PLANNING COMMISSION

1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA This is the appropriate time for the Chair or Commissioners to approve the agenda as is or reorder. 5. BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file. 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS This section is intended to provide members of the public with the opportunity to comment on any subject thatdoes not appear on this agenda for action. Each speaker will be permitted to speak only once. Written requests, if any, will be considered first under this section. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular Planning Commission Meeting PLANNING COMMISSION Tuesday, December 20, 2022 CITY OF ROLLING HILLS 6:30 PM Executive Order N-29-20 This meeting is held pursuant to Executive Order N-29-20 issued by Governor Newsom on March 17, 2020. All Planning Commissioners will participate by teleconference. Public Participation: City Hall will be closed to the public until further notice. A live audio of the Planning Commission meeting will be available on the City's website (https://www.rolling-hills.org/PC%20Meeting%20Zoom%20Link.pdf). The meeting agenda is also available on the City's website (https://www.rolling-hills.org/government/agenda/index.php). Join Zoom Meeting via https://us02web.zoom.us/j/99343882035? pwd=MWZXaG9ISWdud3NpajYwY3dF bllFZz09 Meeting ID: 993 4388 2035 Passcode: 647943 Members of the public may submit comments in real time by emailing the City Clerk's office at cityclerk@cityofrh.net. Your comments will become a part of the official meeting record. You must provide your full name but do not provide any other personal information (i.e., phone numbers, addresses, etc) that you do not want to be published. 1

7. CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Chair or any Commissioner may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Chair will call on anyone wishing to address the Commission on any Consent Calendar item on the agenda, which has not been pulled by Commission for discussion. 7.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF DECEMBER 20, 2022 RECOMMENDATION: Approve as presented. 7.B. CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF DECEMBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361. RECOMMENDATION: Approve as presented. 7.C. APPROVE THE MINUTES FOR THE NOVEMBER 15, 2022, PLANNING COMMISSION REGULAR MEETING RECOMMENDATION: Approve as presented. 8. EXCLUDED CONSENT CALENDAR ITEMS 9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING 10. NEW PUBLIC HEARINGS 10.A. ZONING CASE NO. 21-17: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR: A SITE PLAN REVIEW FOR GRADING; CONDITIONAL USE PERMIT FOR A 7,088-SQUARE- FOOT TENNIS COURT; AND VARIANCE REQUESTS FOR GRADING EXPORT, ENCROACHMENT OF THE TENNIS COURT AND PLANTER INTO THE FRONT SETBACK AND FRONT YARD AREA, ENCROACHMENT WITHIN 50 FEET OF A PAVED ROAD, EXCEEDANCE OF THE MAXIMUM ALLOWED 10,000 SQUARE FEET GRADING AREA, EXCEEDANCE OF THE MAXIMUM ALLOWED 750 CUBIC YARDS OF GRADING, AND EXCEEDANCE OF THE MAXIMUM ALLOWED DISTURBANCE AREA FOR A PROPERTY LOCATED AT 12 UPPER BLACKWATER CANYON ROAD (LOT 97-1-RH) ROLLING HILLS, CA 90274 (KIM), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Open the public hearing, receive public testimony, discuss the project, close the public hearing, and adopt Resolution No. 2022- 16 approving the project as presented. CL_AGN_221220_PC_AffidavitofPosting.pdf CL_MIN_221115_PC_F.pdf Development Table Development Plans Slope Analysis Conceptual Landscape Plan.pdf Proximity Map.pdf Picture of Proposed Tennis Court Location 2

11. OLD BUSINESS 12. NEW BUSINESS 13. SCHEDULE FIELD TRIPS 14. ITEMS FROM STAFF 14.A. DIRECTOR'S REPORT RECOMMENDATION: Receive and file. 15. ITEMS FROM THE PLANNING COMMISSION 16. ADJOURNMENT Next meeting: Tuesday, January 17, 2023 at 6:30 p.m. via teleconference. Existing Site Photos Received 9/15/22 Letter from Wendi Russell_9 Upper Blackwater Canyon Road Received 10/11/22 Letter from Murry Smith_.10 Upper Blackwater Canyon road Received 12/6/22 Addended Letter from Wendi Russell_.pdf Received 12/12/22 Email from Murry Smith_.pdf Resolution No. 2022-16_12 Upper Blackwater Canyon Road PL_GPN_HSG_221123_HCD_ComplianceLetter.pdf CL_PBN_221215_NOI_Mailing_InitialStudyMitigatedNegDec.pdf SBCCOG Housing Education Forum - Housing Markets.pdf Notice: In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. All of the above resolutions and zoning case items have been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines unless otherwise stated. 3

1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA This is the appropriate time for the Chair or Commissioners to approve the agenda as is or reorder. 5. BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file. 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS This section is intended to provide members of the public with the opportunity to comment on any subject thatdoes not appear on this agenda for action. Each speaker will be permitted to speak only once. Written requests, if any, will be considered first under this section. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular Planning Commission Meeting PLANNING COMMISSION Tuesday, December 20, 2022 CITY OF ROLLING HILLS 6:30 PM Executive Order N-29-20 This meeting is held pursuant to Executive Order N-29-20 issued by Governor Newsom on March 17, 2020. All Planning Commissioners will participate by teleconference. Public Participation: City Hall will be closed to the public until further notice. A live audio of the Planning Commission meeting will be available on the City's website (https://www.rolling-hills.org/PC%20Meeting%20Zoom%20Link.pdf). The meeting agenda is also available on the City's website (https://www.rolling-hills.org/government/agenda/index.php). Join Zoom Meeting via https://us02web.zoom.us/j/99343882035? pwd=MWZXaG9ISWdud3NpajYwY3dF bllFZz09 Meeting ID: 993 4388 2035 Passcode: 647943 Members of the public may submit comments in real time by emailing the City Clerk's office at cityclerk@cityofrh.net. Your comments will become a part of the official meeting record. You must provide your full name but do not provide any other personal information (i.e., phone numbers, addresses, etc) that you do not want to be published. 1

7. CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Chair or any Commissioner may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Chair will call on anyone wishing to address the Commission on any Consent Calendar item on the agenda, which has not been pulled by Commission for discussion. 7.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF DECEMBER 20, 2022 RECOMMENDATION: Approve as presented. 7.B. CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF DECEMBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361. RECOMMENDATION: Approve as presented. 7.C. APPROVE THE MINUTES FOR THE NOVEMBER 15, 2022, PLANNING COMMISSION REGULAR MEETING RECOMMENDATION: Approve as presented. 8. EXCLUDED CONSENT CALENDAR ITEMS 9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING 10. NEW PUBLIC HEARINGS 10.A. ZONING CASE NO. 21-17: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR: A SITE PLAN REVIEW FOR GRADING; CONDITIONAL USE PERMIT FOR A 7,088-SQUARE- FOOT TENNIS COURT; AND VARIANCE REQUESTS FOR GRADING EXPORT, ENCROACHMENT OF THE TENNIS COURT AND PLANTER INTO THE FRONT SETBACK AND FRONT YARD AREA, ENCROACHMENT WITHIN 50 FEET OF A PAVED ROAD, EXCEEDANCE OF THE MAXIMUM ALLOWED 10,000 SQUARE FEET GRADING AREA, EXCEEDANCE OF THE MAXIMUM ALLOWED 750 CUBIC YARDS OF GRADING, AND EXCEEDANCE OF THE MAXIMUM ALLOWED DISTURBANCE AREA FOR A PROPERTY LOCATED AT 12 UPPER BLACKWATER CANYON ROAD (LOT 97-1-RH) ROLLING HILLS, CA 90274 (KIM), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Open the public hearing, receive public testimony, discuss the project, close the public hearing, and adopt Resolution No. 2022- 16 approving the project as presented. CL_AGN_221220_PC_AffidavitofPosting.pdf CL_MIN_221115_PC_F.pdf Development Table Development Plans Slope Analysis Conceptual Landscape Plan.pdf Proximity Map.pdf Picture of Proposed Tennis Court Location 2

11. OLD BUSINESS 12. NEW BUSINESS 13. SCHEDULE FIELD TRIPS 14. ITEMS FROM STAFF 14.A. DIRECTOR'S REPORT RECOMMENDATION: Receive and file. 15. ITEMS FROM THE PLANNING COMMISSION 16. ADJOURNMENT Next meeting: Tuesday, January 17, 2023 at 6:30 p.m. via teleconference. Existing Site Photos Received 9/15/22 Letter from Wendi Russell_9 Upper Blackwater Canyon Road Received 10/11/22 Letter from Murry Smith_.10 Upper Blackwater Canyon road Received 12/6/22 Addended Letter from Wendi Russell_.pdf Received 12/12/22 Email from Murry Smith_.pdf Resolution No. 2022-16_12 Upper Blackwater Canyon Road PL_GPN_HSG_221123_HCD_ComplianceLetter.pdf CL_PBN_221215_NOI_Mailing_InitialStudyMitigatedNegDec.pdf SBCCOG Housing Education Forum - Housing Markets.pdf Notice: In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. All of the above resolutions and zoning case items have been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines unless otherwise stated. 3

Agenda Item No.: 7.A Mtg. Date: 12/20/2022 TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU: ELAINE JENG P.E., CITY MANAGER SUBJECT: APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF DECEMBER 20, 2022 DATE: December 20, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_221220_PC_AffidavitofPosting.pdf 4

Administrative Report 7.A., File # 1599 Meeting Date: 12/20/2022 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) AFFIDAVIT OF POSTING In compliance with the Brown Act, the following materials have been posted at the locations below. Legislative Body Planning Commission Posting Type Regular Meeting Agenda Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time DECEMBER 20, 2022 6:30pm As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: December 16, 2022 5

Agenda Item No.: 7.B Mtg. Date: 12/20/2022 TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU: ELAINE JENG P.E., CITY MANAGER SUBJECT: CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF DECEMBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361. DATE: December 20, 2022 BACKGROUND: With the Governor’s approval of AB 361, public agencies have been granted the continuing ability to conduct virtual meetings during declared public health emergencies under specified circumstances until January 1, 2024. Based on the requirements of AB 361, in order for the City to hold virtual meetings, the Planning Commission needs to determine monthly that the following conditions exist: 1) There continues to be a health and safety risk due to COVID-19 as a proclaimed state of emergency with recommended measures to promote social distancing; and 2) Meeting in person during the proclaimed state of emergency would present imminent risks to the health and safety of attendees. The other requirements associated with continued virtual meetings are outlined in the text of AB 361. The recommended action is for the Planning Commission to find that the following conditions exist and that they necessitate remote Committee meetings for the coming month: 1) There continues to be a health and safety risk due to COVID-19 as a proclaimed state of emergency with recommended measures to promote social distancing; and 2) Meeting in person during the proclaimed state of emergency would present imminent risks to the health and safety of attendees. These findings will need to be made by the City Council each month that the City opts to continue with remote meetings. 6

DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 7

Agenda Item No.: 7.C Mtg. Date: 12/20/2022 TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU: ELAINE JENG P.E., CITY MANAGER SUBJECT: APPROVE THE MINUTES FOR THE NOVEM BER 15, 2022, PLANNING COMMISSION REGULAR MEETING DATE: December 20, 2022 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_221115_PC_F.pdf 8

MINUTES – PLANNING COMMISSION MEETING Tuesday, November 15, 2022 Page 1 Minutes Rolling Hills Planning Commission Tuesday, November 15, 2022 Regular Meeting 6:30 p.m. Via tele-conference 1. CALL MEETING TO ORDER The Planning Commission of the City of Rolling Hills met via teleconference on the above date with Chair Chelf presiding. Chair Chelf called the meeting to order at 6:30 p.m. 2. ROLL CALL Commissioners Present: Cooley, Douglass, Vice Chair Kirkpatrick, Chair Chelf Commissioners Absent: None Staff Present: John Signo, Planning & Community Services Director Stephanie Grant, Assistant Planner Ryan Stager, Assistant City Attorney 3. PLEDGE OF ALLEGIANCE Stephanie Grant, Assistant Planner, led the Pledge of Allegiance. 4. APPROVE ORDER OF THE AGENDA Motion by Commissioner Cooley, seconded by Vice Chair Kirkpatrick, to approve as is. Motion carried unanimously with the following roll call vote: AYES: Cardenas, Cooley, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSENT: None 5. BLUE FOLDER ITEMS (SUPPLEMENTAL) - NONE 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE 7. CONSENT CALENDAR 7.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING OF NOVEMBER 15, 2022 7.B. CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE MONTH OF NOVEMBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361. 7.C. APPROVE THE MINUTES FOR THE OCTOBER 18, 2022, PLANNING COMMISSION REGULAR MEETING Motion by Vice Chair Kirkpatrick, seconded by Commissioner Douglass, to approve Items 7A, 7B, and 7C. Commissioner Cardenas abstained because he was not present at the October 18, 2022 Planning Commission meeting under Item 7C. Motion carried unanimously with the following roll call vote: 9

MINUTES – PLANNING COMMISSION MEETING Tuesday, November 15, 2022 Page 2 AYES: Cooley, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSENT: None ABSTAIN: Cardenas 8. EXCLUDED CONSENT CALENDAR ITEMS – NONE 9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETINGS – NONE 10. NEW PUBLIC HEARINGS 10.A. RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 17.28 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA Presentation by Director John Signo. There were no comments or questions from the Commissioners. Chair Chelf opened the public hearing for comments but there were no speakers. Staff did not receive any concerns or feedback before the meeting. Motion by Commissioner Cardenas, seconded by Vice Chair Kirkpatrick, to adopt Resolution No. 2022-20 as written. Motion carried unanimously with the following roll call vote: AYES: Cardenas, Cooley, Douglass, Kirkpatrick, Chair Chelf NOES: None ABSENT: None 11. OLD BUSINESS – NONE 12. NEW BUSINESS 12.A. UPCOMING PLANNING COMMISSION MEETINGS AND CONSIDERATION TO GO BACK TO IN- PERSON MEETINGS Mr. Signo presented the 2023 Planning Commission schedule and suggested a replacement date for the upcoming December meeting. The Commission confirmed the next meeting date will remain on Tuesday, December 20, 2022. Commissioner Cooley indicated she will be out of town from December 6 th -14 th . Mr. Signo discussed the possibility of going back to in-person meetings. Commissioners discussed and considered the issue. Assistant City Attorney Ryan Stager provided insight on State law in regards to remote and hybrid meetings. Updates will be provided as needed. No action was taken by the Commission. 13. SCHEDULED FIELD TRIPS 10

MINUTES – PLANNING COMMISSION MEETING Tuesday, November 15, 2022 Page 3 The next scheduled field trip will be located at 12 Upper Blackwater Canyon Road on Tuesday, December 20, 2022 at 7:30 a.m. 14. ITEMS FROM STAFF Mr. Signo indicated the Housing Element is being reviewed by HCD. Housing Consultant Barry Miller was contacted by HCD this week and Mr. Signo and Mr. Miller will be working with HCD to clarify issues. 15. ITEMS FROM THE PLANNING COMMISSION – NONE Vice Chair Kirkpatrick asked Assistant City Attorney Stager about challenges to the Governor’s zoning laws. Mr. Stager indicated he could research the issues and provide a report to the Commission at the next meeting. 16. ADJOURNMENT: 6:52 P.M. The meeting was adjourned at 6:52 p.m. to a field trip of the Planning Commission scheduled to be held on Tuesday, December 20, 2022 beginning at 7:30 a.m. at 12 Upper Blackwater Canyon Road. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Brad Chelf, Chair 11

Agenda Item No.: 10.A Mtg. Date: 12/20/2022 TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: STEPHANIE GRANT, ASSISTANT PLANNER THRU: ELAINE JENG P.E., CITY MANAGER SUBJECT: ZONING CASE NO. 21-17: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR: A SITE PLAN REVIEW FOR GRADING; CONDITIONAL USE PERMIT FOR A 7,088-SQUARE-FOOT TENNIS COURT; AND VARIANCE REQUESTS FOR GRADING EXPORT, ENCROACHMENT OF THE TENNIS COURT AND PLANTER INTO THE FRONT SETBACK AND FRONT YARD AREA, ENCROACHMENT WITHIN 50 FEET OF A PAVED ROAD, EXCEEDANCE OF THE MAXIMUM ALLOWED 10,000 SQUARE FEET GRADING AREA, EXCEEDANCE OF THE MAXIMUM ALLOWED 750 CUBIC YARDS OF GRADING, AND EXCEEDANCE OF THE MAXIMUM ALLOWED DISTURBANCE AREA FOR A PROPERTY LOCATED AT 12 UPPER BLACKWATER CANYON ROAD (LOT 97-1-RH) ROLLING HILLS, CA 90274 (KIM), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE: December 20, 2022 BACKGROUND: The applicant, Brian Kim, submitted applications for Zoning Case No. 21-17 on December 15, 2021, for the construction of a new 7,088 square foot tennis court. The project requires a Site Plan Review, Conditional Use Permit, and Variance applications. Past Project Approvals The existing main residence and guesthouse were built in 1967. On May 21, 1968, the Planning Commission approved a Variance for an existing structure to be remodeled into servants’ quarters. On October 17, 2000, the Planning Commission approved a Variance for an illegally constructed deck located at 10 Upper Blackwater Canyon Road to encroach into 12

the front yard setback of 12 Upper Blackwater Canyon Road. On October 17, 2000, the Planning Commission approved a Site Plan Review for a major remodel and addition to the single-family residence. Project Background The project was originally scheduled for a field trip public hearing on September 20, 2022, but the project was not staked and silhouetted in time, and thus, the field trip had to be cancelled. The evening meeting did proceed and the Planning Commission continued the item to the next meeting on October 18, 2022. However, the applicant was not able to have the site staked and silhouetted in time for the October 18, 2022 field trip and evening Planning Commission meeting so the item was pulled from the agenda. On November 11, 2022, the applicant informed staff that the site had finally been staked and silhouetted. Staff conducted a site visit on November 16, 2022, to confirm. The project was re- noticed for the December 20, 2022 morning field trip and evening Planning Commission meeting. On December 8, 2022, the applicants and owners within 1,000 foot radius of the Property were notified of the December 20, 2022 public hearings by first class mail and a notice was published in the Daily Breeze. Zoning, Location, and Lot Description The Property is zoned RAS-2. The gross lot area is 198,198 square feet (4.6 acres) and net lot area is 139,420 square feet (3.2 acres) in size. The Property includes one main 52,924 square foot building pad that slopes down, and consists of 5 terraced levels. The first level has an existing legal non-conforming 2,072-square-foot guesthouse with a 751-square-foot detached garage. The second level (main residential level) is developed with a 10,543-square- foot single-family residence and attached garage. The third level has a 782-square-foot pool (1st pool). The fourth level has a 160-square-foot pool (2 nd pool), water fountain, and covered patio. The fifth level, is where the future 1,000 square foot stable and corral set aside will be located. The Applicant is proposing to grade and level the northwest corner of parcel and develop it into a recreational building pad (Pad #2). There is an existing ground pathway that starts at the west portion of the main residence, and extends around the perimeter to the rear of the property. There is also an access gate located at the northwest corner of the existing fence that is accessible from Upper Blackwater Canyon Road. The main residence and guesthouse are accessible by a driveway entrance off Upper Blackwater Canyon Road. The main residence is orientated to where the back yard fronts onto Upper Blackwater Canyon Road. The main residence and guesthouse are located on the southern portion of the lot, whereas the proposed tennis court and planter will be located on the northwest portion of the lot. The parcel is an irregular shaped lot and the existing topography of the project site slopes down approximately 78 feet from top elevation of the guesthouse to the lowest portion of the lot where the proposed tennis court will be located. There is a Rolling Hills Community Association (RHCA) Bridal Trail located to the north and south of the parcel. Along the east portion of the parcel, there is a restricted area and flood hazard area, in addition to a bridle trail. The northeast portion of the lot contains a steep slope that is greater than 2:1, so the undeveloped areas for buildable space is limited. As such, the best location for the proposed tennis court is in the northwest corner of the sloped parcel. The proposed location is ideal for the new tennis court because it is undeveloped and will only require the removal of one tree. 13

However, grading is required to level and flatten the recreational building pad. DISCUSSION: Applicant Request The applicant proposes to construct a new tennis court (7,088 square feet) with a maximum 10-foot-high fence in the front yard and front setback. The project also includes a new “Permavoid” planter box (362 square feet) along the northwest side of the tennis court and new concrete stairs (421 square feet) that will lead down to the tennis court from the main residence pad. The proposed tennis court is 120 feet in length and 60 feet in width. Site Plan Review As per Rolling Hills Municipal Code Section 17.46.020.A.2.a, a Site Plan Review (SPR) is required for grading. The Applicant is proposing to grade and flatten the third building pad for recreational use. The proposed 7,088-square-foot tennis court, 362-square-foot planter, and 421 square feet of concrete stairs will require 4,030 cubic yards (CY) of grading: 1,925 CY of cut, 1,050 CY over excavation, 1,050 CY recompaction, and 5 CY of fill. The grading for the proposed project will not be balanced on site and will require export of 1,920 CY (see Development Plans, Attachment No. 2). Conditional Use Permit As per Rolling Hills Municipal Code Section 17.16.210 a Conditional Use Permit is required for construction of a new 7,088-square-foot sports court . Variances Rolling Hills Municipal Code (RHMC) Section 17.16.210(A)(7)(b) states a game court shall not be located in the front yard or any setback; RHMC Section 17.16.210(A)(7)(c) states a game court shall not be located within 50 feet of any paved road; RHMC Section 17.16.210.(A)(7)(h) states when grading is required for a game court, grading shall be balanced on site and shall not exceed 750 CY; RHMC Section 17.16.210(A)(7)(i) states when grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed 10,000 square feet of surface area; and RHMC Section 17.16.070(B) states the maximum disturbed area shall be limited to 40 percent of the net lot area. The west portion of the tennis court requires variances for the encroachment into the front yard area, front setback, and within 50 feet of a paved road. The RHMC Section 17.16.210(A)(7)(b) states a game court shall not be located in the front yard or any setback. The lot size, configuration, easements, setbacks, RHCA Bridle Trail, slopes, restricted areas and together with the existing developments on the lot creates a difficulty in locating the tennis court elsewhere on the property. Therefore, the proposed location is the best to accommodate the sports court, but it has to encroach into the front yard and into the front yard setback by 29 feet. The applicant is requesting relief from the Municipal Code to encroach in the front yard area and front setback. RHMC Section 17.16.210(A)(7)(c) states a game court shall not be located within 50 feet of any paved road. The west side of the tennis court will encroach 13 feet into the paved road 14

along Upper Blackwater Canyon Road. The Applicant is requesting a Variance to encroach 13 feet into the paved road. RHMC Section 17.16.210.(A)(7)(h) states when grading is required for a game court, cutting landfilling shall be balanced on site and shall not exceed 750 CY. The Applicant is proposing to develop the northwest portion of the lot into a building pad (Pad #2) for recreational use. In order to construct the tennis court, planter, and stairs, a total of 4,030 CY will be required for grading. This exceeds the maximum allowable of 750 CY. The Applicant is proposing a total of 4,030 CY, which is an excess of 3,280 CY. In addition, the Municipal Code requires that all dirt be balanced onsite. If the dirt is balanced onsite, then it would cause a significant change to the current terrain and natural contours of the existing slopes. The Applicant is requesting Variances to exceed the maximum required grading quantities to 4,030 CY and export 1,920 CY. RHCA Section 17.16.210(A)(7)(i) states when grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed 10,000 SF of surface area. The Applicant is proposing a total of 13,360 SF of grading area, which exceeds the limit by 3,360 SF. RHMC Section 17.16.070(B) states the maximum disturbed area shall be limited to 40% of the net lot area. The existing disturbed area is 38%, and the Project proposes up to 47.8%, which exceeds the maximum by 7.8%. The applicant is requesting a Variance to exceed the maximum allowable disturbance up to 47.8%. A small portion of the new tennis court will be located within 50 feet of a paved road. Grading for the pro