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229 Ordinance: Requiring Cup For Det. Garage or Mixed Use StructureORDINANCE NO. 229 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office study, or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty-five feet (25') of the side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such portion shall be separated from the portion of the structure used as a stable, barn, office, study, other recreational use or other use by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior of the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in any portion of the detached garage or mixed use structure. Ordinance No. 229 -1- • • 5. A loft area may be constructed only over a stable area of the structure, pursuant to the Zoning Ordinance and Building Code. 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Section 2. Except as herein amended, Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code shall remain in full force and effect. PASSED AND ADOPTED this 1990. ATTEST: /i4C4(1/. ITY CLERK 17th Ordinance No. 229 -2- day of December MAYOR • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 229 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was passed and adopted by the Rolling Hills City Council on December 17, 1990 by the following vote: AYES: Councilmembers Leeuwenburgh, Murdock, Pernell; Mayor Heinsheimer NOES: None ABSENT: Councilwoman Swanson ABSTAIN: None and in compliance with the laws of California was posted at the following: Administration Offices y Deputy City Clerk Ordinance No. 229 -3- Fa o Rolling Hills City Council Meeting - 12/17/90 OLD BUSINESS A. ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Councilwoman Murdock moved second reading and adoption of Ordinance No. 229, waiving full reading. Councilwoman Leeuwenburgh seconded the motion and it passed unanimously. c rry �au.vc-I j4-1i/'czr�5 12//7/9 7 CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) SS I am a citizen of the United States. I am over the age of eighteen year and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the -mot day of g_ , 19c10, I served the within D a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelop with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: FAXED MAILED DELIVERED Palos Verdes City Attorney Peninsula News Also posted in one public place I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the day of Ec t-IR)Ff , 1910 at Rolling Hills, California. DIANE SAWYER DEPUTY CITY CLERK 1 Lp DATE: r nt oZIJ Cif o/ /t/ /h INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 TELECOPY COVER SHEET TIME SENT: 'eQS TO: C`it`I-1\\N v`J L=Ler Ci FROM: t P tJ C &111/4).1%-1E�L TELEPHONE: OPERATOR: OUR FILE NO. YOUR FILE NO. SUBJECT: (DR- , /22 ` DOCUMENT TELECOPIED: REMARKS • ��S o1Jc� 1a °1 o 1l 1:4[,$-EINS Sk G \P)( SH Ear -r- TOTAL PAGES (including cover sheet) : The City of Rolling Hills uses a Savinfax Model 300 telecopier as its primary telecopier. It is compatible with Group 1, 2 and 3 telecopy machines. If you have difficulty receiving any pages, please telephone our switchboard, at (213) 377-1521. REPLY TO: City of Rolling Hills - Telecopier No. (213) 377-7288 • jle.ee Jh/h INCORPORATED JANUARY 24, 1957 DATE: �-C \�-T TELECOPY COVER SHEET TIME SENT: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377.1521 ln o TO: CI ---"--t \N-C-CL>e- %1 E1 FROM: 1Ah3G SP j - TELEPHONE: OPERATOR: OUR FILE NO. YOUR FILE NO. SUBJECT: DOCUMENT TELECOPIED: REMARKS: TOTAL PAGES (including cover sheet) : J The City of Rolling Hills uses a Savinfax Model 300 telecopier as its primary telecopier. It is compatible with Group 1, 2 and 3 telecopy machines. If you have difficulty receiving any pages, please telephone our switchboard, at (213) 377-1521. REPLY TO: City of Rolling Hills - Telecopier No. (213) 377-7288 S aty /e0f44 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 . Agenda Item No: 4.A Mtg. Date: 12-17-90 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE DATE: DECEMBER 17, 1990 At the City Council meeting of November 26, 1990, a public hearing was held to receive input pertaining to the subject Ordinance. The Ordinance was introduced for first reading, and is before you this evening for adoption. CN:ds } 411 ORDINANCE NO. 229 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AB FOLLOWS: Section 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office study, or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty-five feet (25') of the side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such portion shall be separated from the portion of the structure used as a stable, barn, office, study, other recreational use or other use by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior of the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in any portion of the detached garage or mixed use structure. Ordinance No. 229 -1- • • 5. A loft area may be constructed only over a stable area of the structure, pursuant to the Zoning Ordinance and Building Code. 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Section 2. Except as herein amended, Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code shall remain in full force and effect. 1990. PASSED AND ADOPTED this day of MAYOR ATTEST: CITY CLERK Ordinance No. 229 -2- • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS I certify that the foregoing Ordinance No. 229 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was passed and adopted by the Rolling Hills City Council on , 1990 by the following vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administration Offices Deputy City Clerk Ordinance No. 229 -3- Rollingtills City Council Meeting,_- 11/26/90 IIP r-rs-zo A. Continued Public Hearing for introduction and first reading of the following Ordinance: ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis reported this ordinance would require that a conditional use permit be obtained for construction of any detached garage or mixed use structure. Acting Principal Planner Anne Palatino stated the ordinance, which has been continued from the November 12, 1990 meeting, would allow the Planning Commission to have more scrutiny over the kinds of detached uses on a property, and to add any conditions as necessary. No members of the audience wished to testify on the ordinance. Councilwoman Swanson mentioned that a frequent problem has been that a structure intended as a barn is used in the future for other purposes. She asked if there would be a specific prohibition of glazed windows in barns, and also whether corrals would be required to be in the vicinity of the barns. Ms. Palatino replied that the Planning Commission has been discussing establishing a new minimum required size for stables and corrals, and part of the proposed ordinance will require that corral areas be adjacent to the stables. When passed, this will become part of the municipal code. Councilwoman Murdock said she believes that glazed windows are prohibited only on the second floor of a two-story barn. Staff was requested to look into this and report back to Council at the next meeting. Some typographical errors in Ordinance No. 229 were noted. The second sentence of Paragraph K.2 should be amended to read: There shall be no access from the interior of the portion used for a garage to the interior of the portion used for the other use. Paragraph K.3 should be amended to read: If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. Councilwoman Murdock moved introduction and first reading of Ordinance No. 229. The motion was seconded by Councilwoman Swanson and passed unanimously. Councilwoman Swanson asked what the City's recourse would be if someone who has been granted a conditional use permit and an occupancy permit later modifies or changes the structure in violation of the ordinance. Assistant City Attorney Ennis said his office is aware of this concern and is working to find some means of enforcement other than going to court. PUBLIC HEARINGS A. Introduction and first reading of the following Ordinance: ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Councilwoman Leeuwenburgh suggested consideration of this ordinance be held over until the full Council is present. There was no one present who wished to testify on the matter. At the direction of the City Council members present, the public hearing was opened and continued to the November 26 meeting. C\T-i CovIc\L • Fao eity of I `o/ftn i JQInfd INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (2 3) 377-1521 ms Agenda Ite #(713)34rAds Mtg. Date: 11-26-90 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE DATE: NOVEMBER 26, 1990 At their regular meeting of November 3, 1990, the Planning Commission voted to recommend to the City Council for adoption, a Draft Ordinance pertaining to detached garages and other detached mixed use structures such as, an office, study, recreational use, or other uses not directly related to keeping animals. A Public Hearing was duly noticed for the City Council meeting of November 12, 1990, at which time the hearing was declared open and continued to this evening's meeting. The proposed Ordinance, if adopted, would require a property owner to obtain a Conditional Use Permit for a detached garage or mixed use structure. The Ordinance also sets forth related conditions regarding development standards, including vehicular access and distinct separation of uses within a mixed use structure. The attached Ordinance No. 229 is before you for introduction and first reading at this public hearing of November 12, 1990. RECOMMENDED ACTION: It is recommended that the City Council take public testimony if any, make any amendments if necessary and introduce Ordinance No. 229. AP:ds Submitted by: Anne Palatino, Interim Principal Planner ORDINANCE NO. 229 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office study, or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty-five feet (25') of the side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such portion shall be separated from the portion of the structure used as a stable, barn, office, study, other recreational use or other use by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in any portion of the detached garage or Ordinance No. 229 -1- • , mixed use structure. 5. A loft area may be constructed only over a stable area of the structure, pursuant to the Zoning Ordinance and Building Code. 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Section 2. Except as herein amended, Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code shall remain in full force and effect. 1990. PASSED AND ADOPTED this day of MAYOR ATTEST: CITY CLERK Ordinance No. 229 -2- STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ) ) I certify that the foregoing Ordinance No. 229 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was passed and adopted by the Rolling Hills City Council on 1990 by the following vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administration Offices Deputy City Clerk Ordinance No. 229 -3- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City has determined that additional development standards must be considered to address the growing request for construction of structures detached from the main building and used for a garage or any two or more of the following uses: recreational purposes, an office, study, or other uses not directly related to keeping animals, (hereinafter "mixed use structures"). Section 2. The Planning Commission conducted a duly noticed public hearing on August 21, 1990, September 18, 1990, and October 16, 1990. At said public hearings, the Planning Commission received public testimony, both written and verbal, to consider the requirement of a Conditional Use Permit for a detached garage and detached mixed use structures. Section 3. Based upon the evidence submitted, the Commission recommends that the City Council adopt the proposed Ordinance attached hereto Exhibit "A" requiring a Conditional Use Permit for a detached garage or mixed use structure by adding a new paragraph K as follows to Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code. PASSED, APPROVED AND ADOPTED this 3rd day of November, 1990. Allan Roo erts, Chairman ATTEST: Deputy City Clerk EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office, study or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty-five feet of a side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such portion shall be separated from the portion of the structure used as a stable, barn, office, study, other recreational use or other use by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in any portion of the detached garage or mixed use structure. 5. A loft area may be constructed only over a stable area of the structure, pursuant to the Zoning Ordinance and Building Code. • • 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Section 2. Except as herein amended, Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code shall remain in full force and effect. 1990. PASSED, APPROVED AND ADOPTED this day of ATTEST: Deputy City Clerk 1 Mayor • • City opeolliny INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 Agenda Item #: 3.A. Mtg. Date: 11-12-90 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE DATE: NOVEMBER 12, 1990 At their regular meeting of November 3, 1990, the Planning Commission voted to recommend to the City Council for adoption, a Draft Ordinance pertaining to detached garages and other detached mixed use structures such as, an office, study, recreational use, or other uses not directly related to keeping animals. The proposed Ordinance, if adopted, would require a property owner to obtain a Conditional Use Permit for a detached garage or mixed use structure. The Ordinance also sets forth related conditions regarding development standards, including vehicular access and distinct separation of uses within a mixed use structure. The attached Ordinance No. 229 is before you for introduction and first reading at this public hearing of November 12, 1990. RECOMMENDED ACTION: It is recommended that the City Council take public testimony if any, make any amendments if necessary and adopt Ordinance No. 229. AP:ds Submitted by: Anne Palatino, Interim Principal Planner -1- • • ORDINANCE NO. 229 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office study, or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty-five feet (25') of the side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such portion shall be separated from the portion of the structure used as a stable, barn, office, study, other recreational use or other use by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in any portion of the detached garage or Ordinance No. 229 -1- • • mixed use structure. 5. A loft area may be constructed only over a stable area of the structure, pursuant to the Zoning Ordinance and Building Code. 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (3 0) days. Section 2. Except as herein amended, Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code shall remain in full force and effect. 1990. PASSED AND ADOPTED this day of ATTEST: CITY CLERK Ordinance No. 229 -2- MAYOR • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 229 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was passed and adopted by the Rolling Hills City Council on , 1990 by the following vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administration Offices Deputy City Clerk Ordinance No. 229 -3- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City has determined that additional development standards must be considered to address the growing request for construction of structures detached from the main building and used for a garage or any two or more of the following uses: recreational purposes, an office, study, or other uses not directly related to keeping animals, (hereinafter "mixed use structures"). Section 2. The Planning Commission conducted a duly noticed public hearing on August 21, 1990, September 18, 1990, and October 16, 1990. At said public hearings, the Planning Commission received public testimony, both written and verbal, to consider the requirement of a Conditional Use Permit for a detached garage and detached mixed use structures. Section 3. Based upon the evidence submitted, the Commission recommends that the City Council adopt the proposed Ordinance attached hereto Exhibit "A" requiring a Conditional Use Permit for a detached garage or mixed use structure by adding a new paragraph K as follows to Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code. PASSED, APPROVED AND ADOPTED this 3rd day of November, 1990. Allan Roberts, Chairman ATTEST: Deputy City Clerk • • EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office, study or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty-five feet of a side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such portion shall be separated from the portion of the structure used as a stable, barn, office, study, other recreational use or other use by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in any portion of the detached garage or mixed use structure. 5. A loft area may be constructed only over a stable area of the structure, pursuant to the Zoning Ordinance and Building Code. • • 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Section 2. Except as herein amended, Section 17.16.012 of. Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code shall remain in full force and effect. 1990. PASSED, APPROVED AND ADOPTED this day of ATTEST: Deputy City Clerk 1 Mayor PROOF OF PUBLICATION (20155 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of the Palos Verdes Peninsula News and Rolling Hills Herald a newspaper of general circulation, printed and published semi-weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of flctnhar 1 5 , 1963 , Case Number ; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: all in the year 1990 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Rolling Hills� Estates California, this / day ofcI /SY, 19 90 cf---6645)4- Signature Free copies of this blank form may be secured from California Newspaper Service Bureau, Inc. Advertising Clearing House P.O. Box 31 Los Angeles, CA 90053 (213) 625-2541 Please request GENERAL Proof of Publication when ordering this form. This space is for the County Clerk's Filing Stamp 12 41 gy6_s Proof of Publication of R.H.H. No. 3965 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills will hold a public hearing on Monday, November 12, 1990, at 7:30 p.m., in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California to consider the following: ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDI- TIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE Any person is welcome to review the proposed Ordinance, prior to the public hearing at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 8:00 a.m. to 12:00 noon, and 1:00 p.m. to 4:30 p.m. (closed 12:00 noon to 1:00 p.m.) Monday through Friday. CRAIG R. NEALIS, CITY CLERK Published in the Rolling Hills Herald and Palos Verdes Peninsula News on Nov. 1, 1990. • • Cify (Pelting _AIL INCORPORATED JANUARY 24, 1957 DATE: t O h I o NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 TELECOPY COVER SHEET TIME SENT: 4 / M\CKAE.L_ TO: C\714 s\ \ \b ai =Ku ( \, NA � S FROM: __:\'). •IA�-I 2- TELEPHONE: OPERATOR: OUR FILE NO. YOUR FILE NO. SUBJECT: v�1.�C �C�\\JC c�T� Cw t:(40,Qaci DOCUMENT TELECOPIED: REMARKS: TOTAL PAGES (including cover sheet) : The City of Rolling Hills uses a Savinfax Model 300 telecopier as its primary telecopier. It is compatible with Group 1, 2 and 3 telecopy machines. If you have difficulty receiving any pages, please telephone our switchboard, at (213) 377-1521. REPLY TO: City of Rolling Hills - Telecopier No. (213) 377-7288 DATE: TO: 0/ Allin9 • F a� INCORPORATED JANUARY 24, 1957 TELECOPY COVER SHEET to OD (N TIME SENT: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (213) 377-1521 ^- 0 C v r FROM: TELEPHONE: `1 -7 - S R. I OPERATOR: OUR FILE NO. YOUR FILE NO. SUBJECT: 1\A 1 DOCUMENT TELECOPIED: REMARKS: ��S �� I_1 St -1 C t= 1 t 1 HO SC G TOTAL PAGES (including cover sheet) : 1 The City of Rolling Hills uses a Savinfax Model 300 telecopier as its primary telecopier. It is compatible with Group 1, 2 and 3 telecopy machines. If you have difficulty receiving any pages, please telephone our switchboard, at (213) 377-1521. REPLY TO: City of Rolling Hills - Telecopier No. (213) 377-7288 CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen year and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the 'j\ day of QcTo? , 1910, I served the within C \--\E flNN 1V O7\ c i— a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelop with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: FAXED MAILED DELIVERED Palos Verdes City Attorney Peninsula News City Manager Council Planning Commission Also posted in one public place I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the \3-- day of QCT-c�3isz._ , 19_ at Rolling Hills, California. DIANE SAWYER DEPUTY CITY CLERK •City ol Rolling JUL • INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377.1521 FAX: (213) 377.7288 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills will hold a public hearing on Monday, November 12, 1990, at 7:30 p.m., in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California to consider the following: ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE Any person is welcome to review the proposed Ordinance, prior to the public hearing at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 8:00 a.m. to 12:00 noon, and 1:00 p.m. to 4:30 p.m. (closed 12:00 noon to 1:00 p.m.) Monday through Friday. CRAIG R. NEALIS, CITY CLERK Publish once in the Palos Verdes Peninsula News and the Rolling Hills Herald: Thursday, November 1, 1990 PHN9 PHN-9 • • RESOLUTION NO. 9n-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. The City has determined that additional development standards must be considered to address the growing request for construction of structures detached from the main building and used for a garage or any two or more of the following uses: recreational purposes, an office, study, or other uses not directly related to keeping animals, (hereinafter "mixed use structures"). Section 2. The Planning Commission conducted a duly noticed public hearing on August 21, 1990, September 18, 1990, and October 16, 1990. At said public hearings, the Planning Commission received public testimony, both written and verbal, to consider the requirement of a Conditional Use Permit for a detached garage and detached mixed use structures. Section 3. Based upon the evidence submitted, the Commission recommends that the City Council adopt the proposed Ordinance attached hereto Exhibit "A" requiring a Conditional Use Permit for a detached garage or mixed use structure by adding a new paragraph K as follows to Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code. PASSED, APPROVED AND ADOPTED this 3rd day of November, 1990. Allan Roo erts, Chairman ATTEST: D puty City :. erk EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office, study or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty-five feet of a side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such portion shall be separated from the portion of the structure used as a stable, barn, office, study, other recreational use or other use by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in any portion of the detached garage or mixed use structure. 5. A loft area may be constructed only over a stable area of the structure, pursuant to the Zoning Ordinance and Building Code. • • 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. Section 2. Except as herein amended, Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code shall remain in full force and effect. 1990. PASSED, APPROVED AND ADOPTED this day of ATTEST: Deputy City Clerk 1 Mayor DATE: OCTOBER 9, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: PROPOSED ORDINANCE AMENDINNG THE ZONING ORDINANCE RELATIVE TO "MIXED USE STRUCTURES" DISCUSSION The City Council has directed the Planning Commission to proceed with the public hearing on the matter of a proposed code amendment for mixed use structures. Recently, this matter has been continued by the Commission for lack of a full quorum. The Council has provided the following suggestions for evaluation by the Commission: 1. Reevaluate the legal aspects of an "implied easement" as a separate matter from mixed use structures. The Draft Ordinance previously submitted to the Commission omits reference to an "implied easement". 2. Consider restrictions on the amount of accessory structure area that can be developed on a lot. Suggested may be a form of "floor area:land area" ratio for detached structures. RECOMMENDATION Staff would recommend that the Planning Commission proceed with the public hearing on the matter and recommend the Draft Ordinance to the City Council subject to development of standards to limit floor area of detached structures. mxusord3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office, study, workshop, or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty five feet of a side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such por- tion shall be separated from the portion of the structure used as a stable, barn, office, study, workshop, other recreational use or other use by an interior common wall con- structed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other per- mitted animals. 4. There shall be no sleeping quarters, tempo- rary occupancy, or kitchen/cooking facilities or equipment in any portion of the detached garage or mixed use structure. 4 hp 5. A loft area may be constructed only over a stable area of the structure, pursuant to the Zoning Ordinance and Building Code. 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is vio- lated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (3 0) days. Section 2. Except as herein amended, Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code shall remain in full force and effect. 1989. ATTEST: PASSED AND ADOPTED this day of City Clerk 900711 eh 1680205 (2) -2- 1 Mayor It* STAFF REPORT .**. • DATE: SEPTEMBER 18, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE RELATIVE TO "MIXED USE STRUCTURES" DISCUSSION The City Council has directed the Planning Commission to proceed with the public hearing on the matter of a proposed code amendment for mixed use structures. The Council has provided the following suggestions to the Commission for their evaluation: 1. Reevaluate the legal aspects of an "implied easement" as a matter from mixed use structures. The Draft Ordinance provided has omitted reference to an implied easement. 2. Consider restrictions on the amount of accessory structure can be developed on a lot. Suggested may be a form of "floor area ratio" for detached structures. RECOMMENDATION separate by staff area that area:land Staff would recommend that the Commission proceed with the public hearing discussion and recommend a Draft Ordinance to the City Council. mxusord2 III ** STAFF REPORT **** DATE: AUGUST 14, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: PROPOSED CODE AMENDMENT FOR MIXED USE STRUCTURES DISCUSSION The City Council has directed the Planning Commission to proceed with the public hearing on the matter of a proposed code amendment for mixed use structures. The Council has provided the following suggestions to the Commission for their evaluation: 1. Reevaluate the legal aspects of an "implied easement" as a separate matter from mixed use structures. The Draft Ordinance provided by staff has omitted reference to an implied easement. 2. Consider restrictions on the amount of accessory structure area that can be developed on a lot. Suggested may be a form of "floor area:land area ratio" for detached structures. RECOMMENDATION Staff would recommend that the Commission proceed with the public hearing discussion and recommend a Draft Ordinance to the City Council. mxusord2 • • C14 ofi2 Pii..g JIJh INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the Planning Commission of the City of Rolling Hills will conduct a PUBLIC HEARING, TUESDAY, JULY 17, 1990, at 7:30 P.M., in the City Council Chamber at the Administration Building/City Hall, 2 Portuguese Bend Road, Rolling Hills, for the purpose of receiving public input regarding the following: 1. PROPOSED ORDINANCE AMENDING THE SUBDIVISION ORDINANCE RELATIVE TO VESTING TENTATIVE MAPS 2. PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE RELATIVE TO "MIXED USE STRUCTURES" Public comment, written or oral, is welcomed and invited. Publish in Rolling Hills Herald and Palos Verdes Peninsula News July 7, 1990 SENT QY;k1CHAR !"ATSO LA"2 ; 7-12-90 ; 10:23 ;RICHARDS WATSON LA42-, 3777288; 2 • • O DII.::;;NCr NO. ;-:27,:.- 1"),71 .1 '(-, 1, STRUC,U, f., a� i 1 ' ;7O SENT BY:RIOHARM WATSONL A 2 ; 7-12.97 ; 15:24 ;RICHARDS WATSON LA#2-' 3777288: 3 • "p is>s. s4::t_ _... i_i;,. 1.7, R 3. Building Code. 1990 AT1'cS`.l': owner. _2- n Vile •r - Y Mayor SENT WY:RICHACS » TSON LA'2 ; 7-12-H ; 18;23 ;RICHARDS WATSON LAg2-4 • 3777288: 1 c• i,_fh�rtl t. h�il1'�i LaSANOE-1. 1_:A.TCC,-;,11 . 1.1 G r L. l i'+'.:NO ?. . Atli �� -�1.��', • STAFF REPORT .**• • DATE: JULY 11, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: PROPOSED CODE AMENDMENT FOR MIXED USE STRUCTURES DISCUSSION The Planning Commission's Subcommittee on the matter of "Mixed Use Structures" completed its study and presented their recommendations to the Commission at their regular meeting of June 19, 1990. Subsequently, the Commission reviewed a draft statement of conditions and regulations (attached) prepared by staff for confirmation. Correspondingly, the Commission recommended that all mixed use structures should fall under the category of conditionally permitted uses, subject to discretionary review of the Commission. In turn, the matter was presented to the City Council for review. The Council, at their regular meeting of July 9, 1990, reviewed the statement of conditions and regulations. Their decision was to continue the matter to allow time for each Councilmember to review and comment on the statement. The Council did, however, indicate that their continuance should not whatsoever delay any Commission discussion on a proposed amendment to the Municipal Code. RECOMMENDATION Staff would recommend that the Planning Commission proceed with the public hearing so as to discuss a proposed code amendment addressing "Mixed Use Structures". mixusord ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: $action L. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph X to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office, study, workshop, or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty five feet of a side or rear lot line. 2. if a portion of the structure is designed or intended to be used for a garage, such por- tion shall be separated from the portion of the structure used as a stable, barn, office, study, workshop, other recreational use or other use by an interior common wall con- structed in the same manner as found in attached townhouse construction. There shall be no access from the interior of the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, tempo- rary occupancy, or kitchen/cooking facilities or equipment in Any portion of the structure. • • 5. A loft area may be constructed only over a stable area of the structure, pursuant to the requirements of the Zoning Ordinance and Building Code. 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the coat of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is vio- lated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. PASSED, APPROVED AND ADOPTED this day of , 1990. Mayor ATTEST: City Clerk • -2- 900711 oh 1600205 (2) GLENN R WATSON ROBERT G. BEVERLY HARRY L GERSHON DOUGLAS W. ARGUE MARK L LAMKEN ARNOLD SIMON RICHARD H. D(NEL ERWIN C ADLER DAROLD D. PIEPER FRED A PENSTER THOMAS A. FREIBERG. JR. ALLEN E. RENNET!' STEVEN L DORSEY WILD AM L STRAUSZ MARY L WALKER ROBERT M. GOLDFRIED ANTHONY B. DREWRY MITCHELL E. ABBOTT TIMOTHY L NEUFELD ROBERT F. DE METER GREGORY W. STEPANICICH ROCHE .E BROWNE DONALD STERN MICHAEL JENKINS WILLIAM B. RUDELL DAVID L COHEN TERESA R. TRACY QUINN M. BARROW CAROL W. LYNCH TERRY A. TRUMBULL COLEMAN J. WALSH. JR. JOHN A BELCHER JEMMY A MINN CURTIS L COLEMAN MARSHA JONES MOUTIYE GREGORY M. KUNERT AMANDA P. SUSSKINO SCOTT YAM/ DANIEL P. TORRES THOMAS M. JIMSO MICHELE SEAL SAGNERIS ROBERT G. SOPER ROBERT C. OECCON PAMELA A ALBERS ARIEL PIERRE CALONNE KEVIN G. ENNIS ROSIN D. HARRIS EFMT M. COGAN LAURENCE S. WIENER DAVID P. WARE CYNTHIA M. WALKER CHRISTI HOG1N STEVEN R ORR DEBORAH R. HA)O4AN SCOTT K SHINTANI ANDREA J. GREENBERRG MICHAEL G. OOLANTLIONO JACK S. SHOUCOFF DAVID A. BUCHEN B. TILDEN KSM MEN D. UNGAR SUSAN L MONTOOMERY DARYL T. TEBH IMA RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PROFESSIONAL CORPORATION THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES. CAUFORNIA 90071-148Q (213) 626-8484 TELECOPIER (213) 826-0079 June 29, 1990 Chairman Roberts and Members of the Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Policy Regarding "Mixed Use Structures" RICHARD RICHARDB (19161954) SAN FRANCISCO OFFICE EIGHTEENTH FLOOR 101 CALIFORNIA STREET SAN FRANCFSCO, CALIFORNIA 94111-6821 (416) 966-8484 TELECOPIER (416) 988-8722 OUR FILE NUMBER R6980-001 Dear Chairman Roberts and Members of the Planning Commission: At the June 19, 1990 Planning Commission meeting, the Commission approved a policy for approval of "mixed use struc- tures." For purposes of this letter, I will define a "mixed use structure" as a structure containing areas designed for both garage or storage use, and areas designed for stable or barn use. The Commission's policy was developed by a subcommittee of the Commission starting from a report prepared by Terry Belanger. Attached is a reordered list of the conditions adopted by the Commission. I divided the conditions into two categories: (1) those which the Commission intends to start imposing on pending Site Plan Review applications, and (2) additional conditions which will be imposed once the City's Zoning Ordinance is amended to require persons desiring to construct a mixed use structure to obtain a conditional use permit. The Commission will have to decide at some point whether it desires to treat "mixed use structures" as permitted structures subject to the restrictions embodied in the attached list or whether these structures should be conditionally per- mitted and thus subject to those restrictions and discretionary review by the Commission. The policy adopted by the Commission implies that "mixed use structures" should be subject to a permit RICHARDS, WATSON & GERSHO• Chairman Roberts and Members of the Planning Commission June 29, 1990 Page 2 (presumably a conditional use permit). Part II (C) of the attached list is based upon that interpretation of the Commission's decision. The Commission does not have to give final direction on which method to use (permitted use with restrictions or conditionally permitted use subject to discre- tionary review) at this time, although it may be helpful in further defining your recommendation to the Council. I suggest that the Commission carefully review the attached list at your June 30, 1990 field trip meeting to determine if it accurately reflects your intention and decision. Please provide Ray Hamada with any corrections so that he can incorporate those changes into a report of the Commission which could be presented to the City Council at their meeting on July 16, 1990. The report should ask. the Council to give its comments and suggested changes to the list of conditions so that the Commission can begin to utilize those conditions for Site Plan Review applications involving mixed use structures that may be on the Commission's July 24, 1990 agenda. The next action that you should consider taking at your June 30, 1990 regular adjourned meeting is to set a public hearing for your July 24, 1990 meeting to consider a draft ordinance placing the second group of conditions for "mixed use structures" into the Municipal Code. Until the Municipal Code is amended, buildings proposed as "mixed use structures" which are not subject to site plan review (do not involve either construc- tion of a new separate structure, grading, or the addition of more than 25% of the floor space of an existing structure) will not come before the Commission unless they are part of a larger application subject to Site Plan Review. Only an amendment to the City's Zoning Ordinance will require all "mixed use structures" to comply with these conditions or subject them to both these conditions and discretionary review. The public hearing before the Planning Commission is required because amendments to the City's zoning and planning laws may not be adopted by the City Council until the Planning Commission holds a public hearing on the matter and the Planning Commission makes a recommendation to the City Council. (California Government Code Sections;65853 and 65854.) Our Office will work with Ray to prepare a draft ordinance for presentation at that July 24, 1990 public hearing (if you decide to set the public hearing for that date). RICHARDS, WATSON & GERSHO• Chairman Roberts and Members of the Planning Commission June 29, 1990 Page 3 The report that goes to the City Council on July 16, 1990 should also inform the Council whether or not the Commission decided on June 30, 1990 to set a public hearing on July 24, 1990 to consider an amendment to the Municipal Code regarding "mixed use structures." In the intermediate time before an amendment to the Zoning Ordinance is enacted and becomes effective, the Planning Commission can still impose its list of conditions on those applications which are otherwise subject to its review. The City will just be precluded from having clear authority to impose those same conditions upon "mixed use structures" which are not subject to Site Plan Review approval. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, Kevin G. Ennis Assistant City Attorney KGE:jlw 1680203 Attachment • • RECOMMENDED CONDITIONS AND REGULATIONS FOR APPROVAL OF A STRUCTURE TO BE USED FOR A STABLE/BARN AND GARAGE STRUCTURE ("MIXED USE STRUCTURE") 1. Conditions to be imposed on proposed mixed use structures which come under the requirements of the Site Plan Review Ordinance (pending inclusion of such conditions and restrictions directly into the Zoning Ordinance pursuant to Part II below): A. Vehicular access to the mixed -use structure shall not occur within an easement. Where an easement does not exist, a twenty-five (25) foot easement shall be implied. B. The portion in the structure designed or used for a garage or storage shall be separated from the portion of the structure used as a stable and barn by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage or storage to the interior of the portion used for a barn or stable. C. The stable and barn portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in either the stable or barn portion of the structure or in the garage and storage portion of the structure. D. The loft area of the structure shall be limited only to the area over the stable portion of the structure, pursuant to the Zoning Ordinance and Building Code. II. Conditions or restrictions proposed to be added to the Municipal Code: (A) A requirement that all mixed use structures be per- mitted uses subject to the restrictions of I (A) -(D) above; or (B) A requirement that all mixed use structures be per- mitted uses subject to the restrictions of I (A) -(D) above and subject to Site Plan Review approval; or (C) A requirement that all mixed use structures be con- ditionally permitted uses subject to the restrictions of I (A) -(D) above, discretionary review by the Commission, and the following conditions: • • (1) The Permit for a structure incorporating stable, barn and garage uses shall be void and the privileges granted thereunder shall lapse, if any provisions of the Permit is held or declared to be invalid. (2) It is declared and shall be a condition of the Permit that the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days, if any conditions thereof are violated, or if any law, statute or ordinance is violated. (3) All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with, unless otherwise set forth in the Permit, or shown otherwise on an approved plan. (4) The property shall be developed and maintained in substantial conformance with the site plan on file with the permit approval, marked Exhibit "A", except as otherwise provided in these conditions. (5) Where the garage and stable uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 900629 jlw 1680203 (2) • • Ci4 ol leo PF,.s _AA INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 DATE: July 10, 1990 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: RAY HAMADA, PRINCIPAL PLANNER fAAN SUBJECT: MATTERS FOR ADDITIONAL COUNCIL REVIEW At your regular meeting of July 9, 1990, the Council requested additional time to review the matters regarding the "Abatement of View Impairment" Ordinance and "Mixed Use Structures" Policy. Attached for your review is Ordinance 219 addressing the view regulations. Please refer to Section 8.32.040 (page 2) to address the question regarding the use of a mediator. On the other matter, another copy of the "Mixed Use Structures" memorandum is attached for any suggested amendments. Please feel free to mark the copy with your changes, and pass them along to Councilmember Murdock. This matter will be placed on your next meeting to be held July 23. 4. • ORDINANCE NO. 219 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGULATING VIEWS AND PROVIDING FOR ABATEMENT OF VIEW IMPAIRMENTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Title 8 of the Rolling Hills Municipal Code is amended by adding thereto a new chapter 8.32 to read: Chapter 8.32 ABATEMENT OF VIEW IMPAIRMENT Sections: 8.32.010 8.32.020 8.32.030 8.32.040 8.32.050 8.32.060 8.32.070 8.32.080 8.32.090 Purpose Definitions Committee on Trees Abatement of View Abatement of View Implementation of Enforcement Notice and Views Impairment: Impairment: Restorative Procedure Findings and Decision Action Desirable and Undesirable Trees 8.32.010 Purpose. The General Plan of the City recognizes the contribution of views to the overall character and beauty of the City. Panoramic views of the Pacific Ocean, Catalina Island, city lights and the Los Angeles Harbor are a special quality of property ownership for many residential lots in the City. These views are being diminished or eliminated by maturing landscaping located on private property. The purpose of this Chapter is to protect this important community asset by establishing procedures for the protection and abatement of landscaping view obstructions, while at the same time protecting natural vegetation from indiscriminate removal. • • has been given notice of the impairment and a reasonable oppor- tunity to abate it, and has either failed or refused to do so. B. Upon receipt and acceptance as complete of an application, the City Manager shall refer the matter to a media- tor for conduct of a mediation session to abate the view impair- ment. The mediator shall be responsible for notifying the owner of the vegetation of the application and for scheduling and managing the mediation process. If agreement is reached through mediation, it shall be implemented in accordance with Section 8.32.060 herein. C. In the event that mediation fails to achieve agreement, the matter shall be returned to the City Manager, who shall schedule it for a public hearing before the Committee by giving fifteen (15) days notice of the hearing by certified mail, return receipt requested, to the owner of the tree or other obstructing vegetation, to the complainant, to all property owners within one -thousand (1,000) feet of the exterior boun- daries of the property on which the tree is located, and to other persons who in the Committee's judgment might be affected. The notice shall state the name of the complaining party, the name of the owner and the location of the tree or other vegeta- tion, and the time and place of hearing, and shall invite written comments to be submitted at or before the hearing. The hearing shall not proceed in the absence of proof that the owner of the tree or other vegetation received notice as provided herein. 8.32.050 Abatement of View Impairment: Findings and Decision. A. If a matter is scheduled before it, the Committee shall conduct a public hearing and consider all written and oral testimony and evidence presented in connection with the applica- tion. In the event the Committee requires expert advice in consideration of the matter, the cost of obtaining such advice and assistance shall be borne by the complainant pursuant to a written agreement. B. Based on the evidence received and considered, the Committee may find any of the following: this Chapter; (1) That no view exists within the meaning of (2) That a view exists within the meaning of this Chapter, but that the view is not significantly impaired; or (3) That a view exists within the meaning of this Chapter and that it is significantly impaired. -3- 880515 sas A055.MJ (6) • • D. The implementation method provided for in this section may be modified by the parties or in any final decision if grounds exist to justify such a modification. In particular, the Committee may allocate the cost of restorative action as follows: (a) If the Committee finds that the tree or other vegetation constitutes a safety hazard to the complainant or his property, and is being maintained by the owner in disregard of the safety of others, the owner may be required to pay one - hundred percent (100%) of the cost of correction; or (b) If the owner is maintaining a hedge fifteen (15') feet or more in height, the Committee may allocate the cost of correction, provided that the owner of the land on which the hedge exists shall not be required to pay more than twenty-five percent (25%) of the cost of such correction. 8.32.070 Enforcement. Failure or refusal of any person to comply with a final decision under this Chapter or to comply with any provision of this Chapter shall constitute a misdemeanor and shall be punishable by a fine of $1,000 or six months in County Jail, or both. Failure or refusal of any person to comply with a final decision under this Chapter shall further constitute a public nuisance which may be abated in accordance with the procedure contained in Chapter 8.24 of this Title. A final decision rendered under this Chapter may be enforced civilly by way of action for injunctive or other appropriate relief, in which event the prevailing party may be awarded attorney's fees and costs as determined by the court. Nothing in this Chapter shall preclude the prosecution of any civil cause of action under the law by any person with respect to the matters covered herein. 8.32.080 Notice. The owner on whose property the offending vegetation exists shall notify all successor owners of the final decision in any proceeding under this Chapter and such decision shall be binding upon all such successors in interest. Within thirty (30) days of the final decision an informational covenant shall be recorded against the title of the property on a form provided by the City. 80.32.090 Desirable and Undesirable Trees. The Committee is authorized and directed to prepare lists of types of desirable trees and undesirable trees for planting within the City, based upon their size and shape, rate or growth, depth of roots, fall rate of leaves or bark or fruit or branches, and other factors related to safety, maintenance and appearance. The purpose of the foregoing provision is to make available to property owners information, the use of which may avoid the -5- 880515 sas A055.MJ (6) AGENDA MEMORANDUM DATE: JULY 9, 1990 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: RAY HAMADA, PRINCIPAL PLANNER SUBJECT: POLICY REGARDING "MIXED USE STRUCTURES" The Planning Commission's Subcommittee on the matter of "Mixed Use Structures" has completed its study and presented their recommendations to the Commission at the regular meeting of June 19, 1990. In turn, the Commission would like the City Council's review of the recommended conditions and regulations for approval of a structure to be used for a stable/barn and garage. The Commission is recommending that all mixed use structures fall under the category of conditionally permitted uses, subject to discretionary review of the Commission and conditions attached,if approved. Upon any further comments from the Council, Staff would recommend that the Council direct staff to begin procedural requirements for a proposed amendment to the Municipal Code on this matter. RICHARDS, WATSON & GERSHON OLEIN R WATSON POMMY a SEVSIRY NAIMY L OEILSHON =VOW w. AAMUS MAIM L LAMMN AMMO SYNON MOMS° *4. DM+ML MAW E. ADLSR DAAOLD D. PMPSR MOD A I{NSTI THOMAS A IIMISSIIG. JR ALLEN E. RENNETT ' TIN L OOASSV WILLIAM L MTRMA2 MAR, L WALKUP AMMO' M. OOLDPNW ANTHONY S. WWW W MITCNELL E. AMOTT TMAOTIV L NEVIELD MOWER P. OS METER GAMMON, W. ETSPAMGCN ADCNSLJ.S EAOWPN DONALD MUNN MICPAEL ANIONS WALLAH a IIVOELL DAVID L COMM ✓ ums" R TRACY OLIPa4 M. WW WY MA W A LMUMMA1 COLEMAN J. WALM1. JR JOHN A EELOMEA JVFAEYA RAEM CVIITM L COLEMAN MMMPA JONES MOVTwI GAMOORY *4.RUNSRT AMANDA P. f J I0*4O .coTT WALE CAMOLAWMAM THOMAS M. JMdSO MICIMLE SEAL SAONSAM AOMERT 0 SOPEA IIOWT C. C/OOON PAMSLA A KEENS AAKLPM}IM CALO►MS OWNWOMM ROMN D. MANTIS STINT M. CO0N4 LAVIMNC,S S. WISNEA DAVID P. WM1S CYNTHIA M. WALJOUI CANWT1 NOON STMN R OIM OSSOINN R HMO,NN SCOTT K MPMTAM ANOAEA J. GIIEENSM O MMENAML a OOLANTVONO JACKS. SHO PP DAVID A SVCImoN a TLLDSN IOM SPMIM D. LMOAA SVMN L MONTOOMSRY DARYLT. TSMS MA ATTORNEYS AT LAW A PAOIEMSIONAL OOAPOAAT1pN THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 00071.1400 (213) We -6484 TELECOIMER (213) S2S-007I June 29, 1990 Chairman Roberts and Members of the Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Policy Regarding "Mixed Use Structures" MOMAIID ISOMA S (1S161SSS) SAN IMNCMOO O/FICA IIOHTlEIYTM FLOOR 101 CAUFOMSA STREET SAN FRANCISCO. CAUFORNIA 041114021 (411) SSIIHMS4 TILECOPIER (411) SIS-5722 OUR FILE NUMBER R6980-001 Dear Chairman Roberts and Members of the Planning Commission: At the June 19, 1990 Planning Commission meeting, the Commission approved a policy for approval of "mixed use struc- tures." For purposes of this letter, I will define a "mixed use structure" as a structure containing areas designed for both garage or storage use, and areas designed for stable or barn use. The Commission's policy was developed by a subcommittee of the Commission starting from a report prepared by Terry Belanger. Attached is a reordered list of the conditions adopted by the Commission. I divided the conditions into two categories: (1) those which the Commission intends to start imposing on pending Site Plan Review applications, and (2) additional conditions which will be imposed once the City's Zoning Ordinance is amended to require persons desiring to construct a mixed use structure to obtain a conditional use permit. The Commission will have to decide at some point whether it desires to treat "mixed use structures" as permitted structures subject to the restrictions embodied in the attached list or whether these structures should be conditionally per- mitted and thus subject to those restrictions and discretionary review by the Commission. The policy adopted by the Commission implies that "mixed use structures" should be subject to a permit RICHARD8, WATSON & GERSHP Chairman Roberts and Members of the Planning Commission June 29, 1990 Page 2 (presumably a conditional use permit). Part II (C) of the attached list is based upon that interpretation of the Commission's decision. The Commission does not have to give final direction on which method to use (permitted use with restrictions or conditionally permitted use subject to discre- tionary review) at this time, although it may be helpful in further defining your recommendation to the Council. I suggest that the Commission carefully review the attached list at your June 30, 1990 field trip meeting to determine if it accurately reflects your intention and decision. Please provide Ray Hamada with any corrections so that he can incorporate those changes into a report of the Commission which could be presented to the City Council at their meeting on July 16, 1990. The report should ask the Council to give its comments and suggested changes to the list of conditions so that the Commission can begin to utilize those conditions for Site Plan Review applications involving mixed use structures that may be on the Commission's July 24, 1990 agenda. The next action that you should consider taking at your June 30, 1990 regular adjourned meeting is to set a public hearing for your July 24, 1990 meeting to consider a draft ordinance placing the second group of conditions for "mixed use structures" into the Municipal Code. Until the Municipal Code is amended, buildings proposed as "mixed use structures" which are not subject to site plan review (do not involve either construc- tion of a new separate structure, grading, or the addition of more than 25% of the floor space of an existing structure) will not come before the Commission unless they are part of a larger application subject to Site Plan Review. Only an amendment to the City's Zoning Ordinance will require all "mixed use structures" to comply with these conditions or subject them to both these conditions and discretionary review. The public hearing before the Planning Commission is required because amendments to the City's zoning and planning laws may not be adopted by the City Council until the Planning Commission holds a public hearing on the matter and the Planning Commission makes a recommendation to the City Council. (California Government Code Sections 65853 and 65854.) Our Office will work with Ray to prepare a draft ordinance for presentation at that July 24, 1990 public hearing (if you decide to set the public hearing for that date). • RICHARDS, WATSON & GERSHON Chairman Roberts and Members of the Planning Commission June 29, 1990 Page 3 The report that goes to the City Council on July 16, 1990 should also inform the Council whether or not the Commission decided on June 30, 1990 to set a public hearing on July 24, 1990 to consider an amendment to the Municipal Code regarding "mixed use structures." In the intermediate time before an amendment to the Zoning Ordinance is enacted and becomes effective, the Planning Commission can still impose its list of conditions on those applications which are otherwise subject to its review. The City will just be precluded from having clear authority to impose those same conditions upon "mixed use structures" which are not. subject to Site Plan Review approval. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, Kevin G. Ennis Assistant City Attorney KGE:jlw 1680203 Attachment . • RECOMMENDED CONDITIONS AND REGULATIONS FOR APPROVAL OF A STRUCTURE TO BE USED FOR A STABLE/BARN AND GARAGE STRUCTURE ("MIXED USE STRUCTURE") 1. Conditions to be imposed on proposed mixed use structures which come under the requirements of the Bite Plan Review Ordinance (pending inclusion of such conditions and restrictions directly into the Zoning Ordinance pursuant to Part II below): A. Vehicular access to the mixed -use structure shall not occur within an easement. Where an easement does not exist, a twenty-five (25) foot easement shall be implied. B. The portion in the structure designed or used for a garage or storage shall be separated from the portion of the structure used as a stable and barn by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage or storage to the interior of the portion used for a barn or stable. C. The stable and barn portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in either the stable or barn portion of the structure or in the garage and storage portion of the structure. D. The loft area of the structure shall be limited only to the area over the stable portion of the structure, pursuant to the Zoning Ordinance and Building Code. 11. Conditions or restrictions proposed to be added to the Municipal Code: (A) A requirement that all mixed use structures be per- mitted uses subject to the restrictions of I (A) -(D) above; or (B) A requirement that all mixed use structures be per- mitted uses subject to the restrictions of I (A) -(D) above and subject to Site Plan Review approval; or (C) A requirement that all mixed use structures be con- ditionally permitted uses subject to the restrictions of I (A) -(D) above, discretionary review by the Commission, and the following conditions: - (3) (1) The Permit for a structure incorporating stable, barn and garage uses shall be void and the privileges granted thereunder shall lapse, if any provisions of the Permit is held or declared to be invalid. (2) It is declared and shall be a condition of the Permit that the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days, if any conditions thereof are violated, or if any law, statute or ordinance is violated. All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with, unless otherwise set forth in the Permit, or shown otherwise on an approved plan. (4) The property shall be developed and maintained in substantial conformance with the site plan on file with the permit approval, marked Exhibit "A", except as otherwise provided in these conditions. (5) Where the garage and stable uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 900629 Pit 1680203 (2) • • AGENDA MEMORANDUM DATE: JULY 9, 1990 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: RAY HAMADA, PRINCIPAL PLANNER SUBJECT: POLICY REGARDING "MIXED USE STRUCTURES" The Planning Commission's Subcommittee on the matter of "Mixed Use Structures" has completed its study and presented their recommendations to the Commission at the regular meeting of June 19, 1990. In turn, the Commission would like the City Council's review of the recommended conditions and regulations for approval of a structure to be used for a stable/barn and garage. The Commission is recommending that all mixed use structures fall under the category of conditionally permitted uses, subject to discretionary review of the Commission and conditions attached,if approved. Upon any further comments from the Council, Staff would recommend that the Council direct staff to begin procedural requirements for a proposed amendment to the Municipal Code on this matter. RICHARDS, WATSON & GERSHON MINN R WATSON JEFFREY A. MEIN ROIERRT 0. BEVERLY CURT* L COLEMAN HARRY L OERMION MARSHA JONES MOU RIE DOUOW W. ARGUE 0RE0ORY M. KUNER1 MARK L WAKEN AMANDA P. SUSSKIND ARNOLD SIMON SCOTT WEISLE RICHARD H. DOWEL DANIEL P. TOMES ERWIN C ADLER THOMAS M. JIMSO DAROLD D. PREFER MICHELE SEAL SAONERIS PIPED & FENSTER ROSERT 0. SORER THOMAS A. PREISERO, JR. ROBERT C. CSCCON AU.EN E. RENNETT PAMELA A. AMMO STAN L DORRSSY ABEL PIEMO CALCNNE WILLIAM L ITTRAUSZ KEVIN O. ENNIS MARY L WALKER ROSIN 0. HARMS POSSRT M. OOLDPRIED SPRAT M. COOAN ANTHONY S. DREWRY LAURENCE I. WIENER MITCHELL E. ASIOTT DAVID P. WAITS TMOTHY L. NEUPELD CYNTHIA M. WAUQR ROBERT P. OE METER CHRISTI 1400114 GREGORY W. STEPANICICH STEVEN R. OM ROCHELLE IROWNE DEBORAH R HAKMAN DONALD STERN SCOTT K SHINTANI MICNAIL JENKINS ANDREA J. GREENBERO WR11AM S. IPUOEU. MICHAEL 0. COLANTLIONO DAVID L. COHEN JACK I. 5HOLKOFP TERESA R TRACY DAVID A. SUCHEN OUNN M. $MOW 5. TILDEN KM CAROL W. LYNCH SHERI 0. UNOAPI TERRY A. TRUMBUU. SUSAN L MONTGOMERY COLEMAN J. WALSH. JR DARYL T. TENIMA JOHN A. BEECHEN ATTORNEYS AT LAW A PROPWSSIONAL OORPO11ATION THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 00071.1485 (213) 826.8484 TELECOPIER (213) 026-0075 June 29, 1990 Chairman Roberts and Members of the Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Policy Regarding "Mixed Use Structures" RICHARC RICHAms (1510.1500) SAN PMNCISCO OFFICE EIGHTEENTH FLOOR 101 CALIFORNIA STREET SAN FRANCISCO. CAUFORNIA 04111.0521 (415) 500-0454 TELECOPIER (415) 000.0722 OUR FILE NUMBER R6980-001 Dear Chairman Roberts and Members of the Planning Commission: At the June 19, 1990 Planning Commission meeting, the Commission approved a policy for approval of "mixed use struc- tures." For purposes of this letter, I will define a "mixed use structure" as a structure containing areas designed for both garage or storage use, and areas designed for stable or barn use. The Commission's policy was developed by a subcommittee of the Commission starting from a report prepared by Terry Belanger. Attached is a reordered list of the conditions adopted by the Commission. I divided the conditions into two categories: (1) those which the Commission intends to start imposing on. pending Site Plan Review applications, and (2) additional conditions which will be imposed once the City's Zoning Ordinance is amended to require persons desiring to construct a mixed use structure to obtain a conditional use permit. The Commission will have to decide at some point whether it desires to treat "mixed use structures" as permitted structures subject to the restrictions embodied in the attached list or whether these structures should be conditionally per- mitted and thus subject to those restrictions and discretionary review by the Commission. The policy adopted by the Commission implies that "mixed use structures" should be subject to a permit Y 1. RICHARDS, WATSON & OERSHOO • Chairman Roberts and Members of the Planning Commission June 29, 1990 Page 2 (presumably a conditional use permit). Part II (C) of the attached list is based upon that interpretation of the Commission's decision. The Commission does not have to give final direction on which method to use (permitted use with restrictions or conditionally permitted use subject to discre- tionary review) at this time, although it may be helpful in further defining your recommendation to the Council. I suggest that the Commission carefully review the attached list at your June 30, 1990 field trip meeting to determine if it accurately reflects your intention and decision. Please provide Ray Hamada with any corrections so that he can incorporate those changes into a report of the Commission which could be presented to the City Council at their meeting on July 16, 1990. The report should ask the Council to give its comments and suggested changes to the list of conditions so that the Commission can begin to utilize those conditions for Site Plan Review applications involving mixed use structures that may on the Commission's July 24, 1990 agenda. The next action that you should consider taking at your June 30, 1990 regular adjourned meeting is to set a public hearing for your July 24, 1990 meeting to consider a draft ordinance placing the second group of conditions for "mixed use structures" into the Municipal Code. Until the Municipal Code is amended, buildings proposed as "mixed use structures" which are not subject to site plan review (do not involve either construc- tion of a new separate structure, grading, or the addition of more than 25% of the floor space of an existing structure) will not come before the Commission unless they are part of a larger application subject to Site Plan Review. Only an amendment to the City's Zoning Ordinance will require all "mixed use structures" to comply with these conditions or subject them to both these conditions and discretionary review. The public hearing before the Planning Commission is required because amendments to the City's zoning and planning laws may not be adopted by the City Council until the Planning Commission holds a public hearing on the matter and the Planning Commission makes a recommendation to the City Council. (California Government Code Sections 65853 and 65854.) Our Office will work with Ray to prepare a draft ordinance for presentation at that July 24, 1990 public hearing (if you decide to set the public hearing for that date). • RICHARDS, WATSON & GERSHON • Chairman Roberts and Members of the Planning Commission June 29, 1990 Page 3 The report that goes to the City Council on July 16, 1990 should also inform the Council whether or not the Commission decided on June 30, 1990 to set a public hearing on July 24, 1990 to consider an amendment to the Municipal Code regarding "mixed use structures." In the intermediate time before an amendment to the Zoning Ordinance is enacted and becomes effective, the Planning Commission can still impose its list of conditions on those applications which are otherwise subject to its review. The City will just be precluded from having clear authority to impose those same conditions upon "mixed use structures" which are not subject to Site Plan Review approval. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, Kevin G. Ennis Assistant City Attorney KGE : j lw 1680203 Attachment • • RECOMMENDED CONDITIONS AND REGULATIONS FOR APPROVAL OF A STRUCTURE TO BE USED FOR A STABLE/BARN AND GARAGE STRUCTURE ("MIXED USE STRUCTURE") I. Conditions to be imposed on proposed mixed use structures which come under the requirements of the Site Plan Review Ordinance (pending inclusion of such conditions and restrictions directly into the Zoning Ordinance pursuant to Part II below): A. Vehicular access to the mixed -use structure shall not occur within an easement. Where an easement does not exist, a twenty-five (25) foot easement shall be implied. B. The portion in the structure designed or used for a garage or storage shall be separated from the portion of the structure used as a stable and barn by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage or storage to the interior of the portion used for a barn or stable. C. The stable and barn portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in either the stable or barn portion of the structure or in the garage and storage portion of the structure. D. The loft area of the structure shall be limited only to the area over the stable portion of the structure, pursuant to the Zoning Ordinance and Building Code. 11. Conditions or restrictions proposed to be added to the Municipal Code: (A) A requirement that all mixed use structures be per- mitted uses subject to the restrictions of I (A) -(D) above; or (B) A requirement that all mixed use structures be per- mitted uses subject to the restrictions of I (A) -(D) above and subject to Site Plan Review approval; or (C) A requirement that all mixed use structures be con- ditionally permitted uses subject to the restrictions of I (A) -(D) above, discretionary review by the Commission, and the following conditions: • (1) The Permit for a structure incorporating stable, barn and garage uses shall be void and the privileges granted thereunder shall lapse, if any provisions of the Permit is held or declared to be invalid. (2) It is declared and shall be a condition of the Permit that the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days, if any conditions thereof are violated, or if any law, statute or ordinance is violated. (3) All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with, unless otherwise set forth in the Permit, or shown otherwise on an approved plan. (4) The property shall be developed and maintained in substantial conformance with the site plan on file with the permit approval, marked Exhibit "A", except as otherwise provided in these conditions. (5) Where the garage and stable uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 900629 Jlw 1680203 (2) RICHARDS, WATSON & GERSHON GLENN R WATSON ROBERT O. BEVERLY HARRY L GERSHON DOUGLAS W. ARGUE MARK L LAMKEN ARNOLD BIMON RICHARD H. DINEL ERWIN E. ADLER DAROLD D. PIEPER FRED A. FENSTER THOMAS A. FREIBERG. JR. ALLEN E. RENNETT STEVEN L DORSEY WILLIAM L BTRAUSZ MARY L WALKER ROBERT M. OOLDFRIED ANTHONY B. DREWRY MITCHELL E. ABBOTT TIMOTHY L NEUFELD ROBERT F. DE METER GREGORY W. STEPANICICH ROCHELLE BROWNE DONALD STERN MICHAEL JENKINS WILLIAM B. RUDELL DAVID L COHEN TERESA R. TRACY QUINN M. BARROW CAROL W. LYNCH TERRY A. TRUMBULL COLEMAN J. WALSH. JR. JOHN A. BELCHER JEFFREY A. RABIN CURTIS L COLEMAN MARSHA JONES MOUTRIE GREGORY M. KUNERT AMANDA F. BUSSKIND SCOTT WEIBLE DANIEL P. TORRES THOMAS M. JIMBO MICHELE BEAL BAONERIS ROBERT O. ROPER ROBERT C. CECCON PAMELA A. ALBERS ARIEL PIERRE CALONNE KEVIN O. ENNIS ROBIN D. HARRIS EFRAT M. COGAN LAURENCE B. WIENER DAVID P. WAITE CYNTHIA M. WALKER CHRISTI HOGIN STEVEN R. ORR DEBORAH R HAKMAN SCOTT K BHINTANI ANDREA J. OREENBERO MICHAEL O. OOLANTUOVO JACK B. SHOL KOFF DAVID A. BUCHEN B. TILDEN KIM SHERI D. UNGAR SUSAN L MONTGOMERY DARYL T. TEBHIMA ATTORNEYS AT LAW A PROFESSIONAL. CORPORATION THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071-1469 (213) 628-8484 TELECOPIER (213) 626-0078 June 29, 1990 Chairman Roberts and Members of the Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Policy Regarding "Mixed Use Structures" Dear Chairman Roberts and Members of the Planning Commission: RICHARD RICHARDS (1916-1988) SAN FRANCISCO OFFICE EIGHTEENTH FLOOR 101 CALIFORNIA STREET SAN FRANCISCO. CALIFORNIA 94111.5821 (415) 956-8484 TELECOPIER (418) 986-8722 OUR FILE NUMBER R6980-001 At the June 19, 1990 Planning Commission meeting, the Commission approved a policy for approval of "mixed use struc- tures." For purposes of this letter, I will define a "mixed use structure" as a structure containing areas designed for both garage or storage use, and areas designed for stable or barn use. The Commission's policy was developed by a subcommittee of the Commission starting from a report prepared by Terry Belanger. Attached is a reordered list of the conditions adopted by the Commission. I divided the conditions into two categories: (1) those which the Commission intends to start imposing on pending Site Plan Review applications, and (2) additional conditions which will be imposed once the City's Zoning Ordinance is amended to require persons desiring to construct a mixed use structure to obtain a conditional use permit. The Commission will have to decide at some point whether it desires to treat "mixed use structures" as permitted structures subject to the restrictions embodied in the attached list or whether these structures should be conditionally per- mitted and thus subject to those restrictions and discretionary review by the Commission. The policy adopted by the Commission implies that "mixed use structures" should be subject to a permit RICHARDS, WATSON & GERS . Chairman Roberts and Members of the Planning Commission June 29, 1990 Page 2 (presumably a conditional use permit). Part II (C) of the attached list is based upon that interpretation of the Commission's decision. The Commission does not have to give final direction on which method to use (permitted use with restrictions or conditionally permitted use subject to discre- tionary review) at this time, although it may be helpful in further defining your recommendation to the Council. I suggest that the Commission carefully review the attached list at your June 30, 1990 field trip meeting to determine if it accurately reflects your intention and decision. Please provide Ray Hamada with any corrections so that he can incorporate those changes into a report of the Commission which could be presented to the City Council at their meeting on July 16, 1990. The report should ask the Council to give its comments and suggested changes to the list of conditions so that the Commission can begin to utilize those conditions for Site Plan Review applications involving mixed use structures that may be on the Commission's July 24, 1990 agenda. The next action that you should consider taking at your June 30, 1990 regular adjourned meeting is to set a public hearing for your July 24, 1990 meeting to consider a draft ordinance placing the second group of conditions for "mixed use structures" into the Municipal Code. Until the Municipal Code is amended, buildings proposed as "mixed use structures" which are not subject to site plan review (do not involve either construc- tion of a new separate structure, grading, or the addition of more than 25% of the floor space of an existing structure) will not come before the Commission unless they are part of a larger application subject to Site Plan Review. Only an amendment to the City's Zoning Ordinance will require all "mixed use structures" to comply with these conditions or subject them to both these conditions and discretionary review. The public hearing before the Planning Commission is required because amendments to the City's zoning and planning laws may not be adopted by the City Council until the Planning Commission holds a public hearing on the matter and the Planning Commission makes a recommendation to the City Council. (California Government Code Sections65853 and 65854.) Our Office will work with Ray to prepare a draft ordinance for presentation at that July 24, 1990 public hearing (if you decide to set the public hearing for that date). RICHARDS, WATSON & GERS . Chairman Roberts and Members of the Planning Commission June 29, 1990 Page 3 The report that goes to the City Council on July 16, 1990 should also inform the Council whether or not the Commission decided on June 30, 1990 to set a public hearing on July 24, 1990 to consider an amendment to the Municipal Code regarding "mixed use structures." In the intermediate time before an amendment to the Zoning Ordinance is enacted and becomes effective, the Planning Commission can still impose its list of conditions on those applications which are otherwise subject to its review. The City will just be precluded from having clear authority to impose those same conditions upon "mixed use structures" which are not subject to Site Plan Review approval. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, Kevin G. Ennis Assistant City Attorney KGE : j lw 1680203 Attachment •� o• RECOMMENDED CONDITIONS AND REGULATIONS FOR APPROVAL OF A STRUCTURE TO BE USED FOR A STABLE/BARN AND GARAGE STRUCTURE ("MIXED USE STRUCTURE") 1. Conditions to be imposed on proposed mixed use structures which come under the requirements of the Site Plan Review Ordinance (pending inclusion of such conditions and restrictions directly into the Zoning Ordinance pursuant to Part II below): A. Vehicular access to the mixed -use structure shall not occur within an easement. Where an easement does not exist, a twenty-five (25) foot easement shall be implied. B. The portion in the structure designed or used for a garage or storage shall be separated from the portion of the structure used as a stable and barn by an interior common wall constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior the portion used for a garage or storage to the interior of the portion used for a barn or stable. C. The stable and barn portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment in either the stable or barn portion of the structure or in the garage and storage portion of the structure. D. The loft area of the structure shall be limited only to the area over the stable portion of the structure, pursuant to the Zoning Ordinance and Building Code. II. Conditions or restrictions proposed to be added to the Municipal Code: (A) A requirement that all mixed use structures be per- mitted uses subject to the restrictions of I (A) -(D) above; or (B) A requirement that all mixed use structures be per- mitted uses subject to the restrictions of I (A) -(D) above and subject to Site Plan Review approval; or (C) A requirement that all mixed use structures be con- ditionally permitted uses subject to the restrictions of I (A) -(D) above, discretionary review by the Commission, and the following conditions: (1) The Permit for a structure incorporating stable, barn and garage uses shall be void and the privileges granted thereunder shall lapse, if any provisions of the Permit is held or declared to be invalid. (2) It is declared and shall be a condition of the Permit that the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days, if any conditions thereof are violated, or if any law, statute or ordinance is violated. (3) All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with, unless otherwise set forth in the Permit, or shown otherwise on an approved plan. (4) The property shall be developed and maintained in substantial conformance with the site plan on file with the permit approval, marked Exhibit "A", except as otherwise provided in these conditions. (5) Where the garage and stable uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 900629 jlw 1680203 (2) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: ,$ect on 1. Section 17.16.012 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding a new paragraph K to read as follows: K. A structure detached from the main building and used for a garage or any two or more of the following uses: garage, keeping horses or other permitted animals, other recreational purposes, an office, study, workshop, or other uses not directly related to keeping animals, (hereinafter "mixed use structures") provided that the detached garage or mixed use structure complies with the following minimum conditions: 1. Vehicular access to the garage or mixed -use structure shall not occur within an easement or within twenty five feet of a side or rear lot line. 2. If a portion of the structure is designed or intended to be used for a garage, such por- tion shall be separated from the portion of the structure used as a stable, barn, office, study, workshop, other recreational use' or other use by an interior common wall con- structed in the same manner as found in attached townhouse construction. There shall be no access from the interior of the portion used for a garage to the interior of the portion used for the other use. 3. If a portion of the structure is intended to be used as a stable or barn, such portion of the structure shall be used exclusively for the purpose of keeping horses or other permitted animals. 4. There shall be no sleeping quarters, tempo- rary occupancy, or kitchen/cooking facilities or equipment in any portion of the structure. • 5. A loft area may be constructed only over a stable area of the structure, pursuant to the requirements of the Zoning Ordinance and Building Code. 6. Where the garage, stable or other uses that are specified on the plan are converted to another use or if the proportions of the approved uses are changed, without required approvals pursuant to the Zoning Ordinance, the permit granting the mixed -use structure shall automatically lapse, and, the structure shall be removed at the cost of the property owner. 7. If any conditions of the permit are violated, or if any law, statute or ordinance is vio- lated, the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. PASSED, APPROVED AND ADOPTED this day of _, 1990. Mayor ATTEST: City Clerk 1 -2- 900711 eh 1680205 (2) TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: DRAFT POLICY STATEMENT - CONDITIONS OF APPROVAL FOR MIXED -USE STRUCTURES (PERMITTED), INCORPORATING STABLE/BARN AND GARAGE USES While a complete list of conditions cannot be recommended until a public hearing has been held, all testimony has been taken and Planning Commission deliberations have been concluded, the list of conditions set forth hereinafter pertaining to mixed -use structures (permitted), which incorporate stable/barn and garage uses into a single structure, are provided as those that are suggested for inclusion in a conditional approval: 1. This Site Plan Review Permit shall not be effective for any purpose until the owner of the property involved, or his duly authorized representative, has filed with the City Clerk of the City of Rolling Hills an affidavit stating that he is aware of and agrees to comply with all the conditions of the Permit. 2. It is the intent of the Planning Commission that the permit shall be void and the privileges granted thereunder shall lapse, if any provision of the Permit is held or declared to be invalid. 3. It is declared and shall be a condition of the Permit that the Permit shall be suspended and the privileges granted thereunder shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days; if any conditions thereof are violated, or if any law, statute or ordinance is violated. 4. All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with, unless otherwise set forth in the Permit, or shown otherwise on an approved plan. 5. The property shall be developed and maintained in substantial conformance with the site plan on file, marked Exhibit "A", except as otherwise provided in these conditions. MIXED -USE CONDITIONS PAGE TWO 6. Vehicular Access: A. Vehicular access to the mixed -use structure, where the garage use is a principal use, cannot be within an easement, except where such principal garage access has already been established to the mixed -use structure. The number of vehicle may be limited, by condition. B. Vehicular access to the mixed -use structure, where the garage use is accessory to the stable/barn use, can be accessed by an easement on an occasional use basis (2 or 3 trips per week). The easement shall not be graded or otherwise improved, without the express written consent of the Rolling Hills Community Association. C. Where an easement does not exist, a twenty-five (25) foot easement shall be implied. 7. Where the mixed -uses are both to be principal uses, each within the same structure, the two uses shall be constructed as separate buildings, albeit attached. The interior common wall shall be constructed in the same manner as found in attached townhouse construction. There shall be no access from the interior of one structure into the interior of the other structure. 8. The stable/barn structure shall be used exclusively for purpose of keeping horses or other permitted animals. There shall be no sleeping quarters, temporary occupancy, or kitchen/cooking facilities or equipment. Under no circumstance shall a request for conversion of either or both of the mixed -uses to any other use be considered for approval.