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2500 Planning - Consideration of a Report on BasementsPLANNING COMMISSION ITEMS RESOLUTION NO. 2008-01. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH BASEMENT TO REPLACE AN EXISTING RESIDENCE; GRANTING A MINOR VARIANCE TO ENCROACH WITH BASEMENT LIGHT WELLS INTO SIDE YARD SETBACKS; GRANTING A VARIANCE TO LOCATE THE FUTURE STABLE AND CORRAL IN THE FRONT YARD; AND GRANTING A VARIANCE TO EXPORT SOIL IN ZONING CASE NO. 746, LOCATED AT 3 PACKSADDLE ROAD EAST, (LOT 25 -SF), (LIN). Planning Director Schwartz presented the staff report outlining the applicants' request and providing background regarding the property and the Planning Commission's action relative to Zoning Case No. 746. Councilmember Lay moved that the City Council receive and file Resolution No. 2008-01. Mayor Pro Tem Hill seconded the motion. In response to questions from the Council, Planning Director Schwartz explained how the drainage for the property would be handled. She also explained a previous location for a future stable and corral on the property that was approved in 2002 and the concerns raised about a future stable location during the current Planning Commission review expressed by neighboring property owners. She said that the neighbors expressed concern that the proposed stable location would block the view from their properties. She indicated that due to the concerns expressed that any future stable and corral location on the property must be reviewed by the Planning Commission. Concerns were expressed regarding a 10 ft. high hedge located along Packsaddle Road East that is noted on the plan. It was explained that the City Council discourages hedge type landscaping. Planning Director Schwartz explained the condition related to landscaping in the resolution adopted by the Planning Commission which states that the property shall be landscaped and screened from adjacent properties and that shrubs shall be planted in an offset manner as not to create a hedge but a see through screen. The Council also discussed the landscaping required at the rear of the property to mitigate concerns expressed by the neighboring property owner regarding privacy. Concerns were expressed that due to the hedge shown on the plan that the plan is in conflict with the Resolution. The City Attorney explained that if a specific condition is contained in the resolution that the resolution would be the controlling factor but the City should make sure that the plan corresponds. The Planning Director explained that when a landscape plan is presented that staff and the landscape consultant review the plan to assure that it meets the conditions in the resolution of approval. Mr. Criss Gunderson, applicants' representative, explained the existing landscaping in the front yard, which he said includes at 10 ft. deep offset pattern of a series of tall shrubs. He indicated that he could change the terminology on the plan. Discussion ensued regarding the landscape condition in the resolution which was described by the Planning Director. Staff was directed to review the landscape plan required to be submitted for this proposed development to assure that the landscaping in front along Packsaddle Road East is not a 10 -foot high hedge. Following discussion the motion carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell, and Mayor Pro Tem Hill. NOES: Mayor Black. ABSENT: None. ABSTAIN: None. k.onnnued CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL OF A PROPOSED ORDINANCE NO. 271 TO REQUIRE THAT A BASEMENT EXIT DOOR BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report. Mayor Lay opened the continued public hearing and called for testimony. Hearing none, he closed the public hearing and called for a motion. Councilmember Murdock moved that the City Council waive further reading and adopt Ordinance No. 271. Mayor Pro Tem Hill seconded the motion which carried unanimously. PUBLIC HEARINGS CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL OF A PROPOSED ORDINANCE NO. 271 TO REQUIRE THAT A BASEMENT EXIT DOOR BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report outlining the Planning Commission recommendation regarding the proposed Ordinance. Hearing no discussion or objection, Mayor Lay called for a motion. Councilmember Murdock moved that the City Council waive further reading and introduce Ordinance No. 271. Mayor Pro Tern Hill seconded the motion which carried unanimously. Mayor Lay continued the public hearing for consideration of second reading and adoption to the next regular City Council meeting to be held on Monday, September 8, 1997. PUBLIC HEARINGS CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL OF A PROPOSED ORDINANCE NO. 271 TO REQUIRE THAT A BASEMENT EXIT DOOR BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis stated that a technical matter in Ordinance No. 271 needs to be addressed with the Planning Commission and respectfully requested that the City Council continue this hearing. Hearing no objection, Mayor Pro Tern Hill continued consideration of Ordinance No. 271 to the City Council meeting on Monday, August 25, 1997. 50TH ANNIVERSARY 1957 - 2007 • • Cdr olRolLy fidQ� INCORPORATED JANUARY 24, 1957 NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION OF THE CCl'1'Y OF ROLLING HILLS, CALIFORNIA NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Rolling Hills will hold a Public Hearing at 6:30 PM on Tuesday, January 15, 2008 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following zoning and building codes amendments: CONSIDERATION OF A PROPOSED MUNICIPAL CODE AMENDMENT REGARDING REQUIREMENTS FOR BASEMENTS, EXPORT OF SOIL AND OTHER MINOR CODE MODIFICATIONS AND AMENDING TITLE 15, (BUILDING AND CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the proposed consideration by the Planning Commission is to recommend to the City Council to adopt an ordinance amending provisions for basements, allow export of soil from excavation of basements and other minor clarifications and modifications to the Municipal Code. MUNICIPAL CODE APPLICATIONS: 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, staff analyzed the proposed Building and Zoning Code amendments and concluded that this project is exempt from CEQA requirements and guidelines. Any person is welcome to review the proposed amendments prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend g 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. Published in Palos Verdes Peninsula News on January 5, 2008. Printed on Recycled Paper • Palos Verdes Peninsula News 500 Silver Spur Rd Ste 300 Rancho Palos Verdes CA 90275 Proof of Publication (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 I am not a party to or interested in the notice published. I am the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published Twice weekly in the City of Rolling Hills Estates 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 February 15, 1977 Case Number C824957, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: Janurary 5 All in the year 2008 I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at Rancho Palos Verdes, California, this 5th day of January 2008 Signature JAN 0 8 2007 By CITY OF ROLLING HILLS PVPN # 8780 P.V.P. News No. 878q, NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS,:CALIFORNIA NOTICE IS : HEREBY GIVEN, that the - Planning Commission of the City of Rolling Hills will hold a Public Hearing at 6:30 PM on Tuesday, January 15, 2008 in the Council Chambers of City`: Hall, 2 Portuguese Bend Road,_ ' Rolling Hills, CA for the" purpose of receiving pub- lic input regarding the `-following zoning and building codes amendments: CONSIDERATION OF A PROPOSED MUNICIPAL CODE AMENDMENT REGARDING REQUIREMENTS:• FOR BASEMENTS, EXPORT OF SOIL AND OTHER MINOR CODE MODIFICATIONS AND AMENDING., TITLE 15, (BUILDING AND CONSTRUCTION) AND TITLECODE. 17 (ZONING) OF THE ROLLING HILLS MUNICI The purpose .of the proposed consideration 'by the' ' Planning Commission is to recommend to the City Council to adopt an ordinance amending provisions for basements, allow export ofsoil from excavation of base ments and other minor clarifications and modifications to the Municipal Code. MUNICIPAL CODE APPLICATIONS: 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, staff analyzedthe,:; proposed Building and: zoning ;Code' amendments and >•. concluded that this project is exempt from CEQA require- ments and guidelines. - Any person is welcome to review the proposed amend- ments 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 raisedat the public 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 January 5, 2008 sCar ® RA%%b ihet INCORPORATED JANUARY 24, 1957 50TH ANNIVERSARY 1957 - 2007 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: BASEMENTS DATE: SEPTEMBER 12, 2007 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Attached you will find a letter and proposed guidelines from the Rolling Hills Community Association (RHCA) in regard to basements. The new guidelines are intended to address the application of State building code requirements for natural lighting while eliminating the appearance of a two- story structure. Preparation of the proposed guidelines started over six -months ago when the Planning Commission heard a presentation from the County Building and Safety Department about the natural light requirements. Following this meeting, staff held a meeting with local architects to discuss the topic and subsequently forwarded its' recommendations to the Planning Commission for consideration. The RHCA and Architectural Committee followed this with their own meetings on the matter and ultimately prepared draft guidelines. The Architectural Committee and RHCA then asked the City's Planning Commission to comment on the draft guidelines. The Planning Commission provided input. Following RHCA approval of new guidelines, City staff will schedule public hearings for the Planning Commission and City Council. The public hearings will be to consider modifications to the City's zoning code so it is consistent with the RHCA guidelines. AD/ 09-12-07basements-mem.doc Printed on Recycled Paper • i I I V. • GROft/rz9 LL'L Community lloeiation of e/ arzefio Paton. ` VE4Ei No. 1 PORTUGUESE BEND RD. • ROLLING HILLS, CALIF. 90274 (310) 544-6222 ROLLING HILLS September 11, 2007 Mr. Anton Dahlerbruch Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 CALIFORNIA (310) 544-6766 FAX Re: Amending RHCA Building Regulations to Include Requirements for Basements Dear Tony: Thank you for your letter of July 30th detailing the City Planning Commission's review of the RHCA's proposed basement guidelines. The Architectural Committee and Association Board of Directors have considered the Commission's discussion points at recent meetings and the Board has scheduled a public hearing of the guidelines for September 20, 2007 at 7:45 P.M. Notice of the public hearing will be posted at the gates and noticed in the City newsletter. The Association office will also be sending agendas to the architects who regularly work in Rolling Hills. We will keep the City informed of the progress of incorporating the basement guidelines into the RHCA Building Regulations. Please let me know if there is anyone else who should be informed of the public hearing. Sincerely, Kristen Raig cc: Yolanta Schwarz, City Planning Director Julie Roberts, Association Architectural Inspector RHCity/AD-BasementPubHearing 09-11-07 • coLLU2G] dn. 2OIl2munit J �� OCialiOYL Of Janc%O SPalo_ (VE des NO. 1 PORTUGUESE BEND RD. • ROLLING HILLS, CALIF. 90274 (310) 544-6222 ROLLING HILLS CALIFORNIA (310) 544-6766 FAX DRAFT Proposed Basement Guidelines 1. It is the express purpose of this section of the Building Regulations to avoid the appearance of a two story structure. 2. Doors and windows in basements shall not exceed the minimum required to satisfy California Building Code requirements for natural lighting for habitable spaces and shall be concealed below grade from public view by placement in light wells. 3. Maximum width of light wells shall be eight feet. 4. Maximum length of light wells shall be the minimum required to accommodate required doors and / or windows. 5. Several smaller light wells are preferred to one large light well. 6. Because building corners are important in maintaining a one-story appearance; light wells shall not extend to `outside' corners of buildings. For longer building walls an offset of about five feet is required. 7. In order to minimize the length of light wells, minimum height of glazing at basements is generally required to be door height. 8. Where topography dictates, `same level' egress from basement light wells may be approved on a limited basis. Egress should be through a complying light well and such light wells may not extend along the entire side of a building. 9. Open guardrails around light wells are prohibited. Guardrails shall be solid wall extensions of the light well retaining walls and shall meet all code requirements. Materials shall be compatible with the residence. 10. Preliminary design applications to the Architectural Committee shall include cross sections through light wells indicating the level of all adjacent grades, top of windows, doors and top of wall. 11. Applicants shall provide on site staking of light wells for City and RHCA reviews in conjunction with City required staking and silhouetting and to call for RHCA inspections. Perimeter of light wells shall be indicated in a color which is different from that used to indicate residence walls. 12. The design requirements of light wells and approvals may be affected by their location on properties and visibility from neighboring properties and public spaces. 13. RHCA approvals shall be on a case by case basis and one or more of the above may be modified by the Architectural. Committee with the intent of promoting reasonably good of it's kind design under the circumstances in question. DRAFT Proposed Basement Guidelines 6-7-07 BOD 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 672 3 I-9/ day of , 1997 serve the within (�, ��r,, �.-d /Pe , 27/ — 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 3 day of ,1997 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK • ORDINANCE NO. 20 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND 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. On June 17, 1997, the Planning Commission requested that staff prepare an ordinance that would require that new basement exit doors be solid so as to avoid the appearance of a second story. This action followed a discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied the various basement options such as the size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Section 2. On June 17, 1997, the Planning Commission held a public hearing regarding the proposed ordinance requiring new basement exit doors to be solid and adopted Resolution No. 97-20. Section 3. On July 28, 1997 and August 25, 1997, the City Council held a public hearing regarding the proposed ordinance to require new basement exit doors be solid. 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. Section 15.04.080 (Section 220 amended) of Chapter 15.04 (Building Code) of Title 15 (Building & Construction) is amended to read as follows: "15.04.080 Section 220 amended. Section 220 regarding the definition of a story of the Building Code is amended to read: STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. There shall be no habitable space, including garages and storage rooms, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 1/2 foot exterior height across the entire structure. Basements may have one standard door opening with a solid door not to exceed 3' x 6'8" for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') feet in width and which shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. A solid door is a door that does not have windows or openings. Any new basement exit doors installed after October 22, 1997 shall be solid. Any non -solid door lawfully existing as of October 22, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of Title 17 (Zoning)." Section 6. The definition of "Basement" contained in Section 17.12.020 ("B' words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "'Basement' - means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement shall have an average, exterior height no greater than two and one - Ordinance No. 271 -1- half feet aS the entire structure. Basements may h�ne standard door opening with a solid door not to exceed three feet by six feet, eigl!!�inches for ingress/egress to the exterior. A solid door is a door that does nothave windows or openings. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after October 22, 1997 shall be solid. Any non -solid door lawfully existing as of October 22, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 4. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Sections 5 and 6 above. PASSED AND APPROVED ON THE 22nd DAY OF September, 1997. ATTEST: I< xx,,) MARILYN L. KERN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 271 entitled: A RESOLUTION OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission September 22, 1997 by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN E. KERN DEPUTY CITY CLERK Ordinance No. 271 -2- e1y 0/ leolliny • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 MEMORANDUM TO: PEGGY MINOR, RHCA MANAGER FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ORDINANCE 271: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING 1'1'1'LE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. DATE: SEPTEMBER 23, 1997 At the regular City Council meeting held Monday, September 22, 1997, the City Council adopted the attached Ordinance. This Ordinance will become effective on October 22, 1997. If you have any questions, please do not hesitate to let me know. CRN:mlk ord271.mem Printed on Recycled Paper. • AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. ORDINANCE NO. 1 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On June 17, 1997, the Planning Commission requested that staff prepare an ordinance that would require that new basement exit doors be solid so as to avoid the appearance of a second story. This action followed a discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied the various basement options such as the size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Section 2. On June 17, 1997, the Planning Commission held a public hearing regarding the proposed ordinance requiring new basement exit doors to be solid and adopted Resolution No. 97-20. Section 3. On July 28, 1997 and August 25, 1997, the City Council held a public hearing regarding the proposed ordinance to require new basement exit doors be solid. 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. Section 15.04.080 (Section 220 amended) of Chapter 15.04 (Building Code) of Title 15 (Building & Construction) is amended to read as follows: "15.04.080 Section 220 amended. Section 220 regarding the definition of a story of the Building Code is amended to read: STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. There shall be no habitable space, including garages and storage rooms, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 1/2 foot exterior height across the entire structure. Basements may have one standard door opening with a solid door not to exceed 3' x 6'8" for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') feet in width and which shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. A solid door is a door that does not have windows or openings. Any new basement exit doors installed after October 22, 1997 shall be solid. Any non -solid door lawfully existing as of October 22, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of Title 17 (Zoning)." Section 6. The definition of "Basement" contained in Section 17.12.020 ("B" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "'Basement' - means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement shall have an average exterior height no greater than two and one - Ordinance No. 271 -1- half feet asap the entire structure. Basements may. have one standard door opening with a solid do of to exceed three feet by six feet, eiglOches for ingress/egress to the exterior. A solid door is a door that does not have windows or openings. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after October 22, 1997 shall be solid. Any non -solid door lawfully existing as of October 22, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 4. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Sections 5 and 6 above. PASSED AND APPROVED ON THE 22nd DAY OF September, 1997. ATTEST: ►�� a'ti..Q . �< ens MARILYN L. KERN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 271 entitled: A RESOLUTION OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission September 22, 1997 by the following roll call vote: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. None. Councilmember Heinsheimer. AYES: NOES: ABSENT: ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN . KERN DEPUTY CITY CLERK Ordinance No. 271 -2- City ol Rolling 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.: 6A Mtg. Date: 9/22/97 HEARING DATE: SEPTEMBER 22, 1997 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING A PROPOSED ORDINANCE NO. 271: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING I'I'ILE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND At the August 25, 1997 meeting, the City Council introduced the attached draft ordinance requiring that basement doors be solid. The purpose of the ordinance is to avoid structures having the appearance of being a two- story building. This action followed a discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied various basement options such as the size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Planning Commission Resolution No. 97-20, dated July 15, 1997, recommended to the City Council that basement doors be solid. RECOMMENDATION It is recommended that the City Council, open the continued public hearing, review the ordinance, take public testimony, and adopt Ordinance No. 271. Printed on Recycled Paper. DRAFT ORDINANCE NO. 271 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND 1'1'1'LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE Cl1'Y COUNCIL OF THE Cl'1'Y OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On June 17, 1997, the Planning Commission requested that staff prepare an ordinance that would require that new basement exit doors be solid so as to avoid the appearance of a second story. This action followed a discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied the various basement options such as the size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Section 2. On June 17, 1997, the Planning Commission held a public hearing regarding the proposed ordinance requiring new basement exit doors to be solid and adopted Resolution No. 97-20. Section 3. On July 28, 1997 and August 25, 1997, the City Council held 'a public hearing regarding the proposed ordinance to require new basement exit doors be solid. 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. Section 15.04.080 (Section 220 amended) of Chapter 15.04 (Building Code) of Title 15 (Building & Construction) is amended to read as follows: "15.04.080 Section 220 amended. Section 220 regarding the definition of a story of the Building Code is amended to read: ORDINANCE NO. 271 PAGE 1 • • DRAFT STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. There shall be no habitable space, including garages and storage rooms, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 1/2 foot exterior height across the entire structure. Basements may have one standard door opening with a solid door not to exceed 3' x 6'8" for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') feet in width and which shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. A solid door is a door that does not have windows or openings. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of Title 17 (Zoning)." Section 6. The definition of "Basement" contained in Section 17.12.020 ("B" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "'Basement' - means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement shall have an average exterior height no greater than two and one-half feet across the entire structure. Basements may have one standard door opening with a solid door not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. A solid door is a door that does not have windows or openings. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 4. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Sections 5 and 6 above. PASSED AND APPROVED ON THE _TH DAY OF , 1997. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY Cf1'Y CLERK ORDINANCE NO. 271 PAGE 2 DRAFT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 271 entitled: A RESOLUTION OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND 1'1'1'LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission 1997 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. 271 PAGE 3 • city • o/ A ttinS INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 MEMORANDUM TO: PEGGY MINOR, RHCA MANAGER FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CITY COUNCIL INTRODUCTION OF ORDINANCE NO. 271: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING N E W BASEMENT EXIT DOORS TO BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. DATE: AUGUST 27, 1997 Members of the City Council introduced the attached Ordinance at their City Council meeting held on Monday, August 25th. This Ordinance limits a basement door in terms of its dimensions and requires that it shall be of solid construction without any windows or other openings. This Ordinance will be considered for adoption on Monday, September 8th. If you have any questions, please let me know. CRN:mlk 08/26/97ord271.mem Printed on Recycled Paper. DATE: TO: ATTN: FROM: SUBJECT: Cuy afi2 PP•,.S 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.B. Mtg. Date: 8/25/97 AUGUST 25, 1997 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PRINCIPAL PLANNER CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING A PROPOSED ORDINANCE NO. 271: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING 11'1'LE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Planning Commission Resolution No. 97-20, dated July 15, 1997, is attached recommending to the City Council that basement doors be solid. Staff readdressed the inclusion of a definition of a "solid door" with the Planning Commission on August 19, 1997. The Commission did not have any objection to staff's recommendation to propose to the City Council that the following sentence be added, "A solid door is a door that does not have windows or openings." following the fourth sentence of the description of "Story" in Section 2 of the resolution and following the third sentence of the description of "Basement" in Section 3 of the resolution. Staff feels that this adjustment is necessary to avoid any misinterpretation of what constitutes a "solid" door. The purpose of the ordinance is to avoid structures having the appearance of being a two-story building. This action followed a discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied various basement options such as the BASEMENT SOLID DOOR PAGE 1 O ®Pr rFd or Rec.r'ed P:�t�r•r • • size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Other additions to Section 15.04.080 of the Building Code definition of "Story" and Section 17.12.020 of the Zoning Code definition of "Basement" were the addition of the phrase, "with a solid door" and that any new basement exit doors installed after the ordinance becomes effective shall be solid and that any non -solid door lawfully existing before that time be permitted to remain. 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 pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills. Based on this finding, staff determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines that states that an activity is not subject to CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The City Council should review the proposed exemption and find whether it represents the independent judgment of the City and is in compliance with CEQA. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance and CEQA exemption, open the public hearing, take public testimony, and introduce Ordinance No. 271. BASEMENT SOLID DOOR PAGE 2 • • RESOLUTION NO. 97-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO REQUIRE NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND 1'1rLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING RILLS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. At a joint study session of the City Council and Planning Commission on February 3, 1997, various options for the regulation of basements were discussed. The Planning Commission studied the various options beginning on March 18, 1997 and concluding on May 20, 1997. At a public hearing on June 17, 1997, the Commissioners requested that staff prepare a recommendation to the City Council of a proposed ordinance to require that new basement exit door be solid so as to avoid the appearance of a second story. Section 2. The Planning Commission recommends that the City Council amend Title 15 (Buildings & Construction) of the Rolling Hills Municipal Code to revise Section 15.04.080 (Section 220 amended) of Chapter 15.04 (Building Code) to read as follows: "15.04.080 Section 220 amended. Section 220 regarding the definition of a story of the Building Code is amended to read: STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. There shall be no habitable space, including garages and storage rooms, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 1/2 foot exterior height across the entire structure. Basements may have one standard door opening with a solid door not to exceed 3' x 6'8" for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') feet in width and which shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title 17 (Zoning)." RESOLUTION NO. 97-20 PAGE 1 • • Section 3. The Planning Commission recommends that the definition of Basement of Section 17.12.020 ("B" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance be amended to read as follows: "'Basement' - means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement, shall have an average exterior height no greater than two and one-half feet across the entire structure. Basements may have one standard door opening with a solid door not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of _�_, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 4. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Section 3 above. PASSED AND APPROVED ON THE 15TH DAY OF JUL ATTEST: S • l< MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 97-20 PAGE 2 ALLAN ROBERTS, CHAIRMAN • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 97-20 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO REQUIRE NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND '1'ItLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on 15, 1997 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer and Chairman Roberts. NOES: None. ABSENT: Commissioner Witte. ABSTAIN: None . and in compliance with the laws of California was posted at the followin Administrative Offices RESOLUTION NO. 97-20 PAGE3 July DEPUTY CITY CLERK DRAFT ORDINANCE NO. 271 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND 'I H LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On June 17, 1997, the Planning Commission requested that staff prepare an ordinance that would require that new basement exit doors be solid so as to avoid the appearance of a second story. This action followed a 'discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied the various basement options such as the size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Section 2. On June 17, 1997, the Planning Commission held a public hearing regarding the proposed ordinance requiring new basement exit doors to be solid and adopted Resolution No. 97-20. Section 3. On July 28, 1997 and August 25, 1997, the City Council held a public hearing regarding the proposed ordinance to require new basement exit doors be solid. 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. Section 15.04.080 (Section 220 amended) of Chapter 15.04 (Building Code) of Title 15 (Building & Construction) is amended to read as follows: "15.04.080 Section 220 amended. Section 220 regarding the definition of a story of the Building Code is amended to read: ORDINANCE NO. 271 PAGE 1 • • DRAFT STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. There shall be no habitable space, including garages and storage rooms, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 1/2 foot exterior height across the entire structure. Basements may have one standard door opening with a solid door not to exceed 3' x 6'8" for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') feet in width and which shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. A solid door is a door that does not have windows or openings. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of Title 17 (Zoning)." Section 6. The definition of "Basement" contained in Section 17.12.020 ("B" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 (Zoning) of .the Rolling Hills Municipal Code is amended to read as follows: "'Basement' - means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement shall have an average exterior height no greater than two and one-half feet across the entire structure. Basements may have one standard door opening with a solid door not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. A solid door is a door that does not have windows or openings. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 4. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Sections 5 and 6 above. PASSED AND APPROVED ON THE _TH DAY OF , 1997. B. ALLEN LAY, MAYOR ATTEST: ORDINANCE NO. 271 PAGE 2 DRAFT MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 271 entitled: A RESOLUTION OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING 1'1'1LE 15 (BUILDINGS &. CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission , 1997 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. 271 PAGE 3 DATE: TO: ATTN: FROM: SUBJECT: City ofieolling _Afro 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.B. Mtg. Date: 8/25/97 AUGUST 25, 1997 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PRINCIPAL PLANNER CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING A PROPOSED ORDINANCE NO. 271: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Planning Commission Resolution No. 97-20, dated July 15, 1997, is attached recommending to the City Council that basement doors be solid. Staff readdressed the inclusion of a definition of a "solid door" with the Planning Commission on August 19, 1997. The Commission did not have any objection to staff's recommendation to propose to the City Council that the following sentence be added, "A solid door is a door that does not have windows or openings." following the fourth sentence of the description of "Story" in Section 2 of the resolution and following the third sentence of the description of "Basement" in Section 3 of the resolution. Staff feels that this adjustment is necessary to avoid any misinterpretation of what constitutes a "solid" door. The purpose of the ordinance is to avoid structures having the appearance of being a two-story building. This action followed a discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied various basement options such as the BASEMENT SOLID DOOR PAGE 1 O ®Printed on Recycled Paper, • ! size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Other additions to Section 15.04.080 of the Building Code definition of "Story" and Section 17.12.020 of the Zoning Code definition of "Basement" were the addition of the phrase, "with a solid door" and that any new basement exit doors installed after the ordinance becomes effective shall be solid and that any non -solid door lawfully existing before that time be permitted to remain. 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 pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills. Based on this finding, staff determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines that states that an activity is not subject to CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The City Council should review the proposed exemption and find whether it represents the independent judgment of the City and is in compliance with CEQA. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance and CEQA exemption, open the public hearing, take public testimony, and introduce Ordinance No. 271. BASEMENT SOLID DOOR PAGE 2 RESOLUTION NO. 97-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO REQUIRE NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING 1'1'1'LE 15 (BUILDINGS & CONSTRUCTION) AND !TILE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. At a joint study session of the City Council and Planning Commission on February 3, 1997,. various options for the. regulation of basements were discussed. The Planning Commission studied the various options beginning on March 18, 1997 and concluding on May 20, 1997. At a public hearing on June 17, 1997, the Commissioners requested that staff prepare a recommendation to the City Council of a proposed ordinance to require that new basement exit door be solid so as to avoid the appearance of a second story. Section 2. The Planning Commission recommends that the City Council amend Title 15 (Buildings & Construction) of the Rolling Hills Municipal Code to revise Section 15.04.080 (Section 220 amended) of Chapter 15.04 (Building Code) to read as follows: "15.04.080 Section 220 amended. Section 220 regarding the definition of a story of the Building Code is amended to read: STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. There shall be no habitable space, including garages and storage rooms, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 1/2 foot exterior height across the entire structure. Basements may have one standard door opening with a solid door not to exceed 3' x 6'8" for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') feet in width and which shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title 17 (Zoning)." RESOLUTION NO. 97-20 PAGE 1 • • Section 3. The Planning Commission recommends that the definition of "Basement" of Section 17.12.020 ("B" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance be amended to read as follows: "'Basement' - means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement shall have an average exterior height no greater than two and one-half feet across the entire structure. Basements may have one standard door opening with a solid door not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 4. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Section 3 above. PASSED AND APPROVED ON THE 15TH DAY OF JUL ATTEST: I< MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 97-20 PAGE 2 ALLAN ROBERTS, CHAIRMAN • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 97-20 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO REQUIRE NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING 1'1'1'LE 15 (BUILDINGS & CONSTRUCTION) AND 1'1'1'LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on July 15, 1997 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer and Chairman Roberts. NOES: None. ABSENT: Commissioner Witte. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK RESOLUTION NO. 97-20 PAGE 3 • • DRAFT ORDINANCE NO. 271 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND '1'1'1'LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE Cll'Y COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On June 17, 1997, the Planning Commission requested that staff prepare an ordinance that would require that new basement exit doors be solid so as to avoid the appearance of a second story. This action followed a discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied the various basement options such as the size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Section 2. On June 17, 1997, the Planning Commission held a public hearing regarding the proposed ordinance requiring new basement exit doors to be solid and adopted Resolution No. 97-20. Section 3. On July 28, 1997 and August 25, 1997, the City Council held a public hearing regarding the proposed ordinance to require new basement exit doors be solid. 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. Section 15.04.080 (Section 220 "anLnded) of Chapter 15.04 (Building Code) of Title 15 (Building & Constructions-is-ameended to read as follows: "15.04.080 Section 220 amended. Section 220 regarding the definition story of the Building Code is amended to read: ORDINANCE NO. 271 PAGE 1 DRAFT STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. There shall be no habitable space, including garages and storage rooms, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 1/2 foot exterior height across the entire structure. Basements may have one standard door opening with a solid door not to exceed 3' x 6'8" for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') feet in width and which shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. A solid door is a door that does not have windows or openings. Any new basement exit doors installed after. , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of Title 17 (Zoning)." Section 6. The definition of "Basement" contained in Section 17.12.020 ("B" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "'Basement' - means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement shall have an average exterior height no greater than two and one-half feet across the entire structure. Basements may have one standard door opening with a solid door not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. A solid door is a door that does not have windows or openings. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after , 1997 shall be solid. Any non -solid door lawfully existing as of , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 4. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Sections 5 and 6 above. PASSED AND APPROVED ON THE _TH DAY OF , 1997. B. ALLEN LAY, MAYOR ATTEST: ORDINANCE NO. 271 PAGE 2 • • DRAFT MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 271 entitled: A RESOLUTION OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND 11:1LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission , 1997 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. 271 PAGE 3 DATE: TO: ATTN: FROM: SUBJECT: cry ofi2llinq.�r�� 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.: 7.A. Mtg. Date: 7/28/97 JULY 28, 1997 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PRINCIPAL PLANNER CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING A . PROPOSED ORDINANCE: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Staff respectfully requests that this item be continued to the August 25, 1997 meeting of the City Council so that staff can readdress a technical matter on the subject with the Planning Commission. RECOMMENDATION It is recommended that the City Council open the public hearing and continue this matter to August 25, 1997. BASEMENT SOLID DOOR . PAGE 1 01. Printed on Recycled Paper. • 0/ ROE/Lg. A6/>LS 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 NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will hold a Public Hearing at 7:30 PM on Monday, July 28, 1997, 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: A N ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING THAT A BASEMENT EXIT DOOR BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. PLANNING COMMISSION RECOMMENDS APPROVAL. MUNICIPAL CODE APPLICATIONS: 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 the CEQA Guidelines of the City of Rolling Hills, the Lead Agency has analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Therefore, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. 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 Planning Commission at, or prior to, the public hearing. Publish in the Palos Verdes Peninsula News July 19, 1997. Printed on Recycled Paper. 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. serve the within day of , 1997 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 Palos Verdes Peninsula News Also posted at City Hall. MAILED City Attorney DELIVERED City Manager City Council I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the /7254 day of ,1997 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK 07/17/97 THU 10:58 FAX 310 377 7288 CITY OF ROLLING HILLS E1001 i TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIMF USAGE T PGS. RESULT *************3**3**** *** TX REPORT *** *33*************3*33* 1502 PVP NEWS 07/17 10:57 00'52 2 OK 3774522 DATE: 7J7`97 T(: 1 opt) of 0ffiIL JII/'IS INCORPORATED JANUARY 24, 1937 NO. 2 PORTUGUESE REND RQAD ROLLING HILLS. CALIF- 20274 1310) 377-1521 FAX. (310) 377-7246 E-mait cIryolrh3aoLcom FAX COVER SHEET TIME SENT: FROM;--An-1FROM;--An-le,J 1114 FAX: - OPERATOR________________ SUBJECT: , ►A REMARKS: . 1.01111 PROOF OF PUBLICATION (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 and Rolling Hills Herald a newspaper of general circulation, printed and published semi-weekly in the City of 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 October 15 19 63 Rolling Hills Estates Case Number C 824957 ; that 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 q I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Rolling Hills Estates California, this 1- 1 ;day o 19. Ill_ Signature This space is for the County Clerk's Filing Stamp JUL 2 2 1997 CITY OF Ra.A.A4& HILLS By Proof of Publication of PVMA 50�3--' P.V.P. News No. 5022 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA --NOTICE IS HEREBY GIVEN, that the City Council of _the City of Rolling Hills will hold a Public Hearing at 7.30 p.m. on Monday, July 28, 1997, 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 ORDI- NANCE: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING THAT A BASEMENT EXIT DOOR BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. PLANNING COMMISSION RECOMMENDS APPROVAL. MUNICIPAL CODE APPLICATIONS: 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 the CEQA Guidelines of the City of Rolling Hills, the Lead .Agency has analyzed the proposed ordinance and con- -eluded that the ordinance will not have the potential for causing a significant effect on the environment. There- fore, staff has determined the proposed ordinance tot be categorically exempt in accordance with" Section i 15061(b)(3) of the CEQA Guidelines. If you challenge the approval or denial of the pro- posed 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 cor- respondence delivered tot he City Council at, or prior to; the public hearing. -Published in the Palos Verdes Peninsula News on July 19, 1997. $ •City o Moiling. JUL • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 _E-mail: ofrh@ ol. m Agenda ` Item 3-C Mtg. Date: 02103/97 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT ON BASEMENTS. DATE: FEBRUARY 3, 1997 BACKGROUND The attached report was presented to the Planning Commission on January 21, 1997. This report -was prompted following consideration of a basement structure which would exceed 7,000 square feet in size. Further details are provided in the attached report. RECOMMENDATION It would be recommended for members of the City Council and Planning Commission to discuss this matter and provide appropriate direction to staff. CRN:mlk basement.sta Printed on Recycled Paper. • • City ol Rolling _Alt 1 INCORPORATED JANUARY 24, 1957 MEETING DATE: JANUARY 21, 1997 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: CONSIDERATION OF A REPORT ON BASEMENTS NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.7288 E-mait cltyofrh@aol.com BACKGROUND At the December 17, 1996 meeting of the Planning Commission, Commissioners requested that staff return with information about basements. Attached are pertinent definitions of "basement," "story," and "height limitation" from the Building and Zoning Codes. These sections of the Municipal Code specifically limiting the height of basements above grade and limiting basements to one exterior door were adopted on October 24, 1993. We have also attached minutes of the City Council meetings of October 10, 1983. and October 24, 1983 pertinent to the adoption of Ordinance No. 203. Currently, the Department of Building and Safety requires two exits from basements that exceed 300 square feet that are used for storage rooms; one exit may be from the upper story and one exit may be from outside. The cities of Rolling Hills Estates, Rancho Palos Verdes and Palos Verdes Estates do not regulate basements except that they must meet Uniform Building Code requirements. The City of Malibu requires that the midpoint of all walls of a basement be below grade on hillside lots. RECOMMENDATION It is recommended that the Planning Commission give direction to staff regarding basements. The Commission may direct staff to prepare a resolution recommending the amendment of certain sections of the Zoning Code or allow the existing Zoning Code to be sustained. ®Pnnteo on Recycled Paper 04.050--15.04.070 'Fire Code' shall mean Chapter 15.20 of this code. 'Fire Zone° shall mean the fire zone -adopted -by air - -- ordinance creating and establishing fire zones or where no such fire zones have been adopted by the City of Rolling Hills, shall be considered to be in Fire Zone No. 3. ' General Fund' shall mean the City Treasury of the City of Rolling Hilis. ' Health Code° or 'Los Angeles County Health Code' shall mean Chapter 8.04 of this code. ' Health Officer' shall mean the Health Officer of the City of Rolling Hilis. -. ' Mechanical Code' shall mean Chapter 15.12 of this code. ' Plumbing Code' shall mean Chapter 15.08 of this code. (Ord: 257-U §1(part) , 1995) . 15.04.050 Amendment --Fees. Notwithstanding the pro- visions of Section 15.04.010, the Building Code is amended by increasing the amount of each and every fee set forth in Table 1-A, to a sum set by resolution of the City Council, including a park and recreation fee. (Ord. 257-U §1(part), 1995) . 15.04.060 Section 307 deleted. The Building Code is amended by deleting Section 307. (Ord. 257-U §1(part), 1995), - 15.04.070 Section 203. amended. Section 203 regarding the definition of basement of the Building Code is amended to read: = - = BASEMENT is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. A basement is further re- stricted to the specifications contained in the defi- nition of a story herein. (Ord. 257-U §1(part), 1995). 170 (Rolling Hills 5/96) 111 LE 15 (BUILDING & CONSTRUCTION) 15.04.0--15.04.100 15.04.080 Section 220 amended. Section 220 regarding the definition of a story of the.. Building Code is amended to read: STORY is that portion of a building included be- tween the upper surface of any floor and the upper surface of the floor next above, except that the top- most story shall be that portion of a building includ- ed between the upper surface of the topmost floor and the ceiling or roof above. There shall be no habit- able space, including garages and storage rooms, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above fin- ished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 1/2 foot exterior height across the en- tire structure. Basements may have one standard door opening not to exceed 3' x 6'8' for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') feet in width and which shall be incorporated into the overall design of the -building • but shall not have any other exterior openings, sun lights or.similar devices.. (Ord. 257-U §1(part), 1995). • 15.04.090 Section 9906 amended. Section 9906 of the Building Code is amended to read: Section 9906: Building Rehabilitation Appeals Board. In order to hear appeals provided for in Chap- ter 98 and in this Chapter, there shall be and is hereby created a Building Rehabilitation Appeals Board. In the City of Rolling Hills the City Council shall serve as the Building Rehabilitation. Appeals Board and the City Manager shall give notice of sub- standard property and buildings, consulting with the City Engineer as deemed necessary. (Ord. 257-U §1(part), 1995). 15.04.100 Section 1503 amended. Notwithstanding the provisions of.Section 15.04.010, Section 1503 -of the Build- ing Code is amended to read: Section 1503: Roof Covering Requirements. Roof covering for all buildings shall be Class A (having satisfied the fifteen -year weathering test and cer- tified as such by Underwriting Laboratories or an equivalent recognized testing agency), except that any new addition or reroofing of structures may match 171.1 "11 LE 15 (BUILT&1PagTRU OI) • • 17.12.020 ' Antenna' means the outdoor portion of the receiving or transmitting equipment used for the receiving or trans- mitting of television, radio or similar wavef -through space. ' Applicant' means a person who requests in writing the approval of a permit, entitlement, or any other approval under this title. ' Application' means the form and information submitted by an applicant for purposes of requesting an entitlement to use or develop property. 'Assessor' means the Assessor of the County of Los Angeles. Association. See 'Rolling Hills Community Association of Rancho Palos Verdes.' (Ord. 239 511(part), 1993). 17.12.020 'B' words, terms and phrases. Barn. See 'stable.' 'Basement' means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement shall have an average exterior height no greater than two and one-half feet across the entire structure. Basements may have one standard door opening not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. ' Body or hearing body' means the individual or group duly authorized to grant changes to, relief from or special consideration under this title. ' Boundary fence,' for the purposes of this title, is a fence constructed of four -inch vertical posts protruding fifty-four inches above ground and spaced not more than ten feet measured from center to center and attached to two- inch by six-inch boards running horizontally, starting three inches from the top and spaced fifteen inches from center to center. Wire fencing may be attached to the inner side of a boundary fence. 'Buildable area' means that portion of a lot consist- ing of the existing graded building pad and any other con- tiguous portion of the lot within allowable setbacks that has an average slope of ten percent or less. If there is no existing graded building pad, buildable area shall mean that portion of a lot within allowable setbacks that has an average slope of ten percent or less. 'Building' means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. Building, Accessory. See 'accessory building.' 197 (Rolling Hills 5/94) 777L6" / /7 (1704/01/5- ) • 17.1600-17.16.080 4. For lots fronting at the turn -around end of a cul-de-sac, the minimum frontage width shall be afunction of the required cul-de-sac radius and the number of lots fronting the turn -around. No more than two lots shall front the turn -around, and the turn -around shall have a minimum radius of thirty-two feet. 5. All lots shall have a depth with a maximum slope of twenty-nine degrees equal to or greater than the lot width abutting the front street easement. (Ord. 239 §11(part), 1993). 17.16.070 Maximum level of site development permit- ted. The following standards for maximum lot coverage and maximum disturbed area shall apply to all development in the RA -S zone. A. Maximum Lot Coverage. Two maximum lot coverage standards shall apply - maximum coverage by structures and maximum coverage by impervious surfaces. 1. Coverage by Structures. All structures on a lot shall not cover more than twenty percent of the net lot area. For the purpose of this section, 'structures' in- clude the primary residence, all accessory buildings, rec- reational game courts, swimming pools and similar facili- ties, existing stables, combination stable and corral sites required by Section 17.16.180, and subterranean structures. 2. Impervious Surface Coverage. All structures, as defined in subsection (A)(1) of this section, and all other impervious surfaces shall not cover more than thirty- five percent of the net lot area. For the purposes of this section, impervious surfaces shall include all driveways, parking areas, walks, patios, decks and asphaltic or con- crete paving not maintained by the Association. B. Maximum Disturbed Area. The natural conditions on a lot shall be maintained to the greatest degree possible. Disturbance shall be limited to forty percent of the net lot area. For purposes of this paragraph, 'disturbance' shall include any remedial grading (temporary disturbance), any graded slopes and building pad areas, any nongraded area where impervious surfaces exist and any planned land- scaped areas. (Ord. 254 §6, 1995; Ord. 239 §11(part), 1993). 17.16.080 Height limitation. A. General Limitation. A building shall have no more than one story, meaning no interior habitable space shall exist over any other interi- or habitable space. For the purposes of this section, 'interior habitable space' includes lofts, mezzanines and storage areas. B. Exceptions. 1. A one-story space shall be permitted over a basement or subterranean garage. U 211 (Rolling Hills 10/95) 7iic /7 (SON/A/ ) • 2. Barns or stables may L oft area has no glazd openins imited in use to the storaeof quipment. (Ord. 239 511(part), 41) 17.16.090--17.16.130 have a loft, provided the and that the loft area is feed, tack and stable 1993). 17.16.090 Minimum dwelling unit siz,. Every single- family dwelling and manufactured home used as a primary residence shall have a minimum width of twenty feet and a minimum floor area of one thousand three hundred square feet, exclusive of any accessory structures. (Ord. 239 s11(part), 1993). 17.16.095 Minimum building pad size. The minimum size of a graded building pad shall be twelve thousand square feet, thispcode)ed tOrd.the 239t§11(part)Y11993j.Code (Title 17.16.100 Maximum buildable slope. No structure shall be located on any natural or graded slope with a grade exceeding 2:1, nor shall any structure be located on the sides or bottoms of canyons or natural drainage cours- es. (Ord. 239 §11(part), 1993). 17.16.110 Front yards. Every lot or parcel shall have a front yard measuring no less than fifty feet from the front easement line. (Ord. 239 §11(part), 1993). 17.16.120 Side yards. A. Requirements for RA -S-1 1. Every lot or parcel shall have a side yard measuring no less than twenty feet from the side property line. 2. In the event an easement exists along the side property line and that easement exceeds ten feet in width measured from the side property line, the side yard shall measure no less than ten feet from the interior boundary of the easement, and in no event less than twenty feet from the property line. B. Requirements for RA -S-2 Zone. 1. Every lot or parcel in the RA -S-2 zone shall have a side yard measuring no less than thirty-five feet from the side property line. 2. In the event an easement exists along the side property line and that easement exceeds ten feet in width measured from the property line, the side yard shall mea- sure no less than twenty-five feet from the interior bound- ary of the easement, and in no event less than thirty-five feet from the property line. (Ord. 239 §11(part), 1993). 17.16.130 Rear yard. 1. Every lot or parcel shall have a rear yard measuring no less than fifty feet from the rear property line. Zone. 212 (Rolling Hills 5/94) 77Z 6 /7 ( N/AJ6-) 442 Cin/ COa /G Nail re* - October 10, 19W • • DR. JOHN TRAPANI, 15 BLACI(WATER CANYON ROAD Dr. John Trapani advised the Council that he is attempting to re- activate subdivision of his land, and has been advised that installation of two new fire hydrants will be required, and will coat approximately $500,000. Dr. Trapani said that when his tentative map for Tract 33962 was approved in 1978. he was not aware of such a requirement, and he asked whether the requirement could be waived. The Manager explained that the requirements for fire flow are contained in the City's General Plan and cannot be waived; further, the Manager said he researched the — file on Tract 33962 and no requirements have been changed. The Council. suggested that Dr. Trapani discuss the matter with his engineer. PUBLIC HEARING, PROPOSED ORDINANCE RECOMMENDED BY PLANNING COMMISSION 52, The City Manager advised the Council that the Planning Commission has studied definition of height relative to the exterior appearance of structures, and has recommended to the City Council that the Zoning Ordinance be amended to contain a precise standard for basements and a statement that no habitable space shall be located on top of another. - Minutes of Planning Commission meetings at which the matter was discussed and a proposed ordinance were presented to the Council. Mayor Murdock opened a public hearing on the matter, and invited comment from the floor. Mr. Jay Hodge advised the Council that he is a realtor and was present at the meeting on behalf of an owner of vacant property in the City, and he asked whether the provisions for a basement not to exceed five feet above finished grade at any point immediately adjacent to the basement exterior, with no greater than an average 2 1/2 foot ex- terior height across the entire structure could be applied to a new residence by raising floor level: of a house 2 1/2 feet to take advan- tage of a view. Mr. Hodge was advised that the deliberation is meant to address basements, and specific residence design is under the juris- diction of the Architectural Committee of the Rolling Hills Community Association. The Mayor thereafter closed the public hearing. In discussing the proposed ordinance Councilwoman Swanson said she was concerned about the safety of restricting exterior openings to one standard door, with no other exterior openings. Councilman Pernell said this was meant to discourage use of a basement for any purpose other than storage. He asked the Manager whether there was any prohibition of access from within the residence, and Mr. Smith said there are no prohibitions of such access, since the matter was not addressed, and there could be stairway access from within the house. Councilwoman Swanson said she is concerned about permission for an additional story below the first floor level, stating that it the intent of single story not consistent with g construction. Councilman Heinsheimer moved that the proposed ordinance entitled • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING NDING SECTION 17.16.050 (ZONING) OF THE MUNICIPAL CODE ADDING TO THE DEFIN- ITION OF HEIGHT LIMITATION AND SPECIFICALLY REFERENCING BASEMENTS WITH ONE EXTE RIOR DOOR AND FURTHER AMENDING RELATED DEFINITIONS IN CHAPTER 15.04 (BUILDING) OF THE MUNICIPAL CODE be introduced and that reading Councilwoman Leeuwenburgh. motion was seconded by g in full b e waived. The Councilwoman Swanson ask ed whether the maker of the motion would accept an amendment specifying that the portion of the structure below ground level be restricted in size to 49% or less of the floor area of the building. Councilman Heinsheimer said that since the matter was stud- . ied in depth by the Planning Commission he would prefer to go with their recommendations for one year, then re-evaluate the matter. The motion was carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Mayor Murdock NOES: Councilwoman Swanson ABSENT: None Mayor Murdock said she will convey to the Planning Commission and the Architectural Committee the opinions and concerns expressed with -3- f (respect 4111 443 • October 10, 1983 to the ordinance, and if they feel that additional changeshould be made new amendments will be presented at the next meeting. ROPOSED ORDINANCES 835 co. co The City Manager presented two proposed ordinances intended to amend and adjust the Municipal Code sections which are at variance with other regulations and to provide and insure internal cohesive relationships between the Code and other regulations. Mr. Smith said the Building Code is at variance with water supply requirements of the City, grading requirements for cut slopes enacted a few months ago will be amended to include fill slopes, appeal fees for dog com- plaints will be changed to reflect the fee adopted by resolution in 1982, and the zoning code will be corrected to conform to ordinances that have been adopted, amending certain sections. Councilman Pernell moved that a proposed ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMEND- ING SECTION 17.16.0701 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING SIDE YARD SETBACKS IN THE RAS-2 ZONING DISTRICT AND SECTION 17.16.012F 10 REGARDING TENNIS COURT LOT COVERAGE LIMITATIONS be introduced, and that reading in full be waived. The motion was seconded by Councilwoman Swanson and carried by the following roll call vote: AYES: .Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None ABSENT: None Councilwoman Leeuwenburgh moved that a proposed ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING SECTION 15.28.010 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING CON- STRUCTION NEAR FIRE HYDRANTS, SECTIONS 6.24.040C AND 6.36.060C REGARD- ING FEES FOR APPEAL HEARINGS ON ANIMAL ATTACKS, SECTION 15.04.110 AND 15.04.140 REGARDING GRADING AND FILL SLOPE DEVIATIONS BEING REVIEWED BY THE PLANNING COMMISSION, AND SECTIONS 2.08.010 AND 2.08.020 ON PUBLIC OFFICIAL BONDS be introduced, and that reading in full be waived. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Peraell, Swanson Mayor Murdock NOES: None ABSENT: None MATTERS FROM THE CITY COUNCIL DOG CANVASS Councilman Pernell asked whether the door to door canvass was made on October 8 by the Humane Society. The Manager said the city was can- vassed on October 8, and the project will be completed on October 15, and there will be an emphasis on good public relations, as well as on licensing of dogs. WOMEN'S CLUB SOCIAL EVENT Councilwoman Leeuwenburgh reported that she had attended the party sponsored by the Rolling Hills Women's Club, and that it was an enjoyable and successful event. STUDENTS JOGGING IN CITY Mayor Murdock said she received a letter from Dr. Burnight. prin- cipal of Miraleste High School. written in response to a letter from the City Manager regarding teams running in Rolling Hills. Dr. Bur - night thanked the Mayor for the letter, and said the requests for running in single file and out of the vehicular traffic lane would be relayed to the running and track teams. -4- • &iTy C 1 L IC 1U /A/d16' October 24, 1983 and she does not think the FAA should be contacted and asked whether . they would alloy relocation to their property; she said the applicant should find the best solution, and the Council should not hold their action in abeyance for word from the FAA. Following the discussion Councilman Pernell moved that the City Council, acting as the Board of Zoning Adjustment and Appeal, uphold the revocation by the Planning Commission of the Conditional Use Permit for a transmitter building and mobile communication system operating on Channel 158.775 in Rolling Hills, and that the time limit for removal of the building be determined by staff and presented to the City Coun- cil no later than the Council meeting on November 28, 1983, and that the same findings be made as for the tower, namely, Section 3 of the Planning Commission Resolution No. 17 adopted March 2, 1982. Council- woman Swanson urged 'that a twelve month time limit be established at this time. Councilman Pernell said the time limit should not be set without fiscal, legal and technical considerations, and it was his opinion that the matter should be reviewed by -staff and a recommend- ation made to the Council for a time -limit at the November 28 meeting. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: -AYES: - Councilmembers Heinsheimer, Pernell,-Swanson Chairman Leeuwenburgh L NOES: None ABSENT: None RECESS The meeting was recessed at 9:00 P.M. - MEETING RECONVENED Maycr Murdock reconvened the meeting at 9:20 P.M. and noted that Leah Jeffries, Deputy for Supervisor Deane Dana, and students of a government class in Miraleste High School were present. They were welcomed to the meeting. RAFAEL TORRES, 10 BOWIE ROAD 1110 The City Manager recommended that no further action be taken in the matter of the violation on property at 10 Bowie Road owned by Rafael Torres, explaining that since he returned from an extensive trip out of the country the owner has taken steps to comply with the Municipal Code and corrective work is continuing. The Mayor so ordered. Councilwoman Swanson asked whether a time limit for com- pletion would be set. The Manager said the geologist has indicated that it will take 15 - 20 days for his work, and he will make recom- mendations for additional corrective work. Mr. Smith said there has been a genuine effort on the part of the property owner to cooperate, and it is difficult to enforce a time limit in bad weather, which is approaching. NOTICE OF VIOLATION, 38 CREST ROAD EAST 1140 The Manager reported that installation of underground utilities is being completed and fencing • is being installed on property at 38 Crest Road, and completion is anticipated within thirty days. The property has been sold, and the City Attorney will be notified when all work has been completed, and if authorized to do so by the Council, will file a notice of release regarding the notice of intent to file a Notice of Violation. Mayor Murdock so ordered. ADOPTION OF ORDINANCE NO. 203 1146 Councilman Pernell moved that Ordinance No. 203 entitled AN ORDSECTTIONCE OF 17 16 050CITY (ZONING)COUNCIL OF THE MUNICIPALFCODEROLLING AMENDING ADDING TO THE DEF- INITION OF HEIGHT LIMITATION AND SPECIFICALLY REFERENCING BASEMENTS WITH ONE EXTERIOR DOOR AND FURTHER AMENDING RELATED DEFINITIONS IN CHAPTER 15.04 (BUILDING) OF THE MUNICIPAL CODE be adopted, and that -6- • Octobe•4,:1983 reading in full be waived. The motion was seconded by Councilman Heinsheimer and carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell Mayor Murdock NOES: Councilwoman Swanson ABSENT: None The Manager reported that on October 10 Allan Roberts, Chairman of the Planning Commission, wrote-a"letter to the Council reporting that at the last meeting the Commission discussed the concerns about basements expressed at the last Council meeting, and suggested-that''if the Council wished the Planning Commission would study the matter of basements specifically, before holding additional public hearings and making recommendations to the Council about inclusion of requirements for basements in the Municipal Code. Councilwoman Swanson said she wished the record to reflect her concern that the amendment would en- courage construction of homes two and one. half feet higher than the houses currently built. Councilman Heinsheimer suggested that the planning Commission be asked to review the height limitation in one year to.determine whether the change in the ordinance did affect the building height of new homes. Councilwoman Swanson said her recom- mendation that the basement area be limited to 497. or less of the floor area of the house would discourage elevation changes, and she said this should be studied by the Planning Commission, in her opinion. The Mayor said that Chairman Roberts stated in his letter that although basements entered into the Planning Commissions deliberation, they were not specifically addressed, and it was his recommendation that study of basements should be done separately from the action already recommended and which is the basis for the adoption of Ordinance No. 203. With the concurrence of members of the City Council Mayor Murdock said she would advise Chairman Roberts that an additional study of requirements for basements is requested by the Council. Mayor Murdock said the Planning Commission and City Council have not met jointly since appointment of three new members of the Commissior and she said a joint meeting will be scheduled in the near future. ADOPTION OF ORDINANCES NO. 204 AND 205 1272 The Manager said two ordinances intended to clarify requirements in the Municipal Code relating to references to repealed ordinances, grading, dog attack appeal fees and consistency of terms were introduced at the last meeting, and were presented at this time for second reading and adoption. Councilwoman Leeuwenburgh moved that Ordinance No. 204 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMEND- ING SECTION 17.16.070A OF THE ROLLING HILLS MUNICIPAL CODE REGARDING SIDE YARD SETBACKS IN THE'RAS-2 ZONING DISTRICT AND SECTION 17.16.012F 10 REGARDING TENNIS COURT LOT COVERAGE LIMITATIONS be adopted, and that reading in full be waived. The motion was seconded by Councilwoman Swanson. Councilwoman Leeuwenburgh moved that Ordinance No. 205 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMEND- ING SECTION 15.28.010 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING CONSTRUCTION NEAR FIRE HYDRANTS, SECTIONS 6.24.040C AND 6.36.060C REGARDING FEES FOR APPEAL HEARINGS ON ANIMAL ATTACKS, SECTIONS 15.04.11t_ AND 15.04.140 REGARDING GRADING AND FILL SLOPE DEVIATIONS BEING RE- VIEWED BY THE PLANNING COMMISSION, AND SECTION 2.08.010 AND 2.08.020 ON PUBLIC OFFICIAL BONDS be adopted, and that reading in full be waived. The motions were carried by the following roll call vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Swanson Mayor Murdock NOES: None