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2000 Municipal Code - Ordinance No 301 An Ordinance of the City of RH to Modify & Clarify Certain Provisions of the Zoning & Subdivisinof 1 ORDINANCE NO. 301 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION ORDINANCES AND AMENDING TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. In December 2004, the City Council, after a recommendation from the Planning Commission, adopted comprehensive amendments to the Zoning and Subdivision Ordinances. After working with the new provisions for the past year and a half, staff has discovered a few subjects that require clarification. Section 2. The Planning Commission held duly noticed public hearings on July 18, 2006 and August 15, 2006 to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Section 3. The City Council held duly noticed public hearings on September 11, 2006, and September 25, 2006 on the proposed amendments. The public hearings were noticed in the Palos Verdes Peninsula News on September 2, 2006. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 4. Pursuant to California Environmental Quality Act (CEQA) requirements, and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendments and concluded that the proposed project is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) of said Act. Section 5. After considering the information presented during the public hearings on this matter, the City Council finds that the proposed Zoning Ordinance and Subdivision Ordinance amendments comply with the requirements of the City of Rolling Hills General Plan and of the State Planning and Zoning Laws (Government section 65850 through Section 66403). Section 6. The City Council hereby adopts the proposed amendments, as specified in Exhibit A, attached to this Ordinance and made a part thereof. PASSED, APPROVED AND ADOPTED this 25'h day of September 2006. ATTEST: MARILYN RN DEPUTY CITY CLERK MAYOR PRO TEM Ord. No. 301 1 09 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Ordinance No. 301 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE MODIFYING AND CLARIFYING CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION CODES AND AMENDING TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on September 25 , 2006 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell and Mayor Pro Tem Black NOES: None. ABSENT: Mayor Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITYCLERK Ord. No. 301 2 r EXHIBIT A TITLE 16. SUBDIVISION CODE Amend Title 16, Subdivision as follows: 1. Amend Section 16.12.050H to read as follows: H. The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent; 2. Amend Section 16.16.170 Lot Layout to read as follows: 16.16.170 Lot Layout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent. TITLE 17. ZONING Amend Title 17, Zoning as follows: 3. Amend Section 17.12.250 of the Rolling Hills Zoning Ordinance to read as follows: 17.12.250 "Y" words, terms and phrases. Yard, Front. "Front yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the front roadway easement line and either the nearest line of the primary building or the nearest line' of any enclosed or covered porch attached thereto. This area shall be unoccupied or unobstructed by any structures, unless otherwise provided for in this title. 4. Amend Section 17.16.097C by adding the word "Attached" to read: C. Attached covered porches having an area of ten percent or less of the area of the footprint of the primary residence, and for accessory structures having an area of ten percent or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all attached covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. 5. Amend Section 17.16.097 Building pad coverage guideline by adding subparagraph E to read as follows: E. Structures meeting the requirements of Section 17.16.200J shall not be counted towards the building pad coverage guideline. AND Change the order of the remaining paragraph by re -lettering the existing Section 17.16.097E as Section 17.16.097F. 6. Amend Section 17.16.200 I 2. to read as follows: 2. Where a swimming pool, pool equipment or spa are submitted as part of a discretionary or nondiscretionary review, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot. Ord. No. 301 3 • 7. Amend Sec 17.16.2001 Conditions for accessory uses s _ rt 1 and 2 only to read as v follows. The balance of paragraph "J" shall remain unchanged. J. Freestanding storage shed, detached trellis, freestanding covered patio having a solid roof, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not require a discretionary review and shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless: 1. Any one of such structures exceed one hundred twenty square feet in area or exceed twelve feet in height, (fifteen feet for a roofed playhouse or fort), or when any combination of such structures exceed a total of eight hundred square feet, except that free standing trellises or covered patios may be larger than one hundred twenty square feet, provided that the combined total of such structures does not exceed eight hundred square feet. 2. There is more than an aggregate of five of such structures on a lot, or where the total of such structures exceed eight hundred square feet, including not more than two storage sheds. 8. Amend Chapter 17.38 VARIANCES by adding a new Section 17.38.065 to read as follows: 17.38.065 Subsequent modification. A. After a variance application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Variance shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new project. As such, a new application for a variance shall be required, and the application shall be reviewed as provided for in this chapter. 9. Amend Chapter 17.42 CONDITIONAL USE PERMITS by adding a new Section 17.42.065 to read as follows: 17.42.065 Subsequent modification. A. After a Conditional Use Permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional Conditional Use Permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Conditional Use Permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original Conditional Use Permit approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. Ord. No. 301 4 D. Major modificauons shall be considered a new project. As sucn, a new application for Conditional Use Permit shall be required, and the application shall be reviewed as provided for in this chapter. 10. Amend Section 17.46.040C of Chapter 17.46 SITE PLAN REVIEW, to read as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. However, if the future development requires a Variance or a Conditional Use Permit, which requires Planning Commission review, a Site Plan Review is not also required. Ord. No. 301 5 TO: FROM: SUBJECT: City of2 P?nS Jh/?/.. 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 Agenda Item No: 6-A Mtg. Date: 09-25-06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF ORDINANCE NO. 301: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION ORDINANCES AND AMEND TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) DATE: SEPTEMBER 25, 2006 BACKGROUND Ordinance No. 301 was introduced at the September 11, 2006 City Council meeting in a public hearing. The public hearing was continued to this evening for consideration of second reading and adoption of the Ordinance. RECOMMENDATION It is recommended that the City Council open the continued public hearing, consider any testimony, close the public hearing, waive further reading and adopt Ordinance No 301. CRN:mlk 09-25-06ord301-sta.doc ®Printed on Recycled PePer DATE: TO: ATTN: FROM: SUBJECT: Grp op2 PFn9 JJ.PF, INCORPORATED J.&NUARY 24, I957 SEPTEMBER 11, 2006 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377.1521 FAX: (310) 377.7288 E-mail: cityolrh@aol.com Agenda Item No.: 6A Mtg. Date: 9/11/06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR ORDINANCE NO. 301. CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION ORDINANCES AND AMENDING TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND 1. The Planning Commission adopted Resolution No. 2006-10, which is attached, on August 15, 2006 at their regular meeting recommending that the City Council consider an ordinance modifying and clarifying certain provisions of the Subdivision and Zoning Codes. The vote was unanimous. 2. In December 2004, the City Council, after a recommendation from the Planning Commission, adopted comprehensive amendments to the Zoning and Subdivision Ordinances. After working with the new provisions for the past year and a half, staff discovered a few subjects that require clarification. 3. The Planning Commission held public hearings on July 16, 2006 and August 15, 2006 regarding this matter. Notices and staff reports for the Planning Commission meetings and tonight's meeting were sent to engineers, contractors, architects and developers, who are currently working or who have worked in the City in the past and to Rolling Hills Community Association. A letter from Breiholz Qazi Engineering, Inc. in support of the amendments is attached. 4. Attached are the recommended amendments, with brief discussion and explanation of each proposed revision. They follow the order of the amendments in the proposed Ordinance. The proposed language is underlined. Most of the ®Pr a reed or, i!t,cvr.I.•rl 1'.:I n •r proposed amendments do not affect current requirements or practices, but are proposed to codify policies and clarify procedures. 5. Pursuant to California Environmental Quality Act (CEQA) reui , and the CEQA Guidelines of the City of Rollin Hills, staff nalyzedentsthe proposed Zoning Code amendments and concluded that the proposed project is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) of said Act. RECOMMENDATION It is recommended that the City Council open the public hearing, take public testimony and introduce Ordinance No. 301 for first reading. 7 PROPOSED AMENDMENTS TO THE SUBDIVISION AND ZONING ORDINANCE: 1. PROVISION: Sections 16.12.050 and 16.16.170 of the Subdivision Ordinance require that the Tentative Parcel Map show a 1000 square foot set aside area for a future stable and corral. Specifically these sections state as follows: irY „r Section 16.12.050 Contents -Matters required. The tentative map shall show and `contain the following matters as an aid to the Advisory Agency in its consideration of the design and improvements of the proposed subdivision: H. The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent; AND 16.16.170 Lot Layout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent. DISCUSSION: As stated above, pursuant to the Subdivision Ordinance, an applicant is required to demonstrate a location for a future stable and corral on all parcels. Should such a location be only available in the front yard or setbacks, which would normally require a Variance, there is no mechanism to apply for a Variance under the Subdivision Ordinance. The "Modifications" section in the Subdivision Ordinance allows modifications to Parcel Maps only to those provisions that would not violate the Zoning Ordinance. So, in order to be able to apply for a Variance for the location of a future stable and corral during the subdivision process, the Subdivision Ordinance must be consistent with the Zoning Ordinance. This proposed amendment would not impact current practice, but would codify it. PROPOSAL: It is recommended that the City Council consider amending Section 16.12.050H and Section 16.16.170 of the Subdivision Ordinance to read as follows: Section 16.12.050H The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that hvelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty- five percent; 16.16.170 Lot Layout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent. 2. PROVISION: Section 17.12.250 "Y" words, terms and phrases state as follows: "Yard, Front. "Front yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the front roadway easement line and either the nearest line of the primary building or the nearest line of any enclosed or covered porch attached thereto". DISCUSSION: Most provisions for structures in the body of the Zoning Ordinance specify where the structures may or may not be located on a lot. However, for ease of reading and interpretation, the Planning Commission recommends that the City Council consider amending the definition of yards to add that front yard shall be unoccupied by any structures. PROPOSAL: It is recommended that this provision read as follows: 17.12.250 "Y" words, terms and phrases. Yard, Front. "Front yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the front roadway easement line and either the nearest line of the primary building or the nearest line of any enclosed or covered porch attached thereto. This area shall be unoccupied or unobstructed by any structures from the ground up, unless otherwise provided for in this title. 3. PROVISION: Section17.16.097 Building pad coverage guideline subparagraph C states as follows: C. Covered porches having an area of ten percent or less of the area of the footprint of the primary residence, and for accessory structures having an area of ten percent or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. DISCUSSION: This provision was added to the ordinance during the last comprehensive Zoning Code amendment. The intent of this provision was to allow a percentage of attached covered porches not to be counted towards the 30% building pad coverage guideline. However, this paragraph does not specifically state that only ATTACHED covered porches having an area of ten percent or less of the size of the structures are not counted towards the building pad coverage guideline. PROPOSAL: It is recommended that the City Council consider amending Section 17.16.097C by adding the word Attached to read: C. Attached covered porches having an area of ten percent or less of the area of the footprint of the primary residence, and for accessory structures having an area of ten percent or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all attached covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. 4. PROVISION: Section17.16.097 Building pad coverage guideline states as follows: A. When reviewing a proposed development project for General Plan and Zoning Ordinance compliance, the Planning Commission utilizes a guideline A. When reviewing a proposed development project for General Plan and Zoning Ordinance compliance, the Planning Commission utilizes a guideline in determining whether the proportion of the building pad that is proposed for development is appropriate. The Planning Commission's guideline is expressed in terms of a maximum percentage of building pad coverage. A determination as to whether a proposed project satisfies the guideline is determined by first calculating the square footage of the proposed structure(s) and of all existing structures on the lot, dividing that number by the square footage of that portion of the building pad that is not in the setbacks, and then comparing that percentage figure to the Commission's guideline percentage. B. Structures having a solid roof that are attached to the primary residence or to accessory buildings, except for covered porches as described below, shall be counted towards the building pad coverage guideline. All roofed structures shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. C. Covered porches having an area of 10% or less of the area of the footprint of the primary residence, and for accessory structures having an area of 10% or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. D. Trellises attached to the primary residence or to accessory buildings shall not be counted towards the building pad coverage guideline. However, all trellises shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. E. Satisfaction of the Commission's guideline for allowable building pad coverage is only one of several factors for determining project compliance with the general plan and zoning ordinance and all other required findings for the particular approval sought must also be satisfied. DISCUSSION: In addition to the structures listed in this provision, certain detached structures, listed in Section 17.16.2001 Conditions for accessory uses (see item 6 below) are also not counted towards the building pad coverage guideline. For ease of reading, Section 17.16.097 should be clarified that certain detached structures (detached trellises, outdoor fireplaces, barbeques) are also given an allowance and do not count towards the building pad coverage guideline. PROPOSAL: It is recommended that the City Council consider adding subparagraph E. to Section 17.16.097 Building pad coverage guideline to read: . E. Structures meeting the requirements of Section 17.16.200J shall not be counted towards the building pad coverage guideline. AND Change the lettering of Section 17.16.097E to F. 5. PROVISION: Section 17.16.200 Conditions for accessory uses I -Swimming pools states as follows: I. Swimming pool, pool equipment, spa and similar water features shall comply with the following criteria: 1. No swimming pool, pool equipment, spa or water feature shall be located in the front yard or in any setback, except that a decorative fountain and a decorative pond, if constructed as part of landscaping features may be located in the front yard; 2. Where a swimming pool, pool equipment or spa are submitted as part of a site plan review application or other discretionary permit, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot; 3. Where the size of the swimming pool/spa is eight hundred square feet or greater, a site plan review approval shall be required. For the purpose of this section the size of the pool/spa shall include the area of the water surface only; 4. Where the construction of a swimming pool/spa of less than eight hundred square feet is submitted for an administrative approval, the applicant shall show a site for a corral and stable pursuant to Section 17.16.170 of this chapter, and provide calculations regarding the gross and net lot area, structural and total lot coverage and disturbed area of the lot; 5. The pool equipment shall be screened from view from other properties; 6. Other conditions may be imposed as necessary through the discretionary or administrative review process. DISCUSSION: Subparagraph 2 above states that a pool and similar structures are counted towards the development standards on the property, but does not clearly state that swimming pools that are "administratively approved" also count towards the structural total, building pad coverage and disturbed area. PROPOSAL: It is recommended that the City Council consider amending Section 17.16.200 I 2. to read: 7 0 2. Where a swimming pool, pool equipment or spa are submitted as part of a discretionary or nondiscretionary review, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot. 6. PROVISION: Section 17.16.200 J Conditions for accessory uses states in part as follows: J. Freestanding storage shed, detached trellis, freestanding covered patio having a solid roof, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless: 1. Where any such structure exceeds one hundred twenty square feet in area or exceeds ten feet in height, (fifteen feet for a roofed playhouse or fort), or when any combination of such structures exceed a total of six hundred square feet 2. Where there is more than an aggregate of five of such structures on a lot, a total of which exceeds six hundred square feet, including not more than two storage sheds. DISCUSSION: Since the adoption of this provision in December 2004, several proposals were brought before staff that included single detached trellises or solid roofed patio covers that were larger than 120 square feet. It is very unlikely that a property owner would limit construction of a trellis to 120 square feet. The average proposed trellises/patio covers that were submitted to staff for review were over 650 square feet, and many of the other accessory structures, such as trellises, and outdoor fireplaces were higher than 10 feet. Initially, the intent of this provision was to allow such structures to be administratively approved, subject to certain restrictions. In addition, the language in this section of the Zoning Ordinance does not clearly indicate that these structures are administratively approvable. PROPOSAL: It is recommended that the City Council consider amending this section allowing these accessory structures to be a maximum of 12 feet in height, and not limiting single trellises and detached patio covers to 120 square feet. Further, the Planning Commission recommends that the total maximum size of 600 square feet for the freestanding structures be increased to 800 square feet, before a SPR would be required, to allow for larger trellises and covered patios, provided there are no more than 5 such structures on the property. Therefore, it is recommended that Section 17.16.2001 Conditions for accessory uses reads as follows: J. Freestanding storage shed, detached trellis, freestanding covered patio having a solid roof, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not require a discretionary review and shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless: 1. Any one of such structures exceeds one hundred twenty square feet in area or exceeds twelve feet in height, (fifteen feet for a roofed playhouse or fort), or when any combination of such structures exceeds a total of eight hundred square feet, except that free standing trellises or free standing covered patios may be larger than one hundred twenty square feet, provided that the combined total of such structures does not exceed eight hundred square feet. 2. Where there is more than an aggregate of five of such structures on a lot, or where the total of such structures exceeds eight hundred square feet, including not more than two storage sheds. 7. PROVISION: Section 17.46.070 Subsequent modification states in part as follows: A. After a site plan review application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. Subsequent paragraphs under this Site Plan Review section describe minor and major modifications and procedures for applying for modification. DISCUSSION: Historically, the Planning Commission and/or City Council review requests for modifications to previously approved projects. Staff reviews minor modifications. The language for such modifications appears in the Site Plan Review Chapter of the Zoning Ordinance, but not in the Variance or Conditional Use Permit Chapters. The Planning Commission is therefore recommending that for clarification and consistency reasons, the City Council consider adding provisions for "Subsequent modification" in the Conditional Use Permit and Variance sections of the Zoning Ordinance, just as it appears in the SITE PLAN REVIEW, Section 17.46.070. PROPOSAL: Add Section 17.38.065 to Chapter 17.38 VARIANCES to read as follows: 17.38.065 Subsequent modification. A. After a variance application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Variance shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new project. As such, a new application for a variance shall be required, and the application shall be reviewed as provided for in this chapter. AND Add Section 17.42.065 to Chapter 17.42 CONDITIONAL USE PERMITS to read as follows: 17.42.065 Subsequent modification. A. After a Conditional Use Permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional Conditional Use Permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Conditional Use Permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with .two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the in proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original Conditional Use Permit approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new project. As such, a new application for Conditional Use Permit shall be required, and the application shall be reviewed as provided for in this chapter. 8. PROVISION: Section 17.46.040 Proceedings states as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. DISCUSSION: The Planning Commission, pursuant to the above provision may condition any approval to require a Site Plan Review for any future construction on the lot, regardless of whether Site Plan Review would ordinarily be applicable to such construction, (the commonly used "no further development" clause). When a future development is proposed that triggers other than a Site Plan Review, such as a Variance or a Conditional Use Permit, such application would automatically be reviewed by the Planning Commission. The Planning Commission recommends that the City Council consider amending Section 17.46.040C to clarify that if a "restrictive development" clause has been placed in the resolution of approval on a property, pursuant to the Site Plan Review process, that if the future construction is of a nature that it would require a Variance or Conditional Use Permit approval and the project would automatically come before the Planning Commission for review, that a Site Plan Review would not be required. This amendment will still insure that the intent of the restrictive clause would be intact, as the Planning Commission would automatically review a Variance or Conditional Use Permit requests. PROPOSAL: It is recommended that Section 17.46040C of Chapter 17.46 SITE PLAN REVIEW, read as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. However, if the future development requires a Variance or a Conditional Use Permit, which requires Planning Commission review, a Site Plan Review is not also required. 12 RESOLUTION NO. 2006-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION CODES AND AMEND TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. In December 2004, the City Council, after a recommendation from the Planning Commission, adopted comprehensive amendments to the Zoning and Subdivision Ordinances. After working with the new provisions for the past 18 months, staff has discovered a few regulations that warrant further modification and clarification. Section 2. Chapter 17.50 of the Zoning Ordinance contains provisions to allow for amendments to City's ordinances. A public hearing before the Planning Commission is necessary, before a recommendation can be forwarded to the City Council for an Ordinance amending the Zoning Code. The Planning Commission held duly noticed public hearings on July 18, 2006 and August 15, 2006 to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Notices and staff reports concerning these meetings were sent to engineers, contractors, architects and developers, who are currently working or who have worked in the City in the past, the Rolling Hills Community Association staff and the Architectural Committee members. Section 3. Pursuant to California Environmental Quality requirements, and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendments and concluded that the proposed project is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) of said Act. Section 4. After considering the information presented during the public hearings on this matter, the Planning Commission finds that the proposed Zoning Ordinance and Subdivision Ordinance amendments comply with the. requirements of the City of Rolling Hills General Plan and of the State Planning and Zoning Laws (Government section 65850 through Section 66403). Section 5. The Planning Commission hereby recommends that the City Council adopt the proposed Draft Ordinance amendment, as specified in Exhibit A, which is attached to this Resolution and made a part thereof. PASSED, APPROVED AND ADOPTED THIS 15th DAY OF AUGUST 2006. LOREN DEROY, CHAIRWOMAN ATTEST: MARILYN KERN, I5EPUTY CITY CLERK Rpcnl�irinn 7nni-In STATE OF CALIFORNIA) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS) ) §5 I certify that the foregoing Resolution No. 2006-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION CODES AND AMEND TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on August 15, 2006 by the following roll call vote: AYES: Commissioners Henke, Sommer, Witte and Chairwoman DeRoy. NOES: None. ABSENT: None. ABSTAIN: Commissioner Hankins. and in compliance with the laws of California was posted at the following: Administrative Offices. (1) . RV -7/v-) DEPUTY CITY CLERK Pncnlnlinn 7nfI.in EXHIBIT A TITLE 16. SUBDIVISION CODE Amend Title 16 Subdivision as follows: 1. Amend Section 16.12.050H to read as follows: H. The lot layout and the dimension of each lot with (i) a proposed hvelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than hventy-five percent; 2. Amend Section 16.16.170 Lot Layout to read as follows: 16.16.170 Lot Layout. Each lot layout shall include: (i) a proposed hvelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent. TITLE 17. ZONING Amend Title 17, Zoning as follows: 3. Amend Section 17.12.250 of the Rolling Hills Zoning Ordinance to read as follows: 17.12.250 "Y" words, terms and phrases. Yard, Front. "Front yard" means the space extending across the full width of the lot behveen the side lot lines, the depth of which is measured between the front roadway easement line and either the nearest line of the primary building or the nearest line of any enclosed or covered porch attached thereto. This area shall be unoccupied or unobstructed by any structures, unless otherwise provided for in this title. 4• Amend Section 17.16.097C by adding the word "Attached" to read: •7nnA-in C. Attached covered porches having an area of ten percent or less of the area of the footprint of the primary residence, and for accessory structures having an area of ten percent or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all attached covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. 5• Amend Section 17.16.097 Building pad covera e uideline by adding subparagraph E to read as follows: E. Structures meeting the requirements of Section 17.16.200J shall not be counted towards the building pad coverage guideline. AND Change the order of the remaining paragraph by re -lettering the existing Section 17.16.097E as Section 17.16.097F. 6. Amend Section 17.16.200 I 2. to read as follows: 2. Where a swimming pool, pool equipment or spa are submitted as part of a discretionary or nondiscretionary review, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot. 7. Amend Section 17.16.2001 Conditions for accessr.` uses subpart 1 and 2 P only to read as follows. The balance of paragraph " a g p shall remain unchanged. J. Freestanding storage shed, detached trellis, freestanding covered patio having a solid roof, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not require a discretionary review and shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless: 1. Any one of such structures exceed one hundred twenty square feet in area or exceed twelve feet in height, (fifteen feet for a roofed playhouse or fort), or when any combination of such structures exceed a total of eight hundred square feet, except that free standing trellises or covered patios may be larger than one hundred twenty square feet. 2. Where there is more than an aggregate of five of such structures on a lot, or where the total of such structures exceed eight hundred square feet, including not more than two storage sheds. 8. Amend Chapter 17.38 VARIANCES by adding a new Section 17.38.065 to read as follows: P cnItetinn )nni.in 17.38.065 Subsequent modification. A. After a variance application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Variance shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine Nvhether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new project. As such, a new application for a variance shall be required, and the application shall be reviewed as provided for in this chapter. 9. Amend Chapter 17.42 CONDITIONAL USE PERMITS by adding a new Section 17.42.065 to read as follows: 17.42.065 Subsequent modification. A. After a Conditional Use Permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional Conditional Use Permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Conditional Use Permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original Conditional Use Permit approval. An action of the City Manager to deny a request for minor PPcrI,itinn 7nn#in modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall he considered a new project. As such, a new application for Conditional Use Permit shall be required, and the application shall be reviewed as provided for in this chapter. 10. Amend Section 17.46.040C of Chapter 17.46 SITE PLAN REVIEW, to read as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. However, if the future development requires a Variance or a Conditional Use Permit, which requires Planning Commission review, a Site Plan Review is not also required. Pecnlertinn'7nnA.in BREIHOLZ QAZI E .JEERING, INC. Civil and Structural Engineering Seismic Hazard Reduction August 2, 2006 Ms. Yolanda Swartz Planning Director City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 AUG 0 7 2006 CITY OF ROLLING HILLS By RE: Propose Zoning Code Amendment Dear Yolanda, Thank you for including our office in your recent notification for proposed relaxing of some limitations on accessory structures. The proposed amendments appear well thought-out and are compatible with improvements to large residential sites. These amendments, if approved will have a positive effect on site improvements with fewer unpermitted projects or attempts to "bootleg" improvements. Also with or without the SPR trigger the application/approval procedures is streamlined. Sin David C. Breiholz, P.E. President 1852 Lomita Boulevard, Suite 210 • Lomita, CA 90717 Phone: 310-530-3050 • Fax: 310-530-0184 • Email: engineer@bge.com C2-4 ORDINANCE NO. 301 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION ORDINANCES AND AMENDING TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. In December 2004, the City Council, after a recommendation from the Planning Commission, adopted comprehensive amendments to the Zoning and Subdivision Ordinances. After working with the new provisions for the past year and a half, staff has discovered a few subjects that require clarification. Section 2. The Planning Commission held duly noticed public hearings on July 18, 2006 and August 15, 2006 to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Section 3. The City Council held duly noticed public hearings on September 11, 2006, and September 28, 2006 on the proposed amendments. The public hearings were noticed in the Palos Verdes Peninsula News on September 2, 2006. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 4. Pursuant to California Environmental Quality Act (CEQA) requirements, and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendments and concluded that the proposed project is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) of said Act. Section 5. After considering the information presented during the public hearings on this matter, the City Council finds that the proposed Zoning Ordinance and Subdivision Ordinance amendments comply with the requirements of the City of Rolling Hills General Plan and of the State Planning and Zoning Laws (Government section 65850 through Section 66403). Section 6. The City Council hereby adopts the proposed amendments, as specified in Exhibit A, attached to this Ordinance and made a part thereof. nrd Nn x(11 1 PASSED, APPROVED AND ADOPTED this day of 2006. ALLEN B. LAY, MAYOR ATTEST: STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 301 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE MODIFYING AND CLARIFYING CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION CODES AND AMENDING TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE -ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on , 2006 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 (lyd Nn 7 EXHIBIT A TITLE 16. SUBDIVISION CODE Amend Title 16, Subdivision as follows: 1. Amend Section 16.12.050H to read as follows: H. The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent; 2. Amend Section 16.16.170 Lot Layout to read as follows: 16.16.170 Lot Layout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent. TITLE 17. ZONING Amend Title 17, Zoning as follows: 3. Amend Section 17.12.250 of the Rolling Hills Zoning Ordinance to read as follows: 17.12.250 "Y" words, terms and phrases. Yard, Front. "Front yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the front roadway easement line and either the nearest line of the primary building or the nearest line of any enclosed or covered porch attached thereto. This area shall be unoccupied or unobstructed by any structures, unless otherwise provided for in this title. (lrrd Nn 1111 4. Amend Section 17.16.097C by adding the word "Attached" to read: C. Attached covered porches having an area of ten percent or less of the area of the footprint of the primary residence, and for accessory structures having an area of ten percent or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all attached covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. 5. Amend Section 17.16.097 Building pad coverage guideline by adding subparagraph E to read as follows: E. Structures meeting the requirements of Section 17.16.200J shall not be counted towards the building pad coverage guideline. AND Change the order of the remaining paragraph by re -lettering the existing Section 17.16.097E as Section 17.16.097F. 6. Amend Section 17.16.200 I 2. to read as follows: 2. Where a swimming pool, pool equipment or spa are submitted as part of a discretionary or nondiscretionary review, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot. 7. Amend Section 17.16.200T Conditions for accessory uses subpart 1 and 2 only to read as follows. The balance of paragraph "J" shall remain unchanged. J. Freestanding storage shed, detached trellis, freestanding covered patio having a solid roof, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not require a discretionary review and shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless: 1. Any one of such structures exceed one hundred twenty square feet in area or exceed twelve feet in height, (fifteen feet for a roofed playhouse or fort), or when any combination of such structures exceed a total of eight hundred square feet, except that free standing trellises or covered patios may be larger than one hundred twenty square feet, provided that the combined total of such structures does not exceed eight hundred square feet. 2. Where there is more than an aggregate of five of such structures on a lot, or where the total of such structures exceed eight hundred square feet, including not more than two storage 'sheds. nrd Nc �m 8. Amend Chapter 17.38 VARIANCES by adding a new Section 17.38.065 to read as follows: 17.38.065 Subsequent modification. A. After a variance application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Variance shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new project. As such, a new application for a variance shall be required, and the application shall be reviewed as provided for in this chapter. 9. Amend Chapter 17.42 CONDITIONAL USE PERMITS by adding a new Section 17.42.065 to read as follows: 17.42.065 Subsequent modification. A. After a Conditional Use Permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional Conditional Use Permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Conditional Use Permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. (lyd Nn 1n1 C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original Conditional Use Permit approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new project. As such, a new application for Conditional Use Permit shall be required, and the application shall be reviewed as provided for in this chapter. 10. Amend Section 17.46.040C of Chapter 17.46 SITE PLAN REVIEW, to read as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. However, if the future development requires a Variance or a Conditional Use Permit, which requires Planning Commission review, a Site Plan Review is not also required. flra No �fll RESOLUTION NO. 2006-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION CODES AND AMEND TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. In December 2004, the City Council, after a recommendation from the Planning Commission, adopted comprehensive amendments to the Zoning and Subdivision Ordinances. After working with the new provisions for the past 18 months, staff has discovered a few regulations that warrant further modification and clarification. Section 2. Chapter 17.50 of the Zoning Ordinance contains provisions to allow for amendments to City's ordinances. A public hearing before the Planning Commission is necessary, before a recommendation can be forwarded to the City Council for an Ordinance amending the Zoning Code. The Planning Commission held duly noticed public hearings on July 18, 2006 and August 15, 2006 to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Notices and staff reports concerning these meetings were sent to engineers, contractors, architects and developers, who are currently working or who have worked in the City in the past, the Rolling Hills Community Association staff and the Architectural Committee members. Section 3. Pursuant to California Environmental Quality Act (CEQA) requirements, and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendments and concluded that the proposed project is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) of said Act. Section 4. After considering the information presented during the public hearings on this matter, the Planning Commission finds that the proposed Zoning Ordinance and Subdivision Ordinance amendments comply with the requirements of the City of Rolling Hills General Plan and of the State Planning and Zoning Laws (Government section 65850 through Section 66403). Section 5. The Planning Commission hereby recommends that the City Council adopt the proposed Draft Ordinance amendment, as specified in Exhibit A, which is attached to this Resolution and'made a part thereof. RPcn111tinn lnnA.ln PASSED, APPROVED AND ADOPTED THIS 15th DAY OF AUGUST 2006. LOREN DEROY, CHAIRWOMAN ) ATTEST: MARILYN KERN, DEPUTY CITY CLERK Pec.,iist;n„ lnncs.in STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2006-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION CODES AND AMEND TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on August 15, 2006 by the following roll call vote: AYES: Commissioners Henke, Sommer, Witte and Chairwoman °man NOES: None. ABSENT: None. ABSTAIN: Commissioner Hankins. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY C ERK pnenliit�nn lnnb.in EXHIBIT A TITLE 16. SUBDIVISION CODE Amend Title 16, Subdivision as follows: 1. Amend Section 16.12.050H to read as follows: H. The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent; or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent; 2. Amend Section 16.16.170 Lot Layout to read as follows: 16.16.170 Lot Layout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent. TITLE 17. ZONING Amend Title 17, Zoning as follows: 3. Amend Section 17.12.250 of the Rolling Hills Zoning Ordinance to read as follows: 17.12.250 "Y" words, terms and phrases. Yard, Front. "Front yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the front roadway easement line and either the nearest line of the primary building or the nearest line of any enclosed or covered porch attached thereto. This area shall be unoccupied or unobstructed by any structures, unless otherwise provided for in this title. 4. Amend Section 17.16.097C by adding the word "Attached" to read: "nnK.in a C. Attached covered porches having an area of ten percent or less of the area of the footprint of the primary residence, and for accessory structures .having an area of ten percent or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all attached covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. 5. Amend Section 17.16.097 Building pad coverage guideline subparagraph E to read as follows: by adding E. Structures meeting the requirements of Section 17.16.200J shall not be counted towards the building pad coverage guideline. AND Change the order of the remaining paragraph by re -lettering the existing Section 17.16.097E as Section 17.16.097F. 6. Amend Section 17.16.200 I 2. to read as follows: 2. Where a swimming pool, pool equipment or spa are submitted as part of a discretionary or nondiscretionary review, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot. 7. Amend Section 17.16.200T Conditions for accessory uses subpart 1 and 2 only to read as follows. The balance of paragraph J shall remain unchanged. J. Freestanding storage shed, detached trellis, freestanding covered patio having a solid roof, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not require a discretionary review and shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless: 1. Any one of such structures exceed one hundred twenty square feet in area or exceed twelve feet in height, (fifteen feet for a roofed playhouse or fort), or when any combination of such structures exceed a total of eight hundred square feet, except that free standing trellises or covered patios may be larger than one hundred twenty square feet. 2. Where there is more than an aggregate of five of such structures on a lot, or where the total of such structures exceed eight hundred square feet, including not more than two storage sheds. 8. Amend Chapter 17.38 VARIANCES by adding a new Section 17.38.065 to read as follows: 17.38.065 Subsequent modification. A. After a variance application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. . B. Any property owner, or his designated representative, seeking to modify an approved Variance shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a xvritten description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new project. As such, anew application for a variance shall be required, and the application shall be reviewed as provided for in this chapter. 9. Amend Chapter 17.42 CONDITIONAL USE PERMITS by adding a new Section 17.42.065 to read as follows: 17.42.065 Subsequent modification. A. After a Conditional Use Permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional Conditional Use Permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Conditional Use Permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original Conditional Use Permit approval. An action of the City Manager to deny a request for minor . Qecriu,,cn„ )nnK.in modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a near application for Conditional Use Permit shall be required, and' the As such, ca new shall be reviewed as provided for in this chapter. application 10. Amend Section 17.46.040C of Chapter 17.46 SITE PLAN REVIEW, to read as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. However, if the future development requires a Variance or a Conditional Use Permit, which requires Planning Commission review, a Site Plan Review is not also required. PPenj,,rinn -)nn'_In