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843 MOD, Grading and construction of a , Resolutions & Approval ConditionsRESOLUTION NO. 2016-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO A PREVIOSULY APPROVED PROJECT FOR SITE PLAN REVIEW IN ZONING CASE NO. 843-MODIFICATION, AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Wheeler with respect to real property located at 38 Portuguese Bend Road requesting two year time extension to comply with the requirements of Resolution No. 2014-13 to commence construction of the approved project, consisting of 860 square foot solid roof patio, retaining walls, spa, outdoor kitchen and grading. Resolution No. 2014-13 was a modification to the construction of the retaining walls for this project, approved by Resolution No. 2014-04, dated February 17, 2014. Section 2. The Commission considered this item at a meeting on June 21, 2016 at which time information was presented by the applicants indicating that additional time is needed to process and implement the project. Section 3. Based upon information and evidence submitted, the Planning Commission grants two year time extension and does hereby amend Paragraph B of Section 6 of Resolution No. 2014-13, dated June 17, 2014 to read as follows: B. The approval granted under Zoning Case No. 843, as amended herein, shall expire within four years from the effective date of approval of this modification if construction pursuant to this approval has not commenced within that time period as required by Section 17.46.080A of the Rolling Hills Municipal Code. No further extension shall be granted. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2014-04 and Resolution No. 2014-13 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED. THIS 21tj►'AY 1 N 2016. BRAD ELF, CHAIRM ATTEST: • .1) GCI eibM11)1_ HEIDI LUCE CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2016-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO A PREVIOSULY APPROVED PROJECT FOR SITE PLAN REVIEW IN ZONING CASE NO. 843-MODIFICATION, AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER). was approved and adopted at a regular meeting of the Planning Commission on June 21, 2016 by the following roll call vote: AYES: , Commissioners Cardenas, Gray and Chairman Chelf. NOES: None. ABSENT: Commissioner Kirkpatrick. ABSTAIN: Commissioner Smith (recused). and in compliance with the laws of California was posted at the following: Administrative Offices ittdf AIM HEIDI LUCE CITY CLERK RESOLUTION NO. 2014-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2014-04 AND APPROVING A MODIFICATION OF CERTAIN CONDITIONS OF PREVIOUSLY APPROVED SITE PLAN REVIEW AND A VARIANCE FOR GRADING, CONSTRUCTION OF NOT TO EXCEED 5 FOOT HIGH RETAINING WALL WHICH ON THE AVERAGE EXCEEDS 2 1/2 FEET IN HEIGHT AND CONSTRUCTION OF A SOLID ROOF COVERED PATIO IN ZONING CASE NO. 843, AT 38 PORTUGUESE BEND ROAD, (WHEELER), (LOT 118-RH), ROLLING HILLS, CA. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A. An application was duly filed by Mr. and Mrs. Steven Wheeler with respect to real property located at 38 Portuguese Bend Road, Rolling Hills, requesting a modification to a previously approved project for grading of 305 cubic yards of cut and 305 cubic yards of fill, balanced on site; construction of approximately 192' long, 5' high retaining wall to flatten and enlarge the pool building pad and to construct an 860 square foot solid roof covered patio. A 90 square foot spa and 90 square foot pool equipment area were also approved. B. The request for modification consists of the construction of two 2'-6"walls, rather than one 5' high retaining wall. One of the walls (interior wall - closer to the swimming pool pad) would be a retaining wall and the outer wall would be a rubble wall. A 2'6" wide planting area is proposed between the walls. No other modifications are required .to accomplish the construction of the terraced walls. Section 2. The Commission considered this item at a duly noticed public hearing on June 17, 2014, at which time information was presented indicating the necessity for the modification. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the Citystaff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearing. Section 3. The Planning Commission finds that the project to modify Zoning Case No. 843 qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. ZC No. 843 Modification 1 • • Section 4. Section 17.46.070 of the Zoning Ordinance provides procedures for the request of modification to approved projects. The City Manager or his/her designee shall determine if the modification is "major" or "minor". The City Manager or his/her designee may act on a minor modification. A major modification shall be considered a new project and requires a new application. Staff deemed the modification a "major" modification, which requires Planning Commission review under the Site Plan Review process. Section 5. Section 17.46.050 of the Zoning Ordinance require the Planning Commission to make certain findings to lawfully grant a request for Site Plan Review. When the Planning Commission previously granted the Site Plan Review the required findings were set forth in Section 6 of Resolution No. 2014-04. The Planning Commission hereby determines that the findings contained in that prior resolution are applicable to and can be made again in their entirety as the findings for the project as modified and are accordingly incorporated herein by reference. Section 6. Based upon information and evidence submitted, the Planning Commission does hereby amend Resolution No. 2014-04, dated February 18, 2014, as follows: A. Paragraph B of Section 8 is hereby amended to read in its entirety as follows: B. The approval granted under Zoning Case No. 843, as amended herein, shall expire within two years from the effective date of approval of this modification if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. Paragraph E of Section 8 is hereby amended to read in its entirety as follows: E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated January 10, 2014, except as amended showing two 2'6" retaining walls and shown on a site plan on file dated June 6, 2014. Prior to submittal of final working drawings to the Building and Safety Department for issuance of grading and/or building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. C. Paragraph K of Section 8 is hereby amended to read in its entirety as follows: K. Two not to exceed 2'6" high walls are herby approved along the swimming pool/guest house -building pad. One of the walls (interior wall -closer to the swimming pool pad) may be a retaining wall and the outer wall may be a rubble wall. A 2'6" wide planting area shall be maintained at all times between the walls. ZC No. 843 Modification 2 • • Section 7. Except as herein amended, the provisions, findings and conditions of Resolution No. 2014-04 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JUNE 2014. CbIEL1, CHAI1 IAN ATTEST: ' oketh au) HEIDI LUCE, CITY CLERK ZC No. 843 Modification 3 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2014-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2014-04 AND APPROVING A MODIFICATION OF CERTAIN CONDITINS OF PREVIOUSLY APPROVED SITE PLAN REVIEW AND A VARIANCE FOR GRADING, CONSTRUCTION OF NOT TO EXCEED 5 FOOT HIGH RETAINING WALL WHICH ON THE AVERAGE EXCEEDS 2 1/2 FEET IN HEIGHT AND CONSTRUCTION OF A SOLID ROOF COVERED PATIO IN ZONING CASE NO. 843, AT 38 PORTUGUESE BEND ROAD, (WHEELER), (LOT 118-RH), ROLLING HILLS, CA. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on June 17, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Mirsch and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: Commissioner Smith (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. Qklid C.L) HEIDI LUCE CITY CLERK ZC No. 843 Modification 4 RESOLUTION NO. 2014-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF NOT TO EXCEED 5 FOOT WALL AND SOLID ROOF COVERED PATIO AND A VARIANCE FOR A RETAINING WALL, WHICH ON THE AVERAGE EXCEEDS 2 1/2 FEET IN HEIGHT IN ZONING CASE NO. 843, 38 PORTUGUESE BEND ROAD, (LOT 118-RH), ROLLING HILLS, CA. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Steven Wheeler with respect to real property located at 38 Portuguese Bend Road, Rolling Hills (Lot 118-RH) requesting a Site Plan Review to construct one, approximately 192' long, 5' high retaining wall to flatten and enlarge the pool building pad and to construct an 860 square foot solid roof covered patio. A 90 square foot spa and 90 square foot pool equipment area are also proposed. Grading will consist of 305 cubic yards of cut and 305 cubic yards of fill, which will be balanced on site. A Variance is requested because the retaining wall will not average out to 2.5' in height. The applicants show a 720 square foot future stable and corral site below the pool area, 25 feet from the rear property line. Additional would be required when the stable and corral are constructed. Section 2. Following several public hearings and two field trips at which the Planning Commissioners and members of the public expressed concerns about the project, the applicants revised their project for the second time. For this second revision, the Planning Commission conducted a duly noticed public hearing on January 21, 2014. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 3. The lot is 5.08-acre in size in the RAS-2 zoning district. Portuguese Bend Road divides the property, where approximately 47,500 square feet of the lot (1.07 acres) is located on the west side of the road and the remaining on the east side of the road. Portuguese Bend Road roadway easement along this lot is 80 feet wide. The portion east of Portuguese Bend Road is developed with 5,112 square foot residence, 761 square foot garage, 773 square foot swimming pool, 653 square foot guest house, covered porches, entryway and service yard. The portion of the lot west of the road is undeveloped. ZC No. 843 1 Section 4. The net lot area for development purposes is 4.43 acres or 192,980 square feet, which excludes the roadway easement. The property is steep, except where already developed. There are two trails on the property; Si s Trail along the bottom on the west side of the lot and Georgeff Trail along the eastern side of the lot Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.46.030 of the Zoning Ordinance requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any building or structure may be constructed. Section 17.16.200H requires a development plan to be submitted for Site Plan Review for solid roof covered patio, if such patio together with other detached miscellaneous structures exceed 800 square feet and Section 17.16.190F requires a Site Plan review for walls over 3 feet in height. Grading is required for these improvements. With respect to the Site Plan Review application for grading and for the improvements the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan and surrounding uses because the proposed project complies with the requirement of low profile, low - density residential development with sufficient open space between surrounding structures. The grading for the improvements are minor (305 cubic yards of cut and 305 cubic yards of fill) on a large lot), and are not contained in a concentrated area, therefore the lot would not have the appearance of having unnatural terrain, as all of the grading blend into a natural looking condition. The cut and fill do not exceed 5 feet, which is the maximum permitted without a variance. The proposed wall will be screened so as to reduce the visual impact of the development. B. The development plan substantially preserves the natural and undeveloped state of the lot because the new improvements will not cause the lot to look overdeveloped. The proposed covered patio will be located on the existing pool building pad (although enlarged through the grading). The 5' wall is required to minimize grading to create a larger building pad. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed improvements will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with plants and shrubs, is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors. ZC No. 843 2 C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed project is consistent with the scale of the neighborhood, as it is on a large lot. D. The development plan follows natural contours of the site to the maximum extend practicable to accomplish groomed and usable areas of the lot. Natural drainage courses will not be affected by the project. Grading will not modify existing drainage channels nor redirect drainage flow. The project is not located in a canyon or on existing slopes that exceed 25%. E. The project preserves much of the exiting vegetation and mature trees. The development plan will introduce drought -tolerant landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. A landscaping plan has been filed with the City. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance from Section 17.16.190F is requested because it states that walls may not exceed 5' on the average of 2 1/2 feet in height. The applicants request a Variance to allow the entire wall to be 5' in height. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to the other properties in the same zone. The property is unique in that the original grading and construction created several terraced areas, and in order to enlarge one of the terraced flat area a retaining wall is required. The steep slopes between the terraces cannot accommodate a short, less than 5' walls, without having to re -grade the upper pad. The swimming pool building pad is already developed with the swimming pool and a guest house, so in order to create more usable area of the lot the pad needs to be enlarged, thus the requirement for the retaining wall. B. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which ZC No. 843 3 would be denied to the property in question absent a variance. Many of the homes in the area are developed with walls that on the average exceed 2.5' in height. The proposed activity is compatible with the General Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to the grading requirements, Zoning Code setbacks and lot coverage requirements. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The proposed wall will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner consistent with the goals and policies of the General Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. The 'requested variance is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. E. The variance does not grant special privileges to the applicant. The applicant revised their application and reduced the scope of structures several times since the initial submittal. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The structures will be screened. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structures will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is of sufficient distance from nearby residences and will substantially utilize the existing relatively flat area for the new construction. F. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. Section 8. Based upon the foregoing findings in Sections, 6 and 7, the Planning Commission hereby approves the Site Plan Review and Variances application in Zoning Case No. 843 for grading, construction of an 860 square foot covered patio and a 5' ZC No. 843 retaining wall exceeding 2.5' in height on the average as shown on the Site Plan dated January 10, 2014 subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans and shall be available at the construction site at all times. B. The Site Plan Review and Variance approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. C. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Building and Construction Code, the Zoning Code, and of the zone in which the subject property is located must be complied with, including the Outdoor Lighting Ordinance, unless otherwise set forth in this approval, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated January 10, 2014. Prior to submittal of final working drawings to the Building and Safety Department for issuance of grading and/or building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. The project must be reviewed and approved by RHCA. ZC No. 843 5 H. Grading shall not exceed 305 cubic yards of cut and 305 cubic yards of fill to be balanced on site. 100 cubic yards is allowed for over -excavation. No additional grading or disturbance of the access road to the construction site shall be permitted. I. Structural lot coverage shall not exceed 9,874 square feet or 5.1 % of the net lot area, in conformance with the zoning requirement. J Total lot coverage of structures and paved areas shall not exceed 26,928 square feet, including the driveway or 14.0% in conformance with the zoning ordinance. K. The proposed retaining wall may not at any point exceed 5-feet, as measured from the finished grade. L. The disturbance of the net lot shall not exceed 67,963 square feet of surface area or 35.2%, which includes the future stable, corral and access thereto, as shown on the plan stamp dated January 10, 2014. M. The solid roof covered patio shall not exceed 860 square feet, as measured from the finished exterior surface of the posts. The patio may not be enclosed on any side. Any utility to the structure shall be placed underground. N. The structural coverage on the proposed 9,318 square foot swimming pool building pad shall not exceed 2,466 square feet or 26.5%. O. If applicable, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter .13.18 of the Municipal Code. P. The project shall be landscaped and continually maintained in substantial conformance with the landscaping plan on file stamp dated February 6, 2014. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening and as to not to impair views from neighboring properties but to screen the project site, including the wall. Q. Minimum of 50% of the construction material spoils shall be recycled and diverted from landfills. The hauler shall obtain a Construction and Demolition permit from the City and provide proof of recycling. R. There shall be no discarding of any debris, trash, soil and construction spoils or any other material into the canyon or deposited anywhere on the property, including easements. No grading, planting, structures, drainage devices or hardscape, including driveways, or storage of any objects including building materials shall take place in the easements, unless approved by the RHCA. ZC No. 843 6 S. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. T. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. U. During grading and construction operations, trucks shall not park, queue and/or idle at the project site or in the adjoining right-of-way before or after the permitted hours of operations. To the maximum extent possible, staging of equipment and parking of vehicles during construction shall be on site. V. The applicant shall comply with grading requirements relative to submittal of grading and construction reports as required by the Building Official. W. If required by the Building Official, the applicant shall submit a detailed drainage plan to the City's drainage engineer. This project shall meet the requirements of the City's Low Impact Development portion of the Storm Water Management and Pollution Control ordinance. X. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. Y. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation of best management practices (BMPs) related to solid waste and storm water management, including erosion control measures, and post construction maintenance of stormwater drainage facilities. Z. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. AA. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. ZC No. 843 7 AB. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php ?suite=safety&page=hazard_definitions#FIR E. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AC. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. AD. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AE. All conditions of the Site Plan and Variances approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AF. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 PASSED, APPROVED AND ADOPTED THIS 18th DAY ORUARY 2014. AI7�CH1~LF, CHAIRI YAN ATTEST: 4 _ HEIDI LUCE, CITY CLERK ZC No. 843 8 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2014-04 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF NOT TO EXCEED 5 FOOT WALL AND SOLID ROOF COVERED PATIO AND A VARIANCE FOR A RETAINING WALL, WHICH ON THE AVERAGE EXCEEDS 2 l FEET IN HEIGHT IN ZONING CASE NO. 843, 38 PORTUGUESE BEND ROAD, (LOT 118-RH), ROLLING HILLS, CA. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on February 18, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Mirsch and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: Vice Chair Smith (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK ZC No. 843 9