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2500 Planning - Ordinance No 279 To Define a Deck StructureCONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) City Manager Nealis presented the staff report providing background regarding Ordinance No. 279. Mayor Heinsheimer opened the public hearing and called for testimony. Hearing none, he dosed the public hearing and called for a motion. Councilmember Lay moved that the City Council waive further reading and adopt Ordinance No. 279. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. f • PUBLIC HEARINGS CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD 'DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. Minutes • City Council Meeting 09/13/99 -1- City Manager Nealis presented the staff report providing background regarding the proposed ordinance and the Planning Commission's review of this matter. Mayor Heinsheimer opened the public hearing and called for testimony. Hearing none, he dosed the public hearing and called for a motion. Councilmember Murdock moved that the City Council waive further reading and introduce Ordinance No. 279. Councilmember Hill seconded the motion which carried unanimously by those Councilmembers in attendance. Mayor Heinsheimer continued the public hearing to the next regular City Council meeting to be held on Monday, September 27, 1999 for consideration of second reading and adoption. Councilmember Lay commended the Planning Commission for their efforts in presenting a clear and concise document for City Council. review. City Manager Nealis reported that the City Attorney has suggested non -substantiative changes to the findings in the proposed ordinance and that amended findings will be presented at the September 27, 1999 meeting of the City Council. CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the e� �S day of , 1999 serve the within •a copy of which is annexed hereto and made a part hereof, on the person, or persons, named . below by placing a, true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: FAXED MAILED DELIVERED City Manager Committee Members Also posted at City Hall. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the $Z7' day of ,p�, Q,�. , 1999 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK ORDINANCE NO. 279 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE C.11 Y COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN A S FOLLOWS: Section 1. At the March 8, 1999 City Council meeting, following deliberations regarding a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills. A deck was previously determined by the Planning Commission to be a structure although not specifically called out under the existing definition. Section 2. The Planning Commission studied the various options beginning on May 18, 1999 and concluding on August 17, 1999. On August 17, 1999, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and requested that staff prepare a recommendation to the City Council of a proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a "structure." Section 3. On September 13, 1999 and September 27, 1999, the City Council held a public hearing regarding the proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a structure. Section 4. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the- City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. Section 5. The definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance is amended to read as follows: "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. 'Structure' shall also include fences, retaining walls, latticework, garden walls and decks." Section 6. The following paragraph is added to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." PASSED, APPROVED AND ADOPTED ON THE 27TH DAY OF S yes :ER, 199 F. HEINSHEIMER, MAYOR ATTEST: MA RILYN "KERN, DEPUTY CITY CLERK Ordinance No. 279 -1- STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Ordinance No. 279 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on September 27, 1999 by the following roll call vote: AYES: Councilmembers Hill, Lay and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Murdock and Mayor Pro Tem Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CILY CLERK Ordinance No. 279 -2- DATE: TO: ATTN: FROM: SUBJECT: City o /Rolling ill& 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: 9/13/99 SEPTEMBER 13, 1999 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PLANNING DIRECTOR CONSIDERATION OF A PROPOSED ORDINANCE TO DEFINE A DECK AS A STRUCTURE AND ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. ORDINANCE NO. 279: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND The City Council continued the public hearing regarding the subject ordinance on September 13, 1999. A sentence was added to the findings in Section 1 of the draft ordinance to explain that the Planning Commission considered a deck as a structure although not specifically called out under the existing definition, prior to consideration of the ordinance. RECOMMENDATION It is recommended that the City Council open the public hearing, take public testimony, close the public hearing and consider draft Ordinance No. 279 for second reading and adoption. DECKS PAGE 1 Printed on Recycled Paper. DRAFT ORDINANCE NO. 279 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. At the March 8, 1999 City Council meeting, following deliberations regarding.a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills. A deck was previously determined by the Planning Commission to be a structure although not specifically called out under the existing definition. Section 2. The Planning Commission studied the various options beginning. on May 18, 1999 and concluding on August 17, 1999. On August 17, 1999, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and requested that staff prepare a recommendation to the City Council of a proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a "structure." Section 3. On September 13, 1999 and September 27, 1999, the City Council held a public hearing regarding the proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a structure. Section 4. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. Section 5. The definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance is amended to read as follows: "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. ORDINANCE NO. 279 PAGE 1 DRAFT 'Structure' shall. also include fences, retaining walls, latticework, garden walls and decks." Section 6. The following paragraph is added to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." PASSED, APPROVED AND ADOPTED ON THE 27TH DAY OF SEPTEMBER, 1999. THOMAS F. HEINSHEIMER, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 279 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on September 27, 1999 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 ORDINANCE NO. 279 , PAGE 2 DATE: TO: ATTN: FROM: SUBJECT: INCORPORATED JANUARY 24, 1957 SEPTEMBER 13,1999 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: 9/13/99 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PLANNING DIRECTOR CONSIDERATION OF A PROPOSED ORDINANCE TO DEFINE A DECK AS A STRUCTURE AND ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. ORDINANCE NO. 279: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND At the March 8, 1999 City Council meeting, following deliberations regarding a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills as it relates to a deck. The Planning Commission studied the various options beginning on May 18, 1999. On August 17, 1999, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and unanimously adopted attached Resolution No. 99-12 recommending a proposed ordinance to define and dimension a deck as a structure and add the word "decks" to the definition of a "structure." The definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance is proposed to be amended to read as follows: DECKS PAGE 1 "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a Panted on Recycled Paper. fixed location. 'Structure' shall also include fences, retaining walls, latticework, garden walls and decks." The following paragraph is proposed to be added to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." RECOMMENDATION It is recommended that the City Council open the public hearing, review the proposed structure and deck definitions and consider first reading of Ordinance No. 279. DECKS PAGE 2 RESOLUTION NO. 99-12 A RESOLUTION OF THE PLANNING COMMISSION OP THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNII\IG COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. At the March 8, 1999 City Council meeting, following deliberations regarding a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills. Section 2, The Planning Commission studied the various options beginning on May 18, 1999 and concluding on August 17, 1999. A public hearing was held on August 17, 1999. The Commissioners proposed an ordinance to define a deck as a structure and add the word "decks" to the definition of a "structure" so as to avoid future controversies as to whether and how to regulate these structures. Section 3. The Planning Commission recommends that the definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance be amended to read as follows: "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. 'Structure' shall also include fences, retaining walls, latticework, garden walls and decks." Section 4. The Planning Commission recommends that the City Council add the following paragraph to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, 'that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." PASSED AND APPROVED ON THE 17TH DAY OF AUGUST, 1999. RESOLUTION NO. 99-12 PAGE 1 I certify that the fore tg Resolution No. 99-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on August 17, 1999 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. NOES: None. ABSENT: None . ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY C CLERK RESOLUTION NO. 99-12 • PAGE 2 n DRAFT ORDINANCE NO. 279 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. 4. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. At the March 8, 1999 City Council meeting, following deliberations regarding a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills. • Section 2. The Planning Commission studied the various options beginning on May 18, 1999 and concluding on August 17, 1999. On August 17, 1999, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and requested that staff prepare a recommendation to the City Council of a proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a "structure." Section 3. On September 13, 1999 and , 1999, the City Council held a public hearing regarding the proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a structure. Section 4. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. Section 5. The definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance is amended to read as follows: "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. 'Structure' shall also include fences, retaining walls, latticework, garden walls and decks." ORDINANCE NO. 279 PAGE 1 DRAFT i Section 6. The following paragraph is added to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." PASSED, APPROVED AND ADOPTED ON THE _TH DAY OF . 1999. ATTEST: MARILYN KERN, DEPUTY CITY CLERIC STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ THOMAS F. HEINSHEIMER, MAYOR I certify that the foregoing Ordinance No. 279 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on , 1999 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 ORDINANCE NO. 279 PAGE 2 DEPUTY CITY CLERK Ciiy o`/2 fl.�.S �fF, 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: 9/13/99 DATE:. SEPTEMBER 13,1999 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE TO DEFINE A DECK AS A STRUCTURE AND ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND '1'1'1'LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. ORDINANCE NO. 279: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING ITI'LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND At the March 8, 1999 City Council meeting, following deliberations regarding a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills as it relates to a deck. The Planning Commission studied the various options beginning on May 18, 1999. On August 17, 1999, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and unanimously adopted attached Resolution No. 99-12 recommending a proposed ordinance to define and dimension a deck as a structure and -add the word "decks" to the definition of a "structure." The definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance is proposed to be amended to read as follows: DECKS PAGE 1 "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a Printed on Recycled Paper fixed location. 'Structure' shall also include fences, retaining walls, latticework, garden walls and decks." The following paragraph is proposed to be added to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." RECOMMENDATION It is recommended that the City Council open the public hearing, review the proposed structure and deck definitions and consider first reading of Ordinance No. 279. DECKS PAGE2 RESOLUTION NO. 99-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND 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. At the March 8, 1999 City Council meeting, following deliberations regarding a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills. Section 2. The Planning Commission studied the various options beginning on May 18, 1999 and concluding on August 17, 1999. A public hearing was held on August 17, 1999. The Commissioners proposed an ordinance to define a deck as a structure and add the word "decks" to the definition of a "structure" so as to avoid future controversies as to whether and how to regulate these structures. Section 3. The Planning Commission recommends that the definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title.17 of the Zoning Ordinance be amended to read as follows: "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. 'Structure' shall also include fences, retaining walls, latticework, garden walls and decks." Section 4. The Planning Commission recommends that the City Council add the following paragraph to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." PASSED AND APPROVED ON THE 17TH DAY OF AUGUST, 1999. RESOLUTION NO. 99-12 PAGE 1 I certify that the foreg ; Resolution No. 99-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission August 17, 1999 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. None. None. None. and in compliance with the laws of California was posted at the following: Administrative Offices RESOLUTION NO. 99-12 PAGE 2 on DEPUTY CLERK DRAFT ORDINANCE NO. 279 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING 11'1LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. At the March 8, 1999 City Council meeting, following deliberations regarding a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills. Section 2. The Planning Commission studied the various options beginning on May 18, 1999 and concluding on August 17, 1999. On August 17, 1999, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and requested that staff prepare a recommendation to the City Council of a proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a "structure." Section 3. On September 13, 1999 and , 1999, the City Council held a public hearing regarding the proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a structure. Section 4. Pursuant to the authority and criteria- contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. Section 5. The definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance is amended to read as follows: "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. 'Structure' shall also include fences, retaining walls, latticework, garden walls and decks." ORDINANCE NO. 279 PAGE 1 DRAFT Section 6. The following paragraph is added to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." PASSED, APPROVED AND ADOPTED ON THE _TH DAY OF , 1999. THOMAS F. HEINSHEIMER, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Ordinance No. 279 entitled: AN ORDINANCE OF THE CITY OF. ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD' THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on , 1999 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 ORDINANCE NO. 279 PAGE 2 DEPUTY CITY CLERK CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA SS COUNTY OF LOS,ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. 2 nal day of , 1999 On the serve the within .a.s, d- -=t-A-) a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: FAXED MAILED DELIVERED Palos Verdes City Attorney City Manager Peninsula News City Council Also posted at City Hall. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the e2 hd day of , 1999 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK City INCORPORATED JANUARY 24, 1957 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com The City Council of the City of Rolling Hills will hold a Public Hearing at 7:30 PM on Monday, September 13, 1999 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following: CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The ordinance is proposed to define and dimension a deck as a structure. MUNICIPAL CODE APPLICATIONS: Section 16.04.200 - Notice and Section 17.50.020(B) - Amendments to the Zoning Code. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance to define and dimension decks as structures and concluded that it can be seen with certainty that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. Any person is welcome to review the proposed ordinance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. If you challenge the approval or denial of the proposed ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Publish in Palos Verdes Peninsula News September 4, 1999. Printed on Recycled Paper Goy o/ JUL INCORPORATED JANUARY 24, 1957 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com The City Council of the City of Rolling Hills will hold a Public Hearing at 7:30 PM on Monday, September 13, 1999 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following: CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The ordinance is proposed to define and dimension a deck as a structure. MUNICIPAL CODE APPLICATIONS: Section 16.04.200 - Notice and Section 17.50.020(B) - Amendments to the Zoning Code. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance to define and dimension decks as structures and concluded that it can be seen with certainty that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. Any person is welcome to review the proposed ordinance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. If you challenge the approval or denial of the proposed ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Publish in Palos Verdes Peninsula News September 4, 1999. Pririted on Recycled Paper. PROOF OF PUBLiuATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of the Palos Verdes Peninsula News a newspaper of general circulation, printed and published semi-weekly in the City of Rancho Palos :Verdes County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of rr . Case Number C `824957 ; that October, 15 , 19.63 the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: all in the year 19"t61 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Rancho Palos Verdes California, this 1 day of J Signature This space is for the County Clerk's Filing Stamp ECIEMN SEP ° °8 1999 CM OF ROLLING HILLS Proof of Publication of PVPN# 5 g tp P.V.P. News No. 5865 NOTICE OF PUBLIC HEARING BEFORE THE " CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA The City Council of the City of Rolling Hills will hold a Public Hearing at 7:30 PM on Monday, September 13, 1999 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following: • CONSIDERATION OF• A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD ."DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNIC- IPAL CODE. The ordinance is proposed to define and dimension a deck as a structure. MUNICIPAL CODE APPLICATIONS: Section 16.04.200 - Notice and .Section 17.50.020(B) - Amendments to the Zoning Code. • Pursuant to the authority and .criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, .the Planning staff analyzed the proposed ordinance to define and dimen- sion decks as structures and concluded that it can be seen with certainty that the ordinance will' not have the potential for causing a significant effect on the environ- ment. Based on this finding, staff has determined the pro- posed ordinance to be categorically exempt in accor- dance with Section 15061(b)(3) of the CEQA Guidelines. Any person is welcome to review the proposed ordi- nance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. If you challenge the approval or denial of the proposed ordinance in;court, you may be limited to raising only those issues-youa or.someone"else'raised at the;pubiic .hearing,described in this notice, or in written correspon- dence delivered to the City Council, at, or prior to, the Public Hearing. Published in the Palos Verdes Peninsula News on September 4, 1999. 09/02/99 THU 08:47 FAX 310 377 7288 CITY„OF ROLLING HILLS C_1 0 01 $$$ TX REPORT $$$ TRANSMISSION OK TX/RX NO 4727 CONNECTION TEL 1 310 377 4522 CONNECTION ID PVP NEWS ST. TIME 09/02 08:46 USAGE T 00'55 PGS. 2 RESULT OK DATE: TO: City ` a «a .sec INCORPORATED JANUARY 24, I957 FAX COVER SHEET J°v NHS NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377.7288 E-maik cityo?rh®aokcom TIME SENT: . '/ S Q a ili FROM: 01 Q Is - 1121.yor FAX: OPERATOR: �l SUBJECT: i� _•%•� o REMARKS: