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297CovORDINANCE NO. 297 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING BUILDING PAD COVERAGE REQUIREMENTS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Planning Commission at its June 14, 2005 meeting adopted Resolution No. 2005-19 recommending that the City Council adopt an ordinance amending the Zoning Ordinance of the City of Rolling Hills Municipal Code pertaining to allowing percentage of covered porches to not be counted towards building pad coverage guideline. Section 2. On November 22, 2004, the City Council adopted Ordinance No. 295 consisting of amendments to the Zoning and Subdivision Codes. One of the provisions of the zoning ordinance requires that attached porches, entryways, porte cocheres and similar structures having a solid roof be counted towards the building pad coverage guideline of 30%. Such structures with open or partially open roof are not to be counted towards this guideline. Section 3. At the November 22, 2004 meeting, after adoption of the amendments to the Zoning and Subdivision Codes, Councilmembers directed the Planning Commission to further study the inclusion or not inclusion of solid roof porches, porte cocheres and similar structures in the building pad coverage guideline. Councilmembers’ concern was that if these structures are not included in the calculations, they will not be shown on plans or staked in the field and it may not be clear to the Planning Commission or neighbors during the Site Plan Review process as to what exactly is being proposed. Section 4. The Planning Commission by Resolution No. 2004-16, on June 15, 2004, recommended to the City Council to adopt amendments to the Zoning and Subdivision Code with a provision that attached porches, entryways, porte cocheres and similar structures with solid or open or partially open roof not be counted towards the building pad coverage guideline. Section 5. During the Planning Commission and City Council public hearings regarding the Zoning Code amendments, several architects testified in support of not including attached, solid structures towards the building pad coverage. The architects testified that counting these structures towards the building pad coverage guideline would result in “box” like architecture, as the applicants would want to maximize the square footage of the livable areas, and that the architectural elements of covered porches, an important part of a ranch style home would disappear in time. Section 6. The Rolling Hills Community Association Architectural Committee discussed this issue at its March 4, 2005 meeting. The Architectural Committee submitted correspondence to the City indicating that including all covered porches and entryways in the pad coverage calculations would have a negative effect on the architectural character of the City. Section 7. The City Council held duly noticed public hearings on July 11, 2005, July 25, 2005 and August 22, 2005 to review the proposed amendments. Today’s public hearing was noticed in the Palos Verdes Peninsula News on July 2, 2005. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 8. 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 prepared a Negative Declaration. The City Council finds that the Negative Declaration represents the independent judgment of the City and that it was prepared in compliance with CEQA guidelines. Therefore, the City Council hereby adopts the Negative Declaration in accordance with the CEQA requirements. Section 9. The City Council hereby adopts the following Zoning Code amendments: Add the following definition to Section 17.12.020 “B” words, terms and phrases: “Breezeway” means a roofed passageway with open sides that connects two buildings, such as house and garage”. Amend Section 17.12.160 “P” words, terms and phrases to read as follows: “Porch (covered)” means a covered pedestrian entrance to a building; a walkway or a platform beneath a roof that is attached to the exterior of a building that sometimes runs along the entire façade and sides of the building. The area underneath eaves is not considered a covered porch”. “Porte cochere” means a roofed structure, whether attached or detached to the exterior of the building, which partially or entirely covers a driveway at the entrance of a building to provide shelter while entering or leaving a vehicle. The area underneath eaves is not considered porte cochere”. Amend Section 17.16.097 Building Pad Coverage Guideline, of Title 17 of the Rolling Hills Municipal Code in its entirety to read as follows: 17.16.097 Building pad coverage guideline. A. When reviewing a proposed development project for general plan and zoning ordinance compliance, the Planning Commission utilizes a guideline in determining whether the proportion of the building pad that is proposed for development is appropriate. The Planning Commission's guideline is expressed in terms of a maximum percentage of building pad coverage. A determination as to whether a proposed project satisfies the guideline is determined by first calculating the square footage of the proposed structure(s) and of all existing structures on the lot, dividing that number by the square footage of that portion of the building pad that is not in the setbacks, and then comparing that percentage figure to the Commission's guideline percentage. B. Structures having a solid roof that are attached to the primary residence or to accessory buildings, except for covered porches as described below, shall be counted towards the building pad coverage guideline. All roofed structures shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. C. Covered porches having an area of 10% or less of the area of the footprint of the primary residence, and for accessory structures having an area of 10% or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. D. Trellises attached to the primary residence or to accessory buildings shall not be counted towards the building pad coverage guideline. However, all trellises shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. E. Satisfaction of the Commission's guideline for allowable building pad coverage is only one of several factors for determining project compliance with the general plan and zoning ordinance and all other required findings for the particular approval sought must also be satisfied. Amend Section 17.16.200 K Conditions for accessory uses, of Title 17 of the Rolling Hills Municipal Code to read as follows: K. Structures attached to the primary residence or to accessory buildings, such as but not limited to trellises, covered porches, porte cochere, entryways, and breezeways may be permitted provided they are not located in any setback. Such structures shall be counted towards the building pad coverage guideline, except as specified in Section 17.16.097 C and D, and towards structural and total net lot coverage and the disturbed area of the net lot. PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST, 2005. ____________________________________ GODFREY PERNELL MAYOR ATTEST: _____________________________________________ MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 297 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING BUILDING PAD COVERAGE REQUIREMENTS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on August 22, 2005 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. 297 -3-