626, Addition to existing SFR, Resolutions & Approval ConditionsO1-08231
34 7_,
RECORDING REQUESTED BY AND
MAIL TO
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
The Registrar -Recorder's Office requires that the form be notarized before recordation.
AFFIDAVIT OFACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ti
ZONING CASE NO. 626
SITEIPLAN REVIEW X
VARIANCE X
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.
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 626
SITE PLAN REVIEW X
VARIANCE X
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
�= La----- - L;nA-iron.,, et; -roe
Signature i / Signature
L4nt- Linq cidtgr
Name typed orprinted
`� Name typed or printed
(n PDyru_ a e 4 P 1 e-vicf Roasol
Address Address
Rolling I-L. 1 f4 , CA 90 -- 7L
City/Stated City/State
Signatures must be acknowledged by a notary oublic.
1 Recorder's Use Only
State of California )
County of Los Angeles )
On %O'-19 - before me, -KVI'L ^ j c° N
personally appeared fi (uGr —,ithU ^ H�`
p serra+ly-knewrrte-me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(iLes} and that by I/her/their signature($ on the instrument the person($. or the entity upon behalf of which the
person4s) acted, executed the instrument.
TERRY W. FLEMING
COMM.#1185057
Notary Public -California Ie
LOS ANGELES COUNTY a
My comm. expires Jun.23, 2002 K
Witness,y hand and official s
Signature ofry
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
EirA*41 'A
01-0823134
RESOLUTION NO. 2001-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT
ENCROACHMENT INTO THE FRONT YARD SETBACK TO
CONSTRUCT A GARAGE ADDITION AND GRANTING SITE PLAN
REVIEW APPROVAL FOR THE CONSTRUCTION OF
SUBSTANTIAL ADDITIONS TO A SINGLE FAMILY RESIDENCE AT
10 PORTUGUESE BEND ROAD IN ZONING CASE NO. 626.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs. Hwung-Hsiang
Hwung with respect to real property located at 10 Portuguese Bend Road, Rolling Hills
(Lot 52-RH) requesting a Variance to permit encroachment into the front yard setback to
construct garage addition and Site Plan Review for the construction of substantial
additions to a single family residence. for a 5,624 square foot residence, a 740 square foot
attached garage, a 2,100 square foot basement and a 450 square foot barn with a corral.
Section 2. A. The Planning Commission conducted a duly noticed public
hearing to consider the application on December 19, 2000, January 16, 2001, February
20, 2001 and at a field trip on February 3, 2001. The applicant was notified of the
hearings in writing by first class mail. The applicant was in attendance at the hearings.
Evidence was heard from members of the City staff, the applicant's representative, and
all persons interested in affecting the proposal. The Planning Commission reviewed,
analyzed and studied the project.
B. Initially, the applicant requested a Site Plan Review to construct
residential addition for a total of 6,781 square feet, a garage addition for a total of 920
square feet and a 1,069 square foot basement. At the December 19, 2000 meeting, the
Planning Commission expressed concerns pertaining to the size of the additions, the
total pad coverage and the general compatibility of the project with the adjacent
properties. The Commission continued the public hearing to January 16, 2001 to allow
the applicant to revise his application. Subsequent to the December 19, 2000 public
hearing, the applicant submitted a revised site plan with reduced addition, reduced size
of the proposed garage and larger basement. At the same time the applicant requested a
Variance to encroach with the garage addition into the front yard setback to widen the
existing garage.
Section 3. The Planning Commission finds that the project qualifies as a Class
1 Exemption (State of CA Guidelines, Section 15301(e) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
RESOLUTION NO. 2001-07
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making use of a parcel of property to the same extent enjoyed by similar properties in
the same vicinity. Section 17.16.110 requires the front yard setback for every residential
parcel to be fifty (50) feet. The applicant is requesting to encroach up to a maximum 21
feet into the 50-foot front yard setback to permit the encroachment of a 195 square foot
addition to widen the existing garage. Currently the garage encroaches 36 feet into the
front yard setback. The applicant proposes to demolish part of the existing garage to
reduce the encroachment. 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 or to the intended use that do not apply generally
to the other property or class of use in the same zone because the existing garage
encroaches into the front yard setback and the proposed addition will not further the
encroachment.
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. The Variance is. necessary because the
development and use of the subject property in a manner consistent with the shape of
the lot and development of other property on this street justifies this additional small
incursioninto the front yard setback. There will not be any greater incursion into the
front yard setback than already exists.
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. Allowing the proposed encroachment into the
front yard setback will not allow any greater incursion than already exists. In addition,
development on this portion of the pad will allow a substantial portion of the more
environmentally significant rear portions of the lot to remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 626 to permit the encroachment of a
195 square foot garage addition to an existing garage that will encroach a maximum of
21 feet in length and 4.5 feet in width into the fifty foot (50') front yard setback, as
indicated on the development plan submitted with this application and incorporated
herein by reference as Exhibit A, subject to the conditions specified in Section 8 of this
Resolution.
Section 6. Section 17.46.030 requires a development plan to be
submitted for site plan review and approval before any 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.
With respect to the Site Plan Review application, the Planning Commission makes the
following findings of fact: .
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structure complies with
RESOLUTION NO. 2001-07
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the General Plan requirement of low profile, low density residential development with
sufficient open space between surrounding structures. The project conforms to Zoning
Code setback and lot coverage requirements with the Variance approved in Section 5 of
this Resolution. The lot has a net square foot area of 57,007 square feet. The proposed
residence (5,624 sq.ft.), garage (740 sq.ft.), and stable (450 sq.ft) will have 6,814 square
feet which constitutes 11.9% coverage of the lot which is within the maximum 20%
structural net lot coverage requirement. The total lot coverage including paved areas and
driveway will be 12,773 square feet or 22.4% of the net lot area. The residential building
pad consists of 22,713 square feet and will have a structural coverage of 30%. The
proposed project is on a relatively large lot with most of the proposed structures located
behind an existing hedge so as to reduce the visual impact of the development.
B. The proposed development preserves and integrates into the site
design, to the maximum extent feasible, existing natural topographic features of the lot
including surrounding native vegetation, mature trees, and drainage courses. The lot is
relatively flat. Grading will consist of 1,772 cubic yards of cut soil and 1,772 cubic yards
of fill and will be balanced on site in an area north of the proposed addition, where there
exists a small gully in the terrain. A maximum 30" garden wall will be constructed in the
area of the yard where the soil will be deposited. Most of the mature trees will not be
removed.
C. The development plan follows natural contours of the site to
minimize grading and the existing natural drainage courses will continue.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible. Specifically, the development plan preserves
several mature trees and shrubs.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the structural and total lot coverage to be exceeded. The project
will be located on a relatively flat lot where significant portions of the lot will be left
undeveloped. The development plans will minimize impact on Portuguese Bend Road.
F. The proposed development, as conditioned, is harmonious in scale
and mass with the site, the natural terrain and surrounding residences. As indicated in
Paragraph A, the lot coverage maximum will not be exceeded and the proposed project
is consistent with the scale of the neighborhood. The ratio of the proposed structure to
lot coverage is similar to the ratio found on several properties in the vicinity.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles. The applicant
proposes to relocate the existing driveway approximately 45 feet to the south and the
reconfiguration of the apron will have less of an impact on Portuguese Bend Road than
currently exist..
H. The project conforms to the requirement of the California
Environmental Quality Act and is categorically exempt from environmental review.
RESOLUTION NO. 2001-07
3
411 SO1-O823134
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 626 for a
proposed residential development as indicated on the development plan incorporated
herein as Exhibit A and subject to the conditions contained in Section 8.
Section 8. The Variance to the front yard setback approved in Section 5
and the Site Plan Review approved in Section 7 of this Resolution are subject to the
following conditions:
A. The Variance and Site Plan Review approvals shall expire within
one year from the effective date of approval as defined in Sections 17.38.070(A) and
17.46.080(A), unless construction on the applicable portions of the structure have
commenced within that time period.
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, the approval shall be
suspended and the privileges granted thereunder shall be subject to revocation;
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 and has been provided additional notice
and a hearing prior to the revocation of the Permit.
C. All requirements of the Buildings Code of the City of Rolling Hills
and the Rolling Hills Zoning Ordinance 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, dated February 12, 2001 except
as otherwise provided in these conditions.
E. Grading shall not exceed 1,772 cubic yards of cut soil and 1,772
cubic yards of fill, and shall be balanced on site.
F. Any grading shall preserve the existing topography, flora, and
natural features to the greatest extent possible,
G. The residential building pad coverage shall not exceed 30%, and the
total structural and flatwork coverage shall not exceed 22.4% of the net lot area. The
structural lot coverage shall not exceed 6,814 square feet or 11.9% of the net lot area.
H. The disturbed area of the lot shall not exceed 21,591 square feet or
37.9%
I. Landscaping shall incorporate and preserve, to the maximum extent
feasible, the existing trees and shrubs and the natural landscape screening surrounding
the proposed building pad. The landscaping proposed for the driveway turn around
area shall be planted so as to minimize view obstruction from the adjacent property.
J. Landscaping shall include water efficient irrigation, to the
maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes
RESOLUTION NO. 2001-07
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automatic controllers, incorporates an irrigation design using "hydrozones," considers
slope factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray in accordance with Section 17.27.020 (Water
efficient landscaping requirements) of the Rolling Hills Municipal Code.
K. A landscaping plan must be submitted to and approved by the City of
Rolling Hills Planning Department staff prior to the issuance of any grading and
building permit. The landscaping plan submitted must comply with the purpose and
intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and
native vegetation, and shall utilize to the maximum extent feasible, plants that are
native to the area and/or consistent with the rural character of the community. All new
trees and plants, at maturity, shall not exceed the height of the ridge line of the
residence
A bond in the amount of the cost estimate of the implementation of the landscaping
plan plus 15% shall be required to be posted prior to issuance of a grading and building
permit and shall be retained with the City for not less than two years after landscape
installation. After the two-year period, upon the request of the applicant, the retained
bond will be released by the City Manager after the City Manager or his designee
determines that the landscaping was installed pursuant to the landscaping plan as
approved, and that such landscaping is properly established and in good condition.
L. The property owners shall be required to conform with the air
quality management district requirements, storm water pollution prevention practices,
county and local ordinances and engineering practices so that people or property are
not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides,
mudflows, erosion, or land subsidence.
M. 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.
N. All parking, during and after construction, shall.take place on the
project site.
O. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Health Department requirements
for the installation and maintenance of septic tanks.
P. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Health Department requirements
for the installation and maintenance of storm water drainage facilities.
Q. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste.
RESOLUTION NO. 2001-07
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R. An Erosion Control Plan containing the elements set forth in
Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be
prepared to minimize erosion and to protect slopes and channels to control storm water
pollution as required by the County of Los Angeles.
S. Prior to the submittal of an applicable final building plan to the
County of Los Angeles for plan check, a detailed grading and drainage plan with
related geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills Planning
Department staff for their review. Cut and fill slopes shall not exceed a 2 to 1 slope
ratio.
T. Upon relocation of the existing driveway, the existing driveway
apron shall be closed off and a new curb constructed.
U. The basement shall have solid door for ingress/egress to the
• exterior, and shall meet the requirements of the Los Angeles County Building Code.
V. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
building or grading permit.
W. 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.
X. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Site Plan and Variance approvals, or the approvals shall not be
effective.
Y. All conditions of the Variance and Site Plan approvals that apply
must be complied with prior to the issuance of a building or grading permit from the
County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 20,t-D7CY F,.MARCH 2001.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2001-07
6
461-0823134
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2001-07 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT
INTO THE FRONT YARD SETBACK TO CONSTRUCT A GARAGE ADDITION
AND GRANTING. SITE PLAN REVIEW APPROVAL FOR THE
CONSTRUCTION OF SUBSTANTIAL ADDITIONS TO A SINGLE FAMILY
RESIDENCE AT 10 PORTUGUESE BEND ROAD IN ZONING CASE NO. 626.
was approved and adopted at a regular meeting of the Planning Commission on
March 20, 2001 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 2001-07
7
EDWARD CARtN BEALL, AIA ANDISSOCIATES
INTERIORS ARCHITECTURE
LANDSCAPE
MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
EDWARD CARSON BEALL, AICP, AIA
GEORGE C. SHAW, NCARB, AIA
MILES E. PRITZKAT, AIA
SUSAN R. BEALL, ASID
JULIE HEINSHEIMER, ASLAA
June 5, 2001
Yolanta Schwartz
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
310-377-1521
SUBJECT: LANDSCAPE PLAN
10 PORTUGUESE BEND ROAD
Dear Yolanta:
JUN 0 8 2f
CITY OE;RC L:KILLS
Page 1of1
Per review of the referenced landscape plan and cost estimate it is my opinion that it complies with
Resolution No. 2001-07, Paragraphs I, J and K of Section No. 8 which pertain to the landscaping
requirements for this property. Please call if you have any questions.
Yours truly,
EDWARD CARSON BEALL, AIA AND ASSOCIATES
e Heinsheimer
23727 HAWTHORNE BOULEVARD TORRANCE, CALIFORNIA 90505
fax: 310.375.9530 tele: 310.378.1280 email: ecbeall@aol.com