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2500 Planning - Procedures-Policy for Ensuring Conditional Use Permit Compliancei City 0/ RJf4 Jkf� INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 3-B Mtg. Date: 04/05/00 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: PROCEDURES/POLICY FOR ENSURING CONDITIONAL USE PERMIT COMPLIANCE. DATE: APRIL 5, 2000 Section 17.16.210 of Chapter 17 of the Rolling Hills Municipal Code, specifies conditions for Conditional Use Permits (CUP). A copy of Section 17.16.210 is attached to this staff report. Under that Section, specific conditions are described that must be met for the following conditionally permitted uses: 1) more than one driveway, 2) cabana or detached recreation room, 3) corral grading (no specific conditions), 4) detached garage (no specific conditions), 5) guest house, 6) mixed use structures and 7) recreational game courts. Additionally, certain conditional uses as a primary use on a property are also provided in that section (i.e. Elementary School, Fire Station, etc). Further, when granting a CUP, conditions may be imposed beyond those that are described in the attached Code. Violation of the conditions that were required to receive approval of a CUP can result in revocation of that CUP thereby causing the property owner to lose the privilege to continue the conditionally permitted use/structure on their property. The subject of CUP inspection to ensure compliance with all of the required conditions has been suggested as a topic for discussion this evening. Currently, staff inspects and evaluates compliance with CUP requirements through the landscape plan implementation inspection process. Under this scenario, landscaping is examined by staff two years after it is planted. The landscaping and site are evaluated in terms of its compliance with the plan and whether the conditions imposed under the CUP are met. Primarily, under the CUP process, compliance issues involve the appropriate screening and/or maintenance of landscaping that do not obstruct views from adjoining properties. -1- Pnnted on Recvded Paper. In some cases, the Planning Commission has requested to personally inspect properties following completion of the landscape installation. Additionally, when staff receives complaints from adjoining property owners, we inspect the property to determine compliance with the CUP requirements. RECOMMENDATION It is recommended that members of the City Council and Planning Commission discuss this subject and provide appropriate direction to staff. CRN:mlk cupcompliance.sta 17.16.210 Conditions for conditional use permits. The following minimum conditions shall apply to the use and development of the following conditionally permitted uses. The Planning Commission may impose additional conditions pursuant to Chapter 17.42. A. Conditional Uses Requiring Primary Residential Use. 1. More Than One Driveway. Additional driveways which provide a second or more means of vehicular access from a lot to a maintained street shall be permitted only in the following circumstances: a. The subject property is not developed with a driveway, within fifty feet of a roadway intersection; b. The subject property has frontage on main- tained roadway of not less than two hundred fifty feet; and c. A minimum separationof one hundred feet is maintained between driveways on the same property. 2. Cabana or Detached Recreation Room. No sleep- ing quarters or kitchen or other cooking facilities shall be permitted in cabanas or detached recreation rooms. 3. Corral Requiring Grading. No specific condi- tions shall apply unless conditions are imposed through a discretionary permit review process. 4. Detached Garage. No specific conditions shall apply unless conditions are imposed through a discretionary permit review process. 5. Guest House. a. All guest or servant quarters must be devel- oped on the same recorded lot as themainhouse. b. The building housing the quarters shall not contain more than eight hundred square feet of net floor area. c. No kitchen or other cooking facilities shall be provided within guest or servant quarters. d. The property shall be developed and main- tained in substantial conformance with the approved site plan on file. e. -No vehicular access or paved parking area shall be developed within fifty feet of the proposed guest house or servant quarters. 17.16.210 f. Occupancy of the proposed guest house or . servant quarters shall be limited to persons employed on the premises and their immediate family or by the temporary guests of the occupants of the main residence. No guest may remain in occupancy for more than thirty days in any six-month period. g. Renting of guest houses or servant quarters is prohibited. h. All requirements of this title must be com- plied with unless otherwise set forth in the permit or approved plan. i. A landscaping plan shall be submitted to the City of Rolling Hills Planning Department staff for approv- al. The plan submitted must comply with the purpose and intent of site plan review, as specified in Chapter 17.46 of this title. 6. Mixed Use Structures. A mixed use structure, as defined by this title, shall be subject to the following conditions: a. Vehicular access to the garage or mixed use structure shall not occur within an easement or within twenty-five feet of the side or rear lot line. b. If a portion of the structure is designed or intended to be used for a garage,that portion shall be separated by an interior common wall from the portion of the structure used as a stable, barn, office, study, recre- ational use or other use. The interior common wall shall be constructed in the same manner as found .in attached townhouse construction. No access from the interior of the portion used for a garage to the interior of the portion used for the other use shall be permitted.. c. If a portion of the structure is intended to be used as a stable or barn, that portion of the -structure shall be used exclusively for the purpose of keeping horses or other permitted animals. d. 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 struc- ture. e. A loft area may be constructed only over a stable area of the structure, pursuant to this title and the Building Code. f. Where the garage, stable or any other use that is specified on the approved plan is converted to another use, or if the proportions of any approved use is changed without required approvals, the permit granting the mixed use structure may be revoked, pursuant to Chapter 17.58, and the structure shall be removed at the cost of the property owner. g. If any conditions of the permit are violat- ed, or if any law, statute ,or ordinance is violated, the permit may be revoked and the privileges granted by the 218 (Rolling Hills 5/94) • • 17.16.210 permit 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 days, and further provided that the owner has been given an opportunity for a hearing. 7. Recreational Game Courts. Tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational purposes shall adhere to the following conditions. a. A game court shall not cover so much lot that a legal required stable or corral could not also be provided on the site. b. A game court shall not be located in a front yard. c. A game court shall not be located within fifty feet of any paved road or street easements. d. Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior. e. The construction of the proposed game court shall conform to the lot coverage limitations as set forth in Section 17.16.070. f. A game court shall not be located on slopes exceeding a 2.1 grade, nor shall it be located on the sides or bottoms of canyons or natural drainage courses. g. When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed seven hundred fifty cubic yards. h. The area graded for a game court shall not exceed ten thousand square feet. i. The existing topography, flora, and natural features shall be retained to the greatest extent possible. j. Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer. k. A game court shall be adequately screened on all four sides; such screening shall be composed primarily of landscaping which shall be maintained in a healthy con- dition. Such landscaping shall be approved through the site plan review process pursuant to Chapter 17.46. 1. Landscaping shall not interfere with the viewscape of surrounding properties or easements pursuant to Chapter 17.26. m. Court lighting shall not be permitted. n. Conditions shall be imposed when necessary to ensure that noise does not constitute a nuisance to surrounding properties. B. Conditional Uses As Primary Use. 1. Elementary School Offering State -Mandated Cur- riculum. No specific conditions shall apply unless condi- tions are imposed through a discretionary permit review process. 218-1 (Rolling Hills 5/96) • 17.16.210 2. Fire Station. No specific conditions shall apply unless conditions are imposed through a discretionary permit review process. 3. Gate House. No specific conditions shall apply unless conditions are imposed through a discretionary per- mit review process. 4. Park and/or Playground. No specific conditions shall apply unless conditions are imposed through a discre- tionary permit review process. 5: Public Utility Building. No specific condi- tions shall apply unless conditions are imposed through a discretionary permit review process. 6. Temporary Manufactured Homes or Trailers. Temporary manufactured homes and trailers may be permitted only in cases where an occupied primary residence on a property has been rendered uninhabitable by an active land- slide. Any approval of a conditional use permit for tem- porary living quarters within a manufactured home or trail- er shall be subject to the following conditions and any other conditions which the Planning Commission may require. a. The manufactured home or trailer shall not be placed on a permanent foundation. b. All utilities shall be above -ground and ade- quate above -ground storage tank facilities shall be pro- vided for sewerage; provisions shall be made for the regu- lar pumping of such tank facilities. c. The specific location of the manufactured home or trailer on the property shall be subject to approv- al by the Commission. • e. Placement of the manufactured home or trail- er shall not create a geologic hazard or otherwise be det- rimental to the public health, safety and welfare. f. Conditions shall be imposed to ensure that the visual impact of the manufactured home or trailer is as harmonious as reasonably possible with the neighborhood. g. The applicant shall present facts demon- strating a necessity for temporary alternative living ar- rangements during the pendency of an active landslide. h. The primary residence shall not be occupied while the manufactured home or trailer remains on the prop- erty. Gas and electric utilities shall be disconnected from the primary residence unless the Commission determines otherwise. The manufactured home or trailer may only be occupied by the applicant. i. The owner shall enter into an agreement holding the City harmless for any liability resulting from placement of the manufactured home or trailer on the prop- erty. j. Assurances acceptable to the City shall be received to ensure the removal of the manufactured home or trailer and all appurtenances thereto at the expiration of the permit. (Ord. 239 §11(part), 1993). 218-2 (Rolling Hills 5/94)