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1117RESOLUTION NO. 1117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF WALLS AND STABLE; CONDITIONAL USE PERMIT FOR A STABLE WITH CORRAL AND VARIANCES FOR 5'- HIGH RETAINING WALLS, ONE OF WHICH WOULD ENCROACH INTO THE SOUTH SIDE SETBACK, AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING CASE NO. 807, AT 5 BUGGY WHIP DRIVE, (LOT 245 -A -MS), ROLLING HILLS, CA, (NGUYEN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Daniel Nguyen with respect to real property located at 5 Buggy Whip Drive. The original application entailed a request for a Site Plan Review to grade 12,000 square foot area in the rear of the residence requiring 950 c.y. of cut and 950 c.y. of fill; construct a stable, corral and a guest house; repair an area previously containing wood fences and construct retaining block walls instead, as well as to construct additional retaining walls above the proposed structures. Conditional Use Permit was requested for 890 sq.ft. stable, 1,050 sq.ft. corral and 640 sq.ft. guest house. Variances were requested to exceed the maximum permitted disturbance of the net lot by 15.5% for a total of 55.5% disturbance; to construct walls that are 5' high along their entire length and to encroach with a portion of the most easterly (downslope) wall 12 feet into the 35 -foot side setback. During the proceedings, and at the request of the City Council to verify the proposed grading and wall height, the applicant submitted revised grading calculations. The proposed grading for the stable, corral and guest house would be 633 cubic yards of cut and 633 cubic yards of fill and for the stable and corral only, it would be 520 cubic yards of cut and 520 cubic yards of fill. Further, the applicants' engineer confirm that the walls would be maximum 5' high with a 2:1 slope between them. Following City Council public hearing of February 27, 2012, the applicants on March 1, 2012 withdrew the request for a Conditional Use Permit for the guest house, and therefore this approval excludes said request. Section 2. Following Planning Commission's approval of the project the City Council took jurisdiction of the project. Pursuant to Section 17.54.015 of the Rolling Hills Municipal Code, a review hearing for cases taken under jurisdiction by the City Council shall be conducted as de novo hearings. Section 3. The City Council conducted duly noticed public hearings to consider the application at an adjourned public hearing in the field on January 31, 2012 and at their regular meeting on February 27, 2012 and March 12, 2012. Neighbors within 1,000 -foot radius were notified of the public hearings and a notice was published in the Peninsula News on January 12, 2012. 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, neighbors and applicant's architect and attorney and the City Council had reviewed, analyzed and studied said proposal. Section 4. The property is currently developed with a 3,736 square foot residence, 1,008 square foot garage, 640 square foot swimming pool, service yard, trellis and entryway. Records show that the house and swimming pool were constructed in 1967. In 1975 approval was granted and building permits pulled for a 280 square foot stable and retaining wall. The permits expired, and there are no further records to indicate when and if those structures were constructed. Section 5. This project came to the City's attention as a complaint that a wall was being constructed in the rear of the lot and an inspection of the property was conducted. The applicant stated that he started to reconstruct walls that were there before, which were leaning and rotted. He begun working without permits. During the inspection staff observed remnants of an old foundation in the general location of the proposed stable as well as rotted wood beams. The building code no longer allows timber walls if they support a structure or surcharge and it is required that the area under consideration be brought to compliance with City's zoning and building codes. Resolution No. 1117 (5 Buggy Whip) - 1 - Section 6. At the hearings, the neighbors 7 Buggy Whip Drive objected to the project citing loss of privacy as their main objection, pedestrian and potential vehicular traffic along their property line as well as overdevelopment of the pad. They also expressed concerns regarding safety of the illegally constructed walls and their repair and practicability of the proposed access to the lower pad from the upper building pad. A neighbor at 1 Buggy Whip also objected to the application, citing the history of the walls and requesting assurance that they are constructed with the appropriate permits and according to building code. The applicants and their representatives were in attendance at the hearings. Section 7 The City Council finds that the project qualifies as a categorical exemption from environmental review under the California Environmental Quality Act. Section 8. Section 17.46.030 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. With respect to the Site Plan Review application for the grading for the stable, corral and walls, the City Council finds as follows: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low-density residential development with sufficient open space between surrounding structures. The net lot area for development purposes is 77,374 square feet (2.09 acres gross). The development conforms to Zoning Code setbacks and lot coverage requirements, except for the small portion of a wall, which would encroach into the side setback. The proposed project is screened from the road so as to reduce the visual impact of the development. Although the disturbed area will exceed the maximum permitted, it is required for the stable, which is a requirement of the City that every lot be developed with a stable and corral or an area set aside for a future stable and corral be provided, and to correct an illegal walls condition on the lot. The proposed retaining walls are intended to provide a permanent solution to a longstanding issue of soil sloughing down slope, which was over time alleviated by fences. The fences became overwhelmed and deteriorated; the sloughing is now being controlled by temporary wood shoring walls. The heights of the proposed permanent retaining walls necessary to alleviate the problem will not exceed 5 feet. The problem if not corrected, could eventually affect neighboring properties. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. The applicant is utilizing an area of the lot that was previously developed with a small stable and retaining walls, but for which there are no records. 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. C. 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. D. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood and will substantially utilize the existing relatively flat area for the new construction. E. 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 pathway to the new stable and existing driveway to the house will remain. F. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Resolution No. 1117 (5 Buggy Whip) - 2 - Section 9. 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 to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40.0% of the net lot area. The applicant is requesting a Variance because total disturbance of the net lot area is proposed to be 55.5%. With respect to this request for a Variance, the City Council 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 rear pad was created in the past without grading permits and was revealed only after the applicant cleared the vegetation in the area, and realized that wood fences and a paddock existed on a relative flat portion of the rear. Once the vegetation was removed, eroding of the rear area was observed. The additional disturbance became necessary to shore up the terraced area in the rear. The construction requires engineered retaining walls instead of the wood fences that currently exist. The remediation of the slope is also necessary for erosion control, thus contributing to the disturbance of the lot. 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 would be denied to the property in question absent a variance. Many of the homes in the area are developed with stables and other accessory uses, and the area proposed for grading, a portion of which is already relatively flat, but which will be enlarged for the proposed construction, is conducive to such development, as there is no other area on the lot where a stable may be located. The construction of the walls is intended to alleviate the ongoing problem of erosion and provide a permanent solution, thereby preventing additional disturbance. 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. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The additional graded area is on a portion of the lot which is not intrusive to surrounding properties, and will be screened and landscaped with trees and shrubs from nearby residences and from the street and trail so that the as graded condition 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, where the topography of the lots dictate grading requirements for property stabilization and erosion control. The overage requested 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. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, as many stables on that street are located on a secondary pad below the main residence. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. 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 10. Section 17.18 of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet and a corral over 550 square feet, provided the City approves a Conditional Use Permit. With respect to this request for a Conditional Use Permit, the City Council finds as follows: A. The granting of a Conditional Use Permit for the construction of the stable would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, meets all the applicable code development standards for a stable, and the area is located in an area on the property that is adequately sized to accommodate the stable and adjoining corral. The proposed structure is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters both on and off the project site. Resolution No. 1117 (5 Buggy Whip) - 3 - B. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures because the proposed stable and corral orientation is not towards neighbors and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. Additional trees will be added to further screen the project from adjacent properties. The proposed stable is to be located on an already partially graded area, therefore preserving the natural terrain of the remaining of the property. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the stable complies with the low profile residential development pattern of the community and will not give the property an over -built look. The lot is 2.09 acres in size and is sufficiently large to accommodate the proposed structure. D. The proposed conditional use complies with all applicable development standards of the zone district and requires a Conditional Use Permit pursuant to Section 17.18 of the Zoning Ordinance. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. Section 11. 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 to Section 17.16.150 F and G is required because it states that walls not to exceed 3 -feet, under certain circumstances, may be located in setbacks and Section 17.16.190F state that wall may not exceed 5' on the average of 2 '/2 feet in height. The applicants request Variance to allow a portion of the wall to encroach 12 feet into the required 35 -foot south side yard setback and to construct 5' high walls. With respect to this request for a Variance, the City Council 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 rear pad was created in the past without grading permits and was revealed only after the applicant cleared the vegetation in the area, and realized that wood fences and a paddock existed on a relative flat portion of the rear. Once the vegetation was removed, erosion of the rear area was observed. The additional disturbance became necessary to shore up the terraced area in the rear. The construction requires block retaining walls instead of the wood fences that currently exist. The remediation of the slope is also necessary for erosion control, which requires the up to 5' walls to adequately contain the slope. 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 would be denied to the property in question absent a variance. Many of the homes in the area are developed with stables and other accessory uses, and the area proposed for grading, a portion of which is already relatively flat, but which will be enlarged for the proposed construction, is conducive to such development, as there is no other area on the lot where a stable and other structures may be located. The construction of the walls is intended to alleviate the ongoing problem of erosion and provide a permanent solution. 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. Wooden walls previously existed on the lot in vicinity of the proposed encroachment and the wall will be screened by vegetation. No neighbors came forth in opposition to the wall. 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, where the topography of the lots dictate grading requirements for property stabilization and erosion control and height of walls. The requested encroachment is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. Resolution No. 1117 (5 Buggy Whip) - 4 - E. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity, as there are several stables and retaining walls to hold up the stable pads in the vicinity on other properties. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.150. 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 12. Based upon the foregoing findings in Sections 8, 9, 10 and 11 the City Council hereby approves the Site Plan Review application, Conditional Use Permit and Variances in Zoning Case No. 807 for grading of 520 cubic yards of cut and 520 cubic yards of fill, construction of a 890 sq.ft. stable and 1,050 sq.ft. corral, pool equipment area, two not to exceed 5' high retaining walls below the stable and corral, the lower of which would encroach 12 feet into the south side yard setback, one not to exceed 5' high retaining wall above the stable and a not to exceed 3' wall along the access way to the stable below the existing toe of slope of the upper building pad as shown on the Site Plan dated March 1, 2012, subject to the following conditions: A. The conditions of approval specified herein in this Resolution shall be printed on all construction plans and shall be at all times available at the construction site. B. The Site Plan Review, Conditional Use Permits and Variances approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080, 17.38.080 and 17.42.070, unless otherwise extended pursuant to the requirements of these sections. C. It is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has 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 Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan, including soils and geology studies as required by the Building Official. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 1, 2012 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan and shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the City Council. All conditions of the Site Plan, Variance and CUP approvals, herein as applicable, shall be incorporated into the building permit working drawings and complied with prior to issuance of a grading or building permit from the building department. F. Structural lot coverage of the lot shall not exceed 7,174 square feet or 9.3% of the net lot area, in conformance with lot coverage limitations (20% maximum). G. The total lot coverage proposed, including structures and flatwork shall not exceed 11,030 square feet or 14.3%, of the net lot area, in conformance with lot coverage limitations (35% max). H. Grading shall not exceed 520 cubic yards of cut and 520 cubic yards of fill and must be balanced on site. The disturbed area of the lot shall not exceed 43,000 square feet or 55.5% of the net lot area, in conformance with the Variance request. I. No wall may exceed 5 -feet in height at any one point from the finished grade, as shown on the approved plan. The applicant shall explore alternative construction material for the retaining walls from the standard cement block. J. The stable building pad shall not exceed 4,250 square feet and the coverage shall not exceed 24.0%, which includes the 890 s.f. stable with portion of the covered porch and mechanical/pool equipment area. Resolution No. 1117 (5 Buggy Whip) - 5 - K. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roofing material requirements (RHMC 17.16.190), and all other Zoning and Building Code requirements. L. All utility lines to the stable shall be placed underground, subject to all applicable standards and requirements. M. The stable structure shall not exceed 890 square feet with 120 square foot covered porch, and shall meet all the requirements for construction of a stable including the agricultural and tack room space. N. The access to the stable shall be unpaved and shall remain covered with dirt, wood chips or gravel. If located in the easement, it shall be approved by the RHCA. O. The corral area shall be not less than 1,000 square feet and shall be fenced in with a three -rail or equivalent fence. The surface of the corral and paddock, if not used for animal keeping, must remain permeable at all times. P. The applicant shall submit a detailed drainage plan including hydrology study to the drainage engineer. To the maximum extent practicable, additional drainage generated from the development shall be retained and dissipated on site. Prior to issuance of any grading permits and/or a building permit for the construction such approved plan shall be submitted to the Planning Department for review and filing. Q. 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. R. The retaining walls shall be screened from views of the neighbors. Two copies of a landscaping plan shall be submitted to City for review and approval. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area and are consistent with the rural character of the community. The trees, when planted, shall be a minimum 15 gallon containers or 24" box, so that the walls are sufficiently screened from adjacent properties. At maturity plants and trees shall not exceed the ridgeline of the stable as not to impair views of neighboring properties but to screen the structures. Such plants shall be evergreen, to retain their fullness at all times. Plants and trees shall be planted in an offset manner so that not to result in a hedge like screen. S. In addition, all graded areas shall be vegetated utilizing to the greatest extent feasible mature native and drought resistant plants. The applicant shall deposit with the City a security in the amount of the cost estimate of the implementation of the landscaping plan (including irrigation), plus 15% prior to issuance of a grading permit. Such security shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City only after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. T. Perimeter easements and trails, if any, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. U. Minimum of 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit prior to start of work. No final inspection shall be granted until all documentation is filed with the City. V. 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. W. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby roadway easements. Resolution No. 1117 (5 Buggy Whip) - 6 - 1 1 X. The property owners shall be required to conform with the Regional Water ,Quality Control Board and County Public Works Department Best Management Practices (BMP's) requirements related to solid waste, drainage and storm water drainage facilities management. Y. The applicant shall comply with requirements for bonding for grading and all other requirements resulting from the review of the soils and geology reports. Z. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AA. 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: htt)://www.wrh.noaa.gov/lox/main.DhD?suite=safety&page=hazard defmitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. A.B. All conditions of the Site Plan, Conditional Use Permit and Variance approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AC. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter into the canyon or elsewhere on the property. AD. Any modification to the project, including but not be limited to increase in grading quantities, limits of grading or disturbed area on the property that varies from this approval and which would be within the purview of staff's approval, shall be reviewed and approved by staff and reported to the Planning Commission and City Council. AE. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. 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. AG. The Rolling Hills Community Association review and approval is required. AH. Nothing in the above conditions precludes the owners from submitting an application to the City for a guest house in the future. PASSED, APPROVED AND ADOPTED THIS ATTEST:, Heidi Luce Deputy City Clerk Resolution No. 1117 (5 Buggy Whip) 12`x' DAY OF MARCH 2012. / .�� n /rank E. Hill Mayor/Mayor Pro Tem -7- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1117 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF WALLS AND STABLE; CONDITIONAL USE PERMIT FOR A STABLE WITH CORRAL AND VARIANCES FOR 5' HIGH RETAINING WALLS, ONE OF WHICH WOULD ENCROACH INTO THE SOUTH SIDE SETBACK, AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE, IN ZONING CASE NO. 807, AT 5 BUGGY WHIP DRIVE, (LOT 245 -A -MS), ROLLING HILLS, CA, (NGUYEN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). was approved and adopted at a regular meeting of the City Council on March 12, 2012, by the following roll call vote: AYES: Councilmember Lay, Pernell and Mayor Pro Tem Hill. NOES: None. ABSENT: Councilmembers Black and Heinsheimer (recused). ABSTAIN: None. wit Heidi Luce Deputy City Clerk Resolution No. 1117 (5 Buggy Whip) - 8 - 1 F-� 1