874, Construct a 338 sq ft aviary, Resolutions & Approval ConditionsRECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
0199/2015
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1I'1IiIl,II
1 l *2015092,5579"
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T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
ZONING CASE NO. 874
XX CONDITIONAL USE PERMIT (SEE EXHIBIT A- ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
20 OUTRIDER ROAD, ROLLING HILLS, CA 90274 (LOT 78-EF)
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 874
XX CONDITIONAL USE PERMIT
I (We) certify (or1 eclare) under the penalty of perjury that the foregoing is true and correct.
Signa are/ Sign ature
0 i- (,u . 'R I c 0 4-
Name typed or printed
Name typed or printed
Address (PO 0' C R 6J1- CZ- ' Address Or tea) / 7J R _
SILL 1 t4 I t-C- C)4 c ?b a'1 `/ -V1 hi
City/State City/State
• •
Signatures must be acknowledged by a notary public.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF C4 L/,co,e 44
COUNTY OF /o s 41/6 EE 5
}
}
On .T Ly /3 . 02D , before me, /46- ,eA-(4JL,,VGs. , a Notary,
Public, personally appeared
.77,01/ ea. i/ cr4 4.e.e) 4n/,✓ ,eic /
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
iglare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(j.es), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: %C /✓
Name of Notary: /ex) 7:4/6tEe7V et idG✓,Jcs
Date Commission Expires 9- /3 - c.2o /S'
Commission No. / 9577,21
K. G. RAWLINGS
Commission D 1951720
Notary Public • California
Los Angeles County
bliy Comm. Expires Sep 4 , 2015
• • Cot I A-
RESOLUTION NO. 2015-13.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT AN
AVIARY AT 20 OUTRIDER ROAD, ROLLING HILLS, CA (LOT 78-EF) IN
ZONING CASE NO. 874, IN CONJUNCTION WITH APPROVAL OF A ZONING
TEXT AMENDMENT NO. 2015-01 TO ALLOW AVIARIES ON LOTS THAT ARE
LESS THAN 5 ACRES IN SIZE, (RICH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. John Rich with respect to
real property located at 20 Outrider Road, (Lot 78-EF), Rolling Hills, CA requesting a
Conditional Use Permit to construct a 338 square foot aviary on a lot containing 3.88
acres.
Section 2. Under the current zoning code (RHMC 17.18.070) aviaries that
exceed 200 square feet require approval of a Conditional Use Permit and are subject
to a number of criteria or requirements. The first criterion is that a minimum lot size
of five acres is required if the aviary is to be larger than 200 square feet. The
applicant proposes to construct a 338 square foot aviary on his property that is 3.88
acres in size, (excluding roadway eaement), which is 1.12 acres less than the
minimum required lot area.
Section 3. The Planning Commission conducted duly noticed public
hearings to consider the application at a regular Plannig Commission meetings on
March 17 and April 21, 2015 and at a field trip to the property on March 17, 2015.
The applicant and his agent were notified of the public hearings in writing by first
class mail. Evidence was heard and presented from all persons interested in
affecting said proposal including members of the public and City staff. The Planning
Commission reviewed, analyzed and studied said proposal. The applicant's
reparesentative was in attendance at the hearings.
Section 4. The Planning Commission finds that the project is categorically
exempt . from environmental review under the California Environmental Quality
Act.
Section 5. Section 17.18.070 of the Rolling Hills Municipal Code permits
approval of avairies under certain conditions, provided the Planning Commission
approves a Conditional Use Permit. The applicant is requesting to construct a 338
square foot aviary on an existing pool building pad. The propsoed aviary meets all
of the criteria, except for the size of the lot. A Zoning Code Amendment has been
recommended for approval to the City Council to allow avieries larger than 200
Reso. 2015-13 1
20 Outrider Rd.
• •
square feet on lots having no less than 3.5 acres in size, (excluding only the roadway
easement). With respect to this request for a Conditional Use Permit, the Planning
Commission finds as follows:
A. The granting of a Conditional Use Permit for the aviary would be
consistent with the purposes and objectives of the Zoning Ordinance and General
Plan and will be desirable for the public convenience and welfare because the use is
consistent with similar uses in the community, and the area proposed for the aviary
would be located in an area on the property where such use will not change the
existing configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the avairy will not adversely affect or be
materially detrimental to these adjacent uses, buildings, or structures because the
proposed structure will be located in a an area already occupied by outdoor
amenities on a separate building pad with the pool and will promote pad
integration. The proposed aviary is of sufficient distance from nearby residences so
that it will not impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the aviary will comply with the low
profile residential development pattern of the community. The height of the aviary
will be at 16 feet maximum from the finished floor and it will be enclosed by a mesh
screening rather solid walls.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 338 square foot size of the
aviary is mimimal in size.
E. The proposed conditional 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 because the project site is not listed on the
current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17
of the Zoning Code because an adequate area is set -aside for the construction of a
future stable structure, adjacent corral and access.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Conditional Use Permit in Zoning Case No. 874 to construct a
338 square foot aviary, subject to the following conditions:
A. The Conditional Use Permit approval shall expire within two years
from the effective date of approval if construction pursuant to this approval has not
Reso. 2015-13 2
20 Outrider Rd.
•
commenced within that time period, as required by Section 17.42.070(A) of the
Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of that section.
B. It is declared and made a condition of the approval, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder shall lapse; provided that the City has given the applicants
written notice to cease such violation, the opportunity for a hearing has been
provided, and if requested, has been held, and thereafter the applicant fails to
correct the violation within a period of thirty (30) days from the date of the City's
determination.
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 set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated February 20, 2015, except as otherwise provided in
these conditions.
E. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
approved with this application.
F. There shall be no grading or additional disturbance of the lot for this
project.
G. Structural lot coverage shall not exceed 11,320 square feet or 7.4%.
H. Total lot coverage of structures and paved areas shall not exceed
21,339 square feet or 14.0% in conformance with lot coverage limitations.
I. Residential building pad coverage on the 27,185 square foot residential
building pad, on which the aviary would be located, shall not exceed 36.6%.
J. Prior to issuance of a building permit for the aviary, the sports court
surface delineation shall be removed, and the area used as it was approved in 1994
for GUEST PARKING ONLY.
K. The proposed aviary shall not exceed 338 square feet and shall meet all
the requirements of the Zoning Code, Section 17.18.070.
Reso. 2015-13 3
20 Outrider Rd.
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L A 1,000 square foot area, feasible for development of a future stable,
corral and access thereto, as required by the Zoning Code, has been set aside on the
property and shall remain.
M. The aviary shall be kept in good sanitary condtiion and violation of
Section 6.46.010 of the RHMC pertaining to noise by animals shall be enforced as a
misdemeanor violation.
N During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
O. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
P. During and after construction, all parking shall take place on the project
site.
Q. During construction, the property owners shall be required to schedule
and regulate construction and related 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.
R. If lights are proposed, the property owners shall be required to
conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance,
(Ordinance No. 287).
S. Minimum of 50% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the City.
T. The 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 therein 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.
U. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
building permit.
Reso. 2015-13
20 Outrider Rd.
V. This approval shall be void, unless the City Council adopts an
Ordinance allowing avieries larger than 200 square feet on lots having at a
minimum 3.5 acres in size.
X. Until the applicants execute an Affidavit of Acceptance of all
conditions of this approval, the approvals shall not be effective.
Y. All conditions of the Conditional Use approval, that apply, shall be
complied with prior to the issuance of building permit.
PASSED, APPROVED AND ADOPT A, OF MAY, 2015.
CHELF, CHAI : AN
ATTEST:
441,fitielm
HEIDI LUCE, 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 Code of Civil Procedure Section
1094.6.
Reso. 2015-13 5
20 Outrider Rd.
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2015-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT
TO CONSTRUCT AN AVIARY AT 20 OUTRIDER ROAD, ROLLING
HILLS, CA (LOT 78-EF) IN ZONING CASE NO. 874, IN
CONJUNCTION WITH APPROVAL OF A ZONING TEXT
AMENDMENT NO. 2015-01 TO ALLOW AVIARIES ON LOTS THAT
ARE LESS THAN 5 ACRES IN SIZE, (RICH).
was approved and adopted at a regular meeting of the Planning Commission on
May 19, 2015 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.*
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
CITY CLERK
*A vacancy exists on the Planning Commission.
Reso. 2015-13 6
20 Outrider Rd.
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AUG 0 3 2015
City ot Rolling Hills
By