2016-06 r�soLv�rloN �vo. zol6-ab
A RESOLUTION OF THE PLAI��NING COMMISSION OP THE CITY OF
R4LL�NG HILLS GIZANTING APPROVAL OF A CONDITIONAL USE PERMIT,
STTE PLAN REVIEW AND VARIA�'VCES FOR A NEW CABANA, GRADING,
ABOVE GRADE DECK, RETAINING WALLS, POOL AI\TD RELATED
STRL3CTURES AND FOR ENCR4ACHiVIEI�TT WITH A PORTION OF THE
RAISED DECK, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE INTO
THE REAR YARD SETBACK; TO RETAIN TWO EXISTING SHEDS, PORTION
OF TRELLIS AI�D BARBEQUE IN THE REAR YARD SETBACK; TO EXCEED
THE MAXIMUM PERMITTED DISTURBANCE OF THE LQT AND TOTAL
COVERAGE OF THE LOT AND TO SET ASIDE AN AREA FOR A FUTURE
STABLE AND CORRAL IN THE FRONT YARD AREA OF THE LOT AT b6
EASTFIELD DRNE, (LOT 107-EF), (THOMAS).
THE PLANNING COMMISSION �F THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Tom and Debi
Thomas with respect to real property Iocated af 66 Eastfield, (Lot 107-EF}, Ro�ling Hi1Is,
CA requesting a Canditional Use Perm�it to construct a 4�5 square £oot cabana; Si�e Plan
Review for the cabana, for 1,450 square foot pool deck, for higher fhat 3' in height
retaining walls and grading consisting of a total of 565 cubic yards of dirt, plus
additional 180 cubic yards if a stable is constructed in the future; Variances to encroach
with a portion (3�0 sq.ft.) of the raised deck, retaining walls, pool equipment area and
fireplace into the rear yard setback; to retain two previausly constructed sheds, a portion
of a trellis and barbeque in the rear yard setback; fo exceed the maximum permitted
disturbance af the lot with b8.3% (maximum allowed is 40%); to exceed the maxunum
permitted total coverage of the lat with 43.2% {maximum allowed is 35%}, and to set
aside an area for a f�a�uz��stable and corral ir�the front ya�d �rea oi`'��he lot.
Also proposed is a 632 square foot swzmming pool with 1Q0 square foot spa. Although
the pool and spa would not require a discretionary pexmit and could be approved
admiru.stratively,the grading for the location requires a Site Plan Review.
Sec�ion 2. The Plaiuzing Commission conducted duly noticed public hearings
to consider the application on November 17, 2015, December 15, 2015, and February 16,
2016 at regular Planning Commission meetings, and in the field also on December 15,
2015. The applican�,s were noti£ied of the public hearings in writing by first class mail.
Evidence was heard and p�resented from a1I persons interested in affecting said
proposal and from members of the City s�aff and the Planning Commission having
reviewed, analyzed and studied said proposal. The applicants' representative was in
attendance at the public hearings. No neighbors reviewed the pians before fhe
meetings or attended the site visit. The Rolling Hi11s Community Association received a
Ietter from the adjacent neighbor advising they have no objection to the applicani's
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66 Eastfield �.
xetaining the sheds in the rear easement and the RHCA Board granted the applicants a
license agreement to retain the sheds in the easement until such time as the property
sells.
Section 3. The subject property, zoned RA-5-1, cor�tains 1.3 acres gross and
44,563 square feet (1.02 acres) of net 1ot area. The properfy is developed with a �,$50
square £oot residence with 6$0 square foot garage, 86 square foot entryway, water
£eatur�, 766 square foot detached trellis, barbeque, two-�OQ square foot each sheds and a
sexvi.ce yard. The trellis, BBQ and sheds are non-perrnitted and 251 squaxe foot of the
trellis, the BSQ and sheds are located in the rear yard setback. The applicants wish to
keep those structures on the property and are a part of this Resolution. Most of the
garage and approxisnately 1,Ob0 square feet of the residence is located in the rear yard
setback, and are legal non-conformzng.
Section 4. The project is exempt from the California Envixonmental
Quality Act (CEQA) pursuant ta Section 153a3, Class 3 exemption Guxdelines.
Section�. A Site Plan Review is required subJect to Section 17.46.020 of the
Zoning O�dinance, in that the proposed cabana, rai.sed deck, and retaining walls are a
s�ructural addition. Further, the grading for �hese new structures require Site Plan
Review. With respect to the Site Plan Review application for the cabana, deck, walls,
and grading, the Planning Commission rnakes the following findings of fact:
A. The proposed developm�nt is compliant with all requirements of the
Zoning Ox�dinance except as approved herein a Variance, and is compatible with the
General Plan and surrounding �zses because the px�oposed project is consistent with
goals and po�icies that require low profile, Iow-density residential development with
suf�icient open space between surroundxng structures. The cabana, pool, walls, and
deck construction will be sitttafed to ensure it i.s not obtrusive to neighbors, will be
ucreened from view, and �he pool equipment is located in an area tha� vvi11 not be
intrusive. The elevated out-of-grade condition and "bulk" of the new deck wi11 be
mitigated, by landscaping and retaining walls and separated by a 4' wa�kway. To
address Planning Commissianer's concerns, the entire project was "dropped down"
and softened urith landscaping.
B. 'The development plan substanfi.ally preserves the natural and
undeveloped stat�e of the lot because the required grading has been carefizlly
considered, and the out of-grade condition is being softened with walls and
Iandscaping. The construction will not adversely affect or be materially detrimental to
the adjacent uses,buildings, or structure� because the proposed improvements will be
constructed on a portion of the Iot which is Ieast intrusive to surrounding properties,
will be screened and landscaped with vegetation and is of sufficient distance from
nearby x�esidences so that the proposed project will not impact the view or privacy of
surrounding neighbors.
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C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surraunding reszdences. The proposed
project is consistent with the scale of homes in the surrounding RA-S-1 sirni�arly zoned
neighborhood. The proposed projecf entails construction of a cabana, pool, raised deck
and retaining walls for the purpose of enhancing and facilitating outdoo:r living on the
site, a cornmon�residential amenity enjoyed by property owners throughout the City.
D. The development p1an generally follows natural contours of the site to
the maximum extent practicable ta accomplish groomed and usable areas of the Iot,
subject fo concurrent appraval af Variances and a Conditional Use Pe:rmit pursuant to
Section 6 and 7 of this resolution.
E. Natural drainage courses will not be affected by the project. Minimal
gxading is proposed and therefare existing drainage channels are not anticipated to be
impacted. The project construction wi11 not be lacated in a canyan or on existing
slopes that exceed 25%.
F. The proposed development zs sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because no
change is pxoposed to�he existing driveway, which is in compliance witli applicable
requxrements.
Section b. Sections 17.38.010 through 17.3$.050 of the Rol�ing Hills
Municipal Code pe:rnlit approval of a Variance granting relief from the standards and
requirements af the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to flie property prevent the owner from making use o£ a
parcel of property fo the same extent enjoyed by similar properties in the same
vicinity or zone. In proposing to encroach wzth 310 square feet of raised deck, the
retaining walls, pool equipmenf, and fireplace into the rear yard setback, and also to
retain 2 ahed�, a portion af th� �c�llis and k�arbecue in the rear y•�rd setback, Variances
are required to grant relief from the fallowing Sections of the Zoning Ordinance:
17.12.190 (setback defini�ions requiring that setbacks be free of structures) and
17.16.150 {Structures and driveways permitted in setbacks where the height of the
proposed deck -greater than 12" above grade, and supporting retaining wall greater
than 3', and 17.16.070 (maximum allowed lot coverage and disturbance) �in which case
the proposed total iot coverage and disturbance area would exceed the allowed
amounfs with an increases from 36.02% to 43.2% where 3�% maximum is allowed £or
total Iot coverage, and an increase from 54.5% to b8.3% where 40% maximum total lot
coverage is allowed. Variance from Section 17.�6.210 relating to the location of the
future stable and corral in the front yard setback is required. With respect to the
aforementioned requests for Variances,the Planning Commission finds as fallows:
A. There are exceptional circurristances and conditions on the subject
property as follows:
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Regarding requested variance from Zoxung Ordinance Sections 1'7.16.150, and
17.16.070 relafing to the encraachanent of the structures in the rear yard setback and
the height of the deck and projection into the setback for the propased miscellaneous
structures: fhe current residence is legal non-canforming, with a large portion of the
residence including most of the garage being located in the rear yard setback creating
a constraint on where outdoor livable area adjacent to the residence can be located.
Previously constructed existing structtzres in the rear yard setUack furthez� constrain
the Iot and as a part of this Resolu�ion, these structures wi11 be Iegalized. The
proposed structures cornmon to residences in Rolling Hills are a pool, outdoor deck,
and cabana, and thi.s approval permits the applicants to enjoy the same amenities.
Encroachment of the raised deck, existing trellis, and pool equipment into the rear
yard setback would enable the property owners to cons�ruct a reasonably sized deck
designed for outdoor Iiving. The placement of the pool equipment in the rear yard
setback keeps it away from aIl neighbors and allows for better screening. R�taining
the two sheds has received approval from the RHCA.
Regarding the requested variance from Section 1�'.16.070 for total lot coverage
and disturbance limits,the project does not meet the total lot coverage requirement of
3�% and is proposed at 43.2%, which is an increase from the existing 36.0% which is
legal non-conforming. The proposed structures increases disturbance area to 68.34%,
including fhe future stable and corral which has a slope of 3:1 and the pool pad
slopes will be 2:Z. 'The lot coverage and disturbance exceedance is due to the fact that
with the house located in the rear of the lot there is a Iong and wide existing
driveway leading to the residence, an area of which is calculated towards the total lot
coverage. To accommodate the large driveway and the house in the rear, the lot was
previously graded more than the maximt�m pe�mitted of 40%; therefore any
structural improvements cause those numbers to exceed the maximum permitted.
Regarding the Variance from Section 17.1b.11Q, relating to the Iocation of the
�cxt-�re �table and corra� in the front �rard setback, the existing r�sidence is in fhe x-ear
of the property Ieaving very few options other than to propose the stable and the
co:�ral in the front yax�d setback.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity
and zone but which is denied #o the property in question by strict application of the
code. The property right which atherwise would be enjoyed is the ability to utilize a
portion of �heir rear yard with a sizeable deck, pool, and cabana to accommodate
outdoor recreational use, including an cabana and pool, which currently ca� not be
enjoyed due to the existing residence being so far towards the rear of the lot. The
proposed location of the entire project - deck, cabana, and pool are the least visually
intrusive to the property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or inju�rious to the properties or irnprovements in such vicinaty and
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66 Eastfield 4
zone in which the property is located in that the degree of deviation from the allowed
amount of encroachxnent (310 square feet o� the raised deck), a portion of the trellis,
and the pool. equipment is relatively minor. Further, the proposed patio would nof
be visible from the adjoining street or private properties and thexefore i.s not expected
to result in any visual or privacy impacts.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed deck, cabana, and pool construction will be
orderly, attrac�iv�, legalizes non-con�orming uses on the property, and wi�I not affect
the rural character of the community. The subject proposed structures are in the rear
of the property and will not impact the proposed future stable and corral area and the
proposed deck, cabana, and pool wili not impact use of the existing structures.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed strucfures comply with the General Plan
requirement of low profile, low-density residential development with sufficient open
space between surrounding strvctures. The property is located above the adjacent
property to rear and fhere is large open space between any structures on subject
property to the adjacent property.
F. The Variance is con.sistent with the portions of the County ot Los
Angeles Hazardous Waster Management Plan relating to siting and siting criteria far
hazardous waste facilities.
Section 7. Section 1�.16.210(A}(2) of the Rolling Hi1Is Municipal Code
permits approval of a cabana under certain conditions, provided the Planning
Comnlission approves a Conditional Use Permit. With respect to this request for a
Condi�ional Use Permit, the Planning Commission finds as follows:
1�. The gran�ing of a Conditianal Use Permit for tlie cabana would Y�e consYsfEn�
with the purposes and objectives of the Zoning Ordinance and General Plan because
the use is consistent with similar uses in the communify, meets all the applicable
development standards of the Zoning Ordinance and no deviations from the
development standards are requested.
B. The nature, condition, and development o£ adjacen� uses, buildings, and
structures have been considered, and the construction of a cabana will not adversely
affect or be materially detrimenfal to these adjacent uses, buildings, or structures
because the project is of sufficient distance from nearby residences so that the struc�u.re
will not xmpact the view or px�ivacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural terrain,
and surraunding residences because it comp�ies with the low profile residential
development pattern of the community, and will be screened from neighbors' view.
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D. The proposed conditional use complies with all applicable development
standards of the zone disixict because the 47a square €oot size of the cabana does not
exceed the maximum permitted under the �Vlunicipal Code and it does not encroach
into any setback areas and is not located in�he front.
E. The proposed conditional use is consistent with t�he port�ions 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 af California
Hazardous Waste and Substances Sites Lis�.
F. The proposed conditional us� observes the spirit and intent of Title 17 of the
Zoning Code because the proposed project meets all of the development standards of
the Zonzng Regulations and has a proposed stable, corral and access thereto. The
construction of the pro�ect and the structure will not be obtrusive to neighbors.
Section$. Based upon the foregoing findings, the Planning Com�nYssion
hereby approves the Site Plan Review, Variances, and Conditional Use Perxnit in
Zoning Case No. 893 for new cabana, raised deck, pool, pool equipment, fireplace,
and walls; to encroach with a portion (31Q square feet) of the raised deck, retaining
walls, poo� equipment area, and fireplace into the rear yard setback; to exceed the
maximum permitted total 1ot coverage and disturbance of the lot; and to retain and
legalize two previously constructed sheds, a portion of a trellis, and barbecue in the
rear yard setback, subJect to the£ollowing canditions:
A. The Site Plan, Variances, and Conditional Use Permit approval shall
expire within two years from the effective date of approval if construction pursuant to
this approval has nat commenced within that t�me period, as required by Sections
17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise
exfended pursuant to the requirements of those sections.
B. It is declared and made a condition of the appraval, that if any
conditions thereof are violated, this approva� shall be suspended and the privileges
granted thereunder shall lapse; provided that the City has given the applicants
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.
C. AII requirements o£ the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject propez�ty is Iocated m�st be
complied with unless otherwise set forth in the Perxnit, or shown otherwise on an
approved plan.
The lot shall be developed and maintained in substantial conforxnance with the site
p1an on file dated February 10, 2016, excep#as otherwise provided in these condi�ions.
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T'he working drawings submitted ta the Deparhnent ot Building and Safety for plan
check review must conforxn to the developnnent plan approved with this applicatian.
A copy of the conditions of this Resolution shall be printed on plans approved when a
building permit is issued and a copy of such approved plans, inc�.uding conditions of
approval, shall be available on the building site at aII times.
The licensed professional preparing construction plans for thi.s project far Building
Department revxew shall execute a Certi£icate affirm;ng that the plans contorm in all
respects to this Resol.ution approving this project and including confoxrnance with all
of�he conditions set forth therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building permit fo�r this proJect sha11 Execute a
Certificate of Construction stating�hat the project wi�I be constructed according ta�s
Resolution and any plans approved therewith.
D. Notwithstanding Se�tions 17.46.020 and 17.46.U70 of the RolZing Hills
Municipal Code, any rnodi�ications to the prapex�.y or thia project, which would
constifute additional grading, height or any siructural developrnent including a
trellis or other similar above ground structure shall require the fi�ing of a new
application for approval by fhe Planning Commission.
E. Grading for this project shall not exceed 320 cubic yards o£ cut,
iricluding 220 cubic yards from excavation of the pool; and 245 cubic yards of fzll, far a
tofal o.£ 565 cubic yards of dirt, af which 7� will be exported from the pool excavation
and 1Q0 cubic yards, will be far overexcavation and recompaction. 180 cubic yards of dirt
will be required for the future stable and corral area,when constructed. The grading will
result in 2:1 slopes behind �he pool and cabana. Some of the grading for the future stable
shows the resulting slopes at 3:1.
F. Structural lot coverage sha�l not excee� �,��33 sc�uare f��t, or 19.9�i%.
Total lot coverage shall not exceed 43.2% or 7�9,263 square feet. Building Pad coverage
on the 21,660 square foot reszdential pad sha11 not exceed 8,433 square feet or 39%
coverage. Building pad coverage for the future stable will not exceed 450 square feet
with 45% coverage.
G. The disturbed area of the lot sha11 not exceed 68.3% {of net lot area},
which includes the future stab�e and corral area.
H. The future set-aside area for the stable and cox�ral area of 1,000 square
feet,shall be retained on the property at a1I times.
I. A nlin.imum of four-foot level path and/or wallcway, which daes nat
have to be paved, shall be provided around the entire perimefer of the cabana, pooi
and decking.
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J. Th�re shall be no sleeping quarters and ternporary occupancy in the
cabana. The cabana shall nat exceed 475 square feet. AIl conditions of Section 17.16.21�0
A. (2) £or a cabana shall apply.
K. The pool equipment area shall be enclosed and screened with
landscaping. Per LA County Building Code, pool barrier/fencing shall be required.
L. A drainage plan, as required by the Building Depax�ment shall be
prepared and approved by City Staff prior to issuance of a construction permit. Such
plan shall be subject to LA County Code requiremex�ts.
M. The "as built" miscellaneous structures including 2 sheds, the trellis, fire
place and barbecue that are in the rear yard setback sha11 be made legal and building
permit obtained. Fur�her, the approval of the two sheds located in the rear setback
sha11 expire upon the sale of the property.
N. The side and rear setback lines in the vicinity of the construction for this
project shall remain staked throughout the construction. Construction fence may be
required.
O. During construction, conformance with the air quality management
district requiremen�s, stormwater pollutxon prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips,noise, dust, and objectionable adors shall be required.
P. During and aft�er construction, aII parking shall take place on the project
site and, if necessary, any overflow parking shall take pZace within nearby unimproved
roadway easements, buf not to obstruct neighboring driveways. During construc�ian,
to ma�cimum extend feasible, employees of the contractor shall ca�-pool into the City.
Q. During cortstr�ucftQn, the propex�fy owners shall be required to schedule
and regulafe construction and relafed traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday oniy, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residentiaI environment of the Cify of Rolling Hi11s.
R. The property owners shall be required to con£orm with the Regional
Water Quality Control Board and County Public Works Depax�ment Best Management
Practices (BMP's) requirernents re�ated to solid waste, drainage and storm water
management and comply with the City's Low Impact development Ordinance (LID), if
applicabie. Further the property owners shall be required to con£orm to the County
Health Department requirements for a septic system, should one be required for the
cabana.
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S. A minimurn o£ 5Q% of the construction materiai spoils shall be recycled
and d'zv'erted. The hauler shall provide the appropriate docuxnentation ta the City.
T. AlI graded areas shall be landscaped. In addifian, the cabana and
swimming pool shall be screened from the neighbo�rs and a landscaping plan shall be
submitted to the City for review and approval. If landscaping of 5,000 square foot area
or greater is infiroduced or redevelop, the landscaping shall be subject to the
requirements af the City's Water Efficient Landscape Ordinance. Any plants
in�roduced far this project shall not grow into a hedge but Ue offset and shall not
exceed the ridgeline of the cabana. The Iandscaping plan shall utilize to fihe maximum
ex�er�t feasible, plants that are na�ive to the area and are consistent with the rural
character of the community.
U. The project musf be reviewed and approved by the Rolling Hilis
Community Association (RHCA} Architectural Review Cornmittee prior to the
issuance of building permi.t. Perimeter easements and trails, if any, shall remain free
and clear af any improvements including, but not be limited to f ences-including
constructian fences, any hardscape, driveways, landscaping, irriga�ion and drainage
devices, except as otherwise approved by the RHCA.
V. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weathe� conditions can
be found at:
� �J . ��.����4 �� ��j_ ��..��i ��������a������ ��1�.���e� �etixxitic�����'��
�. It is the sole responsibility of the property owne:r and/or his/her contractor to
moxii.tor the red flag warning conditions. Should a red flag warnzng be declared and if
work is to be conducted on the px�operty, the contractor shall have readily available fire
distinguisher.
W. All requiremenfs of the Building and Construction Code, the Zoning
Cod�, and of the zone in�vhich the subject property i� I�cated must be complied with,
including the Outdoor Lighting Ord'znance. All utility Iines to the cabana shall be
undergrounded pursuant to Section 17.27.030.
X. Prior fo finaiing of the project an "as graded" and an "as constructed"
plans and certifications shall be provided to the Planning Department and the Building
Department to ascertain that the completed project is in compliance with the approved
plans. In addition, any rnodifications made to the praject during construction, shall be
depicfed on the"as built/as graded" plan.
Y. Untii the applicants execufe an Affidavit of Acceptance of aIi conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
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PASSED, APPROVED AND ADOPTED THIS�5th DAY QF MARCH 2O16.
B D CHELF,CHAI AN
ATTEST: �
1
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result o�the public
hearing on this application must be filed within the time limits set forth in section
17.54.07Q of the Rolling Hi�Is Murucipal Code and Code of Civil Procedure Section
1094.6.
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66 Eastfield 1Q
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 20�6-Ob entitled:
A RESOLUTION OF 'THE PLANNING C4MMISSION OF THE CTTY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT,
SYTE PLAN REVIEW AND VARIANCES FOR A NEW CABANA, GRADING,
ABOVE GRADE DECK, RETAINIlVG WALLS, POOL AND RELATED
STRUCTURES AND FDIZ ENCROACHMENT WITH A PORTION OF THE
RAISED DEQC, WALLS, POOL EQUIPMENT AREA AND FIRE PLACE iNTO
THE REAR YARD SETBAQC; TO RETAIN TWO EXISTIlVG SHEDS, PORTION
OF TRELLIS AND BARBEQUE IN THE 12EAR YARD SETBACK; TO EXCEED
THE PERMIT'TED DISTURBANCE �F THE LOTAND TOTAL
COVERAGE QF THE LQT AND TO SET ASIDE AN AREA FOR A FUTURE
STABLE AND CORRAL IlV THE FRONT YARD AREA OF THE LOT AT 66
EASTFIELD DRIVE, (LOT 107-EF}, ('TH�MAS).
was approved and adopted at a regular meeting of the Planni„g Commission on
March 15, 2016 by the following roll call vote:
AYES: Commissioners Cardenas, Gray and Chairman Cheif.
NOES: None.
ABSENT: Commissionexs Kirkpatrick and Smith.
ABSTA�N: None.
and in compliance with the Iaws of California was posted at the following:
Administrative Offices.
HETDI LUCE, CIT'Y CLERK
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66 Eastfield 11