9AOgeftiiri INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310)377-1521
FAX (310) 377-7288
Agenda Item No: 9A
Mtg. Date: 3/17/ 2015
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 873 - Zoning Ordinance Text Amendment,
ZONING CASE NO. 874 - CUP
SITE LOCATION: 20 Outrider Road (Lot 78 -EF)
ZONING AND SIZE: RA -S-1
APPLICANT: JOHN RICH
REPRESENTATIVE: GREG GEORGE, STUDIO GWG
NOTICE PUBLISHED: MARCH 5, 2015
ZONING CASE 873 - ZONING ORDINANCE AMENDMENT (AVIARIES)
REQUEST AND RECOMMENDATION
1. A request to amend the zoning regulations in the Municipal Code that apply to the
development of aviaries in Rolling Hills (Zoning Case 873) has been filed by John Rich,
property owner of 20 Outrider Road concurrent with a Conditional Use Permit (Zoning Case
874).
It is recommended that the Planning Commission review the staff report, open the
public hearing, accept public testimony and schedule a field trip to the site concurrent
with the related Zoning Ordinance Amendment.
BACKGROUND
2. Under the current zoning code (RHMC 17.18.070) aviaries that exceed 200 square feet
require approval of a Conditional Use Permit and are subject to a number of criteria or
requirements. The first criterion is that a minimum lot size of five acres is required if the
aviary is to be larger than 200 square feet. The applicant proposes to construct a 338 square
foot aviary on his property that is 3.88 acres in size, which is 1.12 acres less than the minimum
required lot area. The applicant requests no other changes in the code other than the minimum
site requirement for aviaries that exceed 200 square feet.
ZC NO. 874 11
OPTIONS
3. The applicant is not eligible to apply for a Variance from the existing aviary standards
instead of a Zoning Ordinance Text Amendment because the requirement for a minimum of
five acres in effect defines an allowed use on residential properties, the use being bird keeping
in large aviaries. Under state planning law, cities do not have the authority to grant a use
variance.
Procedurally, code amendments are brought before the Planning Commission, which after
conducting a public hearing will make a recommendation to the City Council in the form of a
Resolution. The City Council will conduct a public hearing to consider the Planning
Commission's recommendation and if the Council decides to change the code, adopts an
Ordinance that becomes effective 30 days after final action by the Council.
In terms of changing the aviary code, the Planning Commission, subject to public input, has
two basic options in making a recommendation to the City Council: 1) make no change, which
would require that the applicant downsize his aviary by 138 square feet, or 2) change the
minimum requirement for allowing over 200 square foot aviary from 5 acres to a smaller lot
size. A change to a minimum of 3.5 acres or less would enable the applicant to develop his
proposal subject to approval of a CUP.
CONCLUSION
4. Mr. John Rich has requested that the existing regulations for aviaries on properties
throughout the City be expanded to allow larger aviaries (greater than 200 square feet) to be
permitted on lots smaller than 5 acres, subject to a Conditional Use Permit. This request is
submitted concurrent with an application for a CUP for a 338 square foot aviary.
ZONING CASE 874 - CUP FOR AVIARY
REQUEST AND RECOMMENDATION
1. The applicant, Mr. John Rich, requests a Conditional Use Permit to construct a
338.37 square foot aviary and adjoining 358.4 square foot koi pond on his property
which is 3.88 acres in size. The subject property is zoned RA -S-1 (Residential Suburban
Agricultural - 1 acre minimum lot size) and is located at 20 Outrider Road. The
proposed aviary and koi pond are to be located within the main outdoor living area on
the primary building pad, next to the existing pool. The proposed aviary is subject to a
Conditional Use Permit (CUP) because it exceeds 200 square feet (RHMC 17.17.050).
2. Under the current applicable zoning regulations, aviaries greater than 200 square
feet in area are prohibited on lots that are less than five acres in size. The applicant
accordingly has also filed an application for a Zoning Ordinance Text Amendment to
change the lot size requirement throughout the City so that aviaries larger than 200
ZC 873-874 -2-
square feet would be allowed on lots smaller than five acres, still with a requirement for
a Conditional Use Permit.
It is recommended that the Planning Commission review the staff report, open the
public hearing, accept public testimony and schedule a field trip to the site concurrent
with the related Zoning Ordinance Amendment.
BACKGROUND
3. The subject property is zoned RAS -1 and has a gross lot area of 3.88 acres
(excluding the roadway easement). The property is comprised of two lots that were
combined in 1989 to form a single parcel (Zoning Case 382). The net lot area, as
calculated for development purposes, is 152,378 square feet (3.49 acres). The lot is
located along the Outrider Road cul-de-sac and has a narrow and irregular roadway
easement frontage. The rear of the property to the east is comprised of a steep slope
area that borders the City of Rancho Palos Verdes.
4. The subject property is currently developed with two development pads. On the
residential pad there is a 6,195 square foot residence, 1,062 square foot garage, 1,541
square feet of attached porches, 720 square foot swimming pool/spa, and accessory
structures including an 82 square foot gazebo, 110 square foot barbeque,110 square foot
mechanical equipment vault, 94 square foot service yard and 27 square foot fireplace.
On a second pad there is a large paved rectangular area that was denied for use as a
sport court in 1993 but was subsequently approved as a parking area (respectively
Zoning Cases 496 and 508). One thousand square feet on the lot is set aside for a future
stable and corral.
No grading is proposed with this project. The area where the koi pond and aviary are
to be located is already graded and improved as a putting green, and is suitable for the
proposed structures.
MUNICIPAL CODE COMPLIANCE
5. Aviaries larger than 200 square feet are currently permitted subject to a CUP, on
sites minimally 5 acres in area. Approval of the aviary CUP is subject to approval of the
concurrently filed Code Amendment.
6. The net lot area of the lot is 152,378 square feet. 'rhe structural lot coverage is
proposed to be 11,320 square feet or 7.4% of the net lot area (20% maximum permitted).
Total lot coverage, including structures, driveways, and all other paved areas, with
permitted exclusions, is proposed to be 21,339 square feet or 14% of the net lot area
(35% maximum permitted).
7. The residential building pad is 27,185 square feet. Its pad coverage will be 9,936.15
square feet, or 36.55%. The paved parking area pad is not improved with any structures.
ZC 873-874 3
8. In reviewing the subject development application the Planning Commission must
consider whether the proposed project meets the criteria in the Zoning Ordinance for
approval of a CUP. The applicant's representative states that the development of an
aviary and koi pond as proposed is compatible with similar types of features being built
in the City, except that the aviary is somewhat larger.
With the exception of the size of the lot (3.88 acres as opposed to 5 acres) the project meets
all of the City's applicable requirements for aviaries including the maximum height (will
not exceed 16 feet in height), slope (not in an area where slope exceeds 4:1) and location
(not in front yard or rear setback, and not within 25 feet of side property line and 25 feet
from a roadway easement and minimum 35 feet from a residential structure on the same
lot and 100 feet from a residential structure on an adjoining lot). The proposed aviary
will, at the closest point, be 200 feet from a residence on an adjoining property and 35 feet
from the applicant's home.
The proposed pad coverage (36.55 sq. ft.) is somewhat higher than the 30% guideline
established by the Planning Commission, but this amount is compatible with the
surrounding community.
9. The applicant will apply for approval from the RHCA Architectural Committee at
a later date.
CONCLUSION
10. Other than the minimum lot area required, the proposed aviary meets all zoning
criteria and requirements. The subject proposal has been noticed to the public including
surrounding property owners within 1000 feet of the project, and to date no comments
have been received by staff.
ZONING CASE NO. 874 (CUP -AVIARY)
CODE CRITERIA
RA -S-1 Zone Setbacks: ! Residence, garage, pool
Front: 50 ft. from front easement
Side: 20 ft. from property line
Rear: 50 ft. from property line
Structures- CUP req'd for aviary
EXISTING
ZC 873-874
PROPOSED
Residence, garage, pool,
aviary and koi pond
Residence
6,195 sq.ft.
Residence
6,195 sq.ft.
Garage
1,062 sq.ft.
Garage
1,062 sq.ft.
Swim Pool/spa
791 sq.ft.
Swim Pool/ spa
791 sq.ft.
Stable -future
450 sq.ft.
Stable -future
450 sq.ft.
Service Yard
94 sq.ft.
Service Yard
94 sq.ft.
Att. Porch/house
1,541 sq.ft.
Att. Porch/house
1,541 sq.ft.
Sbq +Fire place
137 sq.ft.
Sbq +Fire place
137 sq.ft.
Gazebo
82 sq.ft.
Gazebo
82 sq.ft.
-4-
Mech, vault
110 sq.ft.
Water feature
297 sq.ft.
TOTAL
10,759 sf.
Less exclusions
10,327 sf.
Aviary setbacks: NA
From on-site home: 35 `
From nearest off-site home: 100'
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage -
Residential
(30% maximum -guideline)
Grading
Disturbed Area
(40% maximum)
Stable and Corral
Preserve Views
Preserve Plants and Animals
6.8% of 152,378 sq,ft. net lot area
13.5 % of 152,378 sq,ft. net lot
area
33.98% of 27,185 sq.ft. pad area
Mech. vault
110 sq.ft.
Water feature
297 sq.ft.
Aviary
338 sq.ft.
Koi Pond
358 sq.ft.
TOTAL
11,752 sf.
Less exclusions
11,320 sf
35 ' from on-site home
200 'from nearest neighbor
7.4% of 152,378 sq,ft. net lot
area (w/allowed deductions)
21,339 sq.ft, 14.0% of 152,378
sq,ft. net lot area
36.55% of 27,185 sf. pad area
N/A No grading proposed
Not available No change - aviary, koi pond
proposed on exist'g dist. area
Future (set-aside 1,000 sq. ft.)
Planning Commission
conditions
Planning Commission
conditions
Future (set-aside 1,000 sq. ft.)
Planning Commission review
Planning Commission review
ROLLING HILLS ZONING CODE PROVISIONS FOR AVIARIES:
17.12.010 "A" words, terms and phrases.
"Aviary" means an enclosure or large cage where birds are kept.
17.18.050 Permitted uses and structures with conditional use permit approval.
A. The following animal keeping uses are permitted, provided a conditional use
permit has been approved pursuant to Chapter 17.42 and building code
requirements are met, including issuance of a building permit. These uses may be
permitted only on property with a legally established single-family residence. In
addition to a conditional use permit, a site plan review may be required. The
ZC 873-874 ; y-5-.,tL
Planning Commission may impose additional conditions pursuant to Chapter 17.42
of this title.
1. Stable greater than two hundred square feet, subject to Section 17.18.060
2. Aviary greater than two hundred square feet, subject to Section 17.18.070
3. Wildlife rehabilitation facility, subject to Section 17.18.080
4. Corral greater than five hundred fifty square feet, subject to Section 17.18.090
5. Horseback riding ring, subject to Section 17.18.100
17.18.070 Requirements for aviaries requiring conditional use permit.
All aviaries over two hundred square feet shall meet the following requirements:
1. Shall not be located on lots of less than five acres.
2. The roof shall not exceed a peak height of sixteen feet.
3. Shall not be located on a portion of the lot where the slope is greater than 4:1.
4. Shall not be permitted in the front yard or in the rear yard setback, shall be
located no less than twenty-five feet from side property line in the RAS -1 zone,
no less than thirty-five feet from the side property line in the RAS -2 zone and
no less than twenty-five feet from side roadway easement line.
5. Shall be located a minimum of thirty-five feet from any residential structure
including attached garage or a guest house, located on the same lot, and a
minimum of one hundred feet from a residential structure, including attached
garage or a guest house located on adjoining lots.
6. Shall be used for the exclusive purpose of keeping permitted birds and small
animals indigenous to the State of California. Commercial uses shall not be
permitted.
7. Shall be counted towards structural, total, building pad coverage or disturbed
area of the net lot for purposes of
8. May be permitted in addition to the construction of a stable and shall not be
counted towards the size of the stable for purposes of this chapter.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC 873-874 -6-
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
1242.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is
consistent with the General Plan, compatible with surrounding land use, and meets the
provisions and intent of this title. In making such a determination, the hearing body shall find
that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be materially
detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development
standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC 873-874 -7-