295ZC&SUBDORDINANCE NO. 295
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING COMPREHENSIVE AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE TITLE 16 SUBDIVISION AND TITLE 17 ZONING AND AMENDING TITLE 16 AND TITLE
17 OF THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Planning Commission adopted Resolution No. 2004-16 recommending that the City Council adopt an ordinance amending the City of Rolling Hills Municipal Code and specifically
the Subdivision Code and the Zoning Code.
Section 2. In the past several years, staff came upon inconsistent, unclear, vague and ambiguous language and provisions in the existing Subdivision and Zoning Codes. To address these
issues, staff and the Planning Commission proposed to clarify, modify and revise certain provisions of the Codes.
Section 3. Chapter 17.50 of the Zoning Code contains provisions to allow for amendments to the Codes. A public hearing before the Planning Commission is necessary, before a recommendation
can be forwarded to the City Council for an Ordinance amending the Subdivision and Zoning Codes provisions. At least one public hearing is required by the City Council to amend the Municipal
Code.
Section 4. The City Council held duly noticed public hearings on September 13, 2004, September 27, 2004, October 25, 2004, November 8, 2004 and November 22, 2004, to review the proposed
amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed
and studied said proposal.
Section 5. The City Council public hearing was noticed in the Palos Verdes Peninsula News on September 4, 2004. Letters were sent to engineers, contractors, architects, developers, RHCA
and Rolling Hills residents, who expressed interest during the Planning Commission proceedings informing them of this public hearing. Notices were also placed in the City’s Bi-monthly
Newsletter.
Section 6. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff
analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff prepared
a Negative Declaration. The City Council has reviewed the Negative Declaration and finds that it represents the independent judgment of the City and that it was prepared in compliance
with CEQA guidelines. Therefore, the City Council hereby adopts the Negative Declaration in accordance with the CEQA requirements.
Section 7. The City Council hereby adopts the proposed Subdivision Code and Zoning Code amendments, as specified in Exhibit A, (Subdivision Code amendment) and Exhibit B, (Zoning Code
amendment), which are attached to this ordinance and made a part thereof.
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF NOVEMBER, 2004.
/s/ Thomas Heinsheimer
____________________________________
THOMAS HEINSHEIMER, MAYOR
ATTEST:
/s/ Marilyn Kern
_____________________________________________
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 295 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING COMPREHENSIVE AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE TITLE 16 SUBDIVISION AND TITLE 17 ZONING AND AMENDING TITLE 16 AND TITLE
17 OF THE ROLLING HILLS MUNICIPAL CODE.
was approved and adopted at a regular meeting of the City Council on November 22, 2004 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
/s/ Marilyn Kern
________________________________________________
DEPUTY CITY CLERK
EXHIBIT A
TITLE 16, SUBDIVISION CODE
Amend Title 16, Subdivision as follows:
1. Section 16.04.200 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.04.200 Notice. Whenever a public hearing is held pursuant to any provision of this title, notice of the time and place thereof, including a general description of the location of
the subdivision or proposed subdivision, shall be given in the manner as prescribed in Section 17.34.030 of this code.
2. Add Section 16.08.000 to Title 16, Subdivision, Chapter 16.08 DEFINITIONS to read as follows:
Section 16.08.000 Association. See Rolling Hills Community Association.
3. Add Section 16.08.195 to Title 16, Subdivision, Chapter 16.08 DEFINITIONS to read as follows:
16.08.195 Rolling Hills Community Association. “Rolling Hills Community Association” means the Rolling Hills Community Association of Rancho Palos Verdes, a non-profit California corporation,
also known as “Association”.
4. Section 16.12.050 H of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.12.050 Contents – Matters required
H. The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the
setbacks; (ii) a minimum of four hundred fifty square foot stable area; and (iii) a minimum of five hundred fifty square foot corral area. The grade of access to the building pad shall
not be greater than twelve percent, or as otherwise approved by the Planning Commission; and to the stable area not greater than twenty-five percent;
5. Section 16.16.010 Lot Size, subparagraph C. of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
C. For the purposes of this section "net lot area" means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded
roadway easement (or roadway easement required to be dedicated as a condition of the subdivision) plus the area within ten feet measured perpendicular to the edge of the roadway easement;
(b) the ten-foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel; and (d) the access strip
portion of a flag lot.
6. Section 16.16.080 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.16.080 Private streets. All streets shall be shown on the tentative map and on the final map as private streets, but the final map shall contain a conditional offer of dedication,
which may be accepted by the City Council at such time as the street is opened to public travel for three months or more. The subdivider, by means of restrictive covenants or contracts
satisfactory to the Advisory Agency, shall provide for the payment by the purchasers of land in the subdivision of all costs of repairing and maintaining such private streets until such
time as said conditional offer of dedication is accepted by the City Council. All easements for private streets or other purposes shown on the map, if not accepted by the City as provided
in this section, may be, but need not be, conveyed to the Association. A recorded written agreement of the Association to maintain and repair said streets, submitted to the City Clerk,
shall constitute a satisfactory arrangement for the payment of costs of repairing and maintaining such private streets.
7. Section 16.16.170 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.16.170 Lot layout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the
setbacks; (ii) a minimum of four hundred fifty square foot stable area; and (iii) a minimum of five hundred fifty square foot corral area. The grade of access to the building pad shall
not be greater than twelve percent, unless otherwise approved by the Planning Commission pursuant to Section 17.16.160 of the Zoning Ordinance, and to the stable area not greater than
twenty-five percent.
8. Section 16.20.140 of Title 16, of the Rolling Hills Municipal Code is amended to read as follows:
16.20.140 Underground utilities. Utility lines, including but not limited to electric, communications, and cable television, shall be placed underground prior to receiving final map
approval from the City Council. The subdivider shall be responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies
for the installation of such facilities. All appurtenant and associated equipment, such as but not limited to transformers, meter cabinets and other facilities shall be placed underground,
unless the affected utility company determines that placement of its facilities underground is not technically feasible. The subdivider may request a waiver from this requirement, by
providing a letter to the City from the utility companies explaining the reason(s) why the undergrounding of the appurtenant facilities is not feasible.
9. Section 16.20.170 of Title 16, of the Rolling Hills Municipal Code is amended to read as follows:
16.20.170 Improvement agreement. If a required improvement other than undergrounding of utilities is not completed before a final map is approved, the subdivider shall enter as contractor
into an agreement with the City to complete the improvement no later than thirty-six (36) months after recording the final map or such other time as determined by the City Council at
the time the final map is approved. Undergrounding of utilities shall be completed prior to final map approval as specified in Section 16.20.140.
10. Section 16.20.210B of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.20.210 Grading prohibitions.
B. Maximum Disturbed Area. Disturbance shall be limited to forty percent of the net lot area. Disturbance shall include any remedial grading (temporary disturbance), any proposed or
existing graded slopes and graded building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously
disturbed impervious surface, such as an abandoned driveway or other areas determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain
and contours of the immediately adjacent area, without triggering grading, as defined in Section 15.04.120 of the Municipal Code, then such area shall not be considered disturbed.
11. Section 16.20.230 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.20.230. Boundary line easements. The subdivider shall dedicate an easement for bridle trail and utility purposes over the strips and portions of land of a width determined by the
Association lying entirely within and abutting upon the sidelines and rear lines of each lot of the subdivision. The conveyance of said easements to the Association shall be deemed compliance
with the requirements of this section.
12. Section 16.24.010 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.24.010 Time limit of tentative maps. Within twenty-four (24) months after the approval or conditional approval of a tentative map, a subdivider may cause the proposed division of
land to be accurately surveyed and a final map prepared and filed in the office of the County Recorder; otherwise, the map shall expire. The time limit for such filing may be extended
by the City Council for a period not to exceed a total of five years.
13. Section 16.24.070 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.24.070 Dedications--Streets, roadways and other vehicular, pedestrian, and equestrian rights-of-way.
A. Except as otherwise provided by this title, streets, roadways, and other vehicular, pedestrian and equestrian rights-of-way, or portions thereof, which are required as a condition
precedent to filing a final map, shall be offered for public use. The subdivider, by means of restrictive covenants or contracts satisfactory to the Advisory Agency, shall provide for
the payment by the purchasers of land in the subdivision of all costs of repairing and maintaining such private streets until such time as said conditional offer of dedication shall
be accepted by the City Council. If the easements for private streets shown on the final map are not accepted by the City, they shall be conveyed to the Association. A recorded written
agreement of the Association to maintain and repair said streets, submitted to the City Clerk, shall constitute a satisfactory arrangement for the payment of costs of repairing and maintaining
such private streets.
B. Future streets shall be offered for public use, which offer shall remain open for an indeterminate period of time until the City Council determines that the opening of the street
is warranted. The owners of the underlying fee to any portion of a future street shall retain the right to any and all ordinary uses of such land, except the erection or construction
thereon of any structure not ordinarily placed in public streets, until such time as the City Council opens the street for public use.
14. Section 16.24.080 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.24.080 Access rights. Access rights to major and secondary highways and to one street for double frontage lots, except corner lots, shall be dedicated to the City, or may be conveyed
to the Association.
15. Section 16.28.100 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.28.100 Improvement securities--Amount and purpose. An improvement security shall be for the following amounts:
An amount estimated by the inspecting officer to be equal to one hundred percent of the total cost of improvements covered by the security, guaranteeing the faithful performance of the
improvement work; and
B. An additional amount estimated by the inspecting officer to be equal to not less than fifty percent nor more than one hundred percent of the cost of the improvements covered
by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them.
16. Section 16.28.150 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows:
16.28.150 Park in-lieu fees and/or dedication of land when subdividing property. The subdivider of property within the City shall dedicate land or pay a fee in lieu thereof for all
lots created not having a dwelling unit at the time of tentative map approval for purposes of park and recreational facilities in accordance with the following proportional standards:
A. The amount of fee in lieu of land dedication shall be arrived at by multiplying the per-dwelling average of the total citywide assessed evaluation of full market value (land and
improvements), as determined by the latest available secured County of Los Angeles assessment rolls by the park standard per lot. The park standard per lot is derived by multiplying
the park standard per person, set by the Subdivision Map Act, by the citywide average number of persons per dwelling, derived from the most recent United States census data.
B. The amount of land to be dedicated by a subdivider pursuant to this section shall be based on the conversion of the park standard per lot to acreage. This conversion shall be the
citywide average number of persons per dwelling, derived from the most recent United States census data, divided by the park standard per person set by the Subdivision Map Act and multiplied
by 43,560 square feet (1 acre).
C. Choice of land or fee payment and the procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
1. At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether it is desired to dedicate property for park
and recreational purposes, or pay a fee in lieu thereof. If dedication of land is requested, then the area proposed for dedication shall be shown on the tentative map as submitted.
2. At the time of the tentative map consideration the City Council shall determine as a part of such proceedings whether to require dedication of land within the subdivision, payment
of a fee in lieu, or a combination thereof. The City Council shall evaluate the recommendation of the advisory agency in making a determination relative to land dedication or payment
of fee in lieu.
3. Where dedication of land is required, it shall be accomplished in accordance with the provisions of the State of California Subdivision Map Act. Where in-lieu fees are required,
such fees shall be deposited with the City prior to approval of the final map, and shall be based on the calculations of subsection A above.
4. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be solely a City Council decision which
shall be determined by consideration of the following:
a. Provisions of the general plan; and
b. Location of land proposed for dedication and ability to serve all residents of the City.
17. Title 16 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 16.44 to read as follows:
Chapter 16.44
Lot Line Adjustment
16.44.010 Purpose of chapter
This chapter provides procedures for the preparation, filing, processing, and approval or denial of lot line adjustment applications, consistent with the policies of the general plan
and the requirements of the Subdivision Map Act.
16.44.020 Applicability
A. The lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent
parcel and where no more parcels are created than originally existed. For the purposes of this chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels
involved in the adjustment.
B. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.
16.44.030 Adjustment application and processing
A lot line adjustment application shall be prepared, filed and processed as provided by this section.
Application content. A lot line adjustment application shall include all information and other materials required by the City Manager or designee and be accompanied by a filing fee
set forth in the City’s Resolution of fees schedule.
Processing. Lot line adjustment applications shall be submitted to the City Manager or designee and shall be processed in compliance with the procedures specified in Chapter 17.46 for
Site Plan Review of the Zoning Ordinance.
(3) Association Review. Lot line adjustment application shall be accompanied by proof that the Association reviewed the project for potential impacts to existing easements and trails.
16.44.040 Approval or denial of adjustment
The Planning Commission shall determine whether the parcels resulting from the adjustment will conform to the applicable provisions of this title. The Planning Commission may approve,
conditionally approve, or deny the lot line adjustment in compliance with this section. Decisions made by the Planning Commission may be appealed to the City Council in compliance with
chapter 17.46 Site Plan Review of the Zoning Ordinance.
Required findings. A proposed lot line adjustment shall be denied if the Planning Commission finds any of the following:
The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;
Any parcel resulting from the adjustment will conflict with any applicable regulations of the zoning ordinance; or
The adjustment will result in an increase in the number of nonconforming parcels.
Conditions of approval. In approving a lot line adjustment, the Planning Commission shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements
of this Chapter, Title 17 (Zoning) and Title 15 (Building and Construction) of the Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, trails or easements.
16.44.050 Completion of adjustment
Within the time period specified in Section 17.46.080 Expiration of Approval of Site Plan Review, the process shall be completed in compliance with this section through the recordation
of a deed or record of survey, after all conditions of approval have been satisfied.
Completion by deed. A lot line adjustment shall not be effective or finally completed until a grant deed signed by the record owners has been recorded. The applicant shall submit deeds
to the City Manager or designee for review and approval in compliance with subsection (3) below before recordation of the grant deed. A qualified registered civil engineer, or a licensed
land surveyor licensed or registered in the state shall prepare the legal descriptions provided in the deeds.
Completion by record of survey. If required by Business and Professions Code § 8762 et seq., a lot line adjustment shall not be effective or final until a record of survey has been checked
by the City Manager or designee and recorded by the county recorder.
Review and approval by City Manager or designee. The City Manager or designee shall:
Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;
Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;
Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel,
and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;
If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and
After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.
(4) Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed and recorded within the time period specified in Section 17.46.080
Site Plan Review of the Zoning Ordinance.
18. Title 16 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 16.48 to read as follows:
Chapter 16.48
Certificates of Compliance
16.48.010 Purpose of chapter
This chapter provides procedures for the filing, processing, and approval or denial of certificates of compliance and conditional certificates of compliance, consistent with the policies
of the general plan and the requirements of the Subdivision Map Act.
16.48.020 Applicability
A certificate of compliance is a document recorded by the county recorder, which acknowledges that the subject parcel is considered by the City to be a legal lot of record. A conditional
certificate of compliance is used instead of a certificate of compliance to validate a parcel that was not legally subdivided.
Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request, or the City may require as a condition of approval of a land development
permit, a certificate or conditional certificate of compliance.
16.48.030 Application contents
A certificate of compliance application shall include the form provided by the City Manager or designee, the required filing fee, a chain of title, consisting of copies of all deeds
beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map, and other information as requested by the reviewing authority.
16.48.040 Review and approval
A. City action. The City Manager or designee shall review all available information and make a determination whether the real property was divided in accordance with the Subdivision
Map Act, this title, and other applicable provisions of the Municipal Code. Upon making the determination, the property owner shall cause a certificate of compliance to be filed with
the county recorder. In the event that the City Manager or designee determines that the real property does not comply with the provisions of this title or the map act, the application
shall instead be processed as a conditional certificate of compliance.
B. Form of certificate. The certificate of compliance shall identify the real property, shall state that the division complies with the provisions of the map act and this title, and
shall include all information required by Government Code section 66499.35.
C. Effective date of certificate. A certificate of compliance shall not become final until the county recorder has recorded the document.
16.48.050 Conditional certificates of compliance
A conditional certificate of compliance is used to validate a parcel that was not legally divided. If the current owners are the original subdividers, conditions may be based on current
standards. The preparation, filing and processing of a conditional certificate of compliance application shall occur in compliance with this section.
Application. An application for a conditional certificate of compliance shall be prepared and include the same materials as a certificate of compliance.
Review and approval. The processing, review and approval of the application shall occur as follows.
Report. The City Manager or designee shall prepare a report that
Describes the history of the land division
Determines whether the property was legally divided, in compliance with state law and applicable city (or earlier county) regulations at the time of division;
References provisions of state law and city (or earlier county) ordinances applicable to the subdivision at the time the division in question occurred; and
Identifies appropriate conditions of approval.
Review by City Manager or designee. Upon making a determination that the real property does not comply with the provisions of this title or the Subdivision Map Act, the City Manager
or designee may grant a conditional certificate of compliance, imposing conditions as provided by subsection (3) below.
Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the City Manager or designee may impose any conditions that would
be applicable to a current subdivision, as provided by the Subdivision Map Act and this title, regardless of when the property was divided. If the owners had no responsibility for the
subdivision that created the parcel, the City Manager or designee may only impose conditions that would have been applicable at the time the property was acquired by the current owners.
Appeal. A decision to issue or not issue a conditional certificate of compliance and/or to impose conditions may be appealed to the review authority in compliance with chapter 17.44
(Zone Clearance) of the Zoning Ordinance.
Completion of process. Following expiration of the appeal period after the determination and imposition of conditions by the City Manager or designee, the City shall file a conditional
certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate,
a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance
of a permit or other approval for the development of the property.
Effective date of certificate. A conditional certificate of compliance shall not become effective until the county recorder has recorded the document.
19. Sections 16.24.370, 16.24.380, 16.24.390, 16.24.400 and 16.24.410 pertaining to Certificate of Compliance of Title 16, of the Rolling Hills Municipal Code are hereby repealed.
EXHIBIT B
TITLE 17, ZONING CODE
1. Sections 17.12.010, 17.12.020, 17.12.030, 17.12.040, 17.12.050, 17.12.070, 17.12.080, 17.12.120, 17.12.160, 17.12.180, 17.12.190, 17.12.200, 17.12.230 and 17.12.250 of Chapter 17.12
DEFINITIONS, of Title 17 of the Rolling Hills Municipal Code are amended to read as follows:
17.12.010 Amend the following words, terms and phrases to read as follows:
Acreage, Net. “Net acreage” means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded roadway easement plus
the area within ten feet measured perpendicular to the edge of the roadway easement; (b) the ten-foot perimeter of the lot perpendicular to the property lines; (c) any private drive
or driveway that provides access to any other lot or parcel; and (d) the access strip portion of a flag lot.
“Accessory building or structure” means a building or a structure detached from the principal building or structure on the same lot and customarily incidental and subordinate to the
principal building.
“Accessory use” means a use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and
located on the same lot with such principal use.
“Administrative approval” means an approval of a project by City staff, which requires the approving body to ascertain that the project complies with applicable statutes, ordinances
and regulations.
“Association”. See “Rolling Hills Community Association”.
17.12.020 Amend the following words, terms and phrases to read as follows:
“Basement” means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior, and
it has no greater than an average of two and one-half feet exterior height across the entire structure. Basements may have one standard door opening not to exceed three feet by six feet,
eight inches for ingress/egress to the exterior. The door shall be a solid door, except that the upper portion of the door may contain a window or opening that is no more than 24 inches
in height. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior
openings, sun light or similar devices. In addition, basements shall comply with the Los Angeles County Building Code requirements for ventilation and natural light. The opening(s) for
natural light shall be located in a well and shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story."
“Buildable area” means that portion of a lot consisting of the existing graded building pad and any other contiguous portion of the lot not in setbacks that has an average slope of ten
percent or less. If there is no existing graded building pad, buildable area shall mean that portion of a lot not in setbacks that has or is proposed to be graded to have an average
slope of ten percent or less.
Building Pad, Graded. “Graded building pad” means that area (or those areas) of a lot not in setbacks, which has been disturbed by human activity for the purpose of creating suitable
site(s) for establishment of a primary building, accessory building, a stable/corral, swimming pool, subterranean structure, recreational game court, deck or similar improvements.
17.12.030 Amend the following words, terms and phrases to read as follows:
“Civic center” means the administrative offices of the City and of the Association.
17.12.040 Add and amend the following words, terms and phrases to read as follows:
“Discretionary approval” means approval of a project, which requires that the Planning Commission ascertain compliance with applicable statutes, ordinances and regulations and which
also requires the exercise of judgment, deliberation, or decision on the part of the Planning Commission, and/or the City Council. Discretionary projects include Conditional Use Permit,
Site Plan Review and Variance.”
“Disturbed area or Disturbance”. Disturbance means any remedial grading (temporary disturbance), any proposed or existing graded slopes and graded building pad areas, and any nongraded
areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously disturbed impervious surface, such as an abandoned driveway or other
areas determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain and contours of the immediately adjacent area, without triggering
grading, as defined in Section 15.04.120 of the Municipal Code, then such area shall not be considered disturbed. Disturbed area shall be not greater than forty percent of the net lot
area.
“Dwelling, Single Family.” Single-family dwelling means a detached building which, regardless of form of ownership, is designed and/or used to house not more than one family, including
all domestic employees of such family. A single-family dwelling also includes a manufactured home certified under the National Mobile Home Construction and Safety Standard Act of 1974,
provided that all development standards applicable to single-family dwellings are adhered to as described in this title.
17.12.050 Add the following term to read as follows:
“Excavation” means the act or process of digging, removing of earth material or hollowing out surface of land below finished grade for basements, footings, retaining walls, pools, spas
or other below finished grade structures or uses. Excavation also means a man made hole that has been made by digging or hollowing earth material. Excavation shall not result in changes
to the natural or graded ground surface.
17.12.070 Add and amend the following terms to read as follows:
“Grade, Finished” means the level of the finished ground adjacent to the walls of a building.
“Grading” means manmade alteration of the existing natural ground surface, resulting in earth forms and contours, which differ from the ground surface that existed prior to the alteration.
17.12.080 Amend the following words, terms and phrases to read as follows:
“Habitable Space, Interior”. Interior habitable space means an area within a building or structure, fully enclosed by walls, windows, doors, a roof or ceiling, and floors, which provide
living eating and/or sleeping quarters. Interior habitable space includes lofts and mezzanines. Storage areas, including attics, which meet the following criteria, shall not be considered
habitable space:
Storage areas, except basements, which are located below or above habitable space, shall not exceed six feet in height at any one point and shall not have windows, doors to the exterior,
heating, ventilation or air conditioning, (except as required by the Building Code); attics shall have a ceiling that follows the shape and the angle of the roofline, could be more than
6 feet high at any point and shall not have doors to the exterior, windows, heating, ventilation or air conditioning (except as required by the Building Code). Storage areas and attics,
as defined above, shall be used exclusively for storage purposes.
Add the following definition:
“Hobby shop”. Hobby shop shall mean the same as “Recreation room”.
Amend the following words, terms and phrases to read as follows:
“Landing” means a platform between flights of stairs or the floor at the top or foot of a stair or flight of stairs, which is less than 12 inches in height.
“Lot coverage” means that area of the net lot area developed with the following improvements: primary residence, garages, accessory buildings, recreational game courts, pools, spas,
pool/spa equipment, stables, subterranean structures other than basements, driveways, parking areas, walks, patios, decks, covered porches, entryways, porte cochere, trellises, latticework
and asphalted or concrete paving not maintained by the Association. Lot coverage requirements are expressed in maximum allowable percent coverage.
17.12.160 Add the following term to read as follows:
“Porte cochere” means an attached roof or awning extending from the entrance of a building to the driveway or parking court. Eaves are not considered porte cochere.
Amend the following words, terms and phrases to read as follows:
“Riding ring” means a private equestrian facility that exceeds 7,200 square feet in area used for noncommercial training of horses, ponies or other permitted animals, or used for competitive
or recreational riding purposes.
“Rolling Hills Community Association” means the Rolling Hills Community Association of Rancho Palos Verdes, a non-profit California corporation, also known as and referred to in this
title as “Association”.
Add and amend the following words, terms and phrases to read as
follows:
“Setback” means an open space on a lot that, except as otherwise provided in this title, is unoccupied or unobstructed by any structures above ground. When a required setback dimension
is given, it represents the minimum horizontal distance between the lot line or roadway easement from which the distance must be measured and a line parallel to the lot line or roadway
easement.
“Storage area” means as the term is described in Section 17.12.080 of this title.
“Story” means as that term is defined in Section 15.04.080 of the Municipal Code.
"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.
Add the following definitions to read as follows:
“Tack room” means a room, building or structure utilized exclusively for storage of saddles, bridles and other horse equipment and similar equestrian related items, in conjunction with
an established stable, barn or corral.
“Turnout” means a private equestrian facility, not to exceed 7,200 square feet in area, used for noncommercial training, walking or exercising of horses, ponies and other permitted animals.
17.12.230 Add the following term to read as follows:
“Water feature” means a formation containing water, other than a pool or a spa, and including, but not be limited to a fish pond, reflection pond, stream, creek, fountain, water fall
and similar structures or uses.
Delete the first paragraph from “Yard, Required” in its entirety and amend the following words, terms and phrases to read as follows:
Yard, Rear. “Rear yard” means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the rear lot line and the nearest
rear line of the primary building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or a roadway maintained by the Association, the depth shall be
measured from the roadway easement.
2. Sections 17.16.030, 17.16.040, 17.16.060, 17.16.070, 17.16.097, 17.16.110, 17.16.120, 17.16.130, 17.16.140, 17.16.150, 17.16.160, 17.16.170, 17.16.190, 17.16.200 and 17.16.210 of
Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code are amended and a new Section 17.16.135 is added to read as follows:
17.16.030 Accessory uses and structures
Amend item “D” by deleting “Hobby shop” and substituting as follows:
D. Turnout area;
Amend paragraph I to read as follows:
I. Swimming pool, including outdoor spa, pool equipment, bath or jet pool and similar water features.
Add paragraphs J, K, L, M and N to read as follows:
J. Freestanding storage shed, detached trellis or detached covered porch, gazebo, outdoor bar, barbecue or fireplace, fountains and similar structures;
K. Trellis, covered porch, covered patio, covered entryway or porte cochere attached to the main residence or to an accessory structure;
L. Walls, including a retaining wall, rubble wall, planter wall and similar walls.
M. Playhouses and playground equipment.
N. Solar panels.
17.16.040 Conditional Uses
Amend paragraph A.1. to read as follows:
1. More than one driveway for vehicular access from a roadway, except for a driveway leading exclusively to a barn, stable or tack room as provided in Section 17.16.170B;
Amend paragraph A.8 to read as follows:
8. Recreational game courts, except those located in the basement or under ground;
Add a new paragraph A.9 to read as follows:
9. Hobby shop.
17.16.060 Lot area and dimensions
Amend the table labeled “SUMMARY OF DEVELOPMENT STANDARDS”, which follows Section 17.16.060 B.3, to read as follows:
SUMMARY OF DEVELOPMENT STANDARDS (a)
Development Standard Zone District RA-S-1 RA-S-2 1. Minimum Net Lot Area
43,560 sf 87,120 sf 2. Minimum Lot Dimensions
Width Along Street Easement
Width at Any Point
For Cul-de-sac Frontage
Depth
At least lot depth divided by 2-1/2, but in no case less than 150’
150’ 150’
Dependent upon turn-around; see Section 17.16.060.B.4
Must be equal to or greater than width along front street easement, with maximum slope of 29%.
3. Maximum Lot Coverage
By structures
By structures and impervious surfaces
20%
35%
20%
35% 4. Height Limitation One story (mezzanines and lofts are not permitted)
5. Minimum Dwelling Unit Size 1,300 sf, with 20’ minimum width
6. Maximum Buildable Slope 2:1, with no structures allowed on sides or bottoms of canyons or natural drainage courses
7. Setbacks
Front
Side
Rear
50’
20’ (b)
50’
50’
35’
50’
Notes:
(a) This table summarizes development standards. For complete descriptions, refer to sections 17.16.040 through 17.16.130.
(b) Every lot or parcel in the R-A-S-1 zone shall have a side setback measuring no less than 20 feet from the side property line, except if an Association easement, located along the
side property line, is improved with a roadway, then the side setback shall be no less than 10 feet from the interior edge of that easement.
(c) Every lot or parcel in the R-A-S-2 zone shall have a side setback measuring no less than 35 feet from the side property line, except if an Association easement, located along the
side property line, is improved with a roadway, then the side setback shall be no less than 25 feet from the interior edge of that easement.
17.16.070 Amend as follows:
Amend paragraphs A.1 and B. of Section 17.16.070 Maximum level of site development permitted.
1. Coverage by Structures. All structures on a lot shall not cover more than twenty percent of the net lot area. For the purpose of this section, "structures" include, but are not
limited to, the primary residence, garages, all accessory structures, recreational game courts, swimming pools, spas, pool equipment, existing and future stables, attached and detached
porches, entryways, porte cochere and trellises, gazebos, outdoor bars and barbecues, sheds subterranean structures other than basements, except as provided for in Section 17.16.200J.
B. Maximum Disturbed Area. Disturbance shall be limited to forty percent of the net lot area, as defined in Section 17.12.040 of this title.
17.16.080 Height Limitation, amend to read as follows:
A. General Limitation. A building or structure shall have no more than one story, meaning no interior habitable space shall exist over any other habitable space, except over basements.
For the purpose of this section “interior habitable space” shall mean as is defined in Section 17.12.080 of this title.
17.16.097 Building pad coverage guideline, amend to read as follows:
17.16.097 Building pad coverage guideline. When reviewing a proposed development project for general plan and zoning ordinance compliance, the Planning Commission utilizes a guideline
in determining whether the proportion of the building pad that is proposed for development is appropriate. The Planning Commission's guideline is expressed in terms of a maximum percentage
of building pad coverage. A determination as to whether a proposed project satisfies the guideline is determined by first calculating the square footage of the proposed structure or
structures, dividing that number by the square footage of that portion of the building pad that is not in the setbacks, and then comparing that percentage figure to the Commission's
guideline percentage.
Structures having a solid roof and attached to the primary residence or to accessory buildings shall be counted towards the building pad coverage guideline. Structures having an open
or partially open roof and attached to the primary residence or to accessory buildings shall not be counted towards the building pad coverage guideline.
Satisfaction of the Commission's guideline for allowable building pad coverage is only one of several factors for determining project compliance with the general plan and zoning ordinance
and all other required findings for the particular approval sought must also be satisfied.
Front setback, amend to read as follows:
17.16.110 Front setback. Every lot or parcel shall have a front setback measuring no less than fifty feet from the front roadway easement line. If an improved roadway traverses an
existing lot or parcel of land, then that portion of the lot not developed or which is proposed to be developed with a non-primary structure shall also have a setback for development
purposes of not less than fifty feet from the roadway easement line.
17.16.120 Side Setback, amend to read as follows:
17.16.120 Side setback. A. Requirements for RA-S-1 Zone. Every lot or parcel shall have a side setback measuring no less than twenty feet from the side property line, except if
an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than ten feet from the interior edge of that easement.
B. Requirements for RA-S-2 Zone. Every lot or parcel in the RA-S-2 zone shall have a side setback measuring no less than thirty-five feet from the side property line, except if an
Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than twenty-five feet from the interior edge of that easement.
17.16.130 Rear setback, amend to read as follows:
17.16.130 Rear setback. 1. Every lot or parcel shall have a rear setback measuring no less than fifty feet from the rear property line.
2. If a rear yard abuts an improved roadway, the rear setback shall be no less than fifty feet from the interior edge of the roadway easement.
Add new Section 17.16.135 to read as follows:
17.16.135 Setbacks located in easements. Where an easement traverses the side or rear of any lot, and where the width of the easement is greater than the width of the setback, then
the setback shall measure no less than the width of the required easement.
17.16.140 Permitted projections, amend to read as follows:
17.16.140 Permitted projections. The following projections into setbacks are permitted subject to the specified conditions.
A. Projecting Architectural Features. Chimneys, bay windows, cornices, eaves, belt courses, sills, buttresses or other similar architectural features, except those “enclosing” structures
enumerated in Section 17.16.200K, may extend or project into setbacks as follows:
1. Such architectural features may project into side setback no more than two and one-half inches for each one foot of the side setback, but in no case shall such features project more
than five feet.
2. Such architectural features may project into a front or rear setback no more than four feet.
3. No permitted projection shall be constructed in any manner, which increases the habitable floor area of a structure.
B. Projecting Porches. An uncovered porch, patio, platform or landing place may project into any front or side setback no more than six feet or into a rear setback without limitation.
Such structures in a side setback shall leave no less than five feet of unobstructed space to the edge of a slope, if any, to allow for pedestrian movement within the setback. Such structures
shall not extend above the floor level of the building to which they are attached. If detached, such structures shall not extend above the level of the ground.
Structures and driveways permitted in setbacks, amend to read as follows:
17.16.150 Structures and driveways permitted in setbacks. Setbacks shall be maintained unoccupied and unobstructed by any structures except as listed below. Such structures are also
subject to approval by the Association.
A. A boundary fence is permitted, provided the fence is located either on the perimeter easement line or not more than five feet outside of (that is, toward the structure) and parallel
to the perimeter easement line. In the absence of an easement line, a boundary fence may be located on the property line.
B. Driveways shall not cover more than twenty percent of the area of the setback in which they are located.
C. Uncovered parking areas are permitted in front or side setbacks. However, such parking areas shall not exceed ten percent of the area of the setback in which they are located and
shall be located no closer than thirty feet from any roadway easement.
D. Walkways, steps, mailboxes, and rubble wall of 3 feet or less in height, and irrigation systems may be permitted in any setback area.
Driveway entry pilasters, gates, trellis or archway may be permitted at the driveway entry to a property.
Walls, retaining or otherwise, which do not exceed 3 feet in height and construction of which does not require grading may be permitted along a driveway, stairway or walkway.
G. Walls, not to exceed 3 feet in height, determined by the Planning Department and the Building Official to be necessary to improve drainage or prevent slope erosion and/or are necessary
to support a drainage device such as a swale, rip rap, perforated pipes and similar drainage devices, may be permitted in any setback, but not in easements-unless approved by the Association,
provided such construction does not constitute grading and does not block any trails. Such walls shall be screened from public right-of-ways, easements and adjacent properties with appropriate
landscaping.
H. Barns, stables, pens, corrals, and other similar holding facility may be located in the rear setback subject to the requirements of Section 17.16.200A.
I. Playhouses and playground equipment, subject to the requirements of Section 17.16.200L.
J. Turnout area subject to the requirements of Section 17.16.200D.
Access and parking, amend to read as follows:
17.16.160 Access and parking. A. Driveway Requirements.
1. Each single-family dwelling is permitted only one driveway as access to a maintained roadway, except as otherwise permitted by Sections 17.16.040A and 17.16.170B.
2. Driveways shall be no wider than twenty feet, unless otherwise approved by the Planning Commission. All driveways shall have a roughened driveway apron.
3. No driveway shall exceed a maximum grade of twelve percent, unless otherwise approved by the Planning Commission, and the first twenty feet of a driveway shall have a maximum grade
of seven percent.
Parking Requirements. Every single-family dwelling, including manufactured homes used as a primary residence, shall have an above ground garage with a minimum capacity of two cars with
direct paved access to a maintained roadway. A minimum of three-car garage shall be required when the property is developed with a guest house or servants’ quarters, subject to the requirements
of Section 17.16.210(A)(5). No new subterranean garage shall be constructed after August 13, 1997. Any subterranean garage lawfully existing as of August 13, 1997 shall be permitted
to remain in accordance with the provisions of Chapter 17.24 of this title.
Stable and corral site required, amend to read as follows:
17.16.170 Stable and corral site required. Every lot or parcel in the RA-S zone for which a discretionary approval (including Site Plan Review, Conditional Use Permit or Variance)
is required by this title in connection with the construction of a new single-family residence, the addition to an existing single-family residence, the construction of an accessory
structure and the construction of a pool shall have an area developed with or set aside for the following:
A. A combination stable and corral area that complies with the criteria set forth in Section 17.16.200(A); and
B. A vehicular accessway to the stable and corral area for delivery of feed and removal of waste that does not exceed a slope of twenty-five percent. For purposes of this section, "vehicular
accessway" shall include a driveway, roadway or other accessway that is traversable by any motorized device capable of delivering feed and the removal of waste. This accessway need not
be paved. A vehicular approach taking access directly from a roadway, whether or not paved, shall be subject to approval by the Traffic Commission and shall not be considered a second
driveway within the meaning of Section 17.16.040A(1) if it provides access exclusively to a barn, stable, corral or tack room.
C. In the event that a future stable/corral area shown on a plan in connection with a request for approval, as enumerated above, is located in an area that would require the approval
of a Variance, the Variance must be processed and approved concurrently with the development application.
Additional residential development standards, amend to read as follows:
17.16.190 Additional residential development standards. The following additional standards shall apply to all construction in the RA-S zone.
A. Eave Projection. Every single-family dwelling shall have an eave projection of at least two feet, unless incompatible with neighboring residences.
B. Exterior Siding. Every single-family dwelling shall have exterior siding of brick, wood, stucco, or other similar material as provided by the building code of the City; no reflective
siding shall be permitted.
C. Roofing Material. Roof covering for all buildings shall be Class “A” (having satisfied the fifteen-year weathering test and certified as such by Underwriting Laboratories or an
equivalent recognized test agency). Class “A” roof assembly utilizing wood or treated wood material and reflective type roofing shall not be permitted. Notwithstanding the foregoing,
any new addition to, repair or re-roofing of a structure may match the existing roof covering, provided that the roof addition or the area to be re-roofed or repaired does not exceed
two hundred square feet in size. Any new roof addition, repair or re-roofing, which exceeds two hundred square feet shall comply with the requirements of this section.
D. Permanent Foundation. Every single-family dwelling and accessory structure shall be built or placed upon a permanent foundation approved by the County Engineer unless exempt pursuant
to the Building Code.
E. Outdoor Lighting. Outdoor lighting is prohibited except as provided below:
1. Lighting is permitted along pedestrian pathways for the purpose of providing safe passage. Bulbs used in such lighting shall be nonreflective and shall not exceed the wattage of
a forty-watt incandescent light bulb to a maximum of four hundred lumens, or their equivalent if nonincandescent lighting is used. Lighting fixtures shall accommodate only one bulb,
shall incorporate shields to cast light downward, shall be spaced no closer than twenty feet apart and shall be no higher than eighteen inches from grade to the top of the fixture.
In no event shall light from such fixtures be cast upward or off the property.
2. Security lighting is permitted, provided that in no event shall a security light be set to shine for longer than five minutes following activation.
3. Temporary lighting is permitted for holidays and for special events.
4. Entry post lighting is permitted at the foot of a driveway, provided that lighting is cast downward and does not spill onto the roadway. Bulbs used in such lighting shall be nonreflective
and shall not exceed the wattage of a forty watt incandescent light bulb to a maximum of four hundred lumens, or their equivalent if nonincandescent lighting is used.
5. Lighting that illuminates porches and entry ways into buildings is permitted. Bulbs used in such lighting shall be nonreflective and shall not exceed the wattage of a forty watt
incandescent light bulb to a maximum of four hundred lumens, or their equivalent if nonincandescent lighting is used.
F. Walls, including retaining walls. The maximum wall height shall be 5 feet, averaging 2 1/2 feet as measured from the finished grade to top of the wall, unless otherwise approved by
the Community Association as part of an overall landscaping or pool decking design. A wall above 3 feet shall be subject to Site Plan Review and shall not be located in the front yard
or in any setback, unless approved by a Variance, (game court walls are addressed in Section 17.16.210.7.d). A retaining wall, regardless of height, which supports a surcharge as determined
by the Building Official, shall require approval from the Los Angeles County Building and Safety Department.
G. Outdoor storage on vacant parcels. No storage of any kind, including operable and inoperable vehicles, trailers, recreational vehicles, construction materials and debris and similar
objects shall be permitted on undeveloped lots.
Amend Section 17.16.200 to read as follows:
Amend the title to read as follows:
17.16.200 Conditions for accessory uses and structures.
Amend paragraph A.3 to read as follows:
3. No corral, pen, stable, barn, or other similar holding facility shall be permitted in the front yard or in side setbacks.
Amend paragraph A.4. to read as follows:
4. Barns, stables, pens and corrals shall be located a minimum of thirty-five feet from any residential structure and a minimum of twenty-five feet from the rear property line.
Amend paragraph D to read as follows:
D. Turnout area.
Turnout area shall not be permitted in the front yard or in side setbacks.
2. Turnout area shall be located a minimum of thirty-five feet from any residential structure and a minimum of twenty-five feet from the rear property line.
3. Turnout area shall not exceed 7,200 square feet, and when constructed shall not trigger grading, as defined in Section 15.04.120 of the Municipal Code. Should grading be required,
such turnout shall be reviewed by the Planning Commission pursuant to the Site Plan Review process.
Amend paragraphs E and H to read as follows:
E. Noncommercial radio antennas.
The review of the application shall be limited to assuring compliance with the following criteria:
1. Noncommercial radio antennas shall not be located in the front yard or in any setback and shall be hidden or screened from view from the surrounding properties and any roadway easement.
2. Colors of the installation shall blend with adjacent environment and vegetation.
3. All installation shall be ground mounted, unless required to ensure stability or to obtain reasonable reception.
4. The installation shall not exceed a total overall height of twenty-five feet from finished grade at total retraction. Extendable (telescoping) antennas shall not exceed fifty feet
from finished grade at total extension.
H. Satellite Antennae.
The review of the application shall be limited to assuring compliance with the following criteria:
1. The satellite antennae shall not be located in the front yard or in any setback and shall be hidden or screened from view from surrounding properties and any roadway easement.
2. Colors of the installation shall blend with adjacent environment and vegetation.
3. All satellite antennas installations that are more than three feet in diameter shall be ground-mounted and not affixed to a residential or permitted accessory structure.
4. No more than one satellite antenna may be installed on any legal building site.
5. All wiring and cables emanating from a satellite antenna shall be installed in compliance with applicable installation requirements.
6. A building and/or electrical permit, as applicable, shall be obtained prior to installation.
7. The installation shall not exceed a total overall height of fifteen feet from finished grade at total extension.
Notwithstanding the provisions of Section 17.08.050 of this title, deviations from the above criteria may be granted by the City Manager or designee for satellite antennas three feet
or less in diameter, if necessary to allow the applicant to obtain reasonable reception.
Amend paragraph I to read as follows:
Swimming pool, pool equipment, spa and similar water features shall comply with the following criteria:
1. No swimming pool, pool equipment, spa or water feature shall be located in the front yard or in any setback, except that a decorative fountain and a decorative pond, if constructed
as part of landscaping features may be located in the front yard.
2. Where a swimming pool, pool equipment or spa are submitted as part of a Site Plan Review application or other discretionary permit, such structures shall be counted towards building
pad coverage, structural and total lot coverage and the disturbed area of the lot.
3. Where the size of the swimming pool/spa is 800 square feet or greater, a Site Plan Review approval shall be required. For the purpose of this section the size of the pool/spa shall
include the area of the water surface only.
4. Where the construction of a swimming pool/spa of less than 800 square feet is submitted for an administrative approval, the applicant shall show a site for a corral and stable pursuant
to Section 17.16.170, and provide calculations regarding the gross and net lot area, structural and total lot coverage and disturbed area of the lot.
5. The pool equipment shall be screened from view from other properties.
6. Other conditions may be imposed as necessary through the discretionary or administrative review process.
Add new paragraphs J., K., L, and M to read as follows:
J. Free standing storage shed, detached trellis, free standing covered patio, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures.
Such structures shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless:
1. Where any such structure exceeds 120 square feet in area or exceeds 10 feet in height, (15 feet for a roofed playhouse or fort), or when any combination of such structures exceeds
a total of 600 square feet.
2. Where there is more than an aggregate of five of such structures on a lot, a total of which exceeds 600 square feet, including not more than two storage sheds.
Such structures shall not be located in any setback or in the front yard, except that a decorative fountain and a decorative pond, if constructed as part of landscaping features may
be located in the front yard.
Such structures shall be screened from public right-of-way, easements and adjacent properties with appropriate landscaping.
K. Attachments to the primary residence or to accessory buildings, such as but not limited to porches, trellises, porte cochere, entryways, breezeways and similar structures may be permitted
provided they are not located in any setback. Such structures with solid roof shall be counted towards the building pad coverage guideline, structural and total lot coverage and disturbed
area of the lot. Such structures with an open or partially open roof shall not be counted towards the building pad coverage guideline, but shall be counted towards the structural and
total lot coverage and disturbed area of the lot.
L. Playhouses and playground equipment.
1. Roofed playhouses, including forts, with or without permanent footings or foundation, which cover more than 120 square feet of surface area and exceed 15 feet in height, shall not
be permitted in the front yard, or in any setback.
2. For the purpose of this section, the 120 square feet of surface area shall be limited to the area measured beneath a solid roof or other protective cover.
3. Such structures shall be screened from public right-of-way, easements and adjacent properties with appropriate landscaping.
4. Playground equipment, such as swing sets, teeter swings, slides, monkey bars, and sand boxes, free standing or as part of a fort or playhouse and which fall below the dimensions specified
above, shall not be regulated by this title and are permitted anywhere on the property, except easements.
5. Playhouses, including forts, and playground equipment, regardless of size shall not be counted towards building pad coverage, structural and total lot coverage and the disturbed area
of the lot, except as specified in Section 17.16.200J.
M. Solar panels.
The review of the application shall be limited to assuring compliance with the following criteria:
1. All plumbing devices from solar panels shall be installed in compliance with applicable installation requirements.
2. A building and/or plumbing permit, as applicable, shall be obtained prior to installation.
Conditions for conditional use permits
Amend paragraph A.2 to read:
2. Cabana or Detached Recreation Room.
a. Cabana or detached recreation room shall not be located in the front yard or any setback.
b. The maximum size of such structure shall not exceed 800 square feet.
c. No kitchen or other cooking facilities shall be permitted.
d. No sleeping quarters shall be permitted.
Amend paragraph A.3 to read:
3. Corral requiring grading.
a. Corral requiring grading is subject to conditions specified in Section 17.16.200A.
b. Other conditions may be imposed through a discretionary permit review process.
Amend paragraph A.4 to read:
4. Detached Garage.
a. Detached garage shall not be located in the front yard or any setback.
b. Other conditions may be imposed through a discretionary permit review process.
Amend paragraph A.5 Guest House by adding a new item “d” and re-lettering the remaining provisions as “e” through ‘j” so that the new provision d. reads as follows:
d. Guest house shall not be located in the front yard or any setback.
Amend paragraph A.6 Mixed Use Structures by re-lettering item “a” through “g” as “c” through “i” and adding new provisions “a” and “b” as follows:
a. Mixed use structures shall not be located in the front yard or any setback.
b. That portion of the structure intended to be used for other than a garage use, shall not exceed 800 square feet in size.
Amend paragraph A.7.b to read:
7.b. A game court shall not be located in the front yard or any setback.
Add new paragraphs 8 and 9 to Section 17.16.210A. to read as follows:
8. Hobby Shop.
a. Hobby shop shall not be located in the front yard or any setback.
b. The size of a hobby shop shall not exceed 800 square feet.
c. No kitchen or other cooking facilities shall be permitted.
d. No sleeping quarters shall be permitted.
9. Horseback Riding Ring.
a. Horseback riding ring shall not be located in the front yard or any setback.
b. Other conditions may be imposed through a discretionary permit review process.
3. Section 17.24.050 of Chapter 17.24 (NONCONFORMING USES AND STRUCTURES) of Title 17 of the Rolling Hills Municipal Code is amended to read as follows:
17.24.050 Reconstruction.
A. Residential Structures. Any nonconforming primary residential structure in the RA-S zone, which is damaged by fire, explosion, earthquake or other casualty or act of God or the public
enemy, may be reconstructed to the conditions that existed prior to the casualty provided the structure existed as a legally established structure. An addition not to exceed twenty-five
percent, or less than 1,000 square feet of the original size of the house, whichever is greater, my be allowed, provided the added area complies with the provisions of this title. All
such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost.
B. All Other Structures. Any nonconforming structure, except as defined in Section 17.24.050(A) above, destroyed by fire, explosion, earthquake or other casualty or act of God or the
public enemy may be restored, and the occupancy and use of that structure resumed, provided the structure existed as a legally established structure and provided such destruction does
not exceed fifty percent of the assessed value of the structure. The records of the Los Angeles County Assessor for the fiscal year in which the destruction occurred shall be used in
determining the assessed value, and said value shall include only property improvements. All such construction or repairs shall commence within two years from date of damage and shall
be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost.
C. Site Plan Review, or other discretionary permit, shall not be required for reconstruction as set forth in paragraphs A and B of this section.
4. Chapter 17.26 VIEW PRESERVATION of Title 17, of the Rolling Hills Municipal Code is amended as follows:
Amend Section 17.26.050 A Hearing procedures and findings to read:
A. Notice Required. Public notice of the hearing shall be given a minimum of fifteen days prior to the hearing. The hearing shall not proceed unless proof is shown that the owner of
the tree or other obstructing vegetation received notice of the hearing as provided herein:
1. Notice shall be given by certified mail, return receipt requested, to the owner of the tree or other obstructing vegetation and to the complainant.
2. Notice shall be given by first class mail to all property owners within one thousand feet of the exterior boundary of the property on which the tree or other obstructing vegetation
are located and to other persons who, in the Committee’s judgment, might be affected.
5. Chapter 17.27 ADDITIONAL DEVELOPMENT STANDARDS of Title 17 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 17.27.040 to read as follows:
17.27.040 Wireless communication antennas and facilities.
A. General. Wireless communication antennas and facilities are subject to approval of a Zone Clearance. The following minimum conditions and standards apply to the siting of a wireless
communications antennas and facilities, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future uses in the vicinity:
1. Prior to issuance of a decision by the City Manager, a written notice shall be provided to property owners of properties adjacent to the property where the proposed facility is to
be located, notifying them of the application and soliciting their comments.
2. Wireless communication antennas and facilities shall not be located on roofs or walls of any structures on private residential property, but may be located on existing utility poles
and on publicly owned properties or buildings.
B. Application Requirements.
1. Each application shall contain a brief narrative accompanied by written documentation and a Site Plan or map that explains the project.
2. Each application shall contain a narrative and map that discloses the exact location and nature of any and all existing facilities that are owned (including publicly owned structures),
operated or used by the applicant and located within five (5) miles from the geographic borders of the City.
3. Each application shall contain a narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility.
4. The application shall be accompanied by a letter to the City Manager stating the applicant’s willingness to allow other carriers to co-locate on its facilities wherever feasible
or a written explanation why the subject facility is not a candidate for co-location.
5. The application shall be accompanied by an RF Environmental Evaluation Report indicating that the proposed wireless communications facility meets FCC regulations and standards for
construction, maintenance and operations.
6. The application shall explain why no alternative sites are available to provide service in the target service area, and why the proposed site is the environmentally and operationally
superior location. The City may require independent verification of this analysis at the applicant’s expense. The intention of the alternatives analysis is to present alternative strategies
that would minimize the number or size and adverse environmental impacts of facilities necessary to provide the needed services to the City.
C. Standards for Approval.
Approval of the project is subject to the City Manager finding that the project complies with the standards and requirements of this Section, that the proposed site(s) results in fewer
or less severe environmental impacts than any feasible alternative site that may be available to provide service in the geographic area, and that the project has received approval from
the Rolling Hills Community Association.
D. Design and Development Standards.
1. The facility shall be erected, located, operated and maintained at all times in compliance with this Section and all applicable laws, regulations and requirements of the Building
Code, and every other code and regulation imposed or enforced by the City, the State of California, and the United States Federal Government. Applicants are separately required to obtain
all applicable building and construction permits that may be required prior to erecting or installing the facility.
2. The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other legally required seals or signage.
3. Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within an enclosure
or underground vault in a manner that, if above-ground, is visually compatible with the surrounding area and either (1) shrouded by sufficient landscaping to screen the equipment from
view, or (2) designed to match the architecture of adjacent buildings and (3) shall not interfere with equestrian activities or easements.
4. The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors.
5. Any screening used in connection with a wall mounted and/or roof mounted facility, shall be compatible with the architecture, color, texture and materials of the building or other
structure to which it is mounted.
6. The facility shall be placed to the centermost location of the roof top to screen it from view from the street and adjacent properties.
7. The facility shall not include the use or installation of a monopole or increase the height of any existing utility pole.
8. Preference shall be given to co-location and shared sites.
9. In the event a pole on which facilities are located is removed, the facilities must be relocated at the provider’s expense.
E. Compliance Reporting.
Prior to installation and thereafter upon request by the City, the telecommunications service provider must submit a certification report, attested to by a licensed engineer expert in
the field of RF emissions, that the facility is compliant with the applicable FCC regulations for RF emissions.
6. Section 17.34.020A is amended by adding item 9 to read;
9. Lot Line Adjustments
and delete the word “and” after item 7. Appeals
Amend Table 17.34.020 to read:
TABLE 17.34.020
RESPONSIBLE HEARING BODIES
TYPE OF APPLICATION
RESPONSIBLE HEARING BODIES
NOTICE REQUIRED PC CC
Variance
Conditional Use Permit
Site Plan Review and Modifications
Zoning Map Change
Initial Hearing
Final Decision
Zoning Ordinance Amendments
Initial Hearing
Final Decision
Revocation of Variance, Conditional Use Permit, Site Plan Review, or Nonconforming Use
View Preservation
Lot Line Adjustment
X
X
X
X
X
X
Refer to Chapter 17.26
X
A
A
A
X
X
A
Refer to Chapter 17.26
A
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Refer to Chapter 17.58
Refer to Chapter 17.26
Yes
Abbreviations: PC = Planning Commission
CC = City Council
X = Responsible Body
A = Appeal Body or review Body
7. Section 17.38.070. of Chapter 17.38 (VARIANCES) of Title 17 of the Rolling Hills Municipal Code is amended as follows:
17.38.070 Time limits. The following time limits shall apply to approved variances:
A. Use of Variance
1. Any variance which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become
null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior
to the original expiration date.
2. For the purpose of this section, "used,” means the commencement of grading or construction or any activity authorized by the grant.
Delete Subparagraph “B” Completion of Construction.
8. Section 17.42.070. of Chapter 17.42 (CONDITIONAL USE PERMITS) of Title 17 of the Rolling Hills Municipal Code is amended as follows:
17.42.070 Time limits. The following time limits shall apply to approved conditional use permits:
A. Use of Conditional Use Permit.
1. Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval,
shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension
is filed prior to the original expiration date.
2. Extensions of conditional use permits for temporary manufactured homes may be granted for subsequent one year periods until the permit is revoked pursuant to Chapter 17.58. A
hearing shall be conducted for each extension pursuant to Section 17.34.070.
3. For the purpose of this section, "used,” means the commencement of grading or construction or any activity authorized by the grant.
Delete Subparagraph “B” Completion of Construction.
9. Sections 17.44.020, 17.44.050 and 17.44.060 of Chapter 17.44 (ZONE CLEARANCE) of Title 17 of the Rolling Hills Municipal Code are amended to read as follows:
17.44.020 Applicability, amend to read as follows:
17.44.020 Applicability. Zone clearance shall be required for the following projects and structures:
A. The construction of a barn, stable, turnout or corral that does not require grading, unless such construction is part of a development plan which otherwise requires a discretionary
approval, such as Site Plan Review, Conditional Use Permit or a Variance;
B. The construction of new structures or buildings, alteration, expansion, modification, or repair of any existing structures, which are exempt from Site Plan Review, as specified in
Section 17.24.050 (Reconstruction of nonconforming structures), Section 17.16.030 (Accessory uses and structures), Section 17.16.200 (Conditions for accessory uses and structures) and
Section 17.46.020 (Site Plan Review-Applicability) of this title.
C. All other miscellaneous projects and structures, including, but not limited to architectural features and elements, porches and patios, driveways, entryways, outdoor barbecues and
fire places, gazebos, trellis or archway over an entry to a driveway, hardscape, drainage devices and others, provided the construction thereof does not trigger grading, is not part
of a development plan which otherwise requires a discretionary approval, such as Site Plan Review, Conditional Use Permit or a Variance and meet all the requirements of this title.
17.44.050 Proceedings, amend to read as follows:
17.44.050 Proceedings. Upon acceptance of a complete application for zone clearance, the City Manager or designee shall review the application for conformance with the provisions of
this title. The application shall be reviewed solely for the purpose of assuring that the proposed use or structure is in compliance with the requirements of this title and other provisions
of this code. No public hearing on the application shall be required.
17.44.060 Appeals, amend to read as follows:
17.44.060 Appeals. The decision of the City Manager or designee is considered final on the date such decision is rendered. The decision becomes effective ten days after such decision,
unless an appeal has been filed with the Planning Commission. Action on appeal by the Planning Commission is appealable to the City Council in accordance with Chapter 17.54 of this title.
10. Sections 17.46.020, 17.46.040, 17.46.080 and 17.46.090 of Chapter 17.46 (SITE PLAN REVIEW) of Title 17 of the Rolling Hills Municipal Code are amended and a new 17.46.065 is added
to read as follows:
17.46.020 Applicability, amend to read as follows:
17.46.020 Applicability. A. Site Plan review shall be required for the following projects:
1. Any grading which requires a grading permit as defined in Section 15.04.120 of the Building and Construction Code.
2. The construction of any new building or structure, except for the following:
a. A barn, stable, corral or turnout that do not require grading.
b. A swimming pool and spa, which is less than 800 square feet in area (area of surface water), that do not require grading and when such construction would not cause exceedance
of the requirements for structural and total net lot coverage and disturbed area of the lot.
For the purpose of this section, the actual excavation for the swimming pool or spa is not considered grading. However, should there be a need to create a buildable pad for the purpose
of locating the swimming pool or spa on the pad, and if such construction meets the criteria of grading, pursuant to Section 15.04.120 of the Building and Construction Code, a Site Plan
Review shall be required.
c. Reconstruction of any conforming, legally established primary or accessory residential structure which is damaged by fire, explosion, earthquake or other casualty or act of God or
the public enemy.
d. Reconstruction of any nonconforming, legally established primary residential structure or accessory structures which are damaged by fire, explosion, earthquake or other casualty
or act of God or the public enemy, meeting the criteria of Section 17.24.050A and Section 17.24.050B.
e. Pool equipment and water feature
f. Structures and uses listed in Section 17.16.140 (Permitted projections), Section 17.16.150 (Structures and driveways permitted within setbacks and easements), and Section 17.44.020
(Zone Clearance).
3. The expansion, modification, alteration or repair of any existing building or structure which either:
a. Requires grading, or
b. Increases the size of the building or structure by at least one thousand square feet and has the effect of increasing the size of the building or structure by more than twenty-five
percent in any thirty-six-month period (which period shall be measured from the date that a certificate of occupancy was issued for a prior addition).
B. No grading, electrical, plumbing, mechanical or building permit shall be issued for any such construction or modification until the provisions of this chapter have been complied with
fully.
17.46.040 Proceedings
amend subparagraph C to read as follows:
The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance
with the requirements of this Title. The Commission may condition approval to require Site Plan review for any future construction on the lot, regardless of whether Site Plan review
would ordinarily be applicable to such construction.
17.46.065 Add a new section to read as follows:
Section 17.46.065 Affidavit of Acceptance. No Site Plan review shall be effective for any purpose until the applicant executes an affidavit provided by the City declaring that the applicant
is aware of and accepts the conditions that have been imposed on the Site Plan review. Each Site Plan review granted shall have a condition to this effect. The executed affidavit shall
be recorded with the County Recorder.
17.46.080 Expiration of approval
amend A.1. and B.3. to read as follows:
A.1. If within the time specified in the conditions of approval, or if no time is specified, within two years from the Commission's decision, grading or construction has not yet commenced,
or if commenced, such work has been suspended or abandoned at any time after commencement for a period of one hundred eighty or more days; or
B.3. Extension may be granted for a period of not more than two years. If within the two year time extension beyond the original project approval the project has not commenced, a new
application shall be submitted and approval of the project may only be granted or denied in the same manner and based upon the same criteria as required for approval of the original
project.
Delete Section 17.46.090 Completion of construction.
11. Amend the table in APPENDIX A titled INDEX OF PERMITTED USES
List of Uses Zone Districts RA-S-1 RA-S-2 PF A:
Agricultural Use (tree, bush, or field crop)
P
P
X Animal keeping (all domestic except swine)
A*
A*
X B:
Barn
A*
A*
X C:
Cabana
C
C
X Civic Center X X P Corral or pen (no grading) A A X Corral or pen (with grading) X X X D:
Driveway, more than one
C*
C*
P E: F:
Fire station
CP
CP
CP G:
Game court
C*
C*
P Garage, attached P P P Garage, detached C* C* P Gate house CP CP P Golf course X X CP Greenhouse A A A Guest house C* C* X H:
Hobby shop
C*
C*
X I: J: K: L:
Library, public
X
X
CP Library, private X X X M:
Manufactured homes, temporary
CP*
CP*
X Mixed-use structure C* C* X Multi-family residence X X X Museum, public X X CP Museum, private X X X N: O:
Office, commercial
X
X
CP* P:
Park
CP
CP
CP
INDEX OF PERMITTED USES
(continued)
List of Uses Zone Districts RA-S-1 RA-S-2 PF Parking, off-street X X A Playground CP CP CP Playhouses and playground equipment A* A* P Police Station X X CP Public utility
building or structure CP CP CP Public Transportation (no school district property)
CP*
CP*
X Q: R:
Radio antenna (non-commercial)
A*
A*
A Recreation room, attached P P P Recreation room, detached C C P Recreation game court See “Game court” Recreational vehicle storage, outdoor A* A* X Recycling center X X CP Reservoir CP CP CP Riding
Ring (more than 7,200 sq. ft.) C* C* X S:
Satellite dish antenna
A*
A*
A School, elementary CP CP CP School, secondary X X X Solar panels A* A* A Single-family residence P P X Stable A* A* A Swimming pool less than 800 sq.ft.(includes outdoor spa,
bath, or jet pool)
Swimming pool 800 sq.ft. or larger (includes outdoor spa)
A*
A**
A*
A**
P
P T:
Turnout (7,200 sq. ft. or less)
A*
A*
X U: V: W: X: Y: Z:
12. Section 15.04.080 of Chapter 15.04 of Title 15 (BUILDING CODE) of the Rolling Hills Municipal Code is amended to read as follows:
“Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost floor and the ceiling or roof above it. There shall be no habitable space, including garages, lofts and mezzanines, on
top of another, except over basements. A basement is not to exceed a height of five (5’) feet above finished grade at any point immediately adjacent to the basement exterior, and it
shall have no greater than an average of two and one-half (2 1/2’) feet exterior height across the entire structure. Basements may have one standard door opening not to exceed three
feet by six feet, eight inches for ingress/egress to the exterior. The door shall be a solid door, except that the upper portion of the door may contain a window or opening that is
no more than 24 inches in height. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not
have any other exterior openings, sun light or similar devices. In addition, basements shall comply with the Los Angeles County Building Code requirements for ventilation and natural
light. The opening(s) for natural light shall be located in a well and shall be incorporated into the overall design of the building so that it does not give an appearance of a separate
story."
Ordinance No. 295 -2-