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660, Construct a pool & spa, Staff ReportsDATE: TO: ATTN: FROM: SUBJECT: . 1 Q/ City )?o/212in --Ili J iNcc:,,r,.r'c ',A•!U, ,1,"y.C'1111t RY .. , i"t:;., NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 7A Mtg.Date: 8 / 11 / 03 AUGUST 11, 2003 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR RESOLUTION NO. 940. 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 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). BACKGROUND: 1. On July 14, 2003, the City Council opened a public hearing to consider an appeal regarding Zoning Case No. 660 to construct a 508 square foot swimming pool and a spa, filed on June 18, 2003, by Mr. and Mrs. Hwung, 10 Portuguese Bend Road. 2. The City Council held public hearings on July 14, 2003 and July 28, 2003, including a visit to the property on July 28, 2003. 3. At the July 28, 2003 meeting, the City Council closed the public hearing and directed staff to prepare a Resolution of Approval, which is attached. RECOMMENDATION It is recommended that the City Council adopt Resolution No.. 940 approving Zoning Case No. 660. RESOLUTION NO. 940 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 RE'QUIRES 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 the 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 approved. 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 that any future development on the property must be reviewed and approved by the Planning Commission. The proposed pool/spa constitute new development, and hence, the review by 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 Environmental 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 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%. 21,591 square feet of the 57,007 square feet net lot area is proposed to be i4 • 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 General 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 substantially 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 and spa, 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 shall 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. I. The project must be reviewed and approved by the Rolling 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. K. Except as herein amended, the provisions of Resolution No. 2001-07 of the Planning Commission, dated March 20, 2001 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 11th DAY OF AUGUST, 2003. 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 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). was approved and adopted at a regular meeting of the City Council on August 11, 2003 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. DEPUTY CITY CLERK DATE: TO: ATTN: FROM: SUBJECT: • City o/ Jh/'h • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 cityofrh@aol.com Agenda Item NoE- i • .:"� Mtg. Date: 7/28/03 JULY 28, 2003 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 660 CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST FOR A SITE PLAN REVIEW TO PERMIT THE CONSTRUCTION OF A SWIMMING POOL/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). (HWUNG). APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 660 10 PORTUGUESE BEND ROAD (LOT 52-RH) RA-S-1, 1.591 ACRES MR. AND MRS. HWUNG-HSIANG HWUNG MR. CRISS GUNDERSON, ARCHITECT, MR. STANLEY LAMPORT, ATTORNEY JULY 5, 2003. An appeal of the Planning Commission decision to deny a Site Plan Review for the construction of a 508 square foot swimming pool/spa. BACKGROUND 1. The City Council at the July 15, 2003 public hearing scheduled a field trip to subject site for July 28, 2003. 2. The Planning Commission at their regular meeting on May 20, 2003, adopted Resolution No. 2003-10, which is attached, denying a request for a Site ZC 660-Appeal CC 7/28/03 FT Printed on Fiei:Yr:,ICCd I,;low Plan Review to construct a 508 square foot pool/spa. The vote was 4-0. Commissioner Witte was absent. 3. An appeal regarding Zoning Case No. 660 was filed by Mr. and Mrs. Hwung, 10 Portuguese Bend Road on Wednesday, June 18, 2003..In accordance with Chapter 17.54 (Appeals) of the Rolling Hills Municipal Code, a public hearing has been set for consideration of the appeal by the City Council. 4. The Commission expressed concerns about the proposed residential building pad coverage (32.6%). The proposed swimming pool and spa consist of 508 square feet and are proposed to be located in the rear yard between the two wings of the residence. 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 approved. 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 as part of the 2001 application. 6. Resolution No. 2001-07 contains a condition, which requires that any future development on the property must be reviewed and approved by the Planning Commission. The proposed pool/spa constitute new development, and hence, the review by the Planning Commission. 7. The residence was constructed in 1937. In 1977, a Conditional Use Permit was granted by the Planning Commission in Zoning Case No. 183 to construct a pool and spa in the rear yard setback. 8. In 1990, the Planning Commission approved a request for a Conditional Use Permit for a sports court and Site Plan Review to construct a new residence in Zoning Case No. 437. The same year the Planning Commission determined that Portuguese Bend Road is to be the front of the lot. In 1991, the Planning Commission denied a request to modify the previously approved Site Plan Review for an addition of an attached single car garage. The sports court and the new residence were not constructed, and the approvals expired. 9. The 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 pool in the rear yard setback, approved in 1977, was filled and the area landscaped prior to the 2001 development application. No additional grading is proposed for the new pool/spa, which is consistent with how soil is managed for pool and/or spa construction. 10. The structural lot coverage proposed is 7,418 square feet or 13.0%, (20% ZC 660-Appeal CC 7/28/03 FT 2 • • 1 permitted). The total lot coverage proposed, including the new deck (952 square feet) for the swimming pool and additional walkways around the garage and the house (1,000 square feet) will be 15,289 square feet or 26.8% (35% permitted). 11. 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%. 12. 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 the pool and spa. 13. Staff received a letter of support for this project, which is attached, from an adjacent property owner. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council view the project. ZC 660-Appeal 3 CC 7/28/03 FT SITE PLAN NO. 660 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Site Plan Review required for grading requiring a grading permit, any new structure or 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. STRUCTURAL LOT COVERAGE (20% maximum TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL & TOTAL BUILDING PAD COVERAGE (Guideline maximum of 30%) 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 nongraded area where impervious surfaces exist. STABLE (450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS (maximum 25% slope) ROADWAY ACCESS VIEWS CURRENTLY UNDER CONSTRUCTION (Previously approved) Substantial addition & Variance to encroach with a garage into the front yard setback Residence Garage Swim Pool/Spa Service Yard Stable Future Total Bsmnt. 12.1% 22.5% 30.4% 5,624 sq.ft. 740 sq.ft. 0 sq.ft. 96 sq.ft. 450 sq.ft. 6,910 sq.ft. 2,100 sq.ft. 850 cubic yards, (approved 1,772 cubic yards) 21,591 sq.ft. or 37.9% of the 57,007 sq.ft. net lot 450 sq.ft. stable 550 sq.ft. corral Proposed from Portuguese Bend Road with a slope of 8% which is less than 25% maximum. Relocate driveway accessway 45 feet south on Portuguese Bend Road. Traffic Commission recommended approval. N/A PLANTS AND ANIMALS N/A PROPOSED Pool/Spa & pool deck Residence Garage Swim Pool/Spa Service Yard Stable Future Total Bsmnt 5,624 sq.ft. 740 sq.ft. 508 sq.ft. 96 sq.ft. 450 sq.ft. 7,418 sq.ft. 0 sq.ft. 7,418 sq.ft. or 13.0% of the 57,007 sq.ft. net lot area 15,289 sq.ft. or 26.8% of the 57,007 sq.ft. net lot area 7,418 sq.ft. or 32.6% of the 22,713 sq.ft building pad No new grading proposed No change proposed 450 sq.ft. stable 550 sq.ft. corral No change No change Planning Commission conditions Planning Commission conditions ZC 660-Appeal CC 7/28/03 FT 4 • • RESOLUTION NO. 2003-10 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). 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 Planning 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 hearing 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 Planning 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 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 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 • 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.. j F MAX 2003. 1, 1 1EVIE HAN'KINS, CHAIRWOMAN ATTEST: ,e. MARILYN L'` KERN, DEPUTY CITY CLERK 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. DEPUTY CITY LERK /oO� c9r�n C14 o/ /e0A44JUL v REQUEST FOR APPEAL APPLICATION FILE NO. Zoning Case No. 660 PROPERTY ADDRESS: OWNER: Resolution NO. 2003-10 INCORPORATED JANUARY 24, 1957 10 Portuguese Bend Road (Lot 52-RH) Mr. and Mrs. Hwung-Hsiang Hwung NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com I hereby request appeal of the decision of the Planning Commission on the above referenced application(s) for the following reasons: The Planning Commission acted unreasonably in denying the applicants' proposed pool/spa combination mho application. consistent with th_e intent of the 30% lot coverage guideline and is well within other building envelope requirements for the site. The proposed pool/spa combination does not add to the massing on +-ha and is compatible with surrounding properties. The Planning Commission failed to properly account for these and other far•1ors, whi�-h }�rst icy wing the application. SIGNED: 01..OLUAL-/ IJi,1-n12_ ! 7. -O 3 FEE: 3 1 U00. 00 (Two-thirds of original application fee.) P, n;ed e.,41 H.: cyc k,!6 P-30, • • 14 July 2003 To Whom It May Concern: leity JUL 1 4 2003 ; 01.1. ! 1G 1-;,! LS • As next door neighbors and fellow Rolling Hills residents we would like to express our support for the installation of a swimming pool at 10 Portuguese Bend Road. Not only does a swimming pool enhance the beauty of a home, but also the value of a Rolling Hills property. We observed the flags indicating the size and location of the proposed pool. We feel that a larger pool farther from the home would be more aesthetically pleasing, even if it involves using the set back closer to our home. Thank you for your consideration, Jeff and Dianna Pieper 3 Eucalyptus Lane Rolling Hills 310.541.7973 DATE: TO: ATTN: FROM: SUBJECT: • • city O/ Roiling PO RA .PnN U a 24 It,5:, NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E : cityofrh@aol.com Agenda Item No.: 6 Mtg. Date: 7/14/03 JULY 14, 2003 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 660 Consideration of an appeal of Planning Commission decision to deny a request for a Site Plan Review to permit the construction of a swimming pool/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). (HWUNG). APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: BACKGROUND ZONING CASE NO. 660 10 PORTUGUESE BEND ROAD (LOT 52-RH) RA-S-1, 1.591 ACRES MR. AND MRS. HWUNG-HSIANG HWUNG MR. CRISS GUNDERSON, ARCHITECT AND MR. STANLEY LAMPORT, ATTORNEY JULY 5, 2003. 1. The Planning Commission at their regular meeting on May 20, 2003, adopted Resolution No. 2003-10, which is attached, denying a request for a Site Plan Review to construct a 508 square foot pool/spa. The vote was 4-0. Commissioner Witte was absent. 2. An appeal regarding Zoning Case No. 660 was filed by Mr. and Mrs. Hwung, 10 Portuguese Bend Road on Wednesday, June 18, 2003. In accordance with Chapter 17.54 (Appeals) of the Rolling Hills Municipal Code, a public hearing has been set for consideration of the appeal by the City Council at this evening's meeting. ZC 660-Appeal CC 7/14/03 1 Prll thall or, Re, ,, 3. The Commission expressed concerns about the proposed residential building pad coverage (32.6%). The proposed swimming pool and spa consist of 508 square feet and are proposed to be located in the rear yard between the two wings of the residence. 4. 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 approved. 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 as part of the 2001 application. 5. Resolution No. 2001-07 contains a condition, which requires that any future development on the property must be reviewed and approved by the Planning Commission. The proposed pool/spa constitute new development, and hence, the review by the Planning Commission. 6. The residence was constructed in 1937. In 1977, a Conditional Use Permit was granted by the Planning Commission in Zoning Case No. 183 to construct a pool and spa in the rear yard setback. 7. In 1990, the Planning Commission approved a request for a Conditional Use Permit for a sports court and Site Plan Review to construct a new residence in Zoning Case No. 437. The same year the Planning Commission determined that Portuguese Bend Road is to be the front of the lot. In 1991, the Planning Commission denied a request to modify the previously approved Site Plan Review for an addition of an attached single car garage. The sports court and the new residence were not constructed, and the approvals expired. 8. The 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 pool in the rear yard setback, approved in 1977, was filled and the area landscaped prior to the 2001 development application. No additional grading is proposed for the new pool/spa, which is consistent with how soil is managed for pool and/or spa construction. 9. The structural lot coverage proposed is 7,418 square feet or 13.0%, (20(3/0 permitted). The total lot coverage proposed, including the new deck (952 square feet) for the swimming pool and additional walkways around the garage and the house (1,000 square feet) will be 15,289 square feet or 26.8% (35% permitted). 10. 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%. ZC 660-Appeal 2 CC 7/14/03 • 11. 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 the pool and spa. 12. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council open the public hearing and take public testimony. ZC 660-Appeal CC 7/14/03 SITE PLAN NO. 660 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Site Plan Review required for grading requiring a grading permit, any new structure or 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. STRUCTURAL LOT COVERAGE (20% maximum TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL & TOTAL BUILDING PAD COVERAGE (Guideline maximum of 30%) 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 nongraded area where impervious surfaces exist. STABLE (450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS (maximum 25% slope) ROADWAY ACCESS VIEWS CURRENTLY UNDER CONSTRUCTION (Previously approved) Substantial addition & Variance to encroach with a garage into the front yard setback Residence Garage Swim Pool/Spa Service Yard Stable Future Total Bsmnt. 12.1% 22.5% 30.4% 5,624 sq.ft. 740 sq.ft. 0 sq.ft. 96 sq.ft. 450 sq.ft. 6,910 sq.ft. 2,100 sq.ft. 850 cubic yards, (approved 1,772 cubic yards) 21,591 sq.ft. or 37.9% of the 57,007 sq.ft. net lot 450 sq.ft. stable 550 sq.ft. corral Proposed from Portuguese Bend Road with a slope of 8% which is less than 25% maximum. Relocate driveway accessway 45 feet south on Portuguese Bend Road. Traffic Commission recommended approval. N/A PLANTS AND ANIMALS N/A ZC 660-Appeal CC 7/14/03 4 PROPOSED Pool/Spa & pool deck Residence Garage Swim Pool/Spa Service Yard Stable Future Total Bsmnt 5,624 sq.ft. 740 sq.ft. 508 sq.ft. 96 sq.ft. 450 so.ft. 7,418 sq.ft. 0 sq.ft. 7,418 sq.ft. or 13.0% of the 57,007 sq.ft. net lot area 15,289 sq.ft. or 26.8% of the 57,007 sq.ft. net lot area 7,418 sq.ft. or 32.6% of the 22,713 sq.ft building pad No new grading proposed No change proposed 450 sq.ft. stable 550 sq.ft. corral No change No change Planning Commission conditions Planning Commission conditions 411 City 0/ /'O//1flj_WA INCORPORATED JANUARY 24, 1957 REQUEST FOR APPEAL APPLICATION FILE NO. Zoning Case No. 660 PROPERTY ADDRESS: OWNER: Resolution NO. 2003-10 10 Portuguese Bend Road (Lot 52-RH) Mr. and Mrs. Hwung-Hsiang Hwung NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityotrh@aol.com I hereby request appeal of the decision of the Planning Commission on the above referenced application(s) for the following reasons: The Planning Commission acted unreasonably in denying the applicants' Proposed pool/spa combination- The application is consistent with the intent of the 30% lot coverage guideline and is well within othAr building envelope requirements for the site. The proposed pool/spa combination does not add to the massing nn the qifen ic r•nmpai-i hl_o with surrounding properties. The Planning Commission failed to properly account for +hPfiP application. anrl�ii hAr faof rg, whir'b j112tify approving tha SIGNED: �,(��IJLL4L' DATED: 1LILLn1_ 17, 2CLD3 FEE: 31()COc3O (Two-thirds of original application fee.) @Prirt d cm A cvc,l.,rj Ctv:r RESOLUTION NO. 2003-10 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). THE PLANNING COMMISSION OF THE C11'Y 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 Planning 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 hearing 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 Planning 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 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 Environmental Quality Act. cop • • 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 • 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 MAY 2003. `.J TIE HA INS, CHAIRWOMAN ATTEST: �. K�QJ`cnti% MARILYN L'` KERN, DEPUTY CITY CLERK • • 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. S.k DEPUTY CITY C LERK [` O Rolling Jht'i'3 INCORPORATED JANUARY 24, 1957 ►C NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 4A Mtg. Date: 5/27/03 DATE: MAY 27, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: RESOLUTION NO. 2003-10. 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). BACKGROUND 1. The Planning Commission adopted Resolution No. 2003-10, which is attached, on May 20, 2003 at their regular meeting denying a request for a Site Plan Review to construct a 508 square foot pool/spa. The vote was 4-0. Commissioner Witte was absent. 2. The Commission expressed concerns about the proposed residential building pad coverage (32.6%). The proposed swimming pool and spa consist of 508 square feet and are proposed to be located in the rear yard between the two wings of the residence. 3. 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 approved. 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. ZC 660 CC 5/27/03 1 Printed c ern Recycled (':qx:� • • 4. Resolution No. 2001-07 contains a condition that any future development on the property must be reviewed and approved by the Planning Commission. The proposed pool/spa constitute new development, and hence, this review by the Planning Commission. 5. The residence was constructed in 1937. In 1977, a Conditional Use Permit was granted by the Planning Commission in Zoning Case No. 183 to construct a pool and spa in the rear yard setback. 6. In 1990, the Planning Commission approved a request for a Conditional Use Permit for a sports court and Site Plan Review to construct a new residence in Zoning Case No. 437. The same year the Planning Commission determined that Portuguese Bend Road is to be the front of the lot. In 1991, the Planning Commission denied a request to modify the previously approved Site Plan Review for the addition of an attached single car garage. The sports court and the new residence were not constructed, and the approvals expired. 7. The 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 pool in the rear yard setback, approved in 1977, was filled as part of the 2001 development application. No additional grading is proposed for the new pool/spa, which is consistent with how soil is managed for pool and/or spa construction, 8. 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). 9. 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%. The building pad coverage approved in 2001 was 30.2%. 10. 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 the pool and spa. 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council receive and file the staff report and Resolution. ZC 660 CC 5/27/03 2 SITE PLAN NO. 660 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Site Plan Review required for grading requiring a grading permit, any new structure or 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. STRUCTURAL LOT COVERAGE (20% maximum TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL & TOTAL BUILDING PAD COVERAGE (Guideline maximum of 30%) 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 nongraded area where impervious surfaces exist. STABLE (450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS (maximum 25% slope) ROADWAY ACCESS VIEWS PLANTS AND ANIMALS CURRENTLY UNDER CONSTRUCTION (Previously approved) Substantial addition & Variance to encroach with a garage into the front yard setback Residence Garage Swim Pool/Spa Service Yard Stable 5,624 sq.ft. 740 sq.ft. 0 sq.ft. 96 sq.ft. 450 sa.ft. Total 6,910 sq.ft. 12.1% 22.5% 30.4% 850 cubic yards, (approved 1,772 cubic yards) 21,591 sq.ft. or 37.9% of the 57,007 sq.ft. net lot 450 sq.ft. stable, 550 sq.ft. corral Proposed from Portuguese Bend Road with a slope of 8% which is less than 25% maximum. Relocate driveway accessway 45 feet south on Portuguese Bend Road. Traffic Commission recommended approval. N/A N/A PROPOSED Pool/Spa & pool deck Residence Garage Swim Pool/Spa Service Yard Stable 5,624 sq.ft. 740 sq.ft. 508 sq.ft. • 96 sq.ft. 450 sa.ft. Total 7,418 sq.ft. 7,418 sq.ft. or 13.0% of the 57,007 sq.ft. net lot area 15,289 sq.ft. or 26.8% of the 57,007 sq.ft. net lot area 7,418 sq.ft. or 32.6% of the 22,713 sq.ft building pad No new grading proposed No change proposed 450 sq.ft. stable 550 sq.ft. corral No change No change Planning Commission conditions Planning Commission conditions ZC 660 CC 5/27/03 3 • • :I RESOLUTION NO. 2003-10 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). 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 Planning 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 hearing 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 Planning 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 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 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 • • 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, F MAY 2003. j) 4KIi % i/w �EVIE HA1)KINS, CHAIRWOMAN ATTEST: o°• MARILYN L. KERN, DEPUTY CITY CLERK • t 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. k DEPUTY CITY LERK DATE: TO: FROM: • • Ci4 ofi2??n9JJ.FP, NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail:-cityofrh@aol.com MAY 20, 2003 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 660 10 PORTUGUESE BEND ROAD (LOT 52-RH) RA-S-1, 1.591 ACRES MR. AND MRS. HWUNG-HSIANG HWUNG MR. CRISS GUNDERSON, ARCHITECT MARCH 8, 2003. Request for a Site Plan Review to construct a 508 square foot swimming pool and a spa on a property that requires Planning Commission review, due to existing structural development approved in 2001. BACKGROUND 1. The Planning Commission at the April 15, 2003, meeting, directed staff to prepare a Resolution to deny the above request in Zoning Case No. 660, which is attached. The vote was 5-0. RESOLUTION NO. 2003-10 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). 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 Planning 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 hearing 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 Planning 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 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 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, includingthe new deck for the swimming pool and additional walkways aroundthe 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 • • 01 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 MAY 2003. EVIE HANKINS, CHAIRPERSON 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. 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK DATE: TO: FROM: • 0/ leoffin9. JUL 3a INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com APRIL 1, 2003 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 660 10 PORTUGUESE BEND ROAD (LOT 52-RH) RA-S-1, 1.591 ACRES MR. AND MRS. HWUNG-HSIANG HWUNG MR. CRISS GUNDERSON, ARCHITECT MARCH 8, 2003. Request for a Site Plan Review to construct a swimming pool and a spa on a property that requires Planning Commission review, due to existing structural development approved in 2001. BACKGROUND 1. The Planning Commission at the March 18, 2003 public hearing scheduled a field visit to subject property on April 1, 2003. 2. In March 2001, the Planning Commission by Resolution No. 2001-07, approved a Site Plan for substantial additions to subject single family residence, and a Variance to encroach with an existing garage into the front yard setback. The construction is currently underway. 3. Resolution No. 2001-07 contains a condition that any future development on the property must be reviewed and approved by the Planning 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. 4. The Planning Commission approved substantial additions 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 will not construct the basement. 5. The residence was constructed in 1937. In 1977, a Conditional Use ZC 660 PC 3/18/03 1 Printed on Recycled Paper. • Permit was granted by the Planning Commission in Zoning Case No. 183 to construct a pool and spa in the rear yard setback. The pool/spa were filled in for the new construction and were not a part of the March 2001 application. 6. 1990, the Planning Commission approved a request for a Conditional Use Permit for a sports court and Site Plan Review to construct a new residence in Zoning Case No. 437. The same year the Planning Commission determined that Portuguese Bend Road is to be the front of the lot. In 1991, the Planning Commission denied a request to modify the previously approved Site Plan Review for the addition of an attached single car garage. The sports court and the new residence were not constructed, and the approvals expired. 7. Grading for the project was approved at 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. No additional grading is proposed for the new pool/spa, which is consistent with how soil is managed for pool and/or spa construction, 8. 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). 9. 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%. 10. 21,591 square feet of the 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. 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission view the proposed project. ZC 660 PC 3/18/03 2 .• • SITE PLAN NO. 660 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Site Plan Review required for grading requiring a grading permit, any new structure or 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. STRUCTURAL LOT COVERAGE (20% maximum TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL & TOTAL BUILDING PAD COVERAGE (Guideline maximum of 30%) 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 nongraded area where impervious surfaces exist. STABLE (450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS (maximum 25% slope) ROADWAY ACCESS VIEWS CURRENTLY UNDER CONSTRUCTION (Previously approved) Substantial addition & Variance to encroach with a garage into the front yard setback Residence Garage Swim Pool/Spa Service Yard Stable 5,624 sq.ft. 740 sq.ft. 0 sq.ft. 96 sq.ft. 450 sa.ft. PROPOSED Pool/Spa & pool deck Residence Garage Swim Pool/Spa Service Yard Stable Total 6,910 sq.ft. Total 12.1% 22.5% 30.4% 850 cubic yards, (approved 1,772 cubic yards) 37.9% 450 sq.ft. stable 550 sq.ft. corral Proposed from Portuguese Bend Road with a slope of 8% which is less than 25% maximum. Relocate driveway accessway 45 feet south on Portuguese Bend Road. Traffic Commission reviewed. N/A 13.0% 26.8% 32.6% 5,624 sq.ft. 740 sq.ft. 508 sq.ft. 96 sq.ft. 450 sa.ft. 7,418 sq.ft. No new grading proposed No change proposed 450 sq.ft. stable 550 sq.ft. corral No change No change Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review ZC 660 PC 3/18/03 3 DATE: TO: FROM: iCity ./ • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com MARCH 18, 2003 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 660 10 PORTUGUESE BEND ROAD (LOT 52-RH) RA-S-1, 1.591 ACRES MR. AND MRS. HWUNG-HSIANG HWUNG MR. CRISS GUNDERSON, ARCHITECT MARCH 8, 2003. Request for a Site Plan Review to construct a swimming pool/spa on a property where a Site Plan Review and a Variance for substantial additions were granted previously, and which are currently under construction. BACKGROUND 1. In March 2001, the Planning Commission by Resolution No. 2001-07, approved a Site Plan for substantial additions to subject single family residence, and a Variance to encroach with an existing garage into the front yard setback. The construction is currently underway. 2. Resolution No. 2001-07 contains a condition that any future development on the property must be reviewed and approved by the Planning 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. 3. The Planning Commission approved substantial additions 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 will not construct the basement. 4. The residence was constructed in 1937. In 1977, a Conditional Use Permit was granted by the Planning Commission in Zoning Case No. 183 to construct a pool and spa in the rear yard setback. The pool/spa were filled in for the new construction and were not a part of the March 2001 application. ZC 660 PC 3/18/03 1 Printed on Recycled Paper. 5. 1990, the Planning Commission approved a request for a Conditional Use Permit for a sports court and Site Plan Review to construct a new residence in Zoning Case No. 437. The same year the Planning Commission determined that Portuguese Bend Road is to be the front of the lot. In 1991, the Planning Commission denied a request to modify the previously approved Site Plan Review for the addition of an attached single car garage. The sports court and the new residence were not constructed, and the approvals expired. 6. Grading for the project was approved at 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. No additional grading is proposed for the new pool/spa, which is consistent with how soil is managed for pool and/or spa construction, 7. 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). 8. 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%. 9. 21,591 square feet of the 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. 10. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission review the site plan request and take public testimony. ZC 660 PC 3/18/03 2 SITE PLAN NO. 660 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Site Plan Review required for grading requiring a grading permit, any new structure or 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. STRUCTURAL LOT COVERAGE (20% maximum TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL & TOTAL BUILDING PAD COVERAGE (Guideline maximum of 30%) 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 nongraded area where impervious surfaces exist. STABLE (450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS (maximum 25% slope) ROADWAY ACCESS VIEWS PLANTS AND ANIMALS CURRENTLY UNDER CONSTRUCTION (Previously approved) Substantial addition & Variance to encroach with a garage into the front yard setback. Residence Garage Swim Pool/Spa Service Yard Stable Total 12.1% 22.5% 30.4% 5,624 sq.ft. 740 sq.ft. 0 sq.ft. 96 sq.ft. 450 sa.ft. PROPOSED Pool/Spa & pool deck Residence Garage Swim Pool/Spa Service Yard Stable 6,910 sq.ft. Total 13.0% 850 cubic yards, (approved 1,772 cubic yards) 37.9% 450 sq.ft. stable 550 sq.ft. corral Proposed from Portuguese Bend Road with a slope of 8% which is less than 25% maximum. Relocate driveway accessway 45 feet south on Portuguese Bend Road. Traffic Commission reviewed. N/A N/A 26.8% 32.6% 5,624 sq.ft. 740 sq.ft. 508 sq.ft. 96 sq.ft. 450 sa.ft. 7,418 sq.ft. No new grading proposed No change proposed 450 sq.ft. stable 550 sq.ft. corral No change No change Planning Commission review Planning Commission review ZC 660 PC 3/18/03 3