873, Allow aviaries greater than 20, Staff Reports• •
Ral&49 qeek
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 3-E
Mtg. Date: 06/22/15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR ( f
THRU: RAYMOND R. CRUZ, CITY MANAGER
SUBJECT: ORDINANCE NO. 343. AN ORDINANCE OF THE CITY OF ROLLING
HILLS AMENDING SECTION 17.18.070 OF TITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE TO ALLOW AVIARIES
GREATER THAN 200 SQUARE FEET ON LOTS HAVING A
MINIMUM OF 3.5 ACRES IN SIZE, IN ZONING CASE NO. 873 AND
ZONING CODE AMENDMENT NO. 2015-01.
ATTACHMENTS:
Ordinance No. 343
DATE PUBLISHED: May 28, 2015
RECOMMENDATION
It is recommended that the City Council waive full reading and adopt Ordinance No.
343 amending the City of Rolling Hills Zoning Code to allow aviaries greater than 200
sq. ft. on lots having a minimum of 3.5 acres in size. The proposed Ordinance is
attached.
BACKGROUND
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.
In conjunction with an application for a CUP to construct at 338 sq. ft. aviary in Zoning
Case No. 874, the applicant also requested a zoning text amendment to allow aviaries
• •
greater than 200 square feet to be located on lots having a minimum of 3.5 acres in size
(excluding roadway easements), rather than on a minimum of 5 acres, as is currently
permitted.
After several public hearings, the Planning Commission adopted a Resolution
recommending that the City Council adopt an ordinance amending the Rolling Hills
Municipal Code to allow aviaries greater than 200 sq.ft. (with CUP), on lots of minimum
size of 3.5 acres
On Monday, June 8, 2015, on a 5-0 vote members of the City Council introduced
Ordinance No. 343 for first reading and full reading was waived. There were no
comments from members of the public at the first reading and there has been no
objection expressed in writing or orally.
YS:hl
873 ZC ammdmet aviaries staff rpt-2ndReading.doc
•
ORDINANCE NO. 343
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
SECTION 17.18.070 OF TITLE 17 OF THE ROLLING HILLS
MUNICIPAL CODE TO ALLOW AVIARIES GREATER THAN 200
SQUARE FEET ON LOTS HAVING A MINIMUM OF 3.5 ACRES IN
SIZE.
The City Council of the City of Rolling Hills does ordain 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 that Section 17.18.070 of the
Zoning Code be amended to allow aviaries greater than 200 square feet on lots smaller than 5 acres,
subject to a Conditional Use Permit.
Section 2. Under Rolling Hills Municipal Code ("RHMC") 17.18.070, aviaries that exceed
200 square feet require approval of a Conditional Use Permit and may not be located on a lot consisting
of less than five (5) acres. The applicant proposes to construct a 338 square foot aviary on a property
that is 3.88 acres in size (excluding roadway easement.
Section 3. Chapter 17.50 of the RHMC sets forth procedures for amending the Zoning
Ordinance. Public hearings before the Planning Commission and City Council are required. The
Planning Commission conducted duly noticed public hearings on April 21 and May 19, 2015, which
included a field trip to the property on April 21, 2015. At the May 19, 2015 meeting the Planning
Commission adopted a resolution recommending to the City Council to adopt an ordinance amending
the lot size requirement for aviaries greater than 200 square feet. The City Council held a duly noticed
public hearing on June 8, 2015 to review the proposed amendments. Notice of the public hearing was
provided as required by law. Evidence was heard from all persons interested in affecting said proposal
and from members of the City staff. The City Council reviewed, analyzed and studied said proposal.
Section 4. Pursuant to the requirements of the California Environmental Quality Act
("CEQA"), Public Resources Code Section 21000 to Section 21177, State CEQA Guidelines, 14
California Code of Regulations §§ 15000, et seq., and the CEQA Guidelines of the City of Rolling Hills,
staff analyzed the proposed zoning text amendment and concluded that it is exempt from CEQA
requirements because it consists only of minor revisions and clarifications and will not have the effect of
deleting or substantially changing any regulatory standards or findings. The proposed zoning text
amendment is an action that does not have the potential to cause significant effects on the environment.
The City is unaware of any significant environmental impacts that would result from conditionally
permitting aviaries greater than 200 square feet on lots consisting of at least 3.5 acres. Accordingly, the
proposed zoning text amendment is exempt pursuant to the "common sense" exemption set forth in
Section 15061 (b)(3) of the CEQA Guidelines because there is no possibility that it could have a
significant effect on the environment. Furthermore, the proposed zoning text amendment does not
constitute a "project" that requires environmental review (see specifically 14 CCR § 15378 (b)(2, 5)).
Section 5. Pursuant to Government Code § 65402(a), the requested zoning text amendment
was reviewed by the City Council for, among other things, conformity with the General Plan and the
RHMC. The proposed zoning text amendment seeks to preserve the strict development practices in the
City for the construction of aviaries but allow them to be conditionally approved on smaller lots.
Ordinance No. 343-Aviaries 1
• •
Section 6. General Plan Conformance and Zoning. The zoning text amendment conforms to
the City's General Plan and the zoning regulations in the RHMC as follows:
A. Land Use Element Goal 1 is to maintain distinctive rural residential character by maintaining the
City's one and two acre minimum lot size requirements. The zoning text amendment would not affect the
required lot size for development and the use maintains the rural character of the City.
B. Land Use Element Goal 2 seeks to accommodate development that is compatible with and
complements existing land uses. The zoning text amendment would allow the applicant's lot (and other
lots in the City meeting the requirements of Section 17.18.070) to be developed in a manner that is
compatible with and complements existing land uses in the City.
C. Land Use Element Goal 3 seeks to accommodate development that is sensitive to the natural
environment and accounts for environmental hazards by maintaining the City's open space requirements
to preserve natural vegetation and wildlife habitat. The zoning text amendment would not alter
requirements otherwise applicable to proposed development of aviaries larger than 200 square feet
consistent with Land Use Element Goal 3, including that aviaries shall be used for the exclusive purpose
of keeping permitted birds and small animals indigenous to the State of California.
Section 7. The City Council has considered the evidence, both written and oral, presented in
connection with this application and finds that the amendment to Section 17.18.070 will preserve the
public health, safety and general welfare, while balancing property rights. In addition, the zoning code
amendment will comply with the requirements of the City of Rolling Hills General Plan and State
Planning and Zoning Laws (Government section 65000 et seq.).
Section 8. The City Council hereby adopts an Ordinance amending Section 17.18.070(1) of
Title 17 of the City of Rolling Hills Municipal Code to read as follows:
1. Shall not be located on lots of less than 3.5 acres, as measured by excluding roadway easements.
PASSED, APPROVED AND ADOPTED this 22°a day of June, 2015.
ATTEST:
HEIDI LUCE
CITY CLERK
Ordinance No. 343-Aviaries 2
(I)
BEA DIERINGER
MAYOR PRO TEM
•
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 343 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
SECTION 17.18.070 OF TITLE 17 OF THE ROLLING HILLS
MUNICIPAL CODE TO ALLOW AVIARIES GREATER THAN 200
SQUARE FEET ON LOTS HAVING A MINIMUM OF 3.5 ACRES IN
SIZE.
was approved and adopted at a regular meeting of the City Council on June 22, 2015 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.
HEID LUCE
CITY CLERK
Ordinance No. 343-Aviaries 3
• •
i,"* Rallaif gee4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 4-C and 5-A
Mtg. Date: 06/08/15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
THRU: RAYMOND R. CRUZ, CITY MANAGER
SUBJECT: WAIVE FULL READING AND INTRODUCE ON FIRST READING
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
SECTION 17.18.070 OF TITLE 17 OF THE ROLLING HILLS
MUNICIPAL CODE TO ALLOW AVIARIES GREATER THAN 200
SQUARE FEET ON LOTS HAVING A MINIMUM OF 3.5 ACRES IN
SIZE, IN ZONING CASE NO. 873 AND ZONING CODE
AMENDMENT NO. 2015-01.
AND
RESOLUTION NO. 2015-13. REQUEST FOR A CUP FOR A 338
SQUARE FOOT AVIARY.
ATTACHMENTS:
Planning Commission Resolution No. 2015-12
Planning Commission Resolution No. 2015-13
Rolling Hills provisions and other cities' requirements
DATE PUBLISHED: May 28, 2015
RECOMMENDATION
1. It is recommended that the City Council conduct a public hearing on the
proposed ordinance amending the zoning code. In addition, it is recommended that the
City Council receive and file Resolution No. 2015-13 approving a 338 sq.ft. aviary on a
3.88 acres lot, or provide other direction to staff. The approval of the aviary would be
subject to the adoption of the zoning code amendment.
Adoption of an Ordinance requires a public hearing before the Planning Commission
and the City Council.
• •
Included with this staff report is a Resolution recommending that the City Council
adopt an ordinance amending the Rolling Hills Municipal Code to allow aviaries
greater than 200 sq.ft. (with CUP), on lots of minimum size of 3.5 acres; and a
Resolution approving a CUP for an aviary.
ZONING CASE NO. 873; ZONING CODE AMENDMENT NO. 2015-01
DISCUSSION
1. The applicant requests to amend the zoning text in the Municipal Code that
apply to the development of aviaries in Rolling Hills on five acres lots or more (Zoning
Case 873) and concurrently request a Conditional Use Permit (Zoning Case 874) to
construct a 338 square foot aviary. The zoning text amendment would allow aviaries
greater than 200 square feet to be located on lots having a minimum of 3.5 acres in size
(excluding roadway easements), rather than on a minimum of 5 acres, as is currently
permitted.
2. The Planning Commission at the May 16, 2015 meeting adopted Resolutions No.
2015-12 recommending that the City Council adopt an Ordinance changing the
minimum lot size for locating aviaries larger than 200 square feet; and Resolution No.
2015-13 approving the CUP to construct a 338 sq.ft. aviary.
3. Resolution No. 2015-12 reflects the proposed change to the zoning ordinance
Section 17.18.070 (1) that state that aviaries greater than 200 square feet shall not be
located on lots of less than 3.5 acres. No other provisions of Section 17.18.070 are
proposed to be changed.
Conditions of approval of the CUP include provision that:
• the CUP approval will not be effective until the City Council adopts the
ordinance allowing the zoning text amendment
• that the marking for the sports court (also used for parking) be removed and the
area be used only for parking, as approved in 1994
• that all other conditions for aviaries, per Section 17.18.070 be met that the aviary
be kept in good sanitary condition and that noise complaints would be enforced
per Section 6.46.010 of the RHMC (Barking dogs and other noisy animals).
BACKGROUND
4. Under the current zoning code (RHMC 17.18.070) aviaries that exceed 200 square
feet require approval of a Conditional Use Permit and are subject to a number of criteria
or requirements. The first criterion is that a minimum lot size of five acres is required if
the aviary is to be larger than 200 square feet. The applicant proposes to construct a 338
square foot aviary on his property that is 3.88 acres in size, which is 1.12 acres less than
the minimum required lot area. The applicant requests no other changes in the code
other than the minimum site requirement for aviaries that exceed 200 square feet.
• .
The City's Animal Chapter of the Municipal Code, (Chapter 6) contains a provision
requiring that any structure where animals are kept must be clean and in sanitary
condition. Current city's requirements and requirements gathered from other cities are
attached.
5. The applicant's representative stated that the owner is planning to keep about 40
or so small birds such as finches, cockatiels, parakeets and similar household birds.
Staff found that there are no State regulations for "commonly kept birds" or "pets",
although State of California regulates possession of certain exotic or larger "game"
birds, such as hawks, quails, owls and eagles, which may present a public health and
safety. In addition, staff found that State of California does not have statues, which
establish minimum care standards for privately kept birds, except for pet shops.
6. The applicant is not eligible to apply for a Variance from the existing aviary
standards instead of a Zoning Ordinance Text Amendment because the requirement for
a minimum of five acres in effect defines an allowed use on residential properties, the
use being bird keeping in large aviaries. Under state planning law, cities do not have
the authority to grant a use variance.
7. Procedurally, code amendments are brought before the Planning Commission,
which after conducting a public hearing will make a recommendation to the City
Council in the form of a Resolution. The City Council must conduct a public hearing to
consider the Planning Commission's recommendation and if the Council decides to
change the code, adopts an Ordinance that becomes effective 30 days after final action
by the Council.
ZONING CASE 874 - CUP FOR AVIARY (Subject to approval of a Zoning Code Text
Amendment)
BACKGROUND
1. The applicant, Mr. John Rich, requests a Conditional Use Permit to construct a
338 square foot aviary and adjoining 358 square foot koi pond on his property, which is
3.88 acres in size, (only the aviary requires a CUP). The subject property is zoned RA-S-
1 (Residential Suburban Agricultural - 1 acre minimum lot size) and is located at 20
Outrider Road. The proposed aviary and koi pond are to be located within the main
outdoor living area on the primary building pad, next to the existing pool. The
proposed aviary is subject to a Conditional Use Permit (CUP) because it exceeds 200
square feet (RHMC 17.17.050).
2. Under the current applicable zoning regulations, aviaries greater than 200 square
feet in area are prohibited on lots that are less than five acres in size. The applicant
accordingly has also filed an application for a Zoning Ordinance Text Amendment to
change the lot size requirement throughout the City so that aviaries larger than 200
• •
square feet would be allowed on lots smaller than five acres, still with a requirement for
a Conditional Use Permit.
3. The subject property is zoned RAS-1 and has a gross lot area of 3.88 acres
(excluding the roadway easement). The property is comprised of two lots that were
combined in 1989 to form a single parcel (Zoning Case 382). The net lot area, as
calculated for development purposes, is 152,378 square feet (3.49 acres). The lot is
located along the Outrider Road cul-de-sac and has a narrow and irregular roadway
easement frontage. The rear of the property to the east is comprised of a steep slope
area that borders the City of Rancho Palos Verdes.
4. The subject property is currently developed with two development pads. On the
residential pad there is a 6,195 square foot residence, 1,062 square foot garage, 1,541
square feet of attached porches, 720 square foot swimming pool/spa, and accessory
structures including an 82 square foot gazebo, 110 square foot barbeque, 110 square foot
mechanical equipment vault, 94 square foot service yard and 27 square foot fireplace.
On a second pad there is a large paved rectangular area that was denied for use as a
sport court in 1993 but was subsequently approved as a parking area (respectively
Zoning Cases 496 and 508). One thousand square feet on the lot is set aside for a future
stable and corral.
5. No grading is proposed with this project. The area where the aviary is to be
located is already graded and improved as a putting green, and is suitable for the
proposed structure.
MUNICIPAL CODE COMPLIANCE
6. Aviaries larger than 200 square feet are currently permitted subject to a CUP, on
sites minimally 5 acres in area. Approval of the aviary CUP is subject to approval of the
concurrently filed Code Amendment.
7. The net lot area of the lot is 152,378 square feet. The structural lot coverage is
proposed to be 11,320 square feet or 7.4% of the net lot area (20% maximum permitted).
Total lot coverage, including structures, driveways, and all other paved areas, with
permitted exclusions, is proposed to be 21,339 square feet or 14% of the net lot area
(35% maximum permitted).
8. The residential building pad is 27,185 square feet. Its pad coverage will be 9,936
square feet, or 36.6%. The paved parking area pad is not improved with any structures.
9. In reviewing the subject development application the Planning Commission
considers whether the proposed project meets the criteria in the Zoning Ordinance for
approval of a CUP. The applicant's representative states that the development of an
• •
aviary and koi pond as proposed is compatible with similar types of features being built
in the City, except that the aviary is somewhat larger than allowed on smaller lots.
10. With the exception of the size of the lot (3.88 acres as opposed to 5 acres) the
project meets all of the City's applicable requirements for aviaries including the
maximum height (will not exceed 16 feet in height), slope (not in an area where slope
exceeds 4:1) and location (not in front yard or rear setback, and not within 25 feet of
side property line and 25 feet from a roadway easement and minimum 35 feet from a
residential structure on the same lot and 100 feet from a residential structure on an
adjoining lot). The proposed aviary will, at the closest point, be 200 feet from a
residence on an adjoining property and 35 feet from the applicant's home.
The proposed pad coverage (36.6 sq. ft.) is somewhat higher than the 30% guideline
established by the Planning Commission, but this amount is compatible with the
surrounding community.
11. The applicant will apply for approval from the RHCA Architectural Committee
at a later date.
12. During the Planning Commission proceedings several neighbors have inquired
and were concerned about the potential noise and upkeep of the aviary; and one
resident was present at the field trip, but had no objections. One of the conditions of the
approval by the Planning Commission states that that aviary must be kept in good
sanitary condition and that noise complaints would be enforced per Section 6.46.010 of
the RHMC (Barking dogs and other noisy animals).
ZONING CASE NO. 874 (CUP -AVIARY)
CODE CRITERIA
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
Side: 20 ft. from property line
Rear: 50 ft. from property line
Structures- CUP req'd for aviary
EXISTING
Residence, garage, pool
Residence
Garage
Swim Pool/spa
Stable -future
Service Yard
Att. Porch/house
Bbq +Fire place
Gazebo
Mech, vault
Water feature
TOTAL
Less exclusions
6,195 sq.ft.
1,062 sq.ft.
791 sq.ft.
450 sq.ft.
94 sq.ft.
1,541 sq.ft.
137 sq.ft.
82 sq.ft.
110 sq.ft.
297 sq.ft.
10,759 sf.
10,327 sf.
PROPOSED
Residence, garage, pool,
aviary and koi pond
Residence
Garage
Swim Pool/spa
Stable -future
Service Yard
Att. Porch/house
Bbq +Fire place
Gazebo
Mech. vault
Water feature
Aviary
Koi Pond
TOTAL
Less exclusions
6,195 sq.ft.
1,062 sq.ft.
791 sq.ft.
450 sq.ft.
94 sq.ft.
1,541 sq.ft.
137 sq.ft.
82 sq.ft.
110 sq.ft.
297 sq.ft.
338 sq.ft.
358 sq.ft.
11,752 sf.
11,320 sf
Aviary setbacks:
From on -site home: 35 '
From nearest off -site home:100 '
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage -
Residential
(30% maximum -guideline)
Grading
Disturbed Area
(40% maximum)
Stable and Corral
Preserve Views
Preserve Plants and Animals
NA
6.8% of 152,378 sq,ft. net lot area
13.5% of 152,378 sq,ft. net lot
area
33.98% of 27,185 sq.ft. pad area
N/A
Not available
35' from on -site home
200 ' from nearest neighbor
7.4% of 152,378 sq,ft. net lot
area (w/ allowed deductions)
21,339 sq.ft, 14.0% of 152,378
sq.ft. net lot area
36.6% of 27,185 sf. pad area
No grading proposed
No change - aviary, koi pond
proposed on exist'g dist. area
Future (set -aside 1,000 sq. ft.) Future (set -aside 1,000 sq. ft.)
Planning Commission condition Planning Commission review
Planning Commission condition Planning Commission review
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
11.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is
consistent with the General Plan, compatible with surrounding land use, and meets the
provisions and intent of this title. In making such a determination, the hearing body shall find
that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be materially
detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional- use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development
standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
SOURCE: City of Rolling Hills Zoning Ordinance
• •
ORDINANCE NO. 343
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
SECTION 17.18.070 OF TITLE 17 OF THE ROLLING HILLS
MUNICIPAL CODE TO ALLOW AVIARIES GREATER THAN 200
SQUARE FEET ON LOTS HAVING A MINIMUM OF 3.5 ACRES IN
SIZE.
The City Council of the City of Rolling Hills does ordain 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 that Section 17.18.070 of the
Zoning Code be amended to allow aviaries greater than 200 square feet on lots smaller than 5 acres,
subject to a Conditional Use Permit.
Section 2. Under Rolling Hills Municipal Code ("RHMC") 17.18.070, aviaries that exceed
200 square feet require approval of a Conditional Use Permit and may not be located on a lot consisting
of less than five (5) acres. The applicant proposes to construct a 338 square foot aviary on a property
that is 3.88 acres in size (excluding roadway easement.
Section 3. Chapter 17.50 of the RHMC sets forth procedures for amending the Zoning
Ordinance. Public hearings before the Planning Commission and City Council are required. The
Planning Commission conducted duly noticed public hearings on April 21 and May 19, 2015, which
included a field trip to the property on April 21, 2015. At the May 19, 2015 meeting the Planning
Commission adopted a resolution recommending to the City Council to adopt an ordinance amending
the lot size requirement for aviaries greater than 200 square feet. The City Council held a duly noticed
public hearing on June 8, 2015 and to review the proposed amendments. Notice of the
public hearing was provided as required by law. Evidence was heard from all persons interested in
affecting said proposal and from members of the City staff. The City Council reviewed, analyzed and
studied said proposal.
Section 4. Pursuant to the requirements of the California Environmental Quality Act
("CEQA"), Public Resources Code Section 21000 to Section 21177, State CEQA Guidelines, 14
California Code of Regulations §§ 15000, et seq., and the CEQA Guidelines of the City of Rolling Hills,
staff analyzed the proposed zoning text amendment and concluded that it is exempt from CEQA
requirements because it consists only of minor revisions and clarifications and will not have the effect of
deleting or substantially changing any regulatory standards or findings. The proposed zoning text
amendment is an action that does not have the potential to cause significant effects on the environment.
The City is unaware of any significant environmental impacts that . would result from conditionally
permitting aviaries greater than 200 square feet on lots consisting of at least 3.5 acres. Accordingly, the
proposed zoning text amendment is exempt pursuant to the "common sense" exemption set forth in
Section 15061 (b)(3) of the CEQA Guidelines because there is no possibility that it could have a
significant effect on the environment. Furthermore, the proposed zoning text amendment does not
constitute a "project" that requires environmental review (see specifically 14 CCR § 153'78 (b)(2, 5)).
Section 5. Pursuant to Government Code § 65402(a), the requested zoning text amendment
was reviewed by the City Council for, among other things, conformity with the General Plan and the
RHMC. The proposed zoning text amendment seeks to preserve the strict development practices in the
City for the construction of aviaries but allow them to be conditionally approved on smaller lots.
Ordinance No. 343-Aviaries 1
• •
Section 6. General Plan Conformance and Zoning. The zoning text amendment conforms to
the City's General Plan and the zoning regulations in the RHMC as follows:
A. Land Use Element Goal 1 is to maintain distinctive rural residential character by maintaining the
City's one and two acre minimum lot size requirements. The zoning text amendment would not affect the
required lot size for development and the use maintains the rural character of the City.
B. Land Use Element Goal 2 seeks to accommodate development that is compatible with and
complements existing land uses. The zoning text amendment would allow the applicant's lot (and other
lots in the City meeting the requirements of Section 17.18.070) to be developed in a manner that is
compatible with and complements existing land uses in the City.
C. Land Use Element Goal 3 seeks to accommodate development that is sensitive to the natural
environment and accounts for environmental hazards by maintaining the City's open space requirements
to preserve natural vegetation and wildlife habitat. The zoning text amendment would not alter
requirements otherwise applicable to proposed development of aviaries larger than 200 square feet
consistent with Land Use Element Goal 3, including that aviaries shall be used for the exclusive purpose
of keeping permitted birds and small animals indigenous to the State of California.
Section 7. The City Council has considered the evidence, both written and oral, presented in
connection with this application and finds that the amendment to Section 17.18.070 will preserve the
public health, safety and general welfare, while balancing property rights. In addition, the zoning code
amendment will comply with the requirements of the City of Rolling Hills General Plan and State
Planning and Zoning Laws (Government section 65000 et seq.).
Section 8. The City Council hereby adopts an Ordinance amending Section 17.18.070(1) of
Title 17 of the City of Rolling Hills Municipal Code to read as follows:
1. Shall not be locatedon lots of less than 3.5 acres, as measured by excluding roadway easements.
PASSED, APPROVED AND ADOPTED this day of , 2015.
JEFF PIEPER
MAYOR
ATTEST:
HEIDI LUCE
CITY CLERK
Ordinance No. 343-Aviaries 2
• i
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 343 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
SECTION 17.18.070 OF TITLE 17 OF THE ROLLING HILLS
MUNICIPAL CODE TO ALLOW AVIARIES GREATER THAN 200
SQUARE FEET ON LOTS HAVING A MINIMUM OF 3.5 ACRES IN
SIZE.
was approved and adopted at a regular meeting of the City Council on , 2015 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.
HEID LUCE
CITY CLERK
Ordinance No. 343-Aviaries 3
• •
THIS PAGE INTENTIONALLY LEFT BLANK .
• •
RESOLUTION NO. 2015-12
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 17.18.070 TO
ALLOW AVIARIES GREATER THAN 200 SQUARE FEET ON LOTS HAVING A
MINIMUM OF 3.5 ACRES IN SIZE, IN ZONING CASE NO. 873 (ZONING CODE
AMENDMENT NO. 2015-01).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND RECOMMEND 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 Rolling Hills Municipal Code ("RHMC") 17.18.070,
aviaries that exceed 200 square feet require approval of a Conditional Use Permit
and may not be located on a lot consisting of less than five acres. The applicant
proposes to construct a 338 square foot aviary on a property that is 3.88 acres in size
(excluding roadway easement), which is 1.12 acres less than the minimum required
lot area.
Section 3. The applicant, therefore, has requested that Section 17.18.070 be
amended to allow aviaries greater than 200 square feet on lots smaller than 5 acres,
subject to a Conditional Use Permit.
Section 4. The Planning Commission conducted duly noticed public
hearings to consider the application at regular Planning Commission meetings on
March 17 and April 21, 2015, which included 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. Notice of this request was published in a newspaper of general
circulation in the City of Rolling Hills and notices were mailed to all owners of
property within one thousand (1,000 feet of the exterior boundary of said lot.
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 representative was in
attendance at the hearings.
Section 5. Chapter 17.50 of the RHMC sets forth procedures by which a
zoning text amendment may be processed and provides that a zoning text
amendment shall be consistent with City land use policies and in the interest of the
public health, safety and general welfare.
Reso. No. 2015-12
Zoning Code amendment
Section 6. Pursuant to Government Code § 65402(a), the requested zoning
text amendment was reviewed by the Planning Commission for, among other
things, conformity with the General Plan and the RHMC. The proposed zoning text
amendment seeks to preserve the strict development practices in the City for the
construction of aviaries but allow them to be conditionally approved on smaller lots:
Section 7. Pursuant to the requirements of the California Environmental
Quality Act ("CEQA"), Public Resources Code Section 21000 to Section 21177, State
CEQA Guidelines, 14 California Code of Regulations §§ 15000, et seq., and the CEQA
Guidelines of the City of Rolling Hills, staff analyzed the proposed zoning text
amendment and concluded that it is exempt from CEQA requirements because it
consists only of minor revisions and clarifications and will not have the effect of
deleting or substantially changing any regulatory standards or findings. The
proposed zoning text amendment is an action that does not have the potential to
cause significant effects on the environment. The City is unaware of any significant
environmental impacts that would result from conditionally permitting aviaries
greater than 200 square feet on lots consisting of at least 3.5 acres. Accordingly, the
proposed zoning text amendment is exempt pursuant to the "common sense"
exemption set forth in Section 15061 (b)(3) of the CEQA Guidelines because there is
no possibility that it could have a significant effect on the environment. Furthermore,
the proposed zoning text amendment does not constitute a "project" that requires
environmental review (see specifically 14 CCR § 15378 (b)(2, 5)).
Section 8. General Plan Conformance and Zoning. The zoning text
amendment conforms to the City's General Plan and the zoning regulations in the
RHMC as follows:
A. Land Use Element Goal 1 is to maintain distinctive rural residential character
by maintaining the City's one and two acre minimum lot size requirements. The
zoning text amendment would not affect the required lot size for development and
the use maintains the rural character of the City.
B. Land Use Element Goal 2 seeks to accommodate development that is
compatible with and complements existing land uses. The zoning text amendment
would allow the applicant's lot (and other lots in the City meeting the requirements
of Section 17.18.070) to be developed in a manner that is compatible with and
complements existing land uses in the City.
C. Land Use Element Goal 3 seeks to accommodate development that is sensitive
to the natural environment and accounts for environmental hazards by maintaining
the City's open space requirements to preserve natural vegetation and wildlife
habitat. The zoning text amendment would not alter requirements otherwise
applicable to proposed development of aviaries larger than 200 square feet consistent
with Land Use Element Goal 3, including that aviaries shall be used for the exclusive
Reso. No. 2015-12
Zoning Code amendment
purpose of keeping permitted birds and small animals indigenous to the State of
California. .
Section 9. The Planning Commission has considered the evidence, both
written and oral, presented in connection with this application and finds that the
amendment to Section 17.18.070 will preserve the public health, safety and general
welfare, while balancing property rights.
Section 10. Based on the foregoing findings, the Planning Commission
recommends that the City Council of the City of Rolling Hills adopt an Ordinance
amending Section 17.18.070(1) of Title 17 of the City of Rolling Hills Municipal Code
to read as follows:
1. Shall not be located on lots of less than 3.5 acres, as measured by excluding
roadway easements.
PASSED, APPROVED AND ADOPTED H 9th DAY OF MAY 2015.
CHEL , CH `RMAN
ATTEST:
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. No. 2015-12
Zoning Code amendment
• a
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-12 entitled:
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING ROLLING HILLS
MUNICIPAL CODE SECTION 17.18.070 TO ALLOW AVIARIES
GREATER THAN 200 SQUARE FEET ON LOTS. HAVING A
MINIMUM OF 3.5 ACRES IN SIZE, IN ZONING CASE NO. 873
(ZONING CODE AMENDMENT NO. 2015-01).
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. No. 2015-12
Zoning Code amendment
• •
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
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
20 Outrider Rd.
2 ow
• .
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
20 Outrider Rd.
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.
i
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, CHAIAN
ATTEST:
44,,bc6Thico
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
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
20 Outrider Rd.
Rall4,9 qteej
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
ROLLING HILLS ZONING CODE PROVISIONS FOR AVIARIES & ANIMAL
KEEPING:
17.12.010 "A" words, terms and phrases.
"Aviary" means an enclosure or large cage where birds are kept.
17.18.050 Permitted uses and structures with conditional use permit approval.
A. The following animal keeping uses are permitted, provided a conditional use
permit has been approved pursuant to Chapter 17.42 and building code
requirements are met, including issuance of a building permit. These uses may be
permitted only on property with a legally established single-family residence. In
addition to a conditional use permit, a site plan review may be required. The
Planning Commission may impose additional conditions pursuant to Chapter 17.42
of this title.
1. Stable greater than two hundred square feet, subject to Section 17.18.060
2. Aviary greater than two hundred square feet, subject to Section 17.18.070
3. Wildlife rehabilitation facility, subject to Section 17.18.080
4. Corral greater than five hundred fifty square feet, subject to Section 17.18.090
5. Horseback riding ring, subject to Section 17.18.100
17.18.070 Requirements for aviaries requiring conditional use permit.
All aviaries over two hundred square feet shall meet the following requirements:
1. Shall not be located on lots of less than five acres.
2. The roof shall not exceed a peak height of sixteen feet.
3. Shall not be located on a portion of the lot where the slope is greater than 4:1.
4. Shall not be permitted in the front yard or in the rear yard setback, shall be
located no less than twenty-five feet from side property line in the RAS-1 zone,
ZC NO. 874
• •
no less than thirty-five feet from the side property line in the RAS-2 zone and
no less than twenty-five feet from side roadway easement line.
5. Shall be located a minimum of thirty-five feet from any residential structure
including attached garage or a guest house, located on the same lot, and a
minimum of one hundred feet from a residential structure, including attached
garage or a guest house located on adjoining lots.
6. Shall be used for the exclusive purpose of keeping permitted birds and small
animals indigenous to the State of California. Commercial uses shall not be
permitted.
7. Shall be counted towards structural, total, building pad coverage or disturbed
area of the net lot for purposes of Chapter 17.16
8. May be permitted in addition to the construction of a stable and shall not be
counted towards the size of the stable for purposes of this chapter.
RHMC - TITLE 6. ANIMALS
6.40.020 Unsanitary conditions prohibited.
It is unlawful for any person to keep upon any premises any animal or household pets
in a foul, offensive, obnoxious, filthy or unsanitary condition. The Health Officer or
Director of Animal Control may order the premises or animal or household pet to be
cleansed or disinfected. No person who is so ordered shall fail, neglect or refuse to
clean, disinfect, or maintain any such premises or animal or household pet, so as not to
create a hazard to public health.
6.46.010 Barking dogs and other noisy animals.
It is unlawful to keep, maintain, or cause or permit to be kept or maintained upon any
premises in the City, or to permit or allow to be running at large, any dog or other
animal which repeatedly barks, howls, whines, crows, or makes loud or unusual noises
in such a manner as to either disturb the peace and quiet or interfere with the
comfortable enjoyment of property of a person or persons residing in the vicinity of
such premises. Violation of this section shall be a misdemeanor and punishable in
accordance with the provisions of Section 6.04.030 of this title. Every day during which
any person continues to keep or maintain any such animal, shall be a separate violation
of this section.
6.48.010 Keeping contrary to law a nuisance.
Any animal being kept or maintained contrary to the provisions of this title or any
other ordinance of the City or any State statute shall constitute a nuisance and shall be
abated by the Director as provided for by law.
ZC 873-874 -2-
• •
KEEPING OF BIRDS - OTHER CITIES:
PALOS VERDES ESTATES -
Allowed: in single family residential zone; no lot size restriction. Code is silent
on where and how many of such animals may be kept. However, the 35-foot
distance to any residence requirement of the State Health Code would be
applied.
Type Permitted: Domestic birds, such as Canaries, Finches, Mynah birds, Parrots,
Parakeets or other exotic birds not prohibited from keeping by federal or state
law.
Conditions: It is unlawful to keep any animal which disturbs, by any repeated or
sustained act, sound, cry, or odor the peace and comfort of any neighborhood.
Any animal....that barks, whines or howls in a continuous or sustained fashion
shall be considered a public nuisance.
ROLLING HILLS ESTATES
Permitted: Up to 24 Very Small Animals (birds, hamsters, chipmunks, guinea
pigs and similar household birds) may be kept in Agricultural Zoning Districts
(lot size varies from 10,000 sq.ft. to greater than 20,000 sq.ft.). More than 24 very
small animals maybe permitted with a special use permit approved by the
planning commission.
Development Standards:
a) Thirty-five feet from any dwelling unit
b) 500 sq.ft. max size and 16' high max
c) Must meet setback requirements
d) All animal -keeping areas shall be maintained in a clean and sanitary
condition. Surface water, solid waste and manure shall not be
permitted to accumulate.
RANCHO PALOS VERDES
RPV zoning code is silent on aviaries. They would likely consider them an
accessory structure, which means that it would have to meet setbacks and be
limited to 12 feet in height.
The 35-foot distance to any residence of the State Health Code requirement
would be applied
Other provisions relating to any animals:
• #
6.04.060 - Disturbing the peace prohibited.
A. No person shall permit any animal that is kept or maintained upon
premises owned, occupied, or controlled by such person to emit any persistent
sound, cry, or other noise which disturbs the peace, quiet, and comfort of any
residential neighborhood.
B. For the purpose of this section, "persistent sound, cry, or other noise"
means any sound, cry, or other noise which is of such a magnitude as to be
obnoxious to a person of reasonable sensitivities.
RIVERSIDE
Definition:
kept.
Permitted:
Zones
Any place where more than 15 domestic or non -domestic birds are
The keeping of birds/aviaries is permitted in one of the Residential
Development standards:
Maximum size 750 square feet.
No minimum lot sizes for aviaries.
There are no limits on the number of birds or type.
Maintenance of Premises:
The premises where animals are kept shall be maintained in a clean, neat and
sanitary condition at all times to ensure the public health, safety, comfort,
convenience and general welfare pursuant to Title 6 and all other County and
State regulations.
HIDDEN HILLS
No specific requirements for aviaries. (According to the planner, he has never
received an inquiry for an aviary)
Aviaries would be allowed in the residential zones as accessory structures. They
cannot be in a setbacks; there are no size restrictions, no bird type restriction. The
35-foot distance to any residence of the State Health Code requirement would be
applied.
TO:
FROM:
Ralle;i9 qiee6
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 7A & 7B
Mtg. Date: 5/19/ 2015
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
NOTICE PUBLISHED:
ATTACHMENTS:
ZONING CASE NO. 873 - ZONING CODE TEXT
AMENDMENT; ZONING CASE NO. 874 - CUP
20 OUTRIDER ROAD (LOT 78-EF)
RA-S-1
JOHN RICH
GREG GEORGE, STUDIO GWG
MARCH 5, 2015
RESOLUTIONS OF APPROVAL
REQUEST AND RECOMMENDATION
1. The applicant requests to amend the zoning text in the Municipal Code that apply
to the development of aviaries in Rolling Hills on five acres lots or more (Zoning Case
873) and concurrently request a Conditional Use Permit (Zoning Case 874) to construct a
338 square foot aviary. The zoning text amendment would allow aviaries greater than
200 square feet to be located on lots having a minimum of 3.5 acres in size (excluding
roadway easements), rather than on a minimum of 5 acres, as is currently permitted.
2. The Planning Commission at the April 21, 2015 meeting directed staff to prepare
Resolutions to approve the project. The Zoning Text Amendment will be forwarded to
the City Council as a recommendation for a public hearing and adoption of an Ordinance
changing the minimum lot size for locating aviaries larger than 200 square feet; the
Conditional Use Permit (CUP) request will be forwarded to the City Council for receive
and file. The City Council will, however, have the opportunity to take the CUP case
under jurisdiction.
3. Resolution No. 2015-12 reflects the proposed change to the zoning ordinance
Section 17.18.070 (1), and shall state that av'aries greater than 200 square feet shall not be
ZC NO. 873 & 874
• •
located on lots of less than 3.5 acres, and Resolution No. 2015-13 is for the CUP for
construction of the aviary. No other provisions of Section 17.18.070 are proposed to be
changed.
Conditions of approval of the CUP include provision that:
• the CUP approval will not be effective until the City Council adopts the ordinance
allowing the zoning text amendment
• that the marking for the sports court (also used for parking) be removed and the
area be used only for parking, as approved in 1994
• that all other conditions for aviaries, per Section 17.18.070 be met
• that the aviary be kept in good sanitary condition and that noise complaints would
be enforced per Section 6.46.010 of the RHMC (Barking dogs and other noisy
animals)
4. It is recommended that the Planning Commission review and consider the
attached resolutions for adoption.
ZC 873-874
RESOLUTION NO. 2015-12
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 17.18.070 TO
ALLOW AVIARIES GREATER THAN 200 SQUARE FEET ON LOTS HAVING A
MINIMUM OF 3.5 ACRES IN SIZE, IN ZONING CASE NO. 873 (ZONING CODE
AMENDMENT NO. 2015-01).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND RECOMMEND 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 Rolling Hills Municipal Code ("RHMC") 17.18.070,
aviaries that exceed 200 square feet require approval of a Conditional Use Permit
and may not be located on a lot consisting of less than five acres. The applicant
proposes to construct a 338 square foot aviary on a property that is 3.88 acres in size
(excluding roadway easement), which is 1.12 acres less than the minimum required
lot area.
Section 3. The applicant, therefore, has requested that Section 17.18.070 be
amended to allow aviaries greater than 200 square feet on lots smaller than 5 acres,
subject to a Conditional Use Permit.
Section 4. The Planning Commission conducted duly noticed public
hearings to consider the application at regular Planning Commission meetings on
March 17 and April 21, 2015, which included 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. Notice of this request was published in a newspaper of general
circulation in the City of Rolling Hills and notices were mailed to all owners of
property within one thousand (1,000 feet of the exterior boundary of said lot.
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 representative was in
attendance at the hearings.
Section 5. Chapter 17.50 of the RHMC sets forth procedures by which a
zoning text amendment may be processed and provides that a zoning text
amendment shall be consistent with City land use policies and in the interest of the
public health, safety and general welfare.
Reso. No. 2015-12
Zoning Code amendment
CD
•
Section 6. Pursuant to Government Code § 65402(a), the requested zoning
text amendment was reviewed by the Planning Commission for, among other
things, conformity with the General Plan and the RHMC. The proposed zoning text
amendment seeks to preserve the strict development practices in the City for the
construction of aviaries but allow them to be conditionally approved on smaller lots.
Section 7. Pursuant to the requirements of the California Environmental
Quality Act ("CEQA"), Public Resources Code Section 21000 to Section 21177, State
CEQA Guidelines, 14 California Code of Regulations §§ 15000, et seq., and the CEQA
Guidelines of the City of Rolling Hills, staff analyzed the proposed zoning text
amendment and concluded that it is exempt from CEQA requirements because it
consists only of minor revisions and clarifications and will not have the effect of
deleting or substantially changing any regulatory standards or findings. The
proposed zoning text amendment is an action that does not have the potential to
cause significant effects on the environment. The City is unaware of any significant
environmental impacts that would result from conditionally permitting aviaries
greater than 200 square feet on lots consisting of at least 3.5 acres. Accordingly, the
proposed zoning text amendment is exempt pursuant to the "common sense"
exemption set forth in Section 15061 (b)(3) of the CEQA Guidelines because there is
no possibility that it could have a significant effect on the environment. Furthermore,
the proposed zoning text amendment does not constitute a "project" that requires
environmental review (see specifically 14 CCR § 15378 (b)(2, 5)).
Section 8. General Plan Conformance and Zoning. The zoning text
amendment conforms to the City's General Plan and the zoning regulations in the
RHMC as follows:
A. Land Use Element Goal 1 is to maintain distinctive rural residential character
by maintaining the City's one and two acre minimum lot size requirements. The
zoning text amendment would not affect the required lot size for development and
the use maintains the rural character of the City.
B. Land Use Element Goal 2 seeks to accommodate development that is
compatible with and complements existing land uses. The zoning text amendment
would allow the applicant's lot (and other lots in the City meeting the requirements
of Section 17.18.070) to be developed in a manner that is compatible with and
complements existing land uses in the City.
C. Land Use Element Goal 3 seeks to accommodate development that is sensitive
to the natural environment and accounts for environmental hazards by maintaining
the City's open space requirements to preserve natural vegetation and wildlife
habitat. The zoning text amendment would not alter requirements otherwise
applicable to proposed development of aviaries larger than 200 square feet consistent
with Land Use Element Goal 3, including that aviaries shall be used for the exclusive
Reso. No. 2015-12
Zoning Code amendment
2 1 1
purpose of keeping permitted birds and small animals indigenous to the State of
California. .
Section 9. The Planning Commission has considered the evidence, both
written and oral, presented in connection with this application and finds that the
amendment to Section 17.18.070 will preserve the public health, safety and general
welfare, while balancing property rights.
Section 10. Based on the foregoing findings, the Planning Commission
recommends that the City Council of the City of Rolling Hills adopt an Ordinance
amending Section 17.18.070(1) of Title 17 of the City of Rolling Hills Municipal Code
to read as follows:
1. Shall not be located on lots of less than 3.5 acres, as measured by excluding
roadway easements.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MAY 2015.
BRAD CHELF, CHAIRMAN
ATTEST:
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. No. 2015-12 3
Zoning Code amendment
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)
) §§
)
I certify that the foregoing Resolution No. 2015-12 entitled:
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING ROLLING HILLS
MUNICIPAL CODE SECTION 17.18.070 TO ALLOW AVIARIES
GREATER THAN 200 SQUARE FEET ON LOTS HAVING A
MINIMUM OF 3.5 ACRES IN SIZE, IN ZONING CASE NO. 873
(ZONING CODE AMENDMENT NO. 2015-01).
was approved and adopted at a regular meeting of the Planning Commission on
May 19, 2015 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.
CITY CLERK
Reso. No. 2015-12
Zoning Code amendment
•
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 04-
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
20 Outrider Rd.
2
• •
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.
• •
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.
4 iD
•
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 ADOPTED THIS 19th DAY OF MAY, 2015.
BRAD CHELF, CHAIRMAN
ATTEST:
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:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
CITY CLERK
Reso. 2015-13 6
20 Outrider Rd.
TO:
FROM:
Rafie;i9 gee6
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 4A
Mtg. Date: 4/21/ 2015 Field Trip
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
NOTICE PUBLISHED:
ATTACHMENTS:
ZONING CASE NO. 873 - Zoning Code Text
Amendment; ZONING CASE NO. 874 - CUP
20 Outrider Road (Lot 78-EF)
RA-S-1
JOHN RICH
GREG GEORGE, STUDIO GWG
MARCH 5, 2015
RHMC and OTHER CITIES REGULATIONS
ZONING CASE 873 - ZONING CODE TEXT AMENDMENT (AVIARIES-RHMC
17.18.070)
REQUEST AND RECOMMENDATION
1. The Planning Commission held a public hearing in this case on March 17, 2015
and scheduled a field trip to the site on April 21, 2015.
2. The applicant requests to amend the zoning text in the Municipal Code that apply
to the development of aviaries in Rolling Hills on five acres lots or more (Zoning Case
873) and concurrently request a Conditional Use Permit (Zoning Case 874) to construct a
338 square foot aviary.
3. It is recommended that the Planning Commission receive brief comments from
staff, view the project in the field, take public testimony and continue the meeting to the
evening Planning Commission meeting, or provide other direction to staff.
ZC NO. 874
G
BACKGROUND
4. Under the current zoning code (RHMC 17.18.070) aviaries that exceed 200 square
feet require approval of a Conditional Use Permit and are subject to a number of criteria
or requirements. The first criterion is that a minimum lot size of five acres is required if
the aviary is to be larger than 200 square feet. The applicant proposes to construct a 338
square foot aviary on his property that is 3.88 acres in size, which is 1.12 acres less than
the minimum required lot area. The applicant requests no other changes in the code
other than the minimum site requirement for aviaries that exceed 200 square feet.
The City's Animal Chapter of the Municipal Code, (Chapter 6) contains a provision
requiring that any structure where animals are kept must be clean and in sanitary
condition. Current city's requirements and requirements gathered from other cities are
attached.
5. The applicant's representative stated at the March 17 meeting that the owner is
planning to keep about 40 or so small birds such as finches, cockatiels, parakeets and
similar household birds.
Staff found that there are no State regulations for "commonly kept birds" or "pets",
although State of California regulates possession of certain exotic or larger "game" birds,
such as hawks, quails, owls and eagles, which may present a public health and safety. In
addition, staff found that State of California does not have statues, which establish
minimum care standards for privately kept birds, except for pet shops.
OPTIONS
6. The applicant is not eligible to apply for a Variance from the existing aviary
standards instead of a Zoning Ordinance Text Amendment because the requirement for
a minimum of five acres in effect defines an allowed use on residential properties, the
use being bird keeping in large aviaries. Under state planning law, cities do not have the
authority to grant a use variance.
Procedurally, code amendments are brought before the Planning Commission, which
after conducting a public hearing will make a recommendation to the City Council in the
form of a Resolution. The City Council will conduct a public hearing to consider the
Planning Commission's recommendation and if the Council decides to change the code,
adopts an Ordinance that becomes effective 30 days after final action by the Council.
In terms of changing the aviary code, the Planning Commission, subject to public input,
has two basic options in making a recommendation to the City Council: 1) make no
change, which would require that the applicant downsize his aviary by 138 square feet, or
2) change the minimum requirement for allowing over 200 square foot aviary from 5
acres to a smaller lot size. A change to a minimum of 3.5 acres or less would enable the
applicant to develop his proposal subject to approval of a CUP.
ZC 873-874
• •
Should the Commission consider amending the Zoning Code to allow aviaries that
exceed 200 square feet on lots less than 5 acres, additional standards could be developed,
such as:
1. The birds shall not disturb, by any repeated or sustained act, sound, cry, or odor
the peace and comfort of any neighbor. Such behavior may be considered a public
nuisance and is subject to abatement pursuant to Chapter 8.24 of the RHMC.
2. The animals permitted in this chapter are not to be kept for commercial breeding
program.
ZONING CASE 874 - CUP FOR AVIARY (Subject to approval of a Zoning Code Text
Amendment)
REQUEST AND RECOMMENDATION
1. The applicant, Mr. John Rich, requests a Conditional Use Permit to construct a
338 square foot aviary and adjoining 358 square foot koi pond on his property which is
3.88 acres in size. (only the aviary would require a CUP). The subject property is zoned
RA-S-1 (Residential Suburban Agricultural -1 acre minimum lot size) and is located at
20 Outrider Road. The proposed aviary and koi pond are to be located within the main
outdoor living area on the primary building pad, next to the existing pool. The
proposed aviary is subject to a Conditional Use Permit (CUP) because it exceeds 200
square feet (RHMC 17.17.050).
2. Under the current applicable zoning regulations, aviaries greater than 200 square
feet in area are prohibited on lots that are less than five acres in size. The applicant
accordingly has also filed an application for a Zoning Ordinance Text Amendment to
change the lot size requirement throughout the City so that aviaries larger than 200
square feet would be allowed on lots smaller than five acres, still with a requirement for
a Conditional Use Permit.
3. It is recommended that the Planning Commission receive brief comments from
staff, view the project in the field, take public testimony and continue the meeting to the
evening Planning Commission meeting, or provide other direction to staff.
4. The subject property is zoned RAS-1 and has a gross lot area of 3.88 acres
(excluding the roadway easement). The property is comprised of two lots that were
combined in 1989 to form a single parcel (Zoning Case 382). The net lot area, as
calculated for development purposes, is 152,378 square feet (3.49 acres). The lot is
located along the Outrider Road cul-de-sac and has a narrow and irregular roadway
easement frontage. The rear of the property to the east is comprised of a steep slope
area that borders the City of Rancho Palos Verdes.
ZC 873-874
• •
5. The subject property is currently developed with two development pads. On the
residential pad there is a 6,195 square foot residence, 1,062 square foot garage, 1,541
square feet of attached porches, 720 square foot swimming pool/spa, and accessory
structures including an 82 square foot gazebo, 110 square foot barbeque, 110 square foot
mechanical equipment vault, 94 square foot service yard and 27 square foot fireplace.
On a second pad there is a large paved rectangular area that was denied for use as a
sport court in 1993 but was subsequently approved as a parking area (respectively
Zoning Cases 496 and 508). One thousand square feet on the lot is set aside for a future
stable and corral.
6. No grading is proposed with this project. The area where the koi pond and
aviary are to be located is already graded and improved as a putting green, and is
suitable for the proposed structures.
MUNICIPAL CODE COMPLIANCE
7. Aviaries larger than 200 square feet are currently permitted subject to a CUP, on
sites minimally 5 acres in area. Approval of the aviary CUP is subject to approval of the
concurrently filed Code Amendment.
8. The net lot area of the lot is 152,378 square feet. The structural lot coverage is
proposed to be 11,320 square feet or 7.4% of the net lot area (20% maximum permitted).
Total lot coverage, including structures, driveways, and all other paved areas, with
permitted exclusions, is proposed to be 21,339 square feet or 14% of the net lot area
(35% maximum permitted).
9. The residential building pad is 27,185 square feet. Its pad coverage will be 9,936
square feet, or 36.6%. The paved parking area pad is not improved with any structures.
10. In reviewing the subject development application the Planning Commission must
consider whether the proposed project meets the criteria in the Zoning Ordinance for
approval of a CUP. The applicant's representative states that the development of an
aviary and koi pond as proposed is compatible with similar types of features being built
in the City, except that the aviary is somewhat larger.
11. With the exception of the size of the lot (3.88 acres as opposed to 5 acres) the
project meets all of the City's applicable requirements for aviaries including the
maximum height (will not exceed 16 feet in height), slope (not in an area where slope
exceeds 4:1) and location (not in front yard or rear setback, and not within 25 feet of side
property line and 25 feet from a roadway easement and minimum 35 feet from a
residential structure on the same lot and 100 feet from a residential structure on an
adjoining lot). The proposed aviary will, at the closest point, be 200 feet from a residence
on an adjoining property and 35 feet from the applicant's home.
ZC 873-874
• •
The proposed pad coverage (36.6 sq. ft.) is somewhat higher than the 30% guideline
established by the Planning Commission, but this amount is compatible with the
surrounding community.
12. The applicant will apply for approval from the RHCA Architectural Committee at
a later date.
CONCLUSION
13. The subject proposal has been noticed to the public including surrounding
property owners within 1000 feet of the project, and to date several neighbors have
inquired and were concerned about the potential noise and upkeep of the aviary.
ZONING CASE NO. 874 (CUP -AVIARY)
CODE CRITERIA
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
Side: 20 ft. from property line
Rear: 50 ft. from property line
Structures- CUP req'd for aviary
Aviary setbacks:
From on -site home: 35 '
From nearest off -site home: 100 '
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage -
Residential
(30% maximum -guideline)
Grading
ZC 873-874
EXISTING
Residence, garage, pool
Residence 6,195 sq.ft.
Garage 1,062 sq.ft.
Swim Pool/spa 791 sq.ft.
Stable -future 450 sq.ft.
Service Yard 94 sq.ft.
Att. Porch/house 1,541 sq.ft.
Bbq +Fire place 137 sq.ft.
Gazebo 82 sq.ft.
Mech, vault 110 sq.ft.
Water feature 297 sq.ft.
TOTAL 10,759 sf.
Less exclusions 10,327 sf.
NA
6.8% of 152,378 sq,ft. net lot area
13.5% of 152,378 sq,ft. net lot
area
33.98% of 27,185 sq.ft. pad area
N/A
PROPOSED
Residence, garage, pool,
aviary and koi pond
Residence
Garage
Swim Pool/spa
Stable -future
Service Yard
Att. Porch/house
Bbq +Fire place
Gazebo
Mech. vault
Water feature
Aviary
Koi Pond
TOTAL
Less exclusions
6,195 sq.ft.
1,062 sq.ft.
791 sq.ft.
450 sq.ft.
94 sq.ft.
1,541 sq.ft.
137 sq.ft.
82 sq.ft.
110 sq.ft.
297 sq.ft.
338 sq.ft.
358 sq.ft.
11,752 sf.
11,320 sf
35 ' from on -site home
200' from nearest neighbor
7.4% of 152,378 sq,ft. net lot
area (w/ allowed deductions)
21,339 sq.ft, 14.0% of 152,378
sq,ft. net lot area
36.6% of 27,185 sf. pad area
No grading proposed
Disturbed Area
(40% maximum)
Stable and Corral
Preserve Views
Preserve Plants and Animals
Not available
Future (set -aside 1,000 sq. ft.)
Planning Commission
conditions
Planning Commission
conditions
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
No change - aviary, koi pond
proposed on exist'g dist. area
Future (set -aside 1,000 sq. ft.)
Planning Commission review
Planning Commission review
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is
consistent with the General Plan, compatible with surrounding land use, and meets the
provisions and intent of this title. In making such a determination, the hearing body shall find
that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be materially
detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development
standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
ZC 873-874
• •
gest alRai&f gee4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
ROLLING HILLS ZONING CODE PROVISIONS FOR AVIARIES & ANIMAL
KEEPING:
17.12.010 "A" words, terms and phrases.
"Aviary" means an enclosure or large cage where birds are kept.
17.18.050 Permitted uses and structures with conditional use permit approval.
A. The following animal keeping uses are permitted, provided a conditional use
permit has been approved pursuant to Chapter 17.42 and building code
requirements are met, including issuance of a building permit. These uses may be
permitted only on property with a legally established single-family residence. In
addition to a conditional use permit, a site plan review may be required. The
Planning Commission may impose additional conditions pursuant to Chapter 17.42
of this title.
1. Stable greater than two hundred square feet, subject to Section 17.18.060
2. Aviary greater than two hundred square feet, subject to Section 17.18.070
3. Wildlife rehabilitation facility, subject to Section 17.18.080
4. Corral greater than five hundred fifty square feet, subject to Section 17.18.090
5. Horseback riding ring, subject to Section 17.18.100
17.18.070 Requirements for aviaries requiring conditional use permit.
All aviaries over two hundred square feet shall meet the following requirements:
1. Shall not be located on lots of less than five acres.
2. The roof shall not exceed a peak height of sixteen feet.
3. Shall not be located on a portion of the lot where the slope is greater than 4:1.
4. Shall not be permitted in the front yard or in the rear yard setback, shall be
located no less than twenty-five feet from side property line in the RAS-1 zone,
ZC NO.874 1 „
• •
no less than thirty-five feet from the side property line in the RAS-2 zone and
no less than twenty-five feet from side roadway easement line.
5. Shall be located a minimum of thirty-five feet from any residential structure
including attached garage or a guest house, located on the same lot, and a
minimum of one hundred feet from a residential structure, including attached
garage or a guest house located on adjoining lots.
6. Shall be used for the exclusive purpose of keeping permitted birds and small
animals indigenous to the State of California. Commercial uses shall not be
permitted.
7. Shall be counted towards structural, total, building pad coverage or disturbed
area of the net lot for purposes of Chapter 17.16
8. May be permitted in addition to the construction of a stable and shall not be
counted towards the size of the stable for purposes of this chapter.
RHMC - TITLE 6. ANIMALS
6.40.020 Unsanitary conditions prohibited.
It is unlawful for any person to keep upon any premises any animal or household pets
in a foul, offensive, obnoxious, filthy or unsanitary condition. The Health Officer or
Director of Animal Control may order the premises or animal or household pet to be
cleansed or disinfected. No person who is so ordered shall fail, neglect or refuse to
clean, disinfect, or maintain any such premises or animal or household pet, so as not to
create a hazard to public health.
6.46.010 Barking dogs and other noisy animals.
It is unlawful to keep, maintain, or cause or permit to be kept or maintained upon any
premises in the City, or to permit or allow to be running at large, any dog or other
animal which repeatedly barks, howls, whines, crows, or makes loud or unusual noises
in such a manner as to either disturb the peace and quiet or interfere with the
comfortable enjoyment of property of a person or persons residing in the vicinity of
such premises. Violation of this section shall be a misdemeanor and punishable in
accordance with the provisions of Section 6.04.030 of this title. Every day during which
any person continues to keep or maintain any such animal, shall be a separate violation
of this section.
6.48.010 Keeping contrary to law a nuisance.
Any animal being kept or maintained contrary to the provisions of this title or any
other ordinance of the City or any State statute shall constitute a nuisance and shall be
abated by the Director as provided for by law.
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KEEPING OF BIRDS - OTHER CITIES:
PALOS VERDES ESTATES -
Allowed: in single family residential zone; no lot size restriction. Code is silent
on where and how many of such animals may be kept. However, the 35-foot
distance to any residence requirement of the State Health Code would be
applied.
Type Permitted: Domestic birds, such as Canaries, Finches, Mynah birds, Parrots,
Parakeets or other exotic birds not prohibited from keeping by federal or state
law.
Conditions: It is unlawful to keep any animal which disturbs, by any repeated or
sustained act, sound, cry, or odor the peace and comfort of any neighborhood.
Any animal....that barks, whines or howls in a continuous or sustained fashion
shall be considered a public nuisance.
ROLLING HILLS ESTATES
Permitted: Up to 24 Very Small Animals (birds, hamsters, chipmunks, guinea
pigs and similar household birds) may be kept in Agricultural Zoning Districts
(lot size varies from 10,000 sq.ft. to greater than 20,000 sq.ft.). More than 24 very
small animals maybe permitted with a special use permit approved by the
planning commission.
Development Standards:
a) Thirty-five feet from any dwelling unit
b) 500 sq.ft. max size and 16' high max
c) Must meet setback requirements
d) All animal -keeping areas shall be maintained in a clean and sanitary
condition. Surface water, solid waste and manure shall not be
permitted to accumulate.
RANCHO PALOS VERDES
RPV zoning code is silent on aviaries. They would likely consider them an
accessory structure, which means that it would have to meet setbacks and be
limited to 12 feet in height.
The 35-foot distance to any residence of the State Health Code requirement
would be applied
Other provisions relating to any animals:
is
• •
6.04.060 - Disturbing the peace prohibited.
A. No person shall permit any animal that is kept or maintained upon
premises owned, occupied, or controlled by such person to emit any persistent
sound, cry, or other noise which disturbs the peace, quiet, and comfort of any
residential neighborhood.
B. For the purpose of this section, "persistent sound, cry, or other noise"
means any sound, cry, or other noise which is of such a magnitude as to be
obnoxious to a person of reasonable sensitivities.
RIVERSIDE
Definition:
kept.
Permitted:
Zones
Any place where more than 15 domestic or non -domestic birds are
The keeping of birds/aviaries is permitted in one of the Residential
Development standards:
Maximum size 750 square feet.
No minimum lot sizes for aviaries.
There are no limits on the number of birds or type.
Maintenance of Premises:
The premises where animals are kept shall be maintained in a clean, neat and
sanitary condition at all times to ensure the public health, safety, comfort,
convenience and general welfare pursuant to Title 6 and all other County and
State regulations.
HIDDEN HILLS
No specific requirements for aviaries. (According to the planner, he has never
received an inquiry for an aviary)
Aviaries would be allowed in the residential zones as accessory structures. They
cannot be in a setbacks; there are no size restrictions, no bird type restriction. The
35-foot distance to any residence of the State Health Code requirement would be
applied.
1
S
lei alRa q�
TO:
FROM:
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
NOTICE PUBLISHED:
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No: 9A
Mtg. Date: 3/17/ 2015
HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
ZONING CASE NO. 873 - Zoning Ordinance Text Amendment;
ZONING CASE NO. 874 - CUP
20 Outrider Road (Lot 78-EF)
RA-S-1
JOHN RICH
GREG GEORGE, STUDIO GWG
MARCH 5, 2015
ZONING CASE 873 - ZONING ORDINANCE AMENDMENT (AVIARIES)
REQUEST AND RECOMMENDATION
1. A request to amend the zoning regulations in the Municipal Code that apply to the
development of aviaries in Rolling Hills (Zoning Case 873) has been filed by John Rich,
property owner of 20 Outrider Road concurrent with a Conditional Use Permit (Zoning Case
874).
It is recommended that the Planning Commission review the staff report, open the
public hearing, accept public testimony and schedule a field trip to the site concurrent
with the related Zoning Ordinance Amendment.
BACKGROUND
2. Under the current zoning code (RHMC 17.18.070) aviaries that exceed 200 square feet
require approval of a Conditional Use Permit and are subject to a number of criteria or
requirements. The first criterion is that a minimum lot size of five acres is required if the
aviary is to be larger than 200 square feet. The applicant proposes to construct a 338 square
foot aviary on his property that is 3.88 acres in size, which is 1.12 acres less than the minimum
required lot area. The applicant requests no other changes in the code other than the minimum
site requirement for aviaries that exceed 200 square feet.
ZC NO. 874
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OPTIONS
3. The applicant is not eligible to apply for a Variance from the existing aviary standards
instead of a Zoning Ordinance Text Amendment because the requirement for a minimum of
five acres in effect defines an allowed use on residential properties, the use being bird keeping
in large aviaries. Under state planning law, cities do not have the authority to grant a use
variance.
Procedurally, code amendments are brought before the Planning Commission, which after
conducting a public hearing will make a recommendation to the City Council in the form of a
Resolution. The City Council will conduct a public hearing to consider the Planning
Commission's recommendation and if the Council decides to change the code, adopts an
Ordinance that becomes effective 30 days after final action by the Council.
In terms of changing the aviary code, the Planning Commission, subject to public input, has
two basic options in making a recommendation to the City Council: 1) make no change, which
would require that the applicant downsize his aviary by 138 square feet, or 2) change the
minimum requirement for allowing over 200 square foot aviary from 5 acres to a smaller lot
size. A change to a minimum of 3.5 acres or less would enable the applicant to develop his
proposal subject to approval of a CUP.
CONCLUSION
4. Mr. John Rich has requested that the existing regulations for aviaries on properties
throughout the City be expanded to allow larger aviaries (greater than 200 square feet) to be
permitted on lots smaller than 5 acres, subject to a Conditional Use Permit. This request is
submitted concurrent with an application for a CUP for a 338 square foot aviary.
ZONING CASE 874 - CUP FOR AVIARY
REQUEST AND RECOMMENDATION
1. The applicant, Mr. John Rich, requests a Conditional Use Permit to construct a
338.37 square foot aviary and adjoining 358.4 square foot koi pond on his property
which is 3.88 acres in size. The subject property is zoned RA-S-1 (Residential Suburban
Agricultural - 1 acre minimum lot size) and is located at 20 Outrider Road. The
proposed aviary and koi pond are to be located within the main outdoor living area on
the primary building pad, next to the existing pool. The proposed aviary is subject to a
Conditional Use Permit (CUP) because it exceeds 200 square feet (RHMC 17.17.050).
2. Under the current applicable zoning regulations, aviaries greater than 200 square
feet in area are prohibited on lots that are less than five acres in size. The applicant
accordingly has also filed an application for a Zoning Ordinance Text Amendment to
change the lot size requirement throughout the City so that aviaries larger than 200
ZC 873-874
s •
square feet would be allowed on lots smaller than five acres, still with a requirement for
a Conditional Use Permit.
It is recommended that the Planning Commission review the staff report, open the
public hearing, accept public testimony and schedule a field trip to the site concurrent
with the related Zoning Ordinance Amendment.
BACKGROUND
3. The subject property is zoned RAS-1 and has a gross lot area of 3.88 acres
(excluding the roadway easement). The property is comprised of two lots that were
combined in 1989 to form a single parcel (Zoning Case 382). The net lot area, as
calculated for development purposes, is 152,378 square feet (3.49 acres). The lot is
located along the Outrider Road cul-de-sac and has a narrow and irregular roadway
easement frontage. The rear of the property to the east is comprised of a steep slope
area that borders the City of Rancho Palos Verdes.
4. The subject property is currently developed with two development pads. On the
residential pad there is a 6,195 square foot residence, 1,062 square foot garage, 1,541
square feet of attached porches, 720 square foot swimming pool/spa, and accessory
structures including an 82 square foot gazebo, 110 square foot barbeque, 110 square foot
mechanical equipment vault, 94 square foot service yard and 27 square foot fireplace.
On a second pad there is a large paved rectangular area that was denied for use as a
sport court in 1993 but was subsequently approved as a parking area (respectively
Zoning Cases 496 and 508). One thousand square feet on the lot is set aside for a future
stable and corral.
No grading is proposed with this project. The area where the koi pond and aviary are
to be located is already graded and improved as a putting green, and is suitable for the
proposed structures.
MUNICIPAL CODE COMPLIANCE
5. Aviaries larger than 200 square feet are currently permitted subject to a CUP, on
sites minimally 5 acres in area. Approval of the aviary CUP is subject to approval of the
concurrently filed Code Amendment.
6. The net lot area of the lot is 152,378 square feet. The structural lot coverage is
proposed to be 11,320 square feet or 7.4% of the net lot area (20% maximum permitted).
Total lot coverage, including structures, driveways, and all other paved areas, with
permitted exclusions, is proposed to be 21,339 square feet or 14% of the net lot area
(35% maximum permitted).
7. The residential building pad is 27,185 square feet. Its pad coverage will be 9,936.15
square feet, or 36.55%. The paved parkin .rea pad is not improved with any structures.
ZC 873-874
•
8. In reviewing the subject development application the Planning Commission must
consider whether the proposed project meets the criteria in the Zoning Ordinance for
approval of a CUP. The applicant's representative states that the development of an
aviary and koi pond as proposed is compatible with similar types of features being built
in the City, except that the aviary is somewhat larger.
With the exception of the size of the lot (3.88 acres as opposed to 5 acres) the project meets
all of the City's applicable requirements for aviaries including the maximum height (will
not exceed 16 feet in height), slope (not in an area where slope exceeds 4:1) and location
(not in front yard or rear setback, and not within 25 feet of side property line and 25 feet
from a roadway easement and minimum 35 feet from a residential structure on the same
lot and 100 feet from a residential structure on an adjoining lot). The proposed aviary
will, at the closest point, be 200 feet from a residence on an adjoining property and 35 feet
from the applicant's home.
The proposed pad coverage (36.55 sq. ft.) is somewhat higher than the 30% guideline
established by the Planning Commission, but this amount is compatible with the
surrounding community.
9. The applicant will apply for approval from the RHCA Architectural Committee at
a later date.
CONCLUSION
10. Other than the minimum lot area required, the proposed aviary meets all zoning
criteria and requirements. The subject proposal has been noticed to the public including
surrounding property owners within 1000 feet of the project, and to date no comments
have been received by staff.
ZONING CASE NO. 874 (CUP -AVIARY)
CODE CRITERIA
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
Side: 20 ft. from property line
Rear: 50 ft. from property line
Structures- CUP req'd for aviary
ZC 873-874
EXISTING
Residence, garage, pool
Residence
Garage
Swim Pool/spa
Stable -future
Service Yard
Att. Porch/house
Bbq +Fire place
Gazebo
6,195 sq.ft.
1,062 sq.ft.
791 sq.ft.
450 sq.ft.
94 sq.ft.
1,541 sq.ft.
137 sq.ft.
82 sq.ft.
PROPOSED
Residence, garage, pool,
aviary and koi pond
Residence
Garage
Swim Pool/spa
Stable -future
Service Yard
Att. Porch/house
Bbq +Fire place
Gazebo
6,195 sq.ft.
1,062 sq.ft.
791 sq.ft.
450 sq.ft.
94 sq.ft.
1,541 sq.ft.
137 sq.ft.
82 sq.ft.
•
•
Aviary setbacks:
From on -site home: 35 '
From nearest off -site home: 100 '
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage -
Residential
(30% maximum -guideline)
Grading
Disturbed Area
(40% maximum)
Stable and Corral
Preserve Views
Preserve Plants and Animals
Mech, vault 110 sq.ft.
Water feature 297 sq.ft.
TOTAL 10,759 sf.
Less exclusions 10,327 sf.
NA
6.8% of 152,378 sq,ft. net lot area
13.5% of 152,378 sq,ft. net lot
area
33.98% of 27,185 sq.ft. pad area
II N/A
Not available
II Future (set -aside 1,000 sq. ft.)
Planning Commission
conditions
Planning Commission
conditions
Mech. vault
Water feature
Aviary
Koi Pond
TOTAL
Less exclusions
110 sq.ft.
297 sq.ft.
338 sq.ft.
358 sa.ft.
11,752 sf.
11,320 sf
35 ' from on -site home
200 ' from nearest neighbor
7.4% of 152,378 sq,ft. net lot
area (w/allowed deductions)
21,339 sq.ft, 14.0% of 152,378
sq,ft. net lot area
36.55% of 27,185 sf. pad area
No grading proposed
No change - aviary, koi pond
proposed on exist'g dist. area
Future (set -aside 1,000 sq. ft.)
Planning Commission review
Planning Commission review
• :.
ROLLING HILLS ZONING CODE PROVISIONS FOR AVIARIES:
17.12.010 "A" words, terms and phrases.
"Aviary" means an enclosure or large cage where birds are kept.
17.18.050 Permitted uses and structures with conditional use permit approval.
A. The following animal keeping uses are permitted, provided a conditional use
permit has been approved pursuant to Chapter 17.42 and building code
requirements are met, including issuance of a building permit. These uses may be
permitted only on property with a legally established single-family residence. In
addition to a conditional use permit, a site plan review may be required. The
ZC 873-874
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Planning Commission may impose additional conditions pursuant to Chapter 17.42
of this title.
1. Stable greater than two hundred square feet, subject to Section 17.18.060
2. Aviary greater than two hundred square feet, subject to Section 17.18.070
3. Wildlife rehabilitation facility, subject to Section 17.18.080
4. Corral greater than five hundred fifty square feet, subject to Section 17.18.090
5. Horseback riding ring, subject to Section 17.18.100
17.18.070 Requirements for aviaries requiring conditional use permit.
All aviaries over two hundred square feet shall meet the following requirements:
1. Shall not be located on lots of less than five acres.
2. The roof shall not exceed a peak height of sixteen feet.
3. Shall not be located on a portion of the lot where the slope is greater than 4:1.
4. Shall not be permitted in the front yard or in the rear yard setback, shall be
located no less than twenty-five feet from side property line in the RAS-1 zone,
no less than thirty-five feet from the side property line in the RAS-2 zone and
no less than twenty-five feet from side roadway easement line.
5. Shall be located a minimum of thirty-five feet from any residential structure
including attached garage or a guest house, located on the same lot, and a
minimum of one hundred feet from a residential structure, including attached
garage or a guest house located on adjoining lots.
6. Shall be used for the exclusive purpose of keeping permitted birds and small
animals indigenous to the State of California. Commercial uses shall not be
permitted.
7. Shall be counted towards structural, total, building pad coverage or disturbed
area of the net lot for purposes of Chapter 17.16
8. May be permitted in addition to the construction of a stable and shall not be
counted towards the size of the stable for purposes of this chapter.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC 873-874
•
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use permit
application, may impose conditions as are reasonably necessary to ensure the project is
consistent with the General Plan, compatible with surrounding land use, and meets the
provisions and intent of this title. In making such a determination, the hearing body shall find
that the proposed use is in general accord with the following principles and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be materially
detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape to
accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable development
standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities;
F. That the proposed conditional use observes the spirit and intent of this title.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC 873-874