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660, Construct a pool & spa, Correspondencee,•4 o/ieit Jd PP, August 14, 2003 Mr. and Mrs. Hwung-Hsiang Hwung 10 Portuguese Bend Road Rolling Hills, CA 90274 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 SUBJECT: ZONING CASE NO. 660, 10 Portuguese Bend Road (LOT 52-RH) RESOLUTION NO. 940 Dear Mr. and Mrs. Hwung: This letter shall serve to notify you that the City Council adopted a resolution on August 11, 2003 approving your request for Site Plan Review for the construction of a swimming pool and a spa, at 10 Portuguese Bend Road. Rolling Hills, CA, in Zoning Case No. 660. The City Council's action is final. As part of the approval, the City Council directed staff to obtain a revised Site Plan showing the exact locations of the flatwork. The calculations on the plan indicate 1,952 of flatwork. However, the Council felt that the outline of where it would be located, when the job is completed, is vague. In addition, the Council instructed staff to closely monitor the construction and to assure that at completion the flatwork does not exceed 1,952 square feet. Therefore, prior to obtaining a building permit for the swimming pool you must submit a revised site plan, showing the location of the pool and all of the flatwork, with the appropriate calculations. We have enclosed a copy of RESOLUTION NO. 940, specifying the conditions of approval set forth by the City Council. Once you have reviewed the Resolution, please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward the completed form and a copy of the Resolution to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $9.00 for the first page and $3.00 for each additional page. The City will notify the Los Angeles County Building & Safety Division to issue permits only when the Affidavit of Acceptance is received by us and revised plan showing the flatwork is submitted. ®Printed i.Dr1 Hecyrtrrd • • Please feel free to call me at (310) 377-1521 if you have any questions. Sjncerely, Yolanta Schwartz Planning Director cc: Criss Gunderson, Architect Mr. Stanley Lamport, Attorney 411 op2 ff..S July 29, 2003 Mr. and Mrs. Hwung-Hsiang Hwung 10 Portuguese Bend Road Rolling Hills, CA 90274 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 SUBJECT: ZONING CASE NO. 660. An appeal of a Planning Commission decision to deny a request for a Site Plan Review to construct a swimming pool/spa at an existing single family residence at 10 Portuguese Bend Road, Rolling Hills, CA. Dear Mr. & Mrs. Hwung: This letter shall serve to notify you that the City Council voted at their regular meeting on July 28, 2003 to direct staff to prepare a resolution to approve your request for a Site Plan Review to construct a swimming pool/spa in Zoning Case No. 660 and shall be confirmed in the draft resolution that is being prepared. The City Council will review and consider the draft resolution at an upcoming meeting and make its final decision on your application at that subsequent meeting. The findings and conditions of approval of the draft resolution will be forwarded to you before being signed by the Mayor and City Clerk. The decision of the City Council will become effective immediately, however, you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder before the Council's action takes effect. Further information pertaining to the recordation will be forwarded to you after the Council's meeting. The City Council's action taken by resolution approving the development application is tentatively scheduled for Monday, August 11, 2003. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sincerely, A Y¢lanta Schwartz, fi ning Director cc: Mr. Criss Gunderson, Architect Mr. Stanley Lamport, Attorney Pnntecl nn Recycled raper i • Amy & Anthony D'AmbY Pr 4 Eucalyptus Lane JUL 2 8 2003 Rolling Hills, CA 90274 Cm OF ROU NG HILLS July 28, 2003 Rolling Hills City Planning Commission REGARDING: Home Site # 1 b fRTfvtyHtSe 6P.Ir4 Dear Sir or Madam: On behalf of the D'Ambra Family, I would like to encourage the Planning Commission to approve the above referenced residence request for a pool. The pool will in no way obstruct the nature and beauty of the Rolling Hills Community and it will suite their home beautifully. As a near neighbor I want to express our position in favor of their request to add a pool. Thank you for your time. Sincerely, Amy D'Ambra Cu• • y ol ie0ffi Jhll FIELD TRIP NOTIFICATION July 16, 2003 Mr. and Mrs. Hwung-Hsiang Hwung 10 Portuguese Bend Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 660, Appeal of a Site Plan Review to construct a swimming pool/spa at an existing single family residence at 10 Portuguese Bend Road (Lot 52-RH), Rolling Hills, CA. Dear Mr. and Mrs. Hwung: The City Council will conduct a field inspection of your property to view the location of the proposed construction on Monday. July 28, 2003. The Council's timetable is to meet at 7:00 PM at your property and then continue the public hearing in the City Hall Council Chambers at 7:30 PM. Please prepare your property in the following manner: • Stake the limits of the proposed swimming pool/spa; • Stake the rear property line; and • Stake the rear yard setback line. The owner and/or representative should be present to answer any questions regarding the proposal. Please call me at (310) 377-1521 if you have any questions. Sin4erely, anta Schwartz anning Director Cc: Mr. Criss Gunderson, Architect Mr. Stanley Lamport, Attorney • 14 July 2003 To Whom It May Concern: t JUL 1 4 2003 t,,:' FiCtU GH-{;-LLS 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 • city Roffini _Afro May 21, 2003 Mr. and Mrs. Hwung-Hsiang Hwung 10 Portuguese Bend Road Rolling Hills, CA 90274 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 SUBJECT: ZONING CASE NO. 660, 10 Portuguese Bend Road (LOT 52-RH) RESOLUTION NO. 2003-10 Dear Mr. and Mrs. Hwung: This letter shall serve to notify you that the Planning Commission adopted a resolution on May 20, 2003 denying your request for Site Plan Review for the construction of a swimming pool and a spa, at 10 Portuguese Bend Road. Rolling Hills, CA, in Zoning Case No. 660. That action, accompanied by the record of the proceedings before the Commission will be reported to the City Council on Tuesday, May 27, 2003. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. If no appeals are filed, and if the City Council does not take jurisdiction of the case within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder before the Commission's action takes effect. Further information pertaining to the recordation will be forwarded to you after the Council's meeting. We have enclosed a copy of RESOLUTION NO. 2003-10, specifying the conditions of denial set forth by the Planning Commission. Please feel free to call me at (310) 377-1521 if you have any questions. Sincerely, Mrianta Schwartz ncipal Planner cc: Criss Gunderson, Architect ucl Ur. Rnr:yr'.100 f',rnP • 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. • 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 b P41 IE HA INS, CHAIRWOMAN ATTEST: K MARILYN L`.' KERN, DEPUTY CITY CLERK • Ci1 a/ ie0/L Free NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1 521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com April 18, 2003 Mr. and Mrs. Hwung-Hsiang Hwung 10 Portuguese Bend Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 660, Request for a Site Plan Review to construct a swimming pool/spa at an existing single family residence at 10 Portuguese Bend Road, Rolling Hills, CA. Dear Mr. & Mrs. Hwung: This letter shall serve to notify you that the Planning Commission voted at their regular meeting on April 15, 2003 to direct staff to prepare a resolution to denv your request for a for Site Plan Review to construct a swimming pool/spa at an existing single family residence at 10 Portuguese Bend Road, Rolling Hills, CA in Zoning Case No. 660 and shall be confirmed in the draft resolution that is being prepared. The Planning Commission will review and consider the draft resolution at an upcoming meeting and make its final decision on your application at that subsequent meeting. The findings and conditions of denial of the draft resolution will be forwarded to you before being signed by the Planning Commission Chairman and City Clerk. The decision shall become effective thirty days after the adoption of the Planning Commission's resolution unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (301 day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. The Planning Commission's action taken by resolution denying the development application is tentatively scheduled for Tuesday, Mav 20. 2003. That action, accompanied by the record of the proceedings before the Commission, is tentatively scheduled to be placed as a report item on the City Council's agenda at the Council's regular meeting on Monday Mav 26. 2003. unless you appeal the Planning Commission's decision. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Since ely, Y nta Schwartz, nning Director cc: Mr. Criss Gunderson, Architect. to f'rinlcaii iin He;c.\'(;k,ri �0�oG HI(!f —ii•ii\e, r9 r o 0 _ 0 r i w DATE: TO: FROM: • C1iy ofieoefin9 APRIL 15, 2003 ce 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 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 visited the subject property on April 1, 2003. The Commission expressed concerns with the proposed exceedance of the residential building pad coverage. The proposed swimming pool and spa, consist of 508 square feet and are located in the rear yard between the two wings of the residence. 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 previous approval included 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 property owners are not constructing the basement. ZC 660 PC 4/15/03 1 Printed on Recycled Paper. • 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 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. 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%. 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; 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 review the staff report and provide direction to staff. ZC 660 PC 4/15/03 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 Tess than 25% maximum. Relocate driveway accessway 45 feet south on Portuguese Bend Road. Traffic Commission reviewed. 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 PC 4/15/03 3 City °Moiling -Iva Marcfi 28, 2001 Mr. and Mrs. Hwung-Hsiang Hwung 10 Portuguese Bend Road Rolling Hills, CA 90274 f;l r NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FA)(: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM ZONING CASE NO. 660, 10 Portuguese Bend Road (LOT 52-RH) RESOLUTION NO. 2003-10 Dear Mr. and Mrs. Hwung: This letter shall serve to notify you that the City Council on May 27, 2003 upheld the Planning Commission's decision to deny your request in Zoning Case No. 660. The City Council did not take jurisdiction of the case. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed within that thirty (30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). The Planning Commission adopted the Resolution on May 20, 2003. Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final. Please feel free to call me at (310) 377-1521 if you have any questions. Sinerely, /1/47/ .. y/6Ianta Schwartz Planning Director ENCL: RESOLUTION NO. 2003-10 APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE EXHIBIT "A" DEVELOPMENT PLAN cc: Criss Gunderson, Architect, (w/out Exhibit "A") 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 anygrading, 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. E VIE HAI''KINS, CHAIRWOMAN ATTEST: /.ICJ 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. • K,v1A.J DEPUTY CITY LERK • 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-fiye 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. % EEVIE HAI\KINS, CHAIRWOMAN ATTEST: ee. 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. J. DEPUTY CITY LERK • 7.50.050--17.54.010 7.54, or unless the City Council sets the matter for Coun- hearing. All such hearings shall be noticed and co duc -d as provided for in Section 17.34. Upon receipt of the resolution of the Pla. ng Commissi.•• recommending approval of a zone chang or amend- ment, the ty Clerk shall set the matter for ►=a.ring be- fore the Cit ouncil as provided for in Se on 17.34. C. The Ci Council shall hear and e action upon the application o esolution pursuant .- the provisions of Chapter 17.34. The ,s''ssion may a,'ourn or continue the hearing, as provided f• in Sectio 17.34.080. D. The Council shal act plication or resolution for E. Within thirty day City Council shall adopt ord action. The Council'-.=ction s (Ord. 239 §11(part) 1993). approve or deny the ap- one change or amendment. owing its decision, the i - ce setting forth its hall -e considered final. 17.50.050 onsistencv with hazardous -ste management plan. All - e change and zoning ordinance - ndment deci- sions sha be consistent with the portions of •e County of Los :- geles Hazardous Waste Management Plan re =sting to siti and siting criteria for hazardous waste faci ies. (0 239 §11(part), 1993). Sections: 17.54.010 17.54.020 17.54.030 17.54.040 17.54.050 17.54.060 17.54.070 Chapter 17.54 APPEALS Time for filing appeals. Persons authorized to file an appeal. Form, content and deficiencies in an appeal application. Request for information. Scheduling of appeal hearing. Proceedings. Statute of limitations. 17.54.010 Time for filing appeals. A. All actions of the Planning Commission authorized by this title may be appealed to the City Council. All appeals shall be filed in writing with the City Clerk. B. All appeals must be filed on or before the thirtieth calendar day after adoption of the Planning Commission's resolution on the project or application. Application fees shall be paid as required by Section 17.30.030. 218-40 (Rolling Hills 5/94) do .7.54.020--17.54.050 C. Within thirty days after the Planning Commission adopts a resolution which approves or denies a development application, the City Clerk shall place the resolution as a report item on the City Council's agenda. The City Council may, by an affirmative vote of three members, take juris- diction over the application. In the event the City Coun- cil takes jurisdiction over the application, the Planning Commission's decision will be stayed until the City Council completes its proceedings in accordance with the provisions of this chapter. (Ord. 239 511(part), 1993). 17.54,020 Pergons authorized to file an appeal. Any person, including the City Manager, may appeal a decision of the Planning Commission to the City Council, in accor- dance with the terms of this Chapter.. (Ord. 239-§11(part), 1993) . 17.54.030 Form, content and deficiencies in an appeal application. A. All appeals shall be filed in writing with the City Clerk on a form or forms provided by the City Clerk. No appeal shall be considered filed until the re- quired appeal fee has been received by the City Clerk. B. The appeal application shall state, at a minimum, the name and address of the appellant, the project and ac- tion being appealed, and the reasons why the appellant believes that the Planning Commission erred or abused its discretion, or why the Planning Commission's decision is not supported by evidence in the record. C. If the appeal application is found to be defi- cient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the applicant. (Ord. 239 §11(part), 1993). 17.54.040 Request for information.Upon receipt of a written and complete appeal application and fee, the City' Clerk shall direct the Planning Commission Secretary to transmit to the City Council the complete record of the entire proceeding before the Planning Commission. (Ord. 239 §11(part), 1993). 17.54.050 Scheduling of appeal hearing. Upon receiv- ing an appeal, the City Clerk shall set the appeal for a hearing before the City Council to occur within twenty days of the filing of the appeal. In the event that more than one appeal is filed for the same project, the Clerk shall schedule all appeals to be heard at the same time. (Ord. 239 §11(part), 1993). 218-41 (Rolling Hills 5/94) . • •7.54.060--17.54.070 17.54.060 Proceedinas. A. Noticing. The hearing shall be noticed as required by Section 17.30.030. In addition, the following parties shall be noticed: 1. The applicant of the proposal being appealed; 2. The appellant; and 3. Any person who provided oral testimony or writ- ten comments to the Planning Commission during or as part of the public hearing on the project. B. Hearing. The City Council shall conduct a public hearing pursuant to the provisions of Chapter 17.34. The Council shall consider all information in the record, as well as additional information presented at the appeal hearing, before taking action on the appeal. C. Action. The Council may act to uphold, overturn or otherwise modify the Planning Commission's original action on the proposal, or the Council may remand the ap- plication back to the Planning Commission for further re- view and direction. The Council shall make findings to support its decision. D. Finality of Decision. The action of the City Council to approve, conditionally approve, or deny an ap- plication shall be final and conclusive. E. Record of Proceedings. The decision of the City Council shall be set forth in full in a resolution or ordi- nance. A copy of the decision shall be sent to the appli- cant or the appellant. (Ord. 239 §11(part), 1993). 17.54.070 Statute of limitations. Any action chal- lenging a final administrative order or decision by the City made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion regarding a final and nonappealable determination of facts is vested in the City of Rolling Hills, the City Council or in any of its Commissions, offi- cers or employees, must be filed within the time limits set forth in the California Code of Civil Procedure, Section 1094.6. (Ord. 239 §11(part), 1993). Chapter 17.58 REVOCATIONS Sections: 17.58.010 Authority. 17.58.020 Proceedings. 17.58.030 Effective date. 17.58.040 Right of appeal. 218-42 (Rolling Hills 5/94) Clil, 0/ A fPb.a Jh/h FIELD TRIP NOTIFICATION March 20, 2003 Mr. and Mrs. Hwung-Hsiang Hwung 10 Portuguese Bend Road Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 195i NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 877.7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 660, Request for Site Plan Review to construct a swimming pool/spa at an existing single family residence at 10 Portuguese Bend Road (Lot 52-RH), Rolling Hills, CA. Dear Mr. and Mrs. Hwung The Planning Commission will conduct a field inspection of your property to view the location of the proposed construction on Tuesday, April 1, 2003. The Planning Commission's timetable is to meet at 5:00 PM at another property on Open Brand Road and then proceed to 10 Portuguese Bend Road. Please expect the Commission shortly after 5PM. • Stake the limits of the proposed swimming pool/spa; • Stake the rear property line; and • Stake the rear yard setback line. After the field trips, the next regular meeting of the Planning Commission will take place on Tuesday, April 15, 2003 at 7:30 PM at City Hall. The owner and/or representative should be present to answer any questions regarding the proposal. Please call me at (310) 377-1521 if you have any questions. Sincerely, lanta Schwartz lanning Director Cc: Mr. Criss Gunderson, Architect ®Pririted cm Recycled Paper • 0/ l2 fenS STATUS OF APPLICATION & NOTIFICATION OF MEETING March 4, 2003 Mr. and Mrs. Hwung-Hsiang Hwung 10 Portuguese Bend Road Rolling Hills, CA 90274 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 SUBJECT: ZONING CASE NO. 660, Request for Site Plan Review to construct a swimming pool/spa at an existing single family residence at 10 Portuguese Bend Road (Lot 52-RH), Rolling Hills, CA. Dear Mr. and Mrs. Hwung Pursuant to state law the City's staff has completed a preliminary review of the application noted above and finds that the information submitted is: X Sufficiently complete as of the date indicated above to allow the application to be processed. Please note that the City may require further information in order to clarify, amplify, correct, or otherwise supplement the application. If the City requires such additional information, it is strongly suggested that you supply that information promptly to avoid any delay in the processing of the application. Your application for Zoning Case No. 660 has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday. March 18. 2003. The meeting will begin at 7:30 PM in the Council Chambers, Rolling Hills City Hall Administration Building, 2 Portuguese Bend Road, Rolling Hills. You or your designated representative must attend to present your project and to answer questions. The staff report for this project will be available at the City Hall after 3:00 PM on Friday, March 14, 2003. We will forward the report to you. Please call me at (310) 377-1521 if you have any questions. Sin rely, It 1 olanta Schwartz Planning Director ror cc: Mr. Criss Gunderson, Architect ®Pralleil