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0940RESOLUTION 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). 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 Resolution No. 940 -1- 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 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. Resolution No. 940 -2- 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: fyat� 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: Councilmembers Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Black ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY ERK Resolution No. 940 -3-