Comm. Expires Jan 24, 2013 • RESOLUTION NO. 2010-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A SPA AND SPA EQUIPMENT ON A LOT THAT CONTAINS A CONDITION THAT ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING COMMISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 782, AT 1 CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 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. Peter Huh with respect to real property located at 1 Crest Road East (Lot 1-FT), Rolling Hills, CA requesting a Site Plan Review 100 square foot spa and spa equipment area, on a property with a condition that any development be reviewed by the Planning Commission. Section 2. The Planning Commission held duly noticed public hearing on June 15, 2010 and at a field trip on June 15, 2010. The applicants and their representative 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 property owners and their representatives were in attendance at the hearings. Section 3. In 2005 the Planning Commission granted approval for grading consisting of 445 cubic yards of cut and 445 cubic yards of fill, 2,690 square foot addition to the existing residence, 976 square foot basement, 744 square foot guest house, 450 square feet future stable with 550 square foot corral and 583 square foot swimming pool with spa. The disturbed area was approved at 36.9%. No Variances were requested at that time. Three building pads were approved that were separated by 2:1 slopes and the rear of the lot, where a pool was to be located was on a different level than the main house. A 2:1 slope continued past the pool pad towards Portuguese Bend Road to the rear. Section 4. In May 2009, the Planning Commission approved a modification to the 2005 approval. The request for modification was to permit additional grading of 467 cubic yards of cut and 467 cubic yards of fill for a total of 912 cubic yards, which was conducted prior to City's review and approval of the additional grading and which caused exceedance of the maximum allowed disturbance of the lot (54.2%), requiring a Variance. Section 5. In January 2010, the Planning Commission approved, with one disapproving vote, a swimming pool, which would encroach into the rear setback and a stable with corral, which would be larger than originally approved. With that application the disturbed area would increase by 0.4% of the originally approved. The City Council took the project under jurisdiction and subsequently the property owners withdrew the request for the swimming pool and stable. ZC NO. 782 1 • • Section 6. The Planning Commission finds that the project qualifies as a Class 3 Exemption (Guidelines for California Environmental Quality Act, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. Pursuant to Section 17.46.040 the Planning Commission may condition an approval to require site plan review for any future construction on the property, regardless of whether site plan review would ordinarily be applicable to such construction. With respect to the Site Plan Review application, due to the restriction placed on this property in 2005 by the Planning Commission on any future development on subject property, the proposed spa and spa equipment area is required to be reviewed by the Planning Commission. Otherwise, this project would be approved administratively. With respect to this project the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures, and equestrian uses. The project will not require grading nor exceed the disturbed area of the lot, as previously approved. The proposed spa is of no significant size will be located on an existing building pad. B. The project substantially preserves the natural and undeveloped state of the lot. The proposed structure will be constructed on existing building pad in the backyard of the residence. The project is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. In addition, the immediately adjacent property owners were in attendance at the public hearings and did not object to the project. C. The proposed development, as conditioned, is harmonious in scale and mass with the site. The proposed project is consistent with the scale of the neighborhood when compared to properties in the vicinity. It is located close to the residence and will be located below surface with no protruding structures above it. D. The project will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will not change the existing circulation pattern. F. The project is exempt from the requirements of the California Environmental Quality Act. ZC NO.782 2 • • Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 782 as shown on the Development Plans dated May 13, 2010 subject to the following conditions: A. The Site Plan approval shall expire within two years from the effective date of approval if work has not commenced as defined in Section 17.46.080 of the Zoning Ordinance, unless otherwise extended pursuant to the requirements of this section. 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 with unless otherwise set forth in this Permit, or shown otherwise on an approved plan. D. The working drawings, soils and geology reports if required, shall be submitted and approved by the Department of Building and Safety and Public Works Department. E. There shall be no grading for this project. F. There shall be no further disturbance of the lot with this project. G. Building pads coverage shall be as follows: the residential building pad shall not exceed 29,520 square feet and have a coverage of 28.6 The guest house building pad shall be 12,800 square feet with coverage of 1,242 square feet or 10.7%; and the stable pad shall be 1,950 square feet (not in setbacks) with coverage 36.5%. Combined coverage on all pads is proposed at 23.9%. H. The structural coverage of the lot shall not exceed 10.95%, and the total lot coverage shall not exceed 23.65%. The disturbed area shall remain at 54.2% of the net lot area. I. The spa shall be screened from the neighbors with mature trees and shrubs. Plants shall be planted so as not to obstruct views of neighboring properties but to screen the spa on site. Trees and shrubs shall be planted in a manner, so that when mature, will not result in a hedge like screen. J. The existing landscaping along Portuguese Bend Road may remain, but no other plants may be added, so that when mature, could result in a hedge like screen. K. A landscaping plan for the entire project has been submitted, which includes the area of the proposed spa and the plan has been previously approved. ZC NO. 782 3 • • L. 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. M. The project must be reviewed and approved by the Rolling Hills Community Association. N. The spa equipment shall be located adjacent to the residence. O. 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. P. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and post construction maintenance of stormwater drainage facilities. Q. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project or to the property, which would constitute additional structural development, grading or addition and any deviation from the approved plan, shall require the filing of a new application for approval by the Planning Commission. R. 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. S. Until the applicants execute an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, and record them, as required by the Municipal Code, the approvals shall not be effective. T. 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 JULY 2010. JILIb. SMITH, VICE -CHAIRPERSON ATTEST LUC , EPU / CITY CLERK ZC NO.782 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS' I certify that the foregoing Resolution No. 2010-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF A SPA AND SPA EQUIPMENT ON A LOT THAT CONTAINS A CONDITION THAT ANY FURTHER DEVELOPMENT MUST BE REVIEWED BY THE PLANNING COMMISSION AND WHICH IS DEVELOPED WITH SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURE, IN ZONING CASE NO. 782, AT 1 CREST ROAD EAST, (LOT 1-FT), (HUH). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. was approved and adopted at a regular meeting of the Planning Commission on July 20, 2010 by the following roll call vote: AYES: Commissioners Chelf, Henke, Pieper and Vice Chairperson Smith. NOES: None. ABSENT: None. ABSTAIN: Chairperson LeRoy. and in compliance with the laws of California was posted at the following: Administrative Offices. ZC NO. 782 5 yrai \I\ 47 fi t?.7-nT. • 3.;1-zz, SEP 1 2 2011 City of Roiiing Hills •