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1087RESOLUTION NO. 1087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS TO UPHOLD THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF THE CITY MANAGER'S ADMINISTRATIVE APPROVAL OF A PROJECT PURSUANT TO CHAPTER 17.44 ZONE CLEARANCE OF THE ROLLING HILLS MUNICIPAL CODE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An appeal was filed by Ms. Julie Walter and Mr. John Walter, property owner of 92 Crest Road East and their attorney Mr. Andrew Kienle of HK & C Law Corporation of the City Manger's administrative approval of a Zone Clearance granted pursuant to Chapter 17.44 (ZONE CLEARANCE) of the Rolling Hills Municipal Code ("RHMC") to rehabilitate and update an existing structure to be used as a stable and to construct a corral at a property located at 76 Eastfield Drive, (Dr. Stephanie Culver and Mr. Victor George) ("Zone Clearance"). Section 2. A 1,344 square foot stable was legally constructed with building permits in 1963 at 76 Eastfield Drive. The structure has not been used as a stable for many years. Subsequent property owners remodeled a portion of the stable structure to a recreation room use without the benefit of City approval and no building permits were obtained for the remodel. The current property owners have been using this structure for recreation and hobby activities. Section 3. On April 15, 2010 the City Manager administratively approved the application for a zone clearance for refurbishing the structure to be used as a stable and to construct a corral to be located partially along the east side of the stable at 76 Eastfield Drive pursuant to RHMC Chapter 17.44. Subsequently, the Rolling Hills Community Association Architectural Committee reviewed the plans and required that the corral be moved approximately 5 feet to the north. On May 2, 2010 the representative for 76 Eastfield submitted a revised plan to the City, which was again approved administratively. Section 4. Pursuant to RHMC Chapter 17.44 (ZONE CLEARANCE), the City Manager or his designee approves certain structures and uses administratively, including stables and corrals, whether new construction or remodel. The purpose of the Zone Clearance review is to assure that the structure or use satisfies the objective criteria and provisions of the RHMC Zoning Ordinance. Section 5. In reviewing the project, the City Manager applied all of the applicable provisions of the RHMC Zoning Ordinance pertaining to stables and corrals and found that the proposal did not violate any of the provisions. The City Manager therefore approved the remodel of the existing structure and corral pursuant to his authority under RHMC Chapter 17.44.. Section 6. On May 18, 201.0, the Planning Commission denied an appeal filed by the property owner of 92 Crest Road East and upheld the City Manager's decision to approve the Zone Clearance for the rehabilitation of the legally constructed structure into a stable use and the construction of a corral fmding that the approval of this project meets the requirements of Chapter 17.44 of the Zoning Ordinance and that this approval does not violate any Zoning Ordinance provisions relating to stables and corrals as such requirements are set forth and applied in the Staff Report for this matter. Section 7. The City Council hereby upholds the Planning Commissions denial of an appeal of the City Manager's decision to approve the Zone Clearance for the rehabilitation of the legally constructed structure into a stable use and the construction of a corral finding that the approval of this project meets the requirements of Chapter 17.44 of the Zoning Ordinance and that this approval does not violate any Zoning Ordinance Resolution No. 1087 Appeal 1 provisions relating to stables and corrals as such requirements are set forth and -applied in the Staff Report for this matter. PA,S MA ATTEST: �l G� HEIDI LUCE, DEPUTY CITY CLERK Resolution No. 1087 Appeal 2 UNE 2010. 1 1 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 1087 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS TO UPHOLD THE PLANNING COMMISSION'S DENIAL OF AN APPEAL OF THE CITY MANAGER'S ADMINISTRATIVE APPROVAL OF A PROJECT PURSUANT TO CHAPTER 17.44 ZONE CLEARANCE OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on June 28, 2010 by the following roll call vote: AYES: Councilmembers Black, Hill, Heinsheimer, Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE DEPUTY CITY CLERK Resolution No. 1087 Appeal 3