CL_AGN_241015_PC_AgendaPacket_F_A1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
This is the appropriate time for the Chair or Commissioners to approve the agenda as is or reorder.
5.BLUE FOLDER ITEMS (SUPPLEMENTAL)
Blue folder items are additional back up material to administrative reports and/or public comments received after the
printing and distribution of the agenda packet for receive and file.
5.A.FOR BLUE FOLDER DOCUMENTS APPROVED AT THE PLANNING
COMMISSION MEETING
RECOMMENDATION: Approved
6.PUBLIC COMMENTS ON NON-AGENDA ITEMS
This section is intended to provide members of the public with the opportunity to comment on any subject that does not
appear on this agenda for action. Each speaker will be permitted to speak only once. Written requests, if any, will be
considered first under this section.
7.CONSENT CALENDAR
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the
Consent Calendar. The Chair or any Commissioner may request that any Consent Calendar item(s) be removed,
discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded
Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The
Chair will call on anyone wishing to address the Commission on any Consent Calendar item on the agenda, which has
not been pulled by Commission for discussion.
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular Planning Commission
Meeting
PLANNING COMMISSION
Tuesday, October 15, 2024
CITY OF ROLLING HILLS
6:30 PM
The meeting agenda is available on the City’s website. The Planning Commission meeting will be live-streamed on the City’s
website. Both the agenda and the live-streamed video can be found here:
https://www.rolling-hills.org/government/agenda/index.php
Members of the public may submit written comments in real-time by emailing the City Clerk’s office at cityclerk@cityofrh.net.
Your comments will become part of the official meeting record. You must provide your full name, but please do not provide
any other personal information that you do not want to be published.
Recordings to Planning Commission meetings can be found here: https://www.rolling-hills.org/government/agenda/index.php
CL_AGN_241015_PC_Item10A.pdf
1
7.A.APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION
REGULAR MEETING OF OCTOBER 15, 2024
RECOMMENDATION: Approve as presented.
7.B.APPROVE THE MINUTES FOR THE SEPTEMBER 17, 2024, PLANNING
COMMISSION MEETINGS
RECOMMENDATION: Approve as presented.
8.EXCLUDED CONSENT CALENDAR ITEMS
9.PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING
10.NEW PUBLIC HEARINGS
10.A.ZONING CASE NO. 24-074: SITE PLAN REVIEW FOR CONSTRUCTION,
GRADING, STABLE ACCESS, AND OTHER IMPROVEMENTS; CONDITIONAL
USE PERMITS FOR A RECREATIONAL GAME COURT (TENNIS COURT),
STABLE WITH LOFT GREATER THAN 200 SQUARE FEET, CORRAL GREATER
THAN 550 SQUARE FEET, AND AN EXISTING BUILDING TO BE CONVERTED
TO A MIXED USE BUILDING (GUEST HOUSE/RECREATION ROOM); AND
VARIANCES FOR CONSTRUCTION IN THE FRONT AND REAR YARD
SETBACKS, AND DEVIATIONS FROM THE CONDITIONS FOR A CONDITIONAL
USE PERMIT PER ROLLING HILLS MUNICIPAL CODE SECTION 17.16.210(A)
FOR A PROPERTY LOCATED AT 2 POSSUM RIDGE ROAD, AND FINDING THE
PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (LOT 123-RH) (WHITCOMBE)
RECOMMENDATION: It is recommended that the Planning Commission open
the public hearing, take public testimony, and provide direction to staff and
the applicant. A resolution is provided in Attachment 3 in case the
Commission wishes to approve the project with conditions.
CL_AGN_241015_PC_AffidavitofPosting.pdf
CL_MIN_240917_PC_FT_F.pdf
CL_MIN_240917_PC_F.pdf
Attachment 1: PL_ADR_240306_2PossumRidge_ZC23-150_RadiusMap.pdf
Attachment 2: PL_ADR_2PossumRidgeRd_ZC24-
074_241004_PC_DevelopmentTable_Phase2_D3.pdf
Attachment 3: 2024-14_PC_Resolution_2PossumRidgeRd_ZC24-074_Whitcombe_D.pdf
Attachment 4: 2024-05_PC_Resolution_2PossumRidgeRd_ZC23-150_Whitcombe_F_E.pdf
Attachment 5A: PL_ADR_241004_2PossumRidgeRd_ZC24-
074_LetterFromShirleyLanger_Received10.04.24.pdf
Attachment 5B: CL_AGN_240319_PC_Item10A_PublicComment01.pdf
Attachment 6:
PL_ADR_2PossumRidgeRd_241006_EDA_Review_LandscapePlanRevisions.pdf
Attachment 7: PL_ADR_241010_2PossumRdigeRd_ZC24-
074_ArchitecturalPlans_Submitted10.10.24.pdf
Attachment 8: PL_ADR_241009_2PossumRidgeRd_ZC24-
074_Plans_Civil_Submitted10.09.24.pdf
Attachment 9: PL_ADR_241009_2PossumRidgeRd_ZC24-074_LandscapeHeightExhibit.pdf
CL_AGN_241015_PC_Item10A_PublicComment_RHCA.pdf
2
10.B.CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.28 OF THE
MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN
STATE LAW; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT
FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE
RECOMMENDATION:
Open the public hearing, receive public testimony, close the public hearing,
and by motion:
1. Find that the adoption of the proposed ordinance is statutorily exempt
from review under the California Environmental Quality Act (“CEQA”)
under Public Resources Code section 21080.17.
2. Adopt a resolution (Attachment 1) recommending that the City Council
adopt the proposed ordinance that is attached thereto as Exhibit “A.”
11.OLD BUSINESS
12.NEW BUSINESS
12.A.DISCUSSION ON BUILDING HEIGHT
RECOMMENDATION: Discuss and provide direction.
13.SCHEDULE FIELD TRIPS
14.ITEMS FROM STAFF
15.ITEMS FROM THE PLANNING COMMISSION
16.ADJOURNMENT
Next meeting: Tuesday, November 19, 2024 at 6:30 p.m. in the City Council Chamber,
Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.
Attachment 1 - 2024-13_PCResolution_ADU_Ordinance_241015.pdf
Exhibit A to PC Resolution 2024-13: 385_ADU Ordinance_D.pdf
Exhibit A to Ord 385:
PL_SUB_ADU_2024_ADU_Ordinance_Amendment_241015_ExhibitA_Clean.pdf
Attachment 2:
PL_SUB_ADU_2024_ADU_Ordinance_Amendment_241015_Comparison_Redline.pdf
Attachment 3: 381_ADU Ordinance_F_E.pdf
Attachment 1: PL_SUB_BH_RHMC_Section_17.16.080_Height_limitation..pdf
Attachment 2: PL_SUB_BH_RHMC_Chapter_17.12_Code_Definitions.pdf
Attachment 3: PL_SUB_STA_Stable_Comparison.pdf
Notice:
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in
this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the
meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for
your review of this agenda and attendance at this meeting.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in
the City Clerk's office or at the meeting at which the item will be considered.
3
All of the above resolutions and zoning case items have been determined to be categorically exempt pursuant
to the California Environmental Quality Act (CEQA) Guidelines unless otherwise stated.
4
Agenda Item No.: 5.A
Mtg. Date: 10/15/2024
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:FOR BLUE FOLDER DOCUMENTS APPROVED AT THE PLANNING
COMMISSION MEETING
DATE:October 15, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approved.
ATTACHMENTS:
CL_AGN_241015_PC_Item10A.pdf
5
BLUE FOLDER ITEM (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet,
and/or public comments received after the printing and distribution of the agenda packet for receive and file.
PLANNING COMMISSION MEETING
October 15, 2024
10.A ZONING CASE NO. 24-074: SITE PLAN REVIEW FOR CONSTRUCTION, GRADING,
STABLE ACCESS, AND OTHER IMPROVEMENTS; CONDITIONAL USE PERMITS
FOR A RECREATIONAL GAME COURT (TENNIS COURT), STABLE WITH LOFT
GREATER THAN 200 SQUARE FEET, CORRAL GREATER THAN 550 SQUARE
FEET, AND AN EXISTING BUILDING TO BE CONVERTED TO A MIXED USE
BUILDING (GUEST HOUSE/RECREATION ROOM); AND VARIANCES FOR
CONSTRUCTION IN THE FRONT AND REAR YARD SETBACKS, AND DEVIATIONS
FROM THE CONDITIONS FOR A CONDITIONAL USE PERMIT PER ROLLING HILLS
MUNICIPAL CODE SECTION 17.16.210(A) FOR A PROPERTY LOCATED AT 2
POSSUM RIDGE ROAD, AND FINDING THE PROJECT CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 123-RH)
(WHITCOMBE)
FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY
MANAGER
CL_AGN_241015_PC_Item10A_PublicComment_RHCA.pdf
6
Agenda Item No.: 7.A
Mtg. Date: 10/15/2024
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING
COMMISSION REGULAR MEETING OF OCTOBER 15, 2024
DATE:October 15, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_AGN_241015_PC_AffidavitofPosting.pdf
7
Administrative Report
7.A., File # 249 9 Meeting Date: 10/15/202 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations below.
Legislative Body Planning Commission
Posting Type Regular Meeting Agenda
Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274
City Hall Window
City Website: https://www.rolling-hills.org/government/agenda/index.php
https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php
Meeting Date & Time OCTOBER 15, 2024 6:30pm
As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was
posted at the date displayed below.
Christian Horvath, City Clerk
Date: Octo ber 11, 2024
8
Agenda Item No.: 7.B
Mtg. Date: 10/15/2024
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:APPROVE THE MINUTES FOR THE SEPTEMBER 17 , 2024, PLANNING
COMMISSION MEETINGS
DATE:October 15, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_MIN_240917_PC_FT_F.pdf
CL_MIN_240917_PC_F.pdf
9
MINUTES – PLANNING COMMISSION FIELD TRIP MEETING
Tuesday, September 17, 2024
Page 1
Minutes
Rolling Hills Planning Commission
Tuesday, September 17, 2024
Field Trip Meeting 7:36 a.m.
18 Eastfield Drive
1. CALL MEETING TO ORDER
The Planning Commission of the City of Rolling Hills met at 18 Eastfield Drive on the above date, and the
meeting was called to order at 7:36 a.m. with Commissioner Cardenas presiding.
2. ROLL CALL
Commissioners Present: Douglass, Cooley, Cardenas
Commissioners Absent: Chair Chelf, Vice Chair Kirkpatrick
Staff Present: John F. Signo, AICP, Director of Planning & Community Services
3. COMMENTS FROM THE PUBLIC ON ITEMS NOT ON THE AGENDA – NONE
4. FIELD TRIPS
4.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION FIELD TRIP MEETING
OF SEPTEMBER 17, 2024
Unanimous voice vote to accept item.
4.B. ZONING CASE 24-063: REQUEST FOR APPROVAL FOR A VARIANCE TO CONSTRUCT
SOLAR BATTERIES AND RELATED EQUIPMENT IN THE SIDE YARD SETBACK FOR A
PROPERTY LOCATED AT 18 EASTFIELD DRIVE, AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (LOT 69-A-EF) (RICH)
Public Present: Aaron De La Torre (18 Eastfield Drive)
Paul Kinkelaar (2 Roundup Road)
Presentation by Director Signo on the proposed project.
Commissioners and the public walked the site. Commissioners made no decision and continued the item
to the evening meeting.
5. ADJOURNMENT : 7:52 A.M.
The meeting was adjourned at 7:52 a.m . to the regular meeting of the Planning Commission scheduled to
be held on Tuesday, September 17, 2024, beginning at 6:30 p.m. at City Hall.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Brad Chelf, Chair
10
MINUTES – PLANNING COMMISSION MEETING
Tuesday, September 17, 2024
Page 1
Minutes
Rolling Hills Planning Commission
Tuesday, September 17, 2024
Regular Meeting 6:30 p.m.
1. CALL MEETING TO ORDER
The Planning Commission of the City of Rolling Hills met in person in the Council Chambers at City Hall at
2 Portuguese Bend Road on the above date at 6:30 p.m. Chair Chelf presiding.
2. ROLL CALL
Commissioners Present: Cooley, Cardenas, Douglass, Vice Chair Kirkpatrick, Chair Chelf
Commissioners Absent: None
Staff Present: John F. Signo, AICP, Director of Planning & Community Services
Christian Horvath, City Clerk / Executive Assistant to the City Manager
Scott Shapses, Assistant City Attorney
3. PLEDGE OF ALLEGIANCE
Director Signo led the Pledge of Allegiance.
4. APPROVE ORDER OF THE AGENDA
Chair Chelf approved the order of the agenda. Without objection, so ordered.
5. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE
6. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE
7. CONSENT CALENDAR
7.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING
OF SEPTEMBER 17, 2024
7.B. APPROVE THE MINUTES FOR THE JUNE 18, 2024, PLANNING COMMISSION MEETINGS
7.C. ZONING CASE NO. 22-20: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A TWO-YEAR TIME EXTENSION FOR PREVIOUSLY APPROVED
ZONING CASE NO. 22-20 FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF A 1,583-
SQUARE-FOOT ADDITION AND REMODEL TO AN EXISTING RESIDENCE, MAXIMUM FIVE-
FOOT -HIGH RETAINING WALL, POOL/SPA IN EXCESS OF 800 SQUARE FEET, GRADING,
AND OTHER IMPROVEMENTS; AND VARIANCES TO CONSTRUCT IN THE FRONT YARD
SETBACK AND FOR A FIVE-FOOT -HIGH RETAINING WALL TO BE CONSTRUCTED IN THE
FRONT AND SIDE SETBACK AREA FOR A PROPERTY LOCATED AT 16 SOUTHFIELD DRIVE,
ROLLING HILLS, CA 90274, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 33-SF) (BURGOYNE)
11
MINUTES – PLANNING COMMISSION MEETING
Tuesday, September 17, 2024
Page 2
Motion to approve Consent Calendar by Vice Chair Kirkpatrick, seconded by Commissioner Cooley. Motion
carried unanimously with the following vote:
AYES: Cooley, Cardenas, Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: None
8. EXCLUDED CONSENT CALENDAR ITEMS – NONE
9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETINGS – NONE
10. NEW PUBLIC HEARINGS
10.A. ZONING CASE 24-063: REQUEST FOR APPROVAL FOR A VARIANCE TO CONSTRUCT
SOLAR BATTERIES AND RELATED EQUIPMENT IN THE SIDE YARD SETBACK FOR A
PROPERTY LOCATED AT 18 EASTFIELD DRIVE, AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (LOT 69-A-EF) (RICH)
Presentation by Director Signo
Motion to approve Resolution 2024-12 as is by Commissioner Cardenas, seconded by Vice Chair Kirkpatrick.
Motion carried unanimously with the following vote:
AYES: Cooley, Cardenas, Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: None
11. OLD BUSINESS – NONE
12. NEW BUSINESS – NONE
13. SCHEDULED FIELD TRIPS – NONE
14. ITEMS FROM STAFF – NONE
15. ITEMS FROM THE PLANNING COMMISSION – NONE
16. ADJOURNMENT: 7:00 P.M.
The meeting was adjourned at 7:00 p.m. to the Planning Commission meeting on Tuesday, October 15,
2024, beginning at 6:30 p.m. at City Hall.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Brad Chelf, Chair
12
Agenda Item No.: 10.A
Mtg. Date: 10/15/2024
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:JOHN F. SIGNO, AICP,
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:
ZONING CASE NO. 24-074: SITE PLAN REVIEW FOR CONSTRUCTION,
GRADING, STABLE ACCESS, AND OTHER IMPROVEMENTS;
CONDITIONAL USE PERMITS FOR A RECREATIONAL GAME COURT
(TENNIS COURT), STABLE WITH LOFT GREATER THAN 200 SQUARE
FEET, CORRAL GREATER THAN 550 SQUARE FEET, AND AN
EXISTING BUILDING TO BE CONVERTED TO A MIXED USE BUILDING
(GUEST HOUSE/RECREATION ROOM); AND VARIANCES FOR
CONSTRUCTION IN THE FRONT AND REAR YARD SETBACKS, AND
DEVIATIONS FROM THE CONDITIONS FOR A CONDITIONAL USE
PERMIT PER ROLLING HILLS MUNICIPAL CODE SECTION
17 .16 .2 1 0(A ) FOR A PROPERTY LOCATED AT 2 POSSUM RIDGE
ROAD, AND FINDING THE PROJECT CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 123-
RH) (WHITCOMBE)
DATE:October 15, 2024
BACKGROUND:
This item was originally part of Zoning Case No. 23-150 approved by the Planning
Commission on April 16, 2024 (Phase 1). During that review, the Commission approved the
residential addition and other improvements to the western portion of the site. The recreational
game court (tennis court) and new stable were removed from the plan to be considered at a
later date (Phase 2). The Planning Commission provided direction and suggested: (1)
swapping the locations of the recreational game court and existing stable; and (2) demolishing
the existing stable and other structures to accommodate new development.
Zoning and Lot Area
The property is located in the southern portion of the City at the northwestern intersection of
Portuguese Bend Road and Crest Road West. The property is traversed by Possum Ridge
13
Road and is zoned RAS-2. The lot area excluding the roadway easement is 4.2 acres
(181,429 square feet (SF)). For development purposes the net lot area is 3.5 acres (151,990
SF). The net lot area is used for calculations throughout this report.
Existing Development
Records show the existing residence was constructed in 1949. Additions to the residence and
other structures were built in the later years with significant improvements made in the 1970s.
The property is currently developed with eight buildings and a transformer/generator
summarized as follows:
Main residence (3,660 SF)
Original 1,700 SF built in 1949 with attached garage and 900 SF of open porches
Main residence extension
Connected by a breezeway; possibly added in 1975 or 1978
Building permits show 884 SF added in 1975
1,000 SF addition and remodel in 1975
96 SF added to master bedroom and 440 SF for family room in 1978
Detached garage (built in 1975)
Stable with loft (1,890 SF built in 1994)
Farm equipment garage/shop (884 SF, built in 1975)
Two storage sheds
120 SF garden storage shed built in 1954
300 SF hobby room built in 1975
Enclosed cabana (225 SF)
Transformer/generator
Phase 1 Approval
On April 16, 2024, the Planning Commission adopted Resolution No. 2024-05 (Attachment 4)
approving ZC No. 23-150 for the following:
Site Plan Review
2,570 SF of additions to an existing residence
New 1,950 SF basement
1,200 SF swimming pool with a 5-foot-high wall along a slope
170 SF outdoor kitchen
335 SF fire pit
Maximum three-foot-high retaining walls
795 SF of covered decks/porches
5,058 cubic yards (CY) of grading
New hardscape including an expansion of the driveway and motor court
Landscaping
Other improvements
Variances
Construction in the front and rear yard setbacks for additions to the residence,
covered porches/decks, swimming pool, and lightwell access.
Minor Modification to ZC 23-150
Subsequent to the Planning Commission's approval, the applicant modified the project prior to
building plan check. The modifications are considered minor and were processed
administratively pursuant to Condition D of Resolution No. 2024-05: "Minor modifications are
subject to approval by the City Manager or his or her designee." The following minor
modifications were made:
14
Added an attached pergola at the 170 SF outdoor kitchen;
Relocated firepit (200 SF) to be surrounded by swimming pool (1,340 SF) in the same
general area;
Pool equipment to be in an underground vault next to pool; and
Enlarged basement to include one larger basement (instead of two smaller areas) for a
total of 3,365 square feet.
Staff approved the modifications because the pergola above the outdoor kitchen is attached to
the residence and does not require discretionary review. The firepit was originally north of the
swimming pool, but will now be surrounded by the pool on three sides. The basement is
entirely underneath the building footprint and will not be visible from outside. Additional
grading for the enlarged basement is needed, but excavation for a basement is exempt from
grading calculations.
DISCUSSION:
After the March 19th Planning Commission meeting, the applicant decided to move forward
with the addition to the residence and postpone the conditional use permits for the stable
addition (which was proposed at the time), corral, and recreational game court (tennis court).
For purposes of this review, the Planning Commission is only considering the site plan review
for construction, grading, stable access, and other improvements. Items approved under
Phase 1 are already approved.
Site Plan Review
The applicant is requesting a Phase 2 Site Plan Review for construction of:
6,000 SF tennis court on western, developed portion of the lot
Conversion of an existing 1,075 SF stable to a mixed-use guest house and recreation
room
Loft to be removed and plate height lowered
3,380 SF stable on eastern undeveloped portion of the lot
Includes 800 SF tack room in the loft
Conditional Use Permits
Per RHMC Section 17.16.040, conditional use permits (CUPs) are required for the following:
Stable over 200 SF subject to Section 17.16.060
Corral over 550 SF subject to Section 17.18.060
Recreational game courts (tennis court)
Mixed-use structure used as a guest house and recreation room subject to Section
17.16.200
Variances
Encroachment into the front yard setback
Encroachment into the rear yard setback
Deviation from the conditions for accessory uses found in Section 17.16.200
MUNICIPAL CODE COMPLIANCE
Grading and Stabilization
The western portion of the site is already disturbed and developed, however, grading is
15
needed for the tennis court in the amount of 1,120 CY cut and 138 CY fill. The stable requires
443 CY cut and 1,050 CY fill. In total, Phase 2 includes 2,113 CY cut and 2,113 CY fill for a
total of 4,226 CY.
Disturbance
An additional 26,300 SF of disturbance is needed bringing the total to 73,800 SF or 48.56%.
Per Section 17.16.070, the disturbed area may be a maximum of 50 percent of the net lot
area, provided that no more than fifty percent of the slopes resulting from the grading are
greater (steeper) than 3:1, or three units horizontal (run) to one unit vertical (rise). The area for
the tennis court and new barn will be less than 3:1 while certain portions of 2:1 slope are
needed to transition to natural grade.
Height
The finished roof height of the proposed stable is 25 feet. The existing stable to be converted
to a mixed-use building will be lowered to one story and the loft will be removed.
Storm Water Management
This application is subject to the General Permit requirements for storm water management,
where the State requires that a Storm Water Pollution Prevention Plan be submitted and a
permit obtained, due to grading on one or more acres of land. This application is also subject
to the City’s Low Impact Development (LID) ordinance requirements for retention of water on
site, and the City’s Water Efficient Landscaping Ordinance where the applicants must
implement low water usage planting and devices and certify compliance. All of these
requirements will be monitored at the plan check review process and during construction.
Lot Coverage
The structural net lot coverage is proposed at 20,282 SF or 13.34% (20% max. permitted).
The total lot coverage proposed (structural and flatwork) will be 36,979 SF or 24.33% (35%
max. permitted).
Utility Lines / Septic Tank
It will be a requirement that utility lines be placed underground. Septic tank review is done by
the County Health Department.
Rolling Hills Community Association Review
Rolling Hills Community Association will review this project at a later date.
Environmental Review
The project is exempt from the California Environmental Quality Act (CEQA) Guidelines
pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures),
which exempts the construction and location of a limited number of new, small facilities or
structures, including accessory structures, including but not limited to garages, carports,
patios, swimming pools and fences. Here, the proposed Project includes a new stable, corral,
recreational game court, and related improvements. Accordingly, the Project qualifies for the
16
exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there is
no reasonable possibility that the activity will have a significant effect on the environment due
to unusual circumstances. Much of the site has already been graded and developed.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must consider whether
the proposed project meets the criteria for a Site Plan Review, Conditional Use Permit, and
Variance, as attached below.
SITE PLAN REVIEW CRITERIA
RHMC Section 17.46.010 - Purpose .
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City’s General Plan; incorporates environmentally and aesthetically
sensitive grading practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project vicinity; and
otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.
RHMC Section 17.46.050 - Required findings .
1. The Commission shall be required to make findings in acting to approve, conditionally
approve, or deny a site plan review application.
2. No project which requires site plan review approval shall be approved by the
Commission, or by the City Council on appeal, unless the following findings can be
made:
3. The project complies with and is consistent with the goals and policies of the general
plan and all requirements of the zoning ordinance;
4. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. Lot coverage requirements are regarded as maximums,
and the actual amount of lot coverage permitted depends upon the existing buildable
area of the lot;
5. The project is harmonious in scale and mass with the site, the natural terrain and
surrounding residences;
6. The project preserves and integrates into the site design, to the greatest extent possible,
existing topographic features of the site, including surrounding native vegetation, mature
trees, drainage courses and land forms (such as hillsides and knolls);
7. Grading has been designed to follow natural contours of the site and to minimize the
amount of grading required to create the building area;
8. Grading will not modify existing drainage channels nor redirect drainage flow, unless
such flow is redirected into an existing drainage course;
9. The project preserves surrounding native vegetation and mature trees and supplements
these elements with drought-tolerant landscaping which is compatible with and
enhances the rural character of the community, and landscaping provides a buffer or
transition area between private and public areas;
10. The project is sensitive and not detrimental to the convenient and safe movement of
pedestrians and vehicles; and
17
11. The project conforms to the requirements of the California Environmental Quality Act.
CONDITIONAL USE PERMIT CRITERIA
RHMC Section 17.42.50 - 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:
1. That the proposed conditional use is consistent with the General Plan;
2. 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, buildings or structures;
3. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
4. That the proposed conditional use complies with all applicable development standards of
the zone district;
5. 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;
6. That the proposed conditional use observes the spirit and intent of this title.
CRITERIA FOR APPROVAL OF A VARIANCE
RHMC Section 17.38.050 - Required Variance findings .
In granting a variance, the Commission (and Council on appeal) must make the
following findings:
1. That there are exceptional or extraordinary circumstances or conditions applicable to the
property that do not apply generally to other properties in the same vicinity and zone;
2. That such variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same vicinity and zone but which is
4 denied the property in question;
3. That the granting of such variance will not be materially detrimental to the public welfare
or injurious to properties or improvements in the vicinity;
4. That in granting the variance, the spirit and intent of this title will be observed;
5. That the variance does not grant special privilege to the applicant;
6. That the variance is consistent with the portions of the County of Los Angeles Hazardous
Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities; and
7. That the variance request is consistent with the general plan of the City of Rolling Hills.
FISCAL IMPACT:
None.
18
RECOMMENDATION:
It is recommended that the Planning Commission open the public hearing, take public
testimony, and provide direction to staff and the applicant. A resolution is provided in
Attachment 3 in case the Commission wishes to approve the project with conditions.
ATTACHMENTS:
Attachment 1: PL_ADR_240306_2PossumRidge_ZC23-150_RadiusMap.pdf
Attachment 2: PL_ADR_2PossumRidgeRd_ZC24-
074_241004_PC_DevelopmentTable_Phase2_D3.pdf
Attachment 3: 2024-14_PC_Resolution_2PossumRidgeRd_ZC24-074_Whitcombe_D.pdf
Attachment 4: 2024-05_PC_Resolution_2PossumRidgeRd_ZC23-150_Whitcombe_F_E.pdf
Attachment 5A: PL_ADR_241004_2PossumRidgeRd_ZC24-
074_LetterFromShirleyLanger_Received10.04.24.pdf
Attachment 5B: CL_AGN_240319_PC_Item10A_PublicComment01.pdf
Attachment 6:
PL_ADR_2PossumRidgeRd_241006_EDA_Review_LandscapePlanRevisions.pdf
Attachment 7: PL_ADR_241010_2PossumRdigeRd_ZC24-
074_ArchitecturalPlans_Submitted10.10.24.pdf
Attachment 8: PL_ADR_241009_2PossumRidgeRd_ZC24-
074_Plans_Civil_Submitted10.09.24.pdf
Attachment 9: PL_ADR_241009_2PossumRidgeRd_ZC24-074_LandscapeHeightExhibit.pdf
CL_AGN_241015_PC_Item10A_PublicComment_RHCA.pdf
19
City of Rolling Hills ROLLING HILLS, CA 90274
TITLE
VICINITY MAP
CASE NO.
Zoning Case No. 23-150
Site Plan Review, Conditional Use Permits, Variances
OWNER Whitcombe
ADDRESS 2 Possum Ridge Road, Rolling Hills 90274 SITE
20
DEVELOPMENT TABLE
Zoning Case No. 24-074
2 Possum Ridge Road
SITE PLAN REVIEW
VARIANCE
EXISTING PHASE 1 PHASE 2 TOTAL
RA-S-1 Zone
PRIOR TO ZC 2-150 ZC 23-150
ADDITION TO
RESIDENCE,
SWIMMING POOL,
AND OTHERS
ZC 24-074
NEW STABLE.
TENNIS COURT,
MIXED USE
BUILDING
Net Lot Area 151,990 SF -- -- 151,990 SF
Residence 3,660 SF 2,570 SF 0 SF 6,230 SF
Attached Garage 1,080 SF -190 SF 0 SF 890 SF
Swimming Pools/Spa 0 SF 1,200 SF* 0 SF 1,340 SF*
Pool Equipment 0 SF 80 SF 0 SF 80 SF
Guest House 0 SF 0 SF 0 SF 0 SF
Cabana 217 SF 0 SF 0 SF 217 SF
Stable minimum: 450 SF 1,060 SF 0 SF 2,305 SF 3,380 SF
Recreation Court 0 SF 0 SF 6,000 SF 6,000 SF
Attached Covered Porches 185 SF 795 SF 0 SF 980 SF
Entryway/Porte Cochere,
Breezeways
0 SF 0 SF 0 SF 0 SF
Attached Trellises 0 SF 0 SF 0 SF 0 SF
Detached Structures:
Shed 1
Shed 2
Shed 3
Outdoor Kitchen
Fire Pit
360 SF
185 SF
880 SF
0 SF
0 SF
0 SF
0 SF
0 SF
170 SF
335 SF*
0 SF
0 SF
0 SF
0 SF
0 SF
0 SF
360 SF
185 SF
880 SF
170 SF
200 SF*
Service Yard 90 SF 0 SF 0 SF 90 SF
Mixed Use Building 0 SF 0 SF 1,075 SF 1,075 SF
Basement Area
Depth of Basement
0 SF
--
1,950 SF
10 FT
0 SF
--
3,365 SF*
10 FT
Driveway 4,535 SF 4,140 SF 2,200 SF 10,874 SF
Paved Walkways, Patio
Areas, Courtyards
2,500 SF 2,690 SF 0 SF 4,013 SF
5,190
Pool Decking 0 SF 1,810 SF 0 SF 1, 810 SF
Other Paved Driveways,
Road Easements, Parking
Pads
0 SF 0 SF 0 SF 0 SF
21
*A minor modification was approved after Phase 1 to enlarge the basement and modify the swimming pool and firepit.
The firepit is now surrounded on three sides by the swimming pool.
^Due to some overlap, calculations for coverage between the phases do not add up. Rely on the total.
“Code allows up to 50% provided 50% of grading results in no more than 2:1 slope.
DEVELOPMENT TABLE
Zoning Case No. 24-074
2 Possum Ridge Road
Grading 0 CY 1,943 CY CUT
1,875 CY FILL
3,818 CY TOTAL
2,113 CY CUT
2,113 CY FILL
4,226 CY TOTAL
8,044 CY
(both phases)
Structural Lot Coverage
(20% maximum with
deductions)
7,725 SF
(5.08%)
4,880 SF
(3.21%)
9,380 SF
(6.17%)
20,282 SF
(13.34%)^
Flatwork Lot Coverage 7,035 SF
(4.63%)
8,640 SF
(5.68%)
2,200 SF
(1.45%)
16,697 SF
(10.99%)^
Total Lot Coverage
(Structures & Flatwork)
(35% max. w/ deductions)
14,760 SF (9.71%) 13,520 SF (8.90%) 11,580 SF
(7.62%)
36,979 SF
(24.33%)^
Total Disturbed Area
(40% maximum)
34,700 SF (22.83%) 12,800 SF (8.42%) 26,300 SF (48.56%) 73,800 SF
(48.56%)”
Main Residence Building
Pad 1
(30% Maximum Guideline)
Pad Area: 23,900 SF
7,725 SF (32.32%)
Pad Area: 22,930 SF
4,880 SF (10.42%)
Pad Area: 51,730 SF
7,075 SF (38.24%)
51,730 SF
16,479 SF
(31.86%)
Main Residence Building
Pad 2
0 0 Pad Area: 8,055 SF
3,380 SF (41.96%)
8,055 SF
3,380 SF
(41.96%)
22
RESOLUTION NO. 2024-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 24-074 FOR
A SITE PLAN REVIEW AND CONDITIONAL USE PERMITS FOR A
RECREATIONAL GAME COURT, STABLE WITH LOFT GREATER THAN 200
SQUARE FEET, CORRAL GREATER THAN 550 SQUARE FEET, AND AN
EXISTING BUILDING TO BE CONVERTED TO A MIXED USE BUILDING; AND
VARIANCES FOR CONSTRUCTION IN THE FRONT AND REAR YARD
SETBACKS, AND DEVIATIONS FROM THE CONDITIONS FOR A
CONDITIONAL USE PERMIT PER ROLLING HILLS MUNICIPAL CODE
SECTION 17.16.210(A) FOR A PROPERTY LOCATED AT 2 POSSUM RIDGE
ROAD, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 123-RH) (WHITCOMBE)
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE, AND ORDER AS FOLLOWS:
Section 1. On September 4, 2024, an application was duly filed by Megan Campbell,
Campbell Architects Inc. (“Applicant”), on behalf of the property owner, John D. Whitcombe, with
respect to real property located at 2 Possum Ridge Road, Rolling Hills (LOT 123-RH ) requesting:
Site Plan Review for construction, grading, stable access, and other improvements; Conditional
Use Permits for a recreational game court (tennis court), stable with loft greater than 200 square
feet, corral greater than 550 square feet, and an existing building to be converted to a mixed use
building (guest house/recreation room); and Variances for construction in the front and rear yard
setbacks, and deviations from the conditions for a conditional use permit per Rolling Hills
Municipal Code Section 17.16.210(a).
Section 2. The lot is unusually shaped being traversed by Possum Ridge Road and
having frontage on Crest Road West and Portuguese Bend Road. The net lot area is 3.49 acres
(151,990 square feet), which excludes roadway easements and ten feet along property lines.
Possum Ridge Road has a 50-foot-wide roadway easement which divides the property into two
parts. The western part is developed and the eastern part is vacant. The lot has one 47,900-
square-foot building pad (Pad 1) developed with the main residence, stable, and other
improvements. A second building pad (Pad 2) is proposed for a new stable and corral on the
eastern part of the property. The property is developed with a main residence, detached garage,
stable with loft, enclosed cabana, accessory structures used for storage, and a service yard.
Section 3. On April 16, 2024, the Planning Commission adopted Resolution No. 2024-
05 approving a Phase 1 project for an addition to the main residence and other improvements.
The tennis court and new stable were part of the Phase 1 project, but removed for consideration
at a later date. Phase 2 is for the project contained herein.
Section 4. The Planning Commission conducted duly noticed public hearings to
consider the application at its field trip meeting and regular meeting on October 15, 2024.
Neighbors within a 1,000-foot radius were notified of the public hearings and a notice was
23
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Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
published in the Daily Breeze on October 4, 2024. The applicants were notified of the public
hearings in writing by first class mail and the applicants were in attendance at the hearings.
Section 5. The Project is exempt from the California Environmental Quality Act (CEQA)
Guidelines pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures), which exempts the construction and location of a limited number of new, small
facilities or structures, including accessory structures, including but not limited to garages,
carports, patios, swimming pools and fences. Here, the proposed Project includes a new stable,
corral, recreational game court, and related improvements. Accordingly, the Project qualifies for
the exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there
is no reasonable possibility that the activity will have a significant effect on the environment due
to unusual circumstances. Much of the site has already been graded and developed.
Section 6. Site Plan Review. Site Plan Review is required for construction of any new
building or structure pursuant to Rolling Hills Municipal Code (RHMC) Section 17.46.020(A). The
Project is for a new stable, corral, recreational game court, and related improvements. With
respect to the Site Plan Review for the development, the Planning Commission hereby makes
the following findings:
A. The Project complies with and is consistent with the goals and policies of
the General Plan and all requirements of the zoning ordinance.
The proposed development is compatible with the General Plan and Zoning ordinance.
The proposed structures comply with the General Plan requirement of low profile, low-density
residential development with sufficient open space between surrounding structures. The
development is located on the existing building pad, which will reduce the visual impact from
neighboring properties.
The Project conforms to Zoning Code lot coverage requirements. The net lot area of the
lot is 151,990 square feet (3.49 acres) per RHMC Section 17.16.060(A). The structural net lot
coverage is proposed at 20,282 square feet or 13.34% (20% max. permitted) excluding exempt
structures; and the total lot coverage proposed, including flatwork, would be 36,979 square feet
or 24.33% (35% max. permitted). The disturbed area is 73,800 square feet or 48.56% (50% max
permitted provided that no more than fifty percent of the slopes resulting from the grading are
greater (steeper) than 3:1, or three units horizontal (run) to one unit vertical (rise)). The area for
the tennis court and new barn will be less than 3:1 while certain portions of 2:1 slope are needed
to transition to natural grade.
B. The project substantially preserves the natural and undeveloped state of the
lot by minimizing building coverage. Lot coverage requirements are regarded as
maximums, and the actual amount of lot coverage permitted depends upon the existing
buildable area of the lot.
The topography and the configuration of the lot have been considered, and the project
will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures;
the project will be on an existing building pad which enables project elements to be the least
intrusive to surrounding properties. Further, the project will be a sufficient distance from nearby
24
3
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
residences so views and privacy of surrounding neighbors will not be impacted. The lot has an
existing building pad which is disturbed with the remaining area either landscaped or left in a
natural state. The proposed stable will be located at a southeastern portion of the site below
adjacent roadways.
C. The project is harmonious in scale and mass with the site, the natural terrain
and surrounding residences.
The proposed development, as conditioned, is harmonious in scale and mass with the
site, and is consistent with the scale of the neighborhood when compared to new residences in
the vicinity of said lot. The development plan takes into consideration the visibility of the project
from Portuguese Bend Road, Crest Road West, and Possum Ridge Road. Significant portions
of the lot will be left undeveloped or landscaped.
D. The project preserves and integrates into the site design, to the greatest
extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls).
There will be no significant changes to the overall drainage features on the lot. The
proposed project is located on an existing building pad with a new pad being created for the barn
and corral. Grading will be balanced on site. There will be minimal impact to site design,
vegetation, and mature trees. The property will be landscaped in accordance with the approved
landscape plan.
E. Grading has been designed to follow natural contours of the site and to
minimize the amount of grading required to create the building area.
Grading will be balanced on site. The project has been designed to follow natural contours to
the extent feasible.
F. Grading will not modify existing drainage channels nor redirect drainage
flow, unless such flow is redirected into an existing drainage course.
Grading will be balanced on site. Existing drainage channels will not be affected nor
redirected. Additional hardscape will direct stormwater toward existing drainage channels.
G. The project preserves surrounding native vegetation and mature trees and
supplements these elements with drought-tolerant landscaping which is compatible with
and enhances the rural character of the community, and landscaping provides a buffer
or transition area between private and public areas.
Surrounding native vegetation and mature trees will not be affected or will be replaced.
New vegetation will be installed in accordance with the approved landscape plan. The
development will be considerate of the environment and will enhance the rural character of the
community. As such, the rural character of the community is maintained and privacy is
maintained with neighbors.
25
4
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
H. The project is sensitive and not detrimental to the convenience and safety of
circulation for pedestrians and vehicles.
There are no changes to the existing circulation patterns for pedestrians or vehicles. The
driveway will be widened and motor court enlarged to provide better vehicular circulation and
more off-street parking.
I. The project conforms to the requirements of the California Environmental
Quality Act (CEQA).
The Project is exempt from the CEQA Guidelines pursuant to Section 15303, Class 3
(New Construction or Conversion of Small Structures), which exempts the construction and
location of a limited number of new, small facilities or structures, including single family residence
and accessory structures, including but not limited to garages, carports, patios, swimming pools
and fences. Here, the Project includes a new stable, corral, recreational game court, and an
existing barn to be converted into a mixed-use building. Accordingly, the Project qualifies for the
exemption pursuant to Section 15303. Further, no exceptions to the exemption apply; there is
no reasonable possibility that the activity will have a significant effect on the environment due to
unusual circumstances. Much of the site has already been graded and developed.
Section 7. Conditional Use Permit Findings. RHMC Section 17.16.040(A)(3, 5-7) require
a Conditional Use Permit for a mixed-use structure, recreational game court, stable over 200
square feet, and corral over 550 square feet, respectively. A mixed-use building is subject to the
requirements in Section 17.16.210; a stable over 200 square feet is subject to the requirements
in Section 17.18.060; and a corral over 550 square feet is subject to the requirements in Section
17.18.090. The Applicant is proposing to convert an existing stable to a mixed-use building to
be used as a guest house and recreation room, construct a 6,000-square-foot recreational game
court on the southwestern portion of the lot, and a 3,380-square-foot stable and corral on the
southeastern portion of the lot. Given the foregoing, in accordance with RHMC Section
17.42.050, the Planning Commission makes the following findings:
A. That the proposed conditional use is consistent with the General Plan.
The granting of a Conditional Use Permit for the proposed uses is consistent with the purposes
and objectives of the Zoning Ordinance and General Plan because the use is consistent with
similar uses in the community, and meets all the applicable code development standards for
such use. The Project is compatible with existing land uses as other properties in the same zone
have such accessory uses. The Project is consistent with Open Space and Conservation
Element Goal 2, which aims for expanded opportunities for outdoor recreation.
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.
The nature, condition, and development of adjacent structures have been considered, and the
Project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or
26
5
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
structures because the proposed uses are located on a developed property with sufficient
proximity to neighboring buildings and structures.
C. That the site for the proposed conditional use is of adequate size and shape
to accommodate the uses and buildings proposed.
The proposed conditional uses comply with all applicable development standards in the
RAS-2 Zone. The net lot area is 151,990 square feet and is adequate to support the proposed
uses. The property is developed and adequate in size and shape to accommodate the proposed
uses and buildings.
D. That the proposed conditional use complies with all applicable development
standards of the zone district.
The proposed conditional uses comply with all applicable development standards of the
RAS-2 Zone, with exception to the variances requested herein.
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. That
the proposed uses are consistent with the portions of the Los Angeles County Hazardous Waste
Management Plan relating to siting and siting criteria for hazardous waste facilities because the
Project site is not listed on the current State of California Hazardous Waste and Substances
Sites List.
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.
Granting the proposed conditional use for the project will be consistent with the applicable
portions of the Los Angeles County Hazardous Waste Management Plan related to siting criteria
for hazardous waste facilities. The project site is not listed on the current State of California
Hazardous Waste and Substances Sites List. The proposed project would not constitute a
hazardous waste facility.
F. That the proposed conditional use observes the spirit and intent of this title.
The proposed project allows the Applicant the ability to enjoy rights enjoyed by other
residents in the City. The proposed uses are consistent with the residential character of the City.
Section 8. Variance Findings. Section 17.38.050 sets forth the required findings for
granting Variances for a portion of the proposed project to be constructed in the front and rear
yard setbacks for the recreational game court, stable and corral. Section 17.16.040(A)(3, 5-7)
permits conditional uses subject to certain requirements. The applicant is seeking relief from the
conditions for conditional use permits found in Section 17.16.210(A), including: subsection 7(b),
locating the recreational game court in the front yard setback; subsection 7(c), locating the
recreational game court within 50 feet from a street easement; and subsection 7(h) exceeding a
27
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Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
total cut and fill of 750 cubic yards. With respect to this request for Variances, the Planning
Commission finds as follows:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone.
There are extraordinary circumstances applicable to this property. Unlike most properties
in the RAS-2 Zone, the subject property is traversed by a roadway easement creating two
smaller sections each with front yard setbacks along the easement. The existing residence
already encroaches into the front yard setback, and the existing accessory buildings already
encroach into the rear yard setback. The proposed project would encroach into the required
front and rear yard setbacks; however, these areas are already developed and disturbed. The
proposed stable would encroach into the front and rear yard setbacks due to the narrowness of
the site caused by the roadway easement. The main residence and accessory structures on
the western portion of the property is accessible from a driveway on Possum Ridge Road.
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone
but which is denied the property in question.
The proposed project is consistent with the existing development on the site which
already encroaches into the front yard setback. The proposed stable is located in a narrow
portion on the eastern side of the lot, which is traversed by a road. Thus, encroachment into the
front and rear yard setbacks is necessary. The variance requests are necessary for preservation
and enjoyment of property rights consistent with other properties in the same vicinity and zone.
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity.
Granting a variance for encroachment into the front and rear yard setbacks will not be
detrimental to the public welfare and will not be injurious to properties in the vicinity because it
is consistent with the encroachments by the existing residence and structures. Further, the
project will improve the appearance of the property by connecting buildings into a larger mass.
Landscaping will be provided to screen structures from Crest Road West.
D. That in granting the variance, the spirit and intent of this title will be
observed.
The granting of the variance will allow for a development that is harmonious in scale
and mass with the site, the proposed project is visually harmonious with adjacent
properties and in scale with adjacent residential development.
E. That the variance does not grant special privilege to the applicant.
The variance does not grant special privileges for the Applicant; the proposed project
is an expansion of the existing development which already encroaches into the front and
28
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Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
rear yard setbacks. The sports court requires a variance to encroach into the front and rear
yard setbacks because of the narrowness of the eastern section of the property caused by
the roadway easement which traverses the property. The project, together with the
variance, will be compatible with the objectives, policies, general land uses, and programs
specified in the General Plan.
F. That the variance is consistent with the portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities.
Granting a variance for the project will be consistent with the applicable portions of
the Los Angeles County Hazardous Waste Management Plan related to siting criteria for
hazardous waste facilities. The project site is not listed on the current State of California
Hazardous Waste and Substances Sites List. The proposed project would not constitute a
hazardous waste facility.
G. That the variance request is consistent with the General Plan of the City of
Rolling Hills.
Approvals granting the variance to allow encroachments into the front and rear yard
setbacks will be consistent with the General Plan of the City of Rolling Hills, which
encourages residential uses.
Section 9. Based upon the foregoing findings, and the evidence in the record, the
Planning Commission hereby approves Zoning Case No. 24-074 subject to the following
conditions:
A. Approval for the Site Plan Review, Conditional Use Permits, and Variances shall
expire within two years from the effective date of approval as defined in RHMC Section
17.38.070 of the Zoning Ordinance unless otherwise extended pursuant to the requirements of
this section.
B. If any condition of this resolution is violated, the entitlement granted by this
resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt
of written notice from the City, all construction work being performed on the subject property
shall immediately cease, other than work determined by the City Manager or his/her designee
required to cure the violation. The suspension and stop work order will be lifted once the
Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the
event that the Applicant disputes the City Manager or his/her designee’s determination that a
violation exists or disputes how the violation must be cured, the Applicant may request a hearing
before the City Council. The hearing shall be scheduled at the next regular meeting of the City
Council for which the agenda has not yet been posted; the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency of the
hearing. The City Council shall make a determination as to whether a violation of this Resolution
has occurred. If the Council determines that a violation has not occurred or has been cured by
the time of the hearing, the Council will lift the suspension and the stop work order. If the Council
determines that a violation has occurred and has not yet been cured, the Council shall provide
29
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Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
the Applicant with a deadline to cure the violation; no construction work shall be performed on
the property until and unless the violation is cured by the deadline, other than work designated
by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council
may either extend the deadline at the Applicant’s request or schedule a hearing for the
revocation of the entitlements granted by this Resolution pursuant to Chapter
17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Building and Construction Ordinance, the Zoning
ordinance, and of the zone in which the subject property is located must be complied with unless
otherwise a variance to such requirement has been approved.
D. The lot shall be developed and maintained in substantial conformance with the site
plan on file at City Hall and approved by the Planning Commission on March 19, 2024 and
October 15, 2024, except as otherwise provided in these conditions. The working drawings
submitted to the Department of Building and Safety for plan check review shall conform to the
approved development plan. All conditions of the Site Plan Review, Conditional Use Permits,
and Variance approvals shall be incorporated into the building permit working drawings, and
where applicable complied with prior to issuance of a grading or building permit from the building
department.
The conditions of approval of this Resolution shall be printed onto a separate sheet and
included in the building plans submitted to the Building Department for review and shall be kept
on site at all times.
Any proposed modifications and/or changes to the approved project, including resulting
from field conditions, shall be discussed with staff so that staff can determine whether the
modification is minor or major in nature. Minor modifications are subject to approval by the City
Manager or his or her designee. Major modifications are subject to approval by the Planning
Commissioner after a public hearing. Applicant shall not implement modifications or changes to
the approved project without the appropriate approval from the City Manager or designee or the
Planning Commission, as required.
E. Prior to submittal of final working drawings to Building and Safety Department for
issuance of building and grading permits, the plans for the project shall be submitted to City staff
for verification that the final plans are in compliance with the plans approved by the Planning
Commission.
F. A licensed professional preparing construction plans for this project for Building
Department review shall execute a Certificate affirming that the plans conform in all respects to
this Resolution approving this project and all of the conditions set forth herein and the City’s
Building Code and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall execute
a Certificate of Construction stating that the project will be constructed according to this
Resolution and any plans approved therewith.
30
9
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
G. Structural lot coverage of the lot shall not exceed 20,282 square feet or 13.34% of
the net lot area (20% maximum). The flatwork coverage is 16,697 square feet or 10.99%. The
total lot coverage proposed, including structures and flatwork, shall not exceed 36,979 square
feet or 24.33% (35% maximum).
H. The lot is already developed and the total disturbed area will be 73,800 square feet
or 48.56% (maximum 50% permitted provided that no more than fifty percent of the slopes
resulting from the grading are greater (steeper) than 3:1, or three units horizontal (run) to one
unit vertical (rise)). Grading for this project shall not exceed 2,113 cubic yards of cut and 2,113
cubic yards of fill for a total of 4,226 cubic yards balanced on site.
I. The total proposed building pad coverage for the residential main pad is 16,479
square feet or 31.86%, which exceeds the 30% maximum guideline. The total proposed building
pad coverage for the stable pad will be 3,380 or 41.96%, which exceeds the maximum 30%
guideline.
J. A driveway access shall be provided per the Fire Department requirements and
the driveway shall be roughened and the first 20 feet of the driveway shall not exceed 7% in
slope.
K. Access to the stable and to the corral shall be decomposed granite or 100%
pervious roughened material; it shall not be wider than 12 feet.
L. A minimum of five-foot level path and/or walkway, which does not have to be
paved, shall be provided around the entire perimeter of all of the proposed structures, including
the detached garage and stable, or as otherwise required by the Fire Department.
M. The applicant shall comply with all requirements of the Low Impact Development
requirements for storm water management on site (RHMC Chapter 8.32).
N. Hydrology, soils, geology and other reports, as required by the Building and Public
Works Departments, and as may be required by the Building Official, shall be prepared.
O. Prior to issuance of a final construction approval of the project, all graded slopes
shall be landscaped. Prior to issuance of building permit, the landscaping plan shall meet the
requirements of the City, shall be submitted to the City in conformance with Fire Department
Fuel Modification requirements, and shall be approved by the City’s landscape consultant.
P. The project shall be landscaped, and continually maintained in substantial
conformance with the landscaping plan on file approved by the City’s landscape consultant. A
detailed landscaping plan shall provide that any trees and shrubs used in the landscaping
scheme for this project shall be planted in a way that screens the project development from
adjacent streets and neighbors, such that shrubs and trees as they mature do not grow into a
hedge or impede any neighbors’ views and the plan shall provide that all landscaping be
maintained at a height no higher than the roof line of the nearest project structure. In addition,
the landscaping plan shall provide for screening of development with vegetation not to exceed
10 feet in height, and that the vegetation used for screening shall be planted in an off-set manner,
31
10
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
so as to prevent it, as it grows from forming a solid hedge. The landscaping plan shall utilize to
the maximum extent feasible, plants that are native to the area, are water-wise and are
consistent with the rural character of the community. Plants listed as high hazardous plants
under RHMC Section 8.30.015 are prohibited.
Q. The applicant shall submit a landscaping performance bond or other financial
obligation, to be kept on deposit by the City, in the amount of the planting plus irrigation plus
15%. The bond shall be released no sooner than two years after completion of all plantings,
subject to a City staff determination that the plantings required for the project are in substantial
conformance with approved plans and are in good condition.
A Certificate of Completion shall be submitted by the project designer or contractor prior
to final landscape installation inspection.
R. The landscaping shall be subject to the requirements of the City’s Water Efficient
Landscape Ordinance, (Chapter 13.18 of the RHMC).
S. Pursuant to Chapter 8.30 of the RHMC, the property shall at all times be
maintained free of dead trees and vegetation.
T. The setback lines and roadway easement lines in the vicinity of the construction
for this project shall remain staked throughout the construction. A construction fence may be
required.
U. Perimeter easements, including roadway easements and trails, if any, shall remain
free and clear of any improvements to advance equestrian use and emergency preparedness
for evacuation within the City. Where RHCA has demonstrated authority over the easement, the
City’s Planning Director may grant relief from this condition upon satisfactory proof of permission
from RHCA and a legitimate showing that there is no need for the condition to advance
equestrian uses and emergency preparedness.
V. Minimum of 65% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City’s Construction and Demolition permits for
waste hauling prior to start of work and provide proper documentation to the City.
W. During construction, conformance with the air quality management district
requirements, storm water pollution prevention practices, county and local ordinances and
engineering practices so that people or property are not exposed to undue vehicle trips, noise,
dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required.
X. During construction, to the extent feasible, all parking shall take place on the
project site, on the new driveway and, if necessary, any overflow parking may take place within
the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring
driveways, visibility at intersections or pedestrian and equestrian passage. During construction,
to the maximum extent feasible, employees of the contractor shall car-pool into the City. To the
extent feasible, a minimum of 4’ wide path, from the edge of the roadway pavement, for
32
11
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
pedestrian and equestrian passage shall be available and be clear of
vehicles, construction materials and equipment at all times.
Y. During construction, the property owners shall be required to schedule and
regulate construction and relate traffic noise throughout the day between the hours of 7 AM and
6 PM, Monday through Saturday only, when construction and mechanical equipment noise is
permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills.
Z. Prior to demolition of the existing structures, an investigation shall be conducted
for the presence of hazardous chemicals, lead-based paints or products, mercury and asbestos-
containing materials (ACMs). If hazardous chemicals, lead-based paints or products, mercury or
ACMs are identified, remediation shall be undertaken in compliance with California
environmental regulations and policies.
AA. The property owner and/or his/her contractor/applicant shall be responsible for
compliance with the no-smoking provisions in the Municipal Code. The contractor shall not use
tools that could produce a spark, including for clearing and grubbing, during red flag warning
conditions. Weather conditions can be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is
the sole responsibility of the property owner and/or his/her contractor to monitor the red flag
warning conditions.
AB. Development shall drain in accordance with the approved grading and drainage
plan. Drainage dissipaters shall be constructed outside of any easements. The drainage system
shall be approved by the Department of Building and Safety. If an above ground swale and/or
dissipater is required, it shall be designed in such a manner as not to cross over any equestrian
trails or discharge water onto a trail, shall be stained in an earth tone color, and shall be screened
from any trail, road and neighbors’ view to the maximum extent practicable, without impairing
the function of the drainage system.
AC. During construction, dust control measures shall be used to stabilize the soil from
wind erosion and reduce dust and objectionable odors generated by construction activities in
accordance with South Coast Air Quality Management District, Los Angeles County and local
ordinances and engineering practices.
AD. During construction, an Erosion Control Plan containing the elements set forth in
Section 7010 of the 2022 County of Los Angeles Uniform Building Code shall be followed to
minimize erosion and to protect slopes and channels to control storm water pollution.
AE. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Health Department requirements for the installation and maintenance
of storm water drainage facilities and septic tank.
AF. The applicant shall pay all of the applicable Building and Safety and Public Works
Department fees and Palos Verdes Peninsula Unified School District fees, if any.
33
12
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
AG. Prior to final inspection of the project, “as graded” and “as constructed” plans and
certifications shall be provided to the Planning Department and the Building Department to
ascertain that the completed project is in compliance with the Planning Commission approved
plans. In addition, any modifications made to the project during construction, shall be depicted
on the “as built/as graded” plan.
AH. The applicants shall execute an Affidavit of Acceptance of all conditions of the
Variance approval, or the approval shall not be effective.
AI. All conditions of this Resolution, when applicable, must be complied with prior to
the issuance of a grading or building permit from the Building and Safety Department.
AJ. Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in Section 17.54.070 of
the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6.
AK. To the extent permitted by law, Permittee shall defend, indemnify and hold
harmless the City of Rolling Hills, its City Council, its officers, employees and agents (the
“indemnified parties”) from and against any claim, action, or proceeding brought by a third party
against the indemnified parties and the applicant to attack, set aside, or void any permit or
approval for this project authorized by the City, including (without limitation) reimbursing the City
its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion,
elect to defend any such action with attorneys of its choice. The permittee shall reimburse the
City for any court and attorney's fees which the City may be required to pay as a result of any
claim or action brought against the City because of this permit. Although the permittee is the real
party in interest in an action, the City may, at its sole discretion, participate at its own expense
in the defense of the action, but such participation shall not relieve the permittee of any obligation
under this condition.
AL. The recreational game court (sports court) shall comply with all requirements in
Section 17.16.210, unless otherwise approved herein. Lighting for the sports court is prohibited.
The walkway leading to the recreational game court is for pedestrians only and not for vehicles.
The walkway shall have a maximum width of 6 feet and shall have obstructions such as steps,
posts or raised curbs to prevent vehicular access.
AM. The stable and corral shall comply with all requirements in Sections 17.18.060 and
17.18.090, unless otherwise approved herein.
AN. New landscaping in the Rolling Hills Community Association (RHCA) easement is
prohibited unless previously approved by RHCA. Landscaping not approved by RHCA in the
easement shall be removed from the final landscape plan.
34
13
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF OCTOBER, 2024.
BRAD CHELF, CHAIRPERSON
ATTEST:
____________________________________
CHRISTIAN HORVATH, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on
this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling
Hills Municipal Code and Civil Procedure Section 1094.6.
35
14
Resolution No. 2024-14
2 Possum Ridge Road (Whitcombe)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2024-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF ZONING CASE NO. 24-074 FOR
A SITE PLAN REVIEW AND CONDITIONAL USE PERMITS FOR A
RECREATIONAL GAME COURT, STABLE WITH LOFT GREATER THAN 200
SQUARE FEET, CORRAL GREATER THAN 550 SQUARE FEET, AND AN
EXISTING BUILDING TO BE CONVERTED TO A MIXED USE BUILDING; AND
VARIANCES FOR CONSTRUCTION IN THE FRONT AND REAR YARD
SETBACKS, AND DEVIATIONS FROM THE CONDITIONS FOR A
CONDITIONAL USE PERMIT PER ROLLING HILLS MUNICIPAL CODE
SECTION 17.16.210(A) FOR A PROPERTY LOCATED AT 2 POSSUM RIDGE
ROAD, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (LOT 123-RH) (WHITCOMBE)
was approved and adopted at a regular meeting of the Planning Commission on March 19, 2024,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
__________________________________
CHRISTIAN HORVATH, CITY CLERK
36
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40
41
42
43
44
45
46
47
48
49
50
DATE: October 6, 2024
TO: John Signo
FIRM: City of Rolling Hills
FROM: Carrie Mandarino
PROJECT: 2 Possum Ridge Road
SUBJECT: Preliminary Landscape Plan Revisions
Dear John,
I reviewed the revised preliminary landscape plan for 2 Possum Ridge Road. The project
has been revised to include a new barn on the eastern portion and a new sports court
(tennis court) on the western side. In addition to my comments below, please refer the
applicant to the initial review attached for further explanation.
The following corrections have not been completed:
Landscape is shown in the RHCA easement.
Trees above the roof ridge height are on the plan: Olives, Quercus agrifolia, and
Platanus racemosa. Fruit trees specified must remain below roof ridge height.
Hedges are not allowed. Increase the spacing in between and create irregular
groups of: Laurus nobilis, Prunus lyonii, and Rhamnus alaterus.
Irrigation plan not provided, see initial review.
Sheet L1.2 Water calculations was not submitted. See initial review for
corrections to calculations. In the ETWU calculation, Lippa ground cover should
have a low .3 plant factor, and Marathon turfgrass a high .8 plant factor. The pool
should have a 1.0 ETAF (1.0 plant factor and 1.0 irrigation efficiency).
City required notes were added to the plan.
If you have any questions regarding this review, please contact me.
Respectfully submitted,
Carrie Mandarino, RLA #4769
51
1
2
7
0
1
2
6
5 12501 2 5 0 12451265POSSOM RIDGE RDTURNOUT
SIDE SETBACK FRONT SETBACKPREVIOUS COURT OUTLINE
PREVIOUS COURT GRADED AREA
EXISTING SITE
WALL TO REMAIN
DEMO LOFT, CHANGE OF USE TO
MIXED USE (GUESTHOUSE
/RECREATION ROOM)
C O R R A L S E T A S ID E
D G
BEGINNING OF UPPER SIS TRAIL
EQUESTRIAN GATE
PROPOSED BARN
WITH 800 SF
TACKROOM LOFT
PROPOSED 60x100
SPORT COURT
PROPOSED DG DRIVEWAY FOR
AG EQUIPMENT, SEPARATE
TRAFFIC COMMISSION
APPROVAL FOR ADDITIONAL
DRIVEWAY
PRIVACY PLANTING
MINOR MODIFICATION TO PH1 RES. # 2024-05
ATTACHED PERGOLA AT OUTDOOR KITCHEN
RELOCATION OF POOL AND FIREPIT
BASEMENT ENLARGEMENT (STILL UNDER BUILDING FOOTPRINT)
PHASE 2 SCOPE
CHANGE OF USE OF EXISTING STABLE TO MIXED USE (REC ROOM GUESTHOUSE)
(INCLUDES REMOVAL OF LOFT)
NEW BARN ON UNDEVELOPED SIDE OF LOT (EAST OF POSSUM RIDGE)
NEW SPORT COURT ON MAIN HOUSE SIDE OF LOT
VARIANCES: BARN & COURT ENCROACHMENT INTO SETBACK
CUP: SPORT COURT
CHANGE OF USE: STABLE TO REC ROOM CONVERSION
CONDITION OF APPROVAL: HEIGHT OF LANDSCAPE ALONG CREST
REDUCE RADIUS
OF PROPOSED
DRIVEWAY &
BURM
POOL & FIREPIT RELOCATION
ENLARGED BASEMENT
ATTACHED PERGOLA
EXISTING FENCE TO REMAIN
VIEWING AREA -DG
PROPOSED LIMIT OF GRADING23'-2"1" = 20'-0"01SCOPING SITE PLAN PHASE 2 NREV. #DATE DESCRIPTION
All ideas, designs and plans indicated or represented by these drawings are owned by and are property of the Architect
and were created and developed for use in connection with the specified project. None of such ideas, designs or plans
shall be used for any purpose whatsoever without the written permission of the Architect.
DESIGNER:
SCALE: 1" = 20'-0"
10/9/2024 11:19:20 AM
WHITCOMBE RESIDENCE
2 POSSUM RIDGE ROAD
ROLLING HILLS, CA 90274
10.15.24 PLANNING
pA1-01
DRAFT PH 2 SCOPING
SITE PLAN
52
PR
O
PERTY LINE
SIDE SETBACK FRONT SETBACKEXISTING SITE
WALL TO REMAIN
PROPOSED 60x100 SPORT COURT
pA1-02
06
pA1-02
07
pA1-02
04
pA1-02
05
LINE OF (E) HOUSE
SETBACK FOR REFERENCE
EXISTING STABLE FOOTPRINT
PROPOSED ADDITION
N
(N) REC ROOM
1274' -9"
COURT FF
1276' -0"
MAIN HOUSE FF
1271' -9"
(N) REC ROOM
1274' -9"
APPROX HEIGHT OF CREST BEYOND
EXISTING BARN
8'-6"8'-6"5'-5"COURT FF
1276' -0"
(N) LOFT
1271' -0"
EXISTING TURNOUT ROOF TO REMAIN
MAIN HOUSE FF
1271' -9"
(N) REC ROOM
1274' -9"
COURT FF
1276' -0"
(N) LOFT
1271' -0"
(N) REC ROOM
1274' -9"
COURT FF
1276' -0"
pA1-0207
pA1-02
04
(E) COVERED PATIO TO REMAIN
41'-6"4'-6"14'-4"13'-0"16'-0"SHARED KITCHENETTE
RECREATION ROOM12'-6"
EXISTING ENTRANCE TO REMAIN
GUESTHOUSE
SHARED BATH
133 GSF ADDITION
EXISTING 1075 GSF
179 SF
GUESTHOUSE
BEDROOM
727 SF
REC ROOM
149 SF
BATH
(E) TURNOUT TO BE REMOVED
DEMOLISH INTERIOR OF STABLE, DEMO
CONCRETE FLOOR, REMOVE LOFT FLOOR,
DEMOLISH ROOF, EXTERIOR WALLS TO REMAIN
CONVERT (E)
TACK ROOM TO
BATHROOM
REV. # DATE DESCRIPTION
All ideas, designs and plans indicated or represented by these drawings are owned by and are property of the Architect
and were created and developed for use in connection with the specified project. None of such ideas, designs or plans
shall be used for any purpose whatsoever without the written permission of the Architect.
DESIGNER:
SCALE: As indicated
10/9/2024 11:19:26 AM
WHITCOMBE RESIDENCE
2 POSSUM RIDGE ROAD
ROLLING HILLS, CA 90274
10.15.24 PLANNING
pA1-02
COURT & REC ROOM
1/16" = 1'-0"01COURT AND REC ROOM SITE PLAN
1/8" = 1'-0"06NORTHWEST (SIDE) ELEVATION
1/8" = 1'-0"07NORTHEAST (FRONT) ELEVATION
1/8" = 1'-0"04SOUTHEAST (SIDE) ELEVATION
1/8" = 1'-0"05SOUTHWEST (REAR) ELEVATION
1/8" = 1'-0"02STABLE CONVERSION REC ROOM
1/8" = 1'-0"03(E) STABLE REFERENCE PLAN
53
UP
DN UP
EASEMENT
25'-0"
EASEMENT
40'-0"
C O R R A L S E T A S ID E
D G
EQUESTRIAN GATE
PROPOSED BARN
WITH TACKROOM LOFT
EASEMENT
25'-0"
N
4 8 '-0 "72'-0"
pA1-03
04
pA1-03
05
pA1-03
06
pA1-03
07
REAR SETBACK
50'-0"
FRONT SETBACK
50'-0"
STABLE FF
1259' -0"
(N) LOFT
1271' -0"25'-0"(9' MAX)9'-0"(7' MAX)7'-0"STABLE FF
1259' -0"
(N) LOFT
1271' -0"
STABLE FF
1259' -0"
(N) LOFT
1271' -0"
STABLE FF
1259' -0"
(N) LOFT
1271' -0"
pA1-03
04
pA1-03
06
pA1-03 07
34'-0"18'-4"23'-0"
800 SF MAX TACKROOM LOFT
OPEN TO BELOW
OPEN TO BELOW
OPENINGS WITH SHUTTERS,
NO GLAZING
OPENINGS WITH SHUTTERS,
NO GLAZING
BATHROOM
pA1-03
04
pA1-03
06
pA1-03 07
3315 SF
BARN
EQEQ
TYP
12'-0"TYP12'-0"72'-0"48'-0"
STALL 1
STALL 2
STALL 4
STALL 5
STALL 3
FEED AREA
EQUIPMENT/ STORAGE
REV. # DATE DESCRIPTION
All ideas, designs and plans indicated or represented by these drawings are owned by and are property of the Architect
and were created and developed for use in connection with the specified project. None of such ideas, designs or plans
shall be used for any purpose whatsoever without the written permission of the Architect.
DESIGNER:
SCALE: As indicated
10/9/2024 11:19:32 AM
WHITCOMBE RESIDENCE
2 POSSUM RIDGE ROAD
ROLLING HILLS, CA 90274
10.15.24 PLANNING
pA1-03
STABLE PLAN AND
ELEVATIONS
1/16" = 1'-0"01ENLARGED BARN SITE
1/8" = 1'-0"04STABLE N FRONT
1/8" = 1'-0"05STABLE E SIDE
1/8" = 1'-0"06STABLE S REAR
1/8" = 1'-0"07STABLE W SIDE
1/8" = 1'-0"03(N) LOFT
1/8" = 1'-0"02STABLE
54
128910121113141516171819202122232627282425G130013001300130012951295
12901290128512851280 128012801
2
80
12801275127512751275127512751275
1275
1275 12701270127012701270
1270127012651265 12601260
126012551255
12551250 125012501250
1250
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124512451245
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1240
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12151210 12101210
1210 120512051205
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1200 119511951195
1195
1190
119011
8
5
1185
1185
11801180
1180
1175
303060302 POSSUM RIDGE ROADROLLING HILLS, CA 90274SCALE: 1" = 30'INDEX OF SHEETSOVERALL SITE PLANSCALE: 1" = 500'VICINITY MAPFOR PLANNING PURPOSES ONLY
ENGINEERING CORP. C0.0VICINITY MAP ADDRESSESLEGENDACRONYMSPROPERTY ADDRESS:LEGAL DESCRIPTION:RECORD OWNER:ZONING SUMMARY:WORK DESCRIPTION:LOW IMPACT DEVELOPMENTCONSULTANTS:123555
19"
TREE1296.20
'24"
TREE1269.33
'XXXXXXXXXXXXXX
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12901290128512851280 12801280128
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1275
1275 127012701270127
0
12
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0
1270127012651265 12601260
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12551250
125012501250
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1230
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12251225
1225
1220
12201220
1220121512151215
12151210 12101210
1210 120512051205
1205 120012001200
1200 119511951195
1195
1190
119011
8
5
1185
1185
11801180
1180
1175WMED PBVLTHYDED VENTED VENTTEL MHHYDED VENTED VENTWVTW:1271
.46
'FS:1270
.98
'TW:1271
.46
'FS:1270
.91
'TW:1271
.54
'FS:1270
.92
'TW:1271
.57
'FS:1270
.00
'WMTW:1271
.31
'NG:1270
.31
'TW:1271
.30
'FS:1270
.87
'TW:1271
.00
'FS:1270
.48
'TW:1270
.47
'FS:1270
.06
'TW:1271
.17
'FS:1270
.83
'SHEDSHEDCABANACOMPOSITE
DECKCOMPOSITE
STEPS
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DCREST ROADADADADADADAD1 STORY HOUSE
RH:1284.78'
FF:1271.77'1 STORY HOUSERH:1284.39'FF:1271.57'GARAGE
RH:1284.75'
FF:1270.64'
ST
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STREE
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TRAILCONCCONC
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HEAVY BRUSHHEAVY BRUSHHEAVY BRUSHHEAVY BRUSHHEAVY BRUSHED1270.60
'1270.32
'1270.69
'1270.67
'1270.30
'1270.95
'1270.79
'1270.19
'1270.11
'1269.56
'
1270.
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7
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'LEGEND30306030SCALE: 1" = 30'ACRONYMSEXISTING SITE CONDITIONSFOR PLANNING PURPOSES ONLY
ENGINEERING CORP. C0.112351271.53'56
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FOR PLANNING PURPOSES ONLY
ENGINEERING CORP. C1.1LEGENDACRONYMS123558
FOR PLANNING PURPOSES ONLY
ENGINEERING CORP. C2.0ACRONYMSSCALE: 1" = 10'SECTION C - STABLESCALE: 1" = 10'SECTION D - STABLESCALE: 1" = 10'SECTION A- TENNIS COURTSCALE: 1" = 10'SECTION B- TENNIS COURTSCALE: 1" = 10'SECTION E - STABLE ACCESS59
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MAIN HOUSE FF
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COURT FF
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(N) LOFT
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MAX ALLOWABLE (RIDGE OF HOUSE)
PREVIOUS STABLE RIDGE FOR REFERENCE
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PROPOSED MAX LANDSCAPE HEIGHT @4'-6"
ABOVE ADJACENT PORTION OF CREST
03
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WITHOUT RHCA APPROVAL
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STABLE FF
1259' -0"CL CRESTFRONT PLPHASE 2, FOR REFERENCEABOVE RIDGE± 11'-0"PROPOSED FENCING AT PROPERTY LINE (NO EASEMENT ALONG CREST)CREST± 4'-6" ABOVEPROPOSED MAX LANDSCAPE HEIGHT
PROPOSED LANDSCAPE, PROPERTY SIDE OF FENCE
PREVIOUSLY PROPOSED 6' ABOVE CRESTPROPOSED FUTURE COURT SCREENING
TO BE MAINTAINED BELOW MAX RIDGE,
NO VARIANCE TO BE REQUESTED
COURT FF
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(N) LOFT
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REV. #DATE DESCRIPTION
All ideas, designs and plans indicated or represented by these drawings are owned by and are property of the Architect
and were created and developed for use in connection with the specified project. None of such ideas, designs or plans
shall be used for any purpose whatsoever without the written permission of the Architect.
DESIGNER:
CLIENT:
SCALE: As indicated
10/8/2024 12:20:18 PM
WHITCOMBE RESIDENCE
2 POSSUM RIDGE ROAD
ROLLING HILLS, CA 90274
10.15.24
DRAWN BY: Author
PLANNING
SK-01
LANDSCAPE HEIGHT
EXHIBIT
DOUG & HEATHER WHITCOMBE
1" = 20'-0"03SITE SECTION
1" = 50'-0"01LANDSCAPE KEYPLAN
1" = 10'-0"02ENLARGED SECTION
60
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62
Agenda Item No.: 10.B
Mtg. Date: 10/15/2024
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:JOHN F. SIGNO, AICP,
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.28 OF
THE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH
RECENT CHANGES IN STATE LAW; AND FINDING THE ACTION TO
BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17
OF THE PUBLIC RESOURCES CODE
DATE:October 15, 2024
BACKGROUND:
The proposed Ordinance included as Attachment 1 will amend Chapter 17.28 of the Rolling
Hills Municipal Code (RHMC) to comply with recent changes to state law that impose new
limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory
Dwelling Units (“JADUs”). The Planning Commission’s action serves as a recommendation to
the City Council.
Chapter 17.28 of the RHMC was last amended by City Council on January 9, 2023, with
adoption of Ordinance No. 381 (Attachment 3).
DISCUSSION:
In recent years, the California Legislature has approved, and the Governor has signed into
law, a number of bills that, among other things, amended various sections of the Government
Code to impose new limits on local authority to regulate ADUs and JADUs. In 2024, the
California Legislature approved, and the Governor signed into law, two new bills — AB 2533
and SB 1211 — that further amend state ADU law as summarized below.
AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to
legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is
63
based on the ADU not complying with applicable building, state, or local ADU standards. One
exception allows a city to deny a permit to legalize if the city makes a written finding that
correcting the violation is necessary to protect the health and safety of the public or the
occupants of the structure.
AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs;
(2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and
(3) replacing the above exception with a requirement that local agencies find that correcting
the violation is necessary to comply with the standards specified in Health and Safety Code
section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).)
SB 1211 – Replacement Parking Requirements; Multifamily ADUs
Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced
when a garage, carport, or covered parking structure is demolished in conjunction with the
construction of, or conversion to, an ADU.
SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking
when an uncovered parking space is demolished for or replaced with an ADU. (See amended
Gov. Code, § 66314(d)(11).)
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily
dwelling structure. Existing state law requires the City to ministerially approve qualifying
building-permit applications for ADUs within “portions of existing multifamily dwelling
structures that are not used as livable space, including, but not limited to, storage rooms,
boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not
defined by existing state ADU law.
SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a
dwelling intended for human habitation, including living, sleeping, eating, cooking, or
sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily
dwelling can have. Existing state law allows a lot with an existing or proposed multifamily
dwelling to have up to two detached ADUs.
Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached
ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is
less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of
ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two.
(See amended Gov. Code, § 66323(a)(4).)
Landscaping Requirements
Other than addressing the items affected by AB 2533 and SB 1211, the Ordinance remains
largely unchanged with exception to the landscape section which has been deleted. The
section requires an abundant amount of vegetation to be planted around an ADU, which may
64
be in conflict with recent changes to Fire Department requirements to keep buildings away
from fire fuel. Additionally, new trees could cause view preservation concerns with neighboring
properties. Deleting the section does not preclude owners from planting vegetation around an
ADU so long as Fire Department requirements are met and neighboring views are protected.
Other Changes
"Livable space": Added definition.
Fees: Clarification that the City may charge a fee, including "the costs of adopting or
amending the city’s ADU ordinance. The ADU-permit processing fee is determined by
the director of community development and approved by the city council by resolution."
Septic System : "If the ADU or JADU will connect to an onsite wastewater-treatment
system, the owner must include with the application a percolation test completed within
the last five years or, if the percolation test has been recertified, within the last 10 years."
Owner Occupancy : No longer required if an ADU meets the Ordinance and was created
on or after January 1, 2020.
Rent Reporting: Applicants must provide the City with an estimate of the projected
annualized rents. This is required within 90 days after January 1 following the issuance
of a building permit.
Setbacks: Changed to be consistent with the setback of an existing structure, if existing
structure is nonconforming. If no existing structure, then the setback remains 4 feet for
side and rear, and 30 feet for front yard setback.
This section was deleted but should be considered: "If the front yard setback is the
only location on the lot where an ADU may be lawfully constructed, then the ADU
may encroach into the required front yard setback as necessary to enable the
construction of an eight hundred square foot unit."
Windows and Doors: Cannot have direct line of sight to an adjoining residential property.
Allowed Stories: One story allowed, however, if the ADU is attached to a primary
residence with more than one story (e.g., basement), then it may also have a basement.
Utilities: Clarification that utilities may need to be separate from main residence and
subject to connection and fee requirements of the utility provider.
Formatting Changes: Minor formatting changes were made throughout as provided in
the redlined version (Attachment 2).
Next Steps & Recommendation
Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU
ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the
proposed ordinance (Exhibit A to Attachment 1) ensures that the City’s ADU ordinance will be
valid under AB 2533 and SB 1211. For these reasons, staff is recommending that the Planning
Commission adopt the attached resolution (Attachment 1), to recommend that the City Council
adopt the proposed ordinance.
ENVIRONMENTAL REVIEW:
Under California Public Resources Code section 21080.17, CEQA does not apply to the
adoption of an ordinance by a city or county implementing the provisions of Article 2 of
Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and
which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the
proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
65
FISCAL IMPACT:
The ordinance amendment brings the Municipal Code into compliance with State law which
protects the City from legal challenges.
RECOMMENDATION:
Open the public hearing, receive public testimony, close the public hearing, and by motion:
1. Find that the adoption of the proposed ordinance is statutorily exempt from review under
the California Environmental Quality Act (“CEQA”) under Public Resources Code section
21080.17.
2. Adopt a resolution (Attachment 1) recommending that the City Council adopt the
proposed ordinance that is attached thereto as Exhibit “A.”
ATTACHMENTS:
Attachment 1 - 2024-13_PCResolution_ADU_Ordinance_241015.pdf
Exhibit A to PC Resolution 2024-13: 385_ADU Ordinance_D.pdf
Exhibit A to Ord 385:
PL_SUB_ADU_2024_ADU_Ordinance_Amendment_241015_ExhibitA_Clean.pdf
Attachment 2:
PL_SUB_ADU_2024_ADU_Ordinance_Amendment_241015_Comparison_Redline.pdf
Attachment 3: 381_ADU Ordinance_F_E.pdf
66
65277.00010\40817001.1
RESOLUTION NO. 2024-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER
17.28 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation,
duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by
ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”)
and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills (“2019 ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, in February 2020, the City Council adopted Ordinance Nos. 364U and
364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of
the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and
WHEREAS, in August 2022, the City Council adopted Ordinance No. 376, which
further amended the City’s ADU and JADU regulations to comply with state law, including
Assembly Bills 345 and 3182; and
WHEREAS, in September 2022, the Legislature approved, and the Governor
signed into law, Senate Bill 897 (“SB 897”), which imposed further restrictions on local
authority to regulate ADUs and JADUs, including with respect to height limits, setbacks,
application review and denial procedures, unpermitted structures, and JADU
configurations; and
WHEREAS, in December 2022 and January 2023, the City Council adopted
Ordinance Nos. 381U and 381, respectively, which updated the City’s ADU and JADU
regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply
with SB 897; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed
into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law with
respect to an unpermitted ADU and JADU, replacement parking, and multifamily ADU
requirements.
67
65277.00010\40817001.1
Page 2 of 3
WHEREAS, this ordinance (“Ordinance”) amends the City’s ADU and JADU
regulations to comply with AB 2533 and SB 1211; and
WHEREAS, on October 15, 2024, the Planning Commission conducted a duly
noticed public hearing to consider the Ordinance, wherein it considered the staff report,
supporting documents, public testimony, and all appropriate information submitted with
the Ordinance.
NOW, THEREFORE, the Planning Commission of the City of Rolling Hills does
hereby resolve, determine, find, and order as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are
incorporated herein as substantive findings of this Resolution.
Section 2. CEQA. Under California Public Resources Code section 21080.17,
CEQA does not apply to the adoption of an ordinance by a city or county implementing
the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code,
which is California’s ADU law and which also regulates JADUs, as defined by section
66313. Therefore, the Planning Commission finds that the adoption of the proposed
ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. General Plan. This Ordinance is, as a matter of law, consistent with
the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).
Section 4. Recommendation. Based on the foregoing recitals and findings,
the Planning Commission hereby recommends that the City Council approve and adopt
the proposed ordinance and code amendments that are attached as Exhibit “A” hereto
and incorporated herein by reference.
Section 5. Certification. The Planning Commission Chair shall sign and the
Secretary shall attest to the adoption of this Resolution.
Section 6. Effective Date. This Resolution takes effect immediately upon its
adoption.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF OCTOBER, 2024.
BRAD CHELF, CHAIRPERSON
ATTEST:
____________________________________
CHRISTIAN HORVATH, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing
on this application must be filed within the time limits set forth in Section 17.54.070 of the
Rolling Hills Municipal Code and Civil Procedure Section 1094.6.
68
65277.00010\40817001.1
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2024-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER
17.28 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
was approved and adopted at a regular meeting of the Planning Commission on October
15, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
__________________________________
CHRISTIAN HORVATH, CITY CLERK
69
65277.00010\40812719.2
Page 1 of 5
ORDINANCE NO. 385
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING CHAPTER 17.28 OF THE
ROLLING HILLS MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation,
duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by
ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”)
and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills (“2019 ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, in February 2020, the City Council adopted Ordinance Nos. 364U and
364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of
the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and
WHEREAS, in August 2022, the City Council adopted Ordinance No. 376, which
further amended the City’s ADU and JADU regulations to comply with state law, including
Assembly Bills 345 and 3182; and
WHEREAS, in September 2022, the Legislature approved, and the Governor
signed into law, Senate Bill 897 (“SB 897”), which imposed further restrictions on local
authority to regulate ADUs and JADUs, including with respect to height limits, setbacks,
application review and denial procedures, unpermitted structures, and JADU
configurations; and
WHEREAS, in December 2022 and January 2023, the City Council adopted
Ordinance Nos. 381U and 381, respectively, which updated the City’s ADU and JADU
regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply
with SB 897; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed
into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law with
respect to an unpermitted ADU and JADU, replacement parking, and multifamily ADU
requirements.
WHEREAS, this ordinance (“Ordinance”) amends the City’s ADU and JADU
regulations to comply with AB 2533 and SB 1211; and
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WHEREAS, on October 15, 2024, the Planning Commission conducted a duly
noticed public hearing to consider the Ordinance, wherein it considered the staff report,
supporting documents, public testimony, and all appropriate information submitted with
the Ordinance.
WHEREAS, on __________, 20__, the City Council conducted a duly noticed
public hearing to Consider the Ordinance, wherein it considered the staff report and
supporting documents, Planning Commission’s recommendation, public testimony, and
all appropriate information submitted with the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Rolling Hills does ordain as
follows:
SECTION 1. Incorporation of Recitals. The recitals above are each incorporated
by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17,
the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of the
Government Code, which is California’s ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, the Ordinance is statutorily exempt from CEQA
in that the proposed ordinance implements the State’s ADU law.
SECTION 3. General Plan. This Ordinance is, as a matter of law, consistent with
the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).
SECTION 4. Code Amendments. Chapter 17.28 of the Rolling Hills Municipal Code
is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached
hereto and incorporated herein by reference.
SECTION 5. Submittal to HCD. The City Clerk shall submit a copy of this
Ordinance to the Department of Housing and Community Development within 60 days
after adoption.
SECTION 6. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held to be invalid, such invalidity has no effect on the other
provisions or applications of the Ordinance that can be given effect without the invalid
provision or application, and to this extent, the provisions of this Ordinance are severable.
The City Council declares that it would have adopted this Ordinance irrespective of the
invalidity of any portion thereof.
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SECTION 7. Effective Date. This Ordinance takes effect 30 days following its
adoption.
SECTION 8. Certification. The City Clerk is hereby directed to certify to the
passage and adoption of this Ordinance; cause the same, or a summary thereof, to be
published or posted in the manner required by law.
PASSED, APPROVED and ADOPTED this ___ day of _________, 20__.
____________________________
Leah Mirsch, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk
APPROVED AS TO FORM:
________________________________
Patrick Donegan, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the
foregoing Ordinance No. 385 was adopted at a regular meeting of the City Council of the City of
Rolling Hills held on the ___ day of ___________, 20__, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Christian Horvath
City Clerk
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EXHIBIT A
Amended ADU Regulations
(Follows this page)
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ADU REGULATIONS THAT COMPLY WITH SB 1211 & AB 2553 (2024)
Chapter 17.28 – ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
17.28.010 – Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs)
and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1
of Title 7 of the California Government Code.
17.28.020 – Effect of Conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the City’s General Plan and Zoning
designation for the lot on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or
JADU is located.
C. Considered in the application of any local ordinance, policy, or program to
limit residential growth.
D. Required to correct a nonconforming zoning condition, as defined in
subsection H below. This does not prevent the City from enforcing
compliance with applicable building standards in accordance with Health
and Safety Code section 17980.12.
17.28.030 – Definitions.
As used in this section, terms are defined as follows:
A. “Accessory dwelling unit” or “ADU” means an attached or a detached
residential dwelling unit that provides complete independent living facilities
for one or more persons and is located on a lot with a proposed or existing
primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by section 17958.1 of the California
Health and Safety Code; and
2. A manufactured home, as defined by section 18007 of the
California Health and Safety Code.
B. “Accessory structure” means a structure that is accessory and incidental
to a dwelling located on the same lot.
EXHIBIT A
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C. “Complete independent living facilities” means permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated.
D. “Efficiency kitchen” means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
E. “Junior accessory dwelling unit” or “JADU” means a residential unit that
satisfies all of the following:
1. It is no more than 500 square feet in size.
2. It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an
attached garage, is considered to be a part of and contained within
the single-family structure.
3. It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
4. If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing
or proposed single-family structure in addition to an exterior
entrance that is separate from the main entrance to the primary
dwelling.
5. It includes an efficiency kitchen, as defined in subsection D above.
F. “Livable space” means a space in a dwelling intended for human
habitation, including living, sleeping, eating, cooking, or sanitation.
G. “Living area” means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure.
H. “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
I. “Passageway” means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
J. “Proposed dwelling” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
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K. “Public transit” means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and
other forms of transportation that charge set fares, run on fixed routes,
and are available to the public.
L. “Tandem parking” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
17.28.040 – Approvals.
The following approvals apply to ADUs and JADUs under this section:
A. Building-Permit Only. If an ADU or JADU complies with each of the
general requirements in subsection 0 below, it is allowed with only a
building permit in the following scenarios:
1. Converted on Single-family Lot: One ADU as described in this
subsectionA.1 and one JADU on a lot with a proposed or existing
single-family dwelling on it, where the ADU or JADU:
(a) Is either: within the space of a proposed single-family
dwelling; within the existing space of an existing single-
family dwelling; or (in the case of an ADU only) within the
existing space of an accessory structure, plus up to 150
additional square feet if the expansion is limited to
accommodating ingress and egress; and
(b) Has exterior access that is independent of that for the single-
family dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
(d) The JADU complies with the requirements of Government
Code sections 66333 through 66339.
2. Limited Detached on Single-family Lot: One detached, new-
construction ADU on a lot with a proposed or existing single-family
dwelling (in addition to any JADU that might otherwise be
established on the lot under subsection A.1 above), if the detached
ADU satisfies each of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet.
(b) The total floor area is 800 square feet or smaller.
(c) The peak height above grade does not exceed the
applicable height limit in subsection Bbelow.
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3. Converted on Multifamily Lot: One or more ADUs within portions
of existing multifamily dwelling structures that are not used as
livable space, including but not limited to storage rooms, boiler
rooms, passageways, attics, basements, or garages, if each
converted ADU complies with state building standards for
dwellings. Under this subsection A.3, at least one converted ADU is
allowed within an existing multifamily dwelling, up to a quantity
equal to 25 percent of the existing multifamily dwelling units.
4. Limited Detached on Multifamily Lot: No more than two
detached ADUs on a lot with a proposed multifamily dwelling, or up
to eight detached ADUs on a lot with an existing multifamily
dwelling, if each detached ADU satisfies all of the following:
(a) The side- and rear-yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback
of less than four feet, the City will not require any
modification to the multifamily dwelling as a condition of
approving the ADU.
(b) The peak height above grade does not exceed the
applicable height limit provided in subsection B below.
(c) If the lot has an existing multifamily dwelling, the quantity of
detached ADUs does not exceed the number of primary
dwelling units on the lot.
B. ADU Permit.
1. Except as allowed under subsection A above, no ADU may be
created without a building permit and an ADU permit in compliance
with the standards set forth in subsections 0 and 0 below.
2. The City may charge a fee to reimburse it for costs incurred in
processing ADU permits, including the costs of adopting or
amending the City’s ADU ordinance. The ADU-permit processing
fee is determined by the Director Of Community Development and
approved by the City Council by resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
2. The City must approve or deny an application to create an ADU or
JADU within 60 days from the date that the City receives a
completed application. If the City has not approved or denied the
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completed application within 60 days, the application is deemed
approved unless either:
(a) The applicant requests a delay, in which case the 60-day
time period is tolled for the period of the requested delay, or
(b) When an application to create an ADU or JADU is submitted
with a permit application to create a new single-family or
multifamily dwelling on the lot, the City may delay acting on
the permit application for the ADU or JADU until the City acts
on the permit application to create the new single-family or
multifamily dwelling, but the application to create the ADU or
JADU will still be considered ministerially without
discretionary review or a hearing.
3. If the City denies an application to create an ADU or JADU, the City
must provide the applicant with comments that include, among
other things, a list of all the defective or deficient items and a
description of how the application may be remedied by the
applicant. Notice of the denial and corresponding comments must
be provided to the applicant within the 60-day time period
established by subsection C.2 above.
4. A demolition permit for a detached garage that is to be replaced
with an ADU is reviewed with the application for the ADU and
issued at the same time.
17.28.050 – General ADU and JADU Requirements.
The following requirements apply to all ADUs and JADUs that are approved under
subsections A or B above:
A. Zoning.
1. An ADU subject only to a building permit under subsection A above
may be created on a lot in a residential or mixed-use zone.
2. An ADU subject to an ADU permit under subsection B above may
be created on a lot that is zoned to allow single-family dwelling
residential use or multifamily dwelling residential use.
3. In accordance with Government Code section 66333(a), a JADU
may only be created on a lot zoned for single-family residences.
B. Height.
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1. Except as otherwise provided by subsections B.2 and B.3 below, a
detached ADU created on a lot with an existing or proposed single
family or multifamily dwelling unit may not exceed 16 feet in height.
2. A detached ADU may be up to 18 feet in height if it is created on a
lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half mile walking distance of a major
transit stop or high quality transit corridor, as those terms are defined
in Section 21155 of the Public Resources Code, and the ADU may
be up to two additional feet in height (for a maximum of 20 feet) if
necessary to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
4. An ADU that is attached to the primary dwelling may not exceed 25
feet in height or the height limitation imposed by the underlying
zone that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection B.4
may not exceed two stories.
5. For purposes of this subsection B, height is measured from existing
legal grade or the level of the lowest floor, whichever is lower, to
the peak of the structure.
C. Fire Sprinklers.
1. Fire sprinklers are required in an ADU if sprinklers are required in
the primary residence.
2. The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter
than 30 days. This prohibition applies regardless of when the ADU or
JADU was created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code section 66341, no ADU or
JADU may be sold or otherwise conveyed separately from the lot and the
primary dwelling (in the case of a single-family lot) or from the lot and all of
the dwellings (in the case of a multifamily lot).
F. Septic System. If the ADU or JADU will connect to an onsite wastewater-
treatment system, the owner must include with the application a
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percolation test completed within the last five years or, if the percolation
test has been recertified, within the last 10 years.
G. Owner Occupancy.
1. ADUs created under this section on or after January 1, 2020 are
not subject to an owner-occupancy requirement.
2. As required by state law, all JADUs are subject to an owner-
occupancy requirement. A natural person with legal or equitable
title to the property must reside on the property, in either the
primary dwelling or JADU, as the person’s legal domicile and
permanent residence. However, the owner-occupancy requirement
in this subsection G.2 does not apply if the property is entirely
owned by another governmental agency, land trust, or housing
organization.
H. Deed Restriction. Prior to issuance of a certificate of occupancy for an
ADU or JADU, a deed restriction must be recorded against the title of the
property in the County Recorder’s office and a copy filed with the Director.
The deed restriction must run with the land and bind all future owners. The
form of the deed restriction will be provided by the City and must provide
that:
1. Except as otherwise provided in Government Code section 66341,
the ADU or JADU may not be sold separately from the primary
dwelling.
2. The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced
against future property owners.
4. The deed restriction may be removed if the owner eliminates the
ADU or JADU, as evidenced by, for example, removal of the
kitchen facilities. To remove the deed restriction, an owner may
make a written request of the Director, providing evidence that the
ADU or JADU has in fact been eliminated. The Director may then
determine whether the evidence supports the claim that the ADU or
JADU has been eliminated. Appeal may be taken from the
Director’s determination consistent with other provisions of this
Code. If the ADU or JADU is not entirely physically removed, but is
only eliminated by virtue of having a necessary component of an
ADU or JADU removed, the remaining structure and improvements
must otherwise comply with applicable provisions of this Code.
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5. The deed restriction is enforceable by the director or his or her
designee for the benefit of the City. Failure of the property owner to
comply with the deed restriction may result in legal action against
the property owner, and the City is authorized to obtain any remedy
available to it at law or equity, including, but not limited to, obtaining
an injunction enjoining the use of the ADU or JADU in violation of
the recorded restrictions or abatement of the illegal unit.
I. Rent Reporting. In order to facilitate the City’s obligation to identify
adequate sites for housing in accordance with Government Code sections
65583.1 and 66330, the following requirements must be satisfied:
1. With the building-permit application, the applicant must provide the
City with an estimate of the projected annualized rent that will be
charged for the ADU or JADU.
2. Within 90 days after each January 1 following issuance of the
building permit, the owner must report the actual rent charged for
the ADU or JADU during the prior year. If the City does not receive
the report within the 90-day period, the owner is in violation of this
Code, and the City may send the owner a notice of violation and
allow the owner another 30 days to submit the report. If the owner
fails to submit the report within the 30-day period, the City may
enforce this provision in accordance with applicable law.
J. Building & Safety.
1. Must comply with building code. Subject to subsection J.2
below, all ADUs and JADUs must comply with all local building
code requirements.
2. No change of occupancy. Construction of an ADU does not
constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code,
unless the Building Official or Code Enforcement Officer makes a
written finding based on substantial evidence in the record that the
construction of the ADU could have a specific, adverse impact on
public health and safety. Nothing in this subsection J.2 prevents the
City from changing the occupancy code of a space that was
uninhabitable space or that was only permitted for nonresidential
use and was subsequently converted for residential use in
accordance with this section.
17.28.060 – Specific ADU Requirements.
The following requirements apply only to ADUs that require an ADU permit under
subsection B above.
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A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this
Section 0 is 850 square feet for a studio or one-bedroom unit and
1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the
existing primary dwelling.
3. Application of other development standards in this Section 0, such
as FAR or lot coverage, might further limit the size of the ADU, but
no application of the percent-based size limit in subsection A.2
above or of an FAR, front setback, lot coverage limit, or open-space
requirement may require the ADU to be less than 800 square feet.
B. Floor Area Ratio (FAR). No ADU subject to this Section 0 may cause the
total FAR of the lot to exceed 45 percent, subject to subsection A.3 above.
C. Setbacks.
1. ADUs that are subject to this Section 0 must conform to 4-foot side
and rear setbacks.
2. ADUs that are subject to this subsection 0 must conform to 30-foot
front setbacks, subject to subsection A.3 above.
3. No setback is required for an ADU that is subject to this Section 0 if
the ADU is constructed in the same location and to the same
dimensions as an existing structure.
D. Lot Coverage. No ADU subject to this Section 0 may cause the total lot
coverage of the lot to exceed 50 percent, subject to subsection A.3 above.
E. Minimum Open Space. No ADU subject to this Section 0 may cause the
total percentage of open space of the lot to fall below 50 percent, subject
to subsection A.3 above.
F. Passageway. No passageway, as defined by Section I above, is required
for an ADU.
G. Parking.
1. Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem
parking, as defined by Section L above.
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2. Exceptions. No parking under Section G.1 is required in the
following situations:
(a) The ADU is located within one-half mile walking distance of
public transit, as defined in Section K above.
(b) The ADU is located within an architecturally and historically
significant historic district.
(c) The ADU is part of the proposed or existing primary
residence or an accessory structure under Section A.1
above.
(d) When on-street parking permits are required but not offered
to the occupant of the ADU.
(e) When there is an established car share vehicle stop located
within one block of the ADU.
(f) When the permit application to create an ADU is submitted
with an application to create a new single-family or new
multifamily dwelling on the same lot, provided that the ADU or
the lot satisfies any other criteria listed in subsections G.2(a)
through (e) above.
3. No Replacement. When a garage, carport, covered parking
structure, or uncovered parking space is demolished in conjunction
with the construction of an ADU or converted to an ADU, those off-
street parking spaces are not required to be replaced.
H. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows
and doors must be the same as those of the primary dwelling.
2. The roof slope must match that of the dominant roof slope of the
primary dwelling. The dominant roof slope is the slope shared by
the largest portion of the roof.
3. The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
5. The interior horizontal dimensions of an ADU must be at least 10
feet wide in every direction, with a minimum interior wall height of
seven feet.
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6. No window or door of the ADU may have a direct line of sight to an
adjoining residential property. Each window and door must either
be located where there is no direct line of sight or screened using
fencing, landscaping, or privacy glass to prevent a direct line of
sight.
7. All windows and doors in an ADU less than 30 feet from a property
line that is not a public right-of-way line must either be (for
windows) clerestory with the bottom of the glass at least six feet
above the finished floor, or (for windows and for doors) utilize
frosted or obscure glass.
I. Historical Protections. An ADU that is on or within 600 feet of real
property that is listed in the California Register of Historic Resources must
be located so as to not be visible from any public right-of-way.
J. Allowed Stories. No ADU subject to this Section 0 may have more than
one story, except that an ADU that is attached to the primary dwelling may
have the stories allowed under Section B.4.
17.28.070 – Fees.
The following requirements apply to all ADUs that are approved under Sections A or B
above.
A. Impact Fees.
1. No impact fee is required for an ADU that is less than 750 square
feet in size. For purposes of this Section A, “impact fee” means a
“fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a
fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here
does not include any connection fee or capacity charge for water or
sewer service.
2. Any impact fee that is required for an ADU that is 750 square feet
or larger in size must be charged proportionately in relation to the
square footage of the primary dwelling unit. (E.g., the floor area of
the ADU, divided by the floor area of the primary dwelling, times the
typical fee amount charged for a new dwelling.)
B. Utility Fees.
1. If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and
payment of the normal connection fee and capacity charge for a
new dwelling are required.
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2. Except as described in Section B.1, converted ADUs on a single-
family lot that are created under subsection A.1 above are not
required to have a new or separate utility connection directly
between the ADU and the utility. Nor is a connection fee or capacity
charge required.
3. Except as described in Section B.1, all ADUs that are not covered
by subsection B.2 require a new, separate utility connection directly
between the ADU and the utility for any utility that is provided by the
City. All utilities that are not provided by the City are subject to the
connection and fee requirements of the utility provider.
(a) The connection is subject to a connection fee or capacity
charge that is proportionate to the burden created by the
ADU based on either the floor area or the number of
drainage-fixture units (DFU) values, as defined by the
Uniform Plumbing Code, upon the water or sewer system.
(b) The portion of the fee or charge that is charged by the City
may not exceed the reasonable cost of providing this
service.
17.28.080 – Nonconforming Zoning Code Conditions, Building Code Violations,
and Unpermitted Structures.
A. Generally. The City will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs and JADUs constructed before 2020.
1. Permit to Legalize. As required by state law, the City may not
deny a permit to legalize an existing but unpermitted ADU or JADU
that was constructed before January 1, 2020, if denial is based on
either of the following grounds:
(a) The ADU or JADU violates applicable building standards, or
(b) The ADU or JADU does not comply with state ADU or JADU
law or this ADU ordinance (Chapter 17.28).
2. Exceptions:
(a) Notwithstanding Section B.1 above, the City may deny a
permit to legalize an existing but unpermitted ADU or JADU
that was constructed before January 1, 2020, if the City
makes a finding that correcting a violation is necessary to
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comply with the standards specified in California Health and
Safety Code section 17920.3.
(b) Section B.1 above does not apply to a building that is
deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.
17.28.090 – Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that would otherwise be allowed under this section but that
does not conform to the objective design or development standards set forth in Section
17.28.010 through 17.28.080 of this chapter may be allowed by the City with a
conditional use permit, in accordance with the other provisions of this title.
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ADU REGULATIONS THAT COMPLY WITH SB 1211 & AB 2553 (2024)
Chapter 17.28 – ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
17.28.010 – Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs)
and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1
of Title 7 of the California Government Code Sections 65852.2 and 65852.22. .
17.28.020 – Effect of conforming.Conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the City’s General Plan and Zoning
designation for the lot on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or
JADU is located.
C. Considered in the application of any local ordinance, policy, or program to
limit residential growth.
D. Required to correct a nonconforming zoning condition, as defined in H
below. This does not prevent the City from enforcing compliance with
applicable building standards in accordance with Health and Safety Code
Sectionsection 17980.12.
17.28.030 – Definitions.
As used in this section, terms are defined as follows:
A. "“Accessory dwelling unit"” or "“ADU"” means an attached or a detached
residential dwelling unit that provides complete independent living facilities
for one or more persons and is located on a lot with a proposed or existing
primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Sectionsection 17958.1 of the
California Health and Safety Code; and
2. A manufactured home, as defined by Sectionsection 18007 of the
California Health and Safety Code.
B. "“Accessory structure"” means a structure that is accessory and incidental
to a dwelling located on the same lot.
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C. "“Complete independent living facilities"” means permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated.
D. "“Efficiency kitchen"” means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
E. "“Junior accessory dwelling unit"” or "“JADU"” means a residential unit that
satisfies all of the following:
1. It is no more than five hundred500 square feet in size.
2. It is contained entirely within an existing or proposed single-family
dwellingstructure. An enclosed use within the residence, such as an
attached garage, is considered to be a part of and contained within
the single-family dwelling. structure.
3. It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family
dwellingstructure.
4. If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing
or proposed single-family dwellingstructure in addition to an exterior
entrance that is separate from the main entrance to the primary
dwelling.
5. It includes an efficiency kitchen, as defined in subsection (D)
above. D above.
F. "“Livable space” means a space in a dwelling intended for human
habitation, including living, sleeping, eating, cooking, or sanitation.
F.G. “Living area"” means the interior habitable area of a dwelling unit,
including basements and attics, but does not include a garage or any
accessory structure.
G.H. "“Nonconforming zoning condition"” means a physical improvement on a
property that does not conform with current zoning standards.
H.I. "“Passageway"” means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the ADU or JADU.
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I.J. "“Proposed dwelling"” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
J.K. "“Public transit"” means a location, including, but not limited to, a bus stop
or train station, where the public may access buses, trains, subways, and
other forms of transportation that charge set fares, run on fixed routes,
and are available to the public.
K.L. "“Tandem parking"” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
17.28.040 – Approvals.
The following approvals apply to ADUs and JADUs under this section:
A. Building-permitPermit Only. If an ADU or JADU complies with each of
the general requirements in Section 17.28.050 below,subsection 0 below,
it is allowed with only a building permit in the following scenarios:
1. Converted on Single-family Lot: One ADU as described in this
subsectionA.1 and one JADU on a lot with a proposed or existing
single-family dwelling on it, where the ADU or JADU:
(a) Is either: within the space of a proposed single-family
dwelling; within the existing space of an existing single-
family dwelling; or (in the case of an ADU only) within the
existing space of an accessory structure, plus up to one
hundred fifty150 additional square feet if the expansion is
limited to accommodating ingress and egress; and
(b) Has exterior access that is independent of that for the single-
family dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
(d) The JADU complies with the requirements of Government
Code sections 66333 through 66339.
2. Limited Detached on Single-family Lot: One detached, new -
construction ADU on a lot with a proposed or existing single-family
dwelling (in addition to any JADU that might otherwise be
established on the lot under subsectionA.1 above), if the detached
ADU satisfies each of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet.
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(b) The total floor area is eight hundred800 square feet or
smaller.
(c) The peak height above grade does not exceed the
applicable height limit provided in section 17.28.050(B). in
subsection Bbelow.
3. Converted on Multifamily Lot: One or more ADUs within portions
of existing multifamily dwelling structures that are not used as
livable space, including but not limited to storage rooms, boiler
rooms, passageways, attics, basements, or garages, if each
converted ADU complies with state building standards for
dwellings. Under this subsectionA.3, at least one converted ADU is
allowed within an existing multifamily dwelling, up to a quantity
equal to twenty-five25 percent of the existing multifamily dwelling
units.
4. Limited Detached on Multifamily Lot: No more than two
detached ADUs on a lot that has an existing or with a proposed
multifamily dwelling, or up to eight detached ADUs on a lot with an
existing multifamily dwelling, if each detached ADU satisfies bothall
of the following limitations: :
(a) The side- and rear-yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback
of less than four feet, the City will not require any
modification to the multifamily dwelling as a condition of
approving the ADU.
(b) The peak height above grade does not exceed the
applicable height limit provided in section 17.28.050(B).
subsection B below.
(c) If the lot has an existing multifamily dwelling, the quantity of
detached ADUs does not exceed the number of primary
dwelling units on the lot.
B. ADU Permit.
1. Except as allowed under subsection (A) above,A above, no ADU
may be created without a building permit and an ADU permit in
compliance with the standards set forth in Section 17.28.050 and
Section 17.28.060.subsections 0 and 0 below.
2. The City may charge an applicationa fee, adopted by resolution of
the City Council, to reimburse it for costs incurred in processing
ADU permits, including the costs of adopting or amending the City’s
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ADU ordinance. The ADU-permit processing fee is determined by
the Director Of Community Development and approved by the City
Council by resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
2. The City must approve or deny an application to create an ADU or
JADU within sixty60 days from the date that the City receives a
completed application. If the City has not approved or denied the
completed application within sixty60 days, the application is
deemed approved unless either:
(a) The applicant requests a delay, in which case the sixty60-
day time period is tolled for the period of the requested
delay, or
(b) When an application to create an ADU or JADU is submitted
with a permit application to create a new single-family or
multifamily dwelling on the lot, the City may delay acting on
the permit application for the ADU or JADU until the City acts
on the permit application to create the new single-family or
multifamily dwelling, but the application to create the ADU or
JADU will still be considered ministerially without
discretionary review or a hearing.
3. If the City denies an application to create an ADU or JADU, the City
must provide the applicant with comments that include, among
other things, a list of all the defective or deficient items and a
description of how the application may be remedied by the
applicant. Notice of the denial and corresponding comments must
be provided to the applicant within the sixty 60-day time period
established by subsection (C.2) above.
4. A demolition permit for a detached garage that is to be replaced
with an ADU is reviewed with the application for the ADU and
issued at the same time.
17.28.050 – General ADU and JADU requirements.Requirements.
The following requirements apply to all ADUs and JADUs that are approved under
Section 17.28.040(A)subsections A or (B):B above:
A. Zoning.
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1. An ADU or JADU subject only to a building permit under Section
17.28.040(A)subsection A above may be created on a lot in a
residential or mixed-use zone.
2. An ADU or JADU subject to an ADU permit under Section
17.28.040(B)subsection B above may be created on a lot that is
zoned to allow single-family dwelling residential use or multifamily
dwelling residential use.
3. In accordance with Government Code section 66333(a), a JADU
may only be created on a lot zoned for single-family residences.
B. Height.
1. Except as otherwise provided by subsections B.2 and B.3 below, a
detached ADU created on a lot with an existing or proposed single
family or multifamily dwelling unit may not exceed sixteen16 feet in
height.
2. A detached ADU may be up to eighteen18 feet in height if it is created
on a lot with an existing or proposed single family or multifamily
dwelling unit that is located within one-half mile walking distance of
a major transit stop or a high quality transit corridor, as those terms
are defined in Section 21155 of the Public Resources Code, and the
ADU may be up to two additional feet in height (for a maximum of
twenty20 feet) if necessary to accommodate a roof pitch on the ADU
that is aligned with the roof pitch of the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed eighteen18 feet in height.
4. An ADU that is attached to the primary dwelling may not exceed
twenty five25 feet in height or the height limitation imposed by the
underlying zone that applies to the primary dwelling, whichever is
lower. Notwithstanding the foregoing, ADUs subject to this
subsection B.4 may not exceed two stories.
5. For purposes of this subsection B, height is measured abovefrom
existing legal grade or the level of the lowest floor, whichever is
lower, to the peak of the structure.
C. Fire Sprinklers.
1. Fire sprinklers are required in an ADU if sprinklers are required in
the primary residence.
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2. The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter
than thirty30 days. This prohibition applies regardless of when the ADU or
JADU was created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code Section 65852.26section
66341, no ADU or JADU may be sold or otherwise conveyed separately
from the lot and the primary dwelling (in the case of a single-family lot) or
from the lot and all of the dwellings (in the case of a multifamily lot).
F. Septic System. If the ADU or JADU will connect to an onsite wastewater-
treatment system, the owner must include with the application a
percolation test completed within the last five years or, if the percolation
test has been recertified, within the last 10 years.
F.G. Owner Occupancy.
1. An ADU that is permitted after January 1, 2020, but before January 1, 2025,
is not subject to any owner-occupancy requirement.
2.1. Unless applicable law requires otherwise, all ADUs that are
permittedcreated under this section on or after January 1,
2025,2020 are not subject to an owner-occupancy requirement. A
natural person with legal or equitable title to the property must
reside on the property as the person's legal domicile and
permanent residence.
3.2. As required by state law, all JADUs are subject to an owner-
occupancy requirement. A natural person with legal or equitable
title to the property must reside on the property, in either the
primary dwelling or JADU, as the person’s legal domicile and
permanent residence. However, the owner-occupancy requirement
ofin this paragraphsubsection G.2 does not apply if the property is
entirely owned by another governmental agency, land trust, or
housing organization.
G.H. Deed Restriction. Prior to issuance of a building permitcertificate of
occupancy for an ADU or JADU, a deed restriction must be recorded
against the title of the property in the County Recorder’s office and a copy
filed with the Director. The deed restriction must run with the land and bind
all future owners. The form of the deed restriction will be provided by the
City and must provide that:
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1. Except as otherwise provided in Government Code Section
65852.26section 66341, the ADU or JADU may not be sold
separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other
attributes allowed by this chapter. section.
3. The deed restriction runs with the land and may be enforced
against future property owners.
4. The deed restriction may be removed if the owner eliminates the
ADU or JADU, as evidenced by, for example, removal of the
kitchen facilities. To remove the deed restriction, an owner may
make a written request of the Director, providing evidence that the
ADU or JADU has in fact been eliminated. The Director may then
determine whether the evidence supports the claim that the ADU or
JADU has been eliminated. Appeal may be taken from the
Director’s determination consistent with other provisions of this
Code. If the ADU or JADU is not entirely physically removed, but is
only eliminated by virtue of having a necessary component of an
ADU or JADU removed, the remaining structure and improvements
must otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the Directordirector or his or
her designee for the benefit of the City. Failure of the property
owner to comply with the deed restriction may result in legal action
against the property owner, and the City is authorized to obtain any
remedy available to it at law or equity, including, but not limited to,
obtaining an injunction enjoining the use of the ADU or JADU in
violation of the recorded restrictions or abatement of the illegal unit.
I. Rent Reporting. In order to facilitate the City’s obligation to identify
adequate sites for housing in accordance with Government Code sections
65583.1 and 66330, the following requirements must be satisfied:
1. With the building-permit application, the applicant must provide the
City with an estimate of the projected annualized rent that will be
charged for the ADU or JADU.
2. Within 90 days after each January 1 following issuance of the
building permit, the owner must report the actual rent charged for
the ADU or JADU during the prior year. If the City does not receive
the report within the 90-day period, the owner is in violation of this
Code, and the City may send the owner a notice of violation and
allow the owner another 30 days to submit the report. If the owner
fails to submit the report within the 30-day period, the City may
enforce this provision in accordance with applicable law.
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H.J. Building and& Safety.
1. Must comply with building code. Subject to subsection (H)(2)A.1
below, all ADUs and JADUs must comply with all local building
code requirements.
2. No change inof occupancy. Construction of an ADU does not constitute a Group R occupancy
change under the local building code, as described in Section 310 of the California Building Code,
unless the building officialBuilding Official or Code Enforcement Division officerOfficer
makes a written finding based on substantial evidence in the record that the construction of the
ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection
(H)(2)A.1 prevents the City from changing the occupancy code of a space that was uninhabitable
space or that was only permitted for nonresidential use and was subsequently converted for
residential use in accordance with this section.
2.
17.28.060 – Specific ADU requirements.Requirements.
The following requirements apply only to ADUs that require an ADU permit under
Section 17.28.040(B).subsection B above.
A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this
Section 0 is eight hundred fifty850 square feet for a studio or one-
bedroom unit and one thousand1,000 square feet for a unit with two
or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary
dwelling is further limited to fifty50 percent of the floor area of the
existing primary dwelling, subject to subsection (A)(3) below.
3. Application of other development standards in this Section 0, such
as FAR or lot coverage, might further limit the size of the ADU, but
no application of the percentagepercent-based size limit in
subsection A.2 above or of an FAR, front setback, lot coverage
limit, or open-space requirement may require the ADU to be
smallerless than eight hundred800 square feet.
B. Floor Area Ratio (FAR). No ADU subject to this Section 0 may cause the
total FAR of the lot to exceed forty-five45 percent, subject to Section
17.28.060(A)(3) above.subsection A.3 above.
C. Setbacks.
1. Front Yard.
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(a) Subject to subsection (C)(1)(b) below, no part of any ADU subject to
this Section 17.28.060 may be located within thirty feet of the front
property line.
(b) If the front yard setback is the only location on the lot where an ADU
may be lawfully constructed, then the ADU may encroach into the
required front yard setback as necessary to enable the construction
of an eight hundred square foot unit.
2. No part of any ADU subject to this Section 17.28.060 may be located within
four feet of a side or rear property line.
1. ADUs that are subject to this Section 0 must conform to 4-foot side
and rear setbacks.
2. ADUs that are subject to this subsection 0 must conform to 30-foot
front setbacks, subject to subsection A.3 above.
3. No setback is required for an ADU that is subject to this Section 0 if
the ADU is constructed in the same location and to the same
dimensions as an existing structure.
D. Lot Coverage. No ADU subject to this Section 0 may cause the total lot
coverage of the lot to exceed fifty50 percent, subject to Section
17.28.060(A)(3) above.subsection A.3 above.
E. Minimum Open Space. No ADU subject to this Section 0 may cause the
total percentage of open space of the lot to fall below fifty50 percent,
subject to subsection Section 17.28.060(A)(3) above.A.3 above.
F. Passageway. No passageway, as defined by Section 17.28.030(H)
above,I above, is required for an ADU.
G. Parking.
1. Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem
parking, as defined by Section 17.28.030(K) above.L above.
2. Exceptions. No parking under Section G.1 is required in the
following situations:
(a) The ADU is located within one-half mile walking distance of
public transit, as defined in subsection Section 17.28.030(J)
above. Section K above.
(b) The ADU is located within an architecturally and historically
significant historic district.
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(c) The ADU is part of the proposed or existing primary
residence or an accessory structure under Section A.1
above.
(d) When on-street parking permits are required but not offered
to the occupant of the ADU.
(e) When there is an established car share vehicle stop located
within one block of the ADU.
(f) When the permit application to create an ADU is submitted
with an application to create a new single-family or new
multifamily dwelling on the same lot, provided that the ADU or
the lot satisfies any other criteria listed in subsections G.2(a)
through (G)(2)(e) above.(e) above.
3. No Replacement. When a garage, carport, or covered parking
structure, or uncovered parking space is demolished in conjunction
with the construction of an ADU or converted to an ADU, those off-
street parking spaces are not required to be replaced.
H. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows
and doors must match the appearance and architectural design
ofbe the same as those of the primary dwelling.
2. The roof slope must match that of the dominant roof slope of the
primary dwelling. The dominant roof slope is the slope shared by
the largest portion of the roof.
3. The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
5. The interior horizontal dimensions of an ADU must be at least
ten10 feet wide in every direction, with a minimum interior wall
height of seven feet.
6. FencingNo window or door of the ADU may have a direct line of
sight to an adjoining residential property. Each window and door
must either be located where there is no direct line of sight or
screened using fencing, landscaping, or privacy glass may be used
to provide screening and to prevent a direct line of sight to
contiguous residential property.
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7. The architectural treatment of All windows and doors in an ADU to be constructed
on less than 30 feet from a lotproperty line that has an identified historical resource
listed on is not a public right-of-way line must either be (for windows) clerestory with the
California Registerbottom of Historic Resources must comply with all
applicable ministerial requirements imposed by the Secretary of Interior.
I. Landscape Requirements.
1. Evergreen landscape screening must be planted and maintained between
the ADU and adjacent parcels as follows:
(a) At least one, fifteen-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively,glass at least one, twenty-four-
inch box size plant shall be provided for every ten linear feet of
exterior wall.
(b) Plant specimens six feet above the finished floor, or (for windows and for
screening must be at least eight feet tall when installed. As an
alternative, a solid fence of at least eight feet in height may be
installed.
2. All landscaping must be drought-tolerant.
3.7. All landscaping must be from the City's approved plant listdoors)
utilize frosted or obscure glass.
J. Historical Protections. An ADU that is subject to this Section 17.28.060 and that is on or within
six hundred600 feet of real property that is listed in the California Register of Historic Resources must
be located so as to not be visible from any public right-of-way.
I.
J. Allowed Stories. No ADU subject to this Section 0 may have more than
one story, except that an ADU that is attached to the primary dwelling may
have the stories allowed under Section B.4.
17.28.070 – Fees.
The following requirements apply to all ADUs and JADUs that are approved under
Sections A or Section 17.28.040(B).B above.
A. Impact Fees.
1. No impact fee is required for an ADU that is less than seven
hundred fifty750 square feet in size. For purposes of this Section A,
“impact fee"” means a "“fee"” under the Mitigation Fee Act (Gov.
Code § 66000(b)) and a fee under the Quimby Act (Gov. Code
§ 66477). "“Impact fee"” here does not include any connection fee
or capacity charge for water or sewer service.
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2. Any impact fee that is required for an ADU that is seven hundred
fifty750 square feet or larger in size must be charged
proportionately in relation to the square footage of the primary
dwelling unit. (E.g., the floor area of the ADU, divided by the floor
area of the primary dwelling, times the typical fee amount charged
for a new dwelling.)
B. Utility Fees.
1. If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and
payment of the normal connection fee and capacity charge for a
new dwelling are required.
2. Except as described in subsection 17.28.070(B)(1),Section B.1,
converted ADUs on a single-family lot that are created under
Section 17.28.040(A)(1) abovesubsection A.1 above are not
required to have a new or separate utility connection directly
between the ADU and the utility. Nor is a connection fee or capacity
charge required.
3. Except as described in Section B.1, all ADUs that are not covered
by Section 17.28.070(B)(2) abovesubsection B.2 require a new,
separate utility connection directly between the ADU and the utility
for any utility that is provided by the City. All utilities that are not
provided by the City are subject to the connection and fee
requirements of the utility provider.
(a) The connection is subject to a connection fee or capacity
charge that is proportionate to the burden created by the
ADU based on either the floor area or the number of
drainage-fixture units (DFU) values, as defined by the
Uniform Plumbing Code, upon the water or sewer system.
(b) The portion of the fee or charge that is charged by the City
may not exceed the reasonable cost of providing this
service.
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17.28.080 – Nonconforming Zoning Code Conditions, Building Code Violations,
and Unpermitted Structures.
A. Generally. The City will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs and JADUs constructed before 20182020.
1. Permit to Legalize. As required by state law, the City may not
deny a permit to legalize an existing but unpermitted ADU or JADU
that was constructed before January 1, 20182020, if denial is based
on either of the following grounds:
(a) The ADU or JADU violates applicable building standards;, or
(b) The ADU or JADU does not comply with state ADU or JADU
law (Government Code Section 65852.2) or this ADU
ordinance (Chapter 17.28).
2. Exceptions.:
(a) Notwithstanding subsection (B)(1) above,Section B.1 above,
the City may deny a permit to legalize an existing but
unpermitted ADU or JADU that was constructed before
January 1, 20182020, if the City makes a finding that
correcting a violation is necessary to protectcomply with the
healthstandards specified in California Health and safety of
the public or of occupants of the structureSafety Code
section 17920.3.
(b) Subsection (B)(1) aboveSection B.1 above does not apply to
a building that is deemed to be substandard in accordance
with California Health and Safety Code section 17920.3.
17.28.090 – Nonconforming ADUs and discretionary approval.Discretionary
Approval.
Any proposed ADU or JADU that would otherwise be allowed under this section but that
does not conform to the objective design or development standards set forth in Section
17.28.010 through Section 17.28.080 of this chapter may be allowed by the City with a
conditional use permit, in accordance with the other provisions of this title.
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Agenda Item No.: 12.A
Mtg. Date: 10/15/2024
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:JOHN F. SIGNO, AICP,
THRU:KARINA BAÑALES, CITY MANAGER
SUBJECT:DISCUSSION ON BUILDING HEIGHT
DATE:October 15, 2024
BACKGROUND:
Recently, there has been discussion about the City's height limitation allowed. Rolling Hills
Municipal Code (RHMC) Section 17.16.080 limits a building or structure to no more than one
story. The only exceptions are for basements, stables, and storage areas (Attachments 1 and
2).
DISCUSSION:
Basements
Basements are located below ground and often not seen. Homes are allowed to have multiple
basement levels. A portion of the basement may daylight provided it does not exceed a height
of 5 feet nor an average height of 2-1/2 feet at any point immediately adjacent to the basement
exterior.
Lofts
Many stables in the City have lofts as defined in RHMC Section 17.12.120 (Attachment 2).
These lofts often appear to be second stories and can reach a height of 25 feet (Attachment
3). Lofts for a stable are meant to store hay and horse equipment but may also be used as a
tack room provided there are no sleeping quarters.
Lofts may also be found in some residences and may be legal if they were built prior to the
City's incorporation in 1957. Additionally, residences in the Overlay Zoning District (OZD-1)
have steeper pitched roofs to meet architectural standards for a colonial building, which is a
standard imposed by the Rolling Hills Community Association (RHCA). Lofts are not allowed in
the OZD-1 district, but many have attic spaces converted to a loft or second story because of
the high ceiling heights.
Storage Areas
RHMC Section 17.12.190 defines a storage area as a "space within a building or structure,
including attics, used for storing items." A storage area is allowed to be located above or
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below a story, but is not meant to be livable and cannot have doors to the exterior, window
openings, heating or air conditioning. A storage area may not exceed six feet in height at any
one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which
could be more than six feet high at the peak of the ceiling. Staff reviews plans to make sure
staircases are not shown leading to a storage area in the attic.
Conclusion
The Planning Commission should discuss if the height requirement in the Code is adequate. If
not, the Commission can make recommendations to improve or amend the height requirement
to be considered at a later date.
FISCAL IMPACT:
None.
RECOMMENDATION:
Discuss and provide direction.
ATTACHMENTS:
Attachment 1: PL_SUB_BH_RHMC_Section_17.16.080_Height_limitation..pdf
Attachment 2: PL_SUB_BH_RHMC_Chapter_17.12_Code_Definitions.pdf
Attachment 3: PL_SUB_STA_Stable_Comparison.pdf
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17.16.080 Height limitation.
A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no
story on top of another, except as specified in subsection (B) below.
The maximum height permitted from finished floor of any structure to finished grade is five feet. The
difference between the finished grade and the finished floor level across any elevation shall average no more than
two and one‐half feet, with maximum difference of five feet.
B. Exceptions:
1. A one‐story primary residence is permitted over a basement. For the purpose of this section primary
residence includes a garage attached to the main residence by a solid wall.
2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title.
3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story.
(Ord. 312 § 2, 2008: Ord. 295 § 7 (Exh. B (part)), 2004; Ord. 269 § 8, 1997; Ord. 239 § 11(part), 1993).
(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7‐15‐2010; Ord. No. 327, § 6(Exh. A, Pt. 7), 6‐11‐2012)
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DEFINITIONS
17.12.020 "B" words, terms and phrases.
Barn. See "stable."
"Basement" means any floor level below the first story of the primary residence, except
that a floor level in a building having only one floor level shall be classified as a basement unless
such floor level qualifies as a first story as defined herein. Except for walls within light wells,
basement walls across any elevation may not exceed a height of five feet above finished grade
at any point immediately adjacent to the basement exterior, and shall have no greater than an
average of two and one‐half feet exterior height. Basements shall comply with the Los Angeles
County Building Code requirements. Basement well(s) shall be incorporated into the overall
design of the building so that it does not give an appearance of a separate story.
"Building" means any structure having a roof supported by columns or walls and intended
for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or
materials of any kind or nature.
17.12.030 ‐ "C" words, terms and phrases.
Cellar. See "basement."
17.12.120 "L" words, terms and phrases.
"Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles,
other horse equipment and similar equestrian or agricultural related items, or tack room uses,
but excludes sleeping quarters.
17.12.160 ‐ "P" words, terms and phrases.
"Plate height" means the height of a building measured from the finished floor level to the
top of the wall.
17.12.190 "S" words, terms and phrases.
"Stable" means the same as "barn" and is a building or a portion of a building designed and
constructed to shelter permitted domestic animals and store farm implements, hay, grain,
equestrian and horticultural related items and equipment. Stable may include agricultural
space, loft and tack room space. Stable shall not be a place for human habitation, except for
uses specifically permitted in the tack room; it may not be rented out or be used for human
sleeping or commercial purposes.
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"Storage area" means space within a building or structure, including attics, used for storing
of items. It includes spaces located below or above a story and may not exceed six feet in height
at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline,
which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall
not have doors to the exterior, window openings, heating or air conditioning.
"Storage room, free standing," shall mean an accessory structure used exclusively for
storage of household, equestrian, garden and similar items.
"Story" means that portion of a building included between the upper surface of any floor
and the ceiling or roof above it. There shall be no story on top of another, except as permitted
in Section 17.16.080(B) of this title.
"Structure" means a combination of materials assembled in a form for use, occupancy or
ornamentation whether installed on, above or below the surface of land or water and requiring
a fixed location or attached to something having a fixed location. Structure shall also include,
but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere,
latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden
walls, decks, and subterranean structures other than basements.
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STABLE COMPARISON
Address Size (SF) Height
(Ft.)
Yr.
Approved
Notes
9 PBR 1,334 21.4 2023
74 PBR 960 11 2023
8 Middleridge Ln S 750 13 2022
29 Crest Rd W 900 13.5 2022 Originally approved for 934 SF
8 Quail Ridge Rd N 2,780 25 2021 Plus 7' cupola = 32'
8 Upper Blackwater Cyn Rd 1,875 12 2021 Approx. height
15 Upper Blackwater Cyn Rd. 935 20.8 2021
13 PBR 3,360 24 2019
1 Poppy Trail 452 12.25 2019
20 Upper Blackwater Cyn Rd. 3,575 20 2018
11 Upper Blackwater Cyn Rd. 744 20 2017
7 Middleridge Lane S. 1,361 18.4 2017
6 Meadowlark Ln. 779 20 2017
11 Saddleback 2,340 19.5 2017 To top of cupola
5 Pine Tree Ln. 1,200 14 2017 Plus cupola = ~19'
10 Crest Rd. W 1,188 19.3 2016
77 Crest Rd. E 3,691 18.4 2016
9 Chuckwagon Rd. 2,088 21 2014
3 Meadowlark Ln. 840 19.6 2013
29 Middleridge Ln. S 2,960 23.4 2011
14 Portuguese Bend Rd. 918 18.5 2005 1st floor only
6 Possum Ridge Rd. 1,680 21.5 2003 1st floor only
23 Crest Rd. E 1,225 18.75 Proposed; not built
6 Saddleback Rd. 650 17
2 Meadowlark Ln. 239 18 1st floor only
11 Saddleback Road 2,414 16 2018
2 Possum Ridge 1,890 1994
29 Middleridge Ln. S 3,200 23.6 1996
4 Stormhill Lane 2,064 12.5
1 Pine Tree Lane 2,976 14.5 2015
1 Morgan Lane 4,038 24.9 1st Flr. 2,377 SF; 2nd Flr. 1,721 SF
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