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660, Construct a pool & spa, Resolutions & Approval Conditions.,: RECORDING REQUESTED JAN292004 MAIL TO itrimp OF ROLLING HILLS CITY OF ROLLINGNI! ! E 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 The Registrar -Recorder's Office requires that the form be notarized before recordation. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS 03 3452980 AFFIDAVIT O F ACCEPTANCE FORM ) §§ ZONING CASE NO. 660 SITE PLAN REVIEW VARIANCES CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 10 PORTUGUESE BEND ROAD (LOT 52-RH), Rolling Hills, CA 90274 This property is the subject of the above numbered cases and conditions of approval am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO.660 SITE PLAN REVIEW O - VARIANCES CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. �-- Signature Signature L411-Lill 0, Cna% Name t ped or printed Name typed or printed f o ec.p Be-vr d Poami Address Address City/State City/State Signatures must be acknowledgod by a notary nubiic. State of California ) County of Los Angeles ) 9 o y 7 L On r''i' efore me personally appeared personally known to me (or11roved L6 me on the basis of satisfactor -vidence) to be the person(' whose name( i /are subscribed to the within instrument and acknowledged to me that +r�- tgiy executed the same in iAleir authorized capacity(ea) and that bytti he eir signature? on the instrumen he person , or the entity uponehalf of which the person(f) acted, executed the Instrument. 'Arun° J. Sartini, Jr. Notary Public T Recorder's Use Only XX XX r.• a/LA BRUNO J. r J T Witness - y hand and cial seal. COMM. #1341C di / NOTARY PUBLIC • CAlJFOrO�► /1 A l A IJ ( .,. A. ..& r LOS WU E pe oou rry OT i m Ex � �t �' / Signature of1y4tziry SEE EXHIBIT "A" M'TACHED HERETO AND MADE A PART HEREOF RESOLUTION NO. 940 A RESOLUTION F THE CITY COUNCIL OF THE CITY (POLLING ILLS 3452980 GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT THE CONSTRUCTION OF A SWIMMING POOL/SPA ON A PROPERTY THAT REQUIRES DISCRETIONARY REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT APPROVED IN MARCH 2001, AT A SINGLE FAMILY RESIDENCE, AT 10 PORTUGUESE BEND ROAD, LOT 52-RH, IN ZONING CASE NO. 660, (HWUNG). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mrs. Hwung with respect to real property located at 10 Portuguese Bend Road, (Lot 52-RH), Rolling Hills, requesting Site Plan Review to permit the construction of a swimming pool/spa at an existing single family residence. Section 2. The Planning Commission conducted duly noticed public hearings to consider the request on March 18, 2003, April 15, 2003 and conducted a field trip visit on April, 1, 2003. Evidence was heard and presented from all persons interested in said proposal, from all persons protesting the same, and from members of the City staff and the Planning Commission. During the hearing process, the Commission discussed concerns that a•� property was Overbuilt and that the proposal exceeded the building pad coverage guideline. Section 3. On April 15, 2003, following the close of the public hearing, the Planning Commission, having reviewed, analyzed and studied said proposal, requested that staff prepare a Resolution of denial regarding the project. The Planning Commission adopted Resolution No. 2003-10 on May 20. The vote was 4-0, with Commissioner Witte being absent. The applicants' filed an appeal on June 18, 2003. Section 4. The City Council conducted duly noticed public hearings to consider the request on July 14, 2003 and July 28, 2003 and conducted a site visit on July 28, 2003. The applicants were notified of the hearings in writing by first class mail. Evidence was heard and presented from all persons interested in said proposal, from all persons protesting the same, and from members of the City staff and the City Council. The applicant and the applicant's representative were in attendance at the hearings. Section 5. In March 2001, the Planning Commission by Resolution No. 2001-07, approved a Site Plan for substantial additions to subject single family residence, for a total of 5,624 square foot house, and a 740 square foot garage, which are currently under construction. A 450 square foot future stable and 2,100 square foot basement were also approve;:. The property owners are not constructing the basement. A Variance to encroach with,a.portion:of_-,, the garage into the front yard setback was also approved`Resolution No:=2001-07 contains a condition, tha ,any future development on the property musj.be reviewed and approved by the 1 —Planning Commission:•The`proposed`pool/spa°constitute new development; and. hence, the reviewby. the Planning Commission,,, Section 6. The City Council finds that the project qualifies as a Class 4 Exemption (State CA Guidelines, Section 15304, Minor Alterations to Land) and is therefore categorically exempt from environmental review under the California Eaviro.,ineiitai Quality Act. Section 7. Section 17.46.020 requires a development plan to be submitted for site plan review and approval before any grading, building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve . changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. Although a swimming pool that meets all of the City's Zoning and Building Code requirements is exempt from the Site Plan Review process, the Planning Commission in their previous approval in March 2001, imposed a condition that states as follows: "Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project, which would constitute additional structural development, shall require the filing of a new application for approval by the Planning Commission. Section 8. With respect to the Site Plan Review application to develop a swimming pool/spa combination, the City Council makes the following findings of fact: A. The proposed development is to construct a 508 square foot swimming pool and a spa in the rear yard. The Planning Commission in March 2001, approved substantial additions to the then existing single family residence for a total of 5,624 square foot house, and a 740 Resolution No. 940 -1- 3 square foot garage, are currently under construction. A 450 s e foot future stable and 2,100 square foot base, ent were also approved. The applicant is nanning to construct the basement. Also approved was a Variance to expand the existing garage, which would encroach into the front yard setback and relocation of the driveway. No grading is proposed for this project, B. The March 2001 approval included grading for the project of 1,772 cubic yards of cut and fill. However, with the elimination of the basement the grading quantities have'been reduced to 850 cubic yards of cut and fill. The structural lot coverage proposed is 7,418 square feet or 13.0%, (20% permitted). The total lot coverage proposed, including the new deck for the swimming pool and additional walkways around the garage and the house will be 15,289 square feet or 26.8% (35% permitted). The residential building pad is 22,713 square feet and the pad coverage, including the proposed swimming pool/spa is proposed at 32.6%. 21,591 square feet of the 57,007 square feet net lot area is proposed to be disturbed, which is 37.9% (40% maximum permitted. No additional disturbance is proposed for this project. C. The granting of the request for the Site Plan Review would be consistent with the purposes and objectives of the Zoning Ordinance and Generai Plan. Although the additional construction of a 508 square foot swimming pool and spa on this lot exceeds the maximum building pad coverage guideline, it does not give the property an overbuilt feel. The construction is compatible with the General Plan goals of maintaining low profile, low -density residential development pattern in the community. D. The development plan does substantial!' preserve the natural and undeveloped state of the lot by leaving a large portion of the lot unoccupied by structures. E. The project is harmonious in scale and mass with the site and the natural terrain. The location of the swimming pool and spa is not in a prominent location and is tucked in between two wings of the house in the rear yard. For these reasons, the proposed development of the swimming pool and spa, in combination with the previously approved house, which is under construction, is not too extensive for the lot and is consistent with the goals, purposes, and requirements of the Site Plan Review Ordinance. F. Several letters of support from neighbors were received and considered by the City Council. In addition testimony in favor of this project from a neighbor was presented at the public hearings and at the field trip. Section 9. Based upon the foregoing findings, the City Council hereby approves the Site Plan Review application for Zoning Case No. 660 for the construction of a 508 square foot swimming pool andspi, as shown on a development plan dated March 3, 2003, subject to the following conditions: A. • The Site Plan Review approval shall expire within one year from the effective date of approval as defined in Section 17.46.080. B. It is declared and made a condition of the Site Plan Review approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. C. All requirements of the Buildings 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 marked Exhibit A in Zoning Case No. 660 dated March 3, 2003, except as otherwise provided in these conditions. E. There shall be no additional grading allowed for the construction of the swimming pool/spa combination. F. The structural lot coverage shall not exceed 13.0% and the total lot coverage shali not exceed 26.8%. G. Residential building pad coverage shall not exceed 32.6%, which includes the future stable. H. The disturbed area of the lot shall not exceed 37.9% of the net lot area. Resolution No. 940 -2- 1. Th.ject must be reviewed and approved by toiling Hills Community Association Architectural Review Committee prior to the issuance of any building permit, J. All conditions of this Site Plan Review approval must be complied with prior to the issuance of a building permit from the County of Los Angeles. 03 3452 9 80 K. Except as herein amended, the provisions of Resolution No. 2001.07 of the �i e� Planning Commission, dated March 20, 200.1 shall continue to be in full force and effect. L. The applicant shall execute an Affidavit of Acceptance Form of all conditions of this Site Plan Review approval, or the approval shall not be effective. PASSED, APPROVED AND ADOPTED THIS llth DAY OF AUGUST, 2003. w`''r.1' FRANK E, HILL, MAYOR ATTEST: MARILYN L. KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 940 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO PERMIT THE CONSTRUCTION OF A SWIMMING POOL/SPA ON A PROPERTY THAT REQUIRESDISCRETIONARY REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT APPROVED IN MARCH 2001, AT A SINGLE FAMILY RESIDENCE; AT 10 PORTUGUESE BEND ROAD, LOT 52-RH, IN ZONING CASE NO. 660, (1-t%VUNG). was approved and adopted at a regular meeting of the City Council on August 11, 2003 by the following roll call vote: AYES: Councilmembers Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Cc,uncij.member Black ABSTAIN: None. and in compliance with the laws of California was posted.at the following: Administrative Offices. DEPUTY CITY CLERK Resolution No. 940 -3- • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 3, before Date personally appeared Place Notary Seal Above e 03 3452980 (i) io una J. Sartin#, Jr. - Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be, the person* whose name( j/fe subscribed to the within nstrument and acknowledged to me that/ /tly executed the same in tit he /t#eir authorized capacity(ie-s), and that by r/%eir signature(y) on the instrument the person(I, or the entity upon behalf of which the perso acted, executed the instrument. WITNESS my hand and official se I. OPTIONAL Si..' a ure of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: El Individual L1 Corporate Officer — Title(s): 1:=1 Partner — ❑ Limited ❑ General Attorney in Fact LI Trustee Li Guardian or Conservator Other: Signer Is Representing: Number of Pages: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Top of thumb here ^u Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 RESOLUTION NO. 2003-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CF ROLLING HILLS DENYING A REQUEST FOR SITE PLAN REVIEW T PERMIT CONSTRUCTION OF A SWIMMING POOL AND A SPA ON PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEV DUE TO EXISTING STRUCTURAL DEVELOPMENT APPROVED T\l MARCH 2001, AT A SINGLE FAMILY RESIDENCE, AT 10 PORTUGUESE BEND ROAD, LOT 52-RH, IN ZONING CASE NO. 663, (HWUNG). , THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. and Mr. Hwung-Hsiang Hwung with respect to real property located at 10 Portuguese Bend Road (Lot 52-RH), Rolling Hills, requesting Site Plan Review to permit the construction of a 508 square foot swimming pool and a spa. Section 2. In March 2001, the Planning Commission by Resolution No. 2001-07, approved a Site Plan application for substantial additions to subject single family residence, and a Variance to encroach with an addition to the then existing garage into the front yard setback. The construction is currently underway. Section 3. Resolution No. 2001-07 contains a condition that any future development on the property must be reviewed and approved by the Flanning Commission. The applicant is requesting to construct a 508 square foot swimming pool and spa in the rear yard. The proposed pool/spa constitute new development. Section 4. During the hearing process, the Commission discussed concerns related to the building pad coverage. The Planning Commission's guidelines disfavor exceedance of 30% building pad coverage when a new or substantially new construction is proposed. Section 5. The Planning Commission conducted a duly noticed public h€ aring to consider the requests on March 18, 2003, April 15, 2003 and at a field trip visit on April 3, 2003. The applicant was notified of the 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 and the F lanning Commission having reviewed, analyzed and studied said proposal. The applicant and the applicant's representative were in attendance at the hearings. Section 6. The Planning Commission finds that the project qualifies a a Class 4 Exemption (State CA Guidelines, Section 15304, Minor Alterations to Land) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. Section 17.16.097 allows the Planning Commission to utilize a guideline in determining whether the proportion of the proposed construction to the size of the building pad that is proposed for development is appropriate. The Planning Commission's guideline for building pad coverage is 30%. Section 8. Section 17.46.020 requires a development plan to be submitted for site plan review and approval before any grading, building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. Although a swimming pool that meets all of the City's Zoning and Building Code requirements is exempt from, the Site Plan Review process, the Planning Commission in their previous , approval in March 2001, imposed a condition that states as follows: "Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project, which would constitute additional structural development, shall require the filing of a new application for approval by the Planning Commission. With respect to the Site Plan Review application to develop a swimming pool/spa combination, the Planning Commission makes the following findings of fact: A. The proposed development is to construct a 508 square foot swimming pool and a spa in the rear yard. The Planning Commission in March 2001, approved substantial additions to the then existing single family residence for a total of 5,624 square foot house, and a 740 square foot garage, which are currently under construction. A 450 square foot future stable and 2,100 square foot basement were also approved. The applicant is not planning to construct the basement. Also approved was a Variance to expand the existing garage, which would encroach into the front yard setback and relocation of the driveway. No grading is proposed for this project. B. The March 2001 approval included grading for the project of 1,772 cubic yards of cut and fill. However, with the elimination of the basement the grading quantities have been reduced to 850 cubic yards of cut and fill. The structural lot coverage proposed is 7,418 square feet or 13.0%, (20% permitted). The total lot coverage proposed, including the new deck for the swimming pool and additional walkways around the garage and the house will be 15,289 square feet or 26.8% (35% permitted). The residential building pad is 22,713 square feet and the pad coverage, including the proposed swimming pool/spa is proposed at 32.6%. The Planning Commission's guideline is 30%. 21,591 square feet of the 57,007 square feet net lot area is proposed to be disturbed, which is 37.9% [40% maximum permitted; 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]. No additional disturbance is proposed for this project. C. The granting of the request for the Site Plan Review would not be consistent with the purposes and objectives of the Zoning Ordinance and General Plan. The additional construction of a 508 square foot swimming pool and spa on this lot exceeds the maximum building pad coverage guideline, which is not compatible with STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2003-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR SITE PLAN REVIEW TO PERMIT CONSTRUCTION OF A SWIMMING POOL AND A SPA ON A PROPERTY THAT REQUIRES PLANNING COMMISSION REVIEW, DUE TO EXISTING STRUCTURAL DEVELOPMENT APPROVED IN MARCH 2001, AT A SINGLE FAMILY RESIDENCE, AT 10 PORTUGUESE BEND ROAD, LOT 52-RH, IN ZONING CASE NO. 660, (HWUNG). was approved and adopted at an adjourned regular meeting of the Planning Commission on May 20, 2003 by the following roll call vote: AYES: Commissioners DeRoy, Margeta, Sommer and Chairwoman Hankins. NOES: None. ABSENT: Commissioner Witte. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. mtt>LA- .k DEPUTY CITY CLERK • • the General Plan goals of maintaining low profile, low -density residential development pattern in the community. Specifically, the building pad coverage of 32.6% is in excess of the Planning Commission's general guideline and thus, will cause overdevelopment of the building pad. This amount of disturbance and grading does not comply with the General Plan requirement of maintaining strict grading practices and low profile residential development patterns in the community. D. The development plan does not substantially preserve the natural and undeveloped state of the lot by minimizing building pad coverage. Building pad coverage requirements are regarded as maximums. The project will establish maximum building pad coverage of 32.6%, which the Planning Commission finds to be excessive and not consistent with most new development in the City. E. The project is not harmonious in scale and mass with the site and the natural terrain. The degree and area of structural coverage is large and is particularly inconsistent with the City's development pattern because of the prominent location of the house. For these reasons, the proposed development of the swimming pool and spa, in combination with the previously approved house, which is under construction, is too extensive for the lot and is not consistent with the goals, purposes, and requirements of the Site Plan Review Ordinance. F. The project is not harmonious in scale and mass with the site and the natural terrain. As indicated in paragraph A, B, C, D, and E, the proposed project is not consistent nor compatible with the scale and size of the existing building pad on the site. Overdevelopment and infill on the building pad will reduce the existing spaciousness of the residence on the pad. Section 9. Based upon the foregoing findings, the Planning Commission hereby denies the Site Plan Review application for Zoning Case No. 660 for the construction of a 508 square foot swimming pool and spa, as shown on a development plan dated March 3, 2003. PASSED, APPROVED AND ADOPTED THIS 20TH DAY.. OF MAX 2003. ) 11 1 `L� VIE HA INS, CHAIRWOMAN ATTEST: ��k MARILYN Lt.) KERN, DEPUTY CITY CLERK