874, Construct a 338 sq ft aviary, Correspondence•
City ol Rolling iclitio
June 23, 2015
Mr. John Rich
20 Outrider Road
Rolling Hills, CA 90274
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
ZONING CASE NO. 873 & 874, Zoning Code Amendment and CUP
Dear Mr. Rich:
This letter shall serve to notify you that the City Council at their regular meeting on
June 22, 2015 adopted a Zoning Code Amendment allowing aviaries over 200 square
feet to be located on lots of 3.5 acres or greater. Pursuant to State law, this action
becomes effective 30-days after approval.
At the previous City Council meeting, Council members upheld the Planning
Commission's decision to approve your request to construct a 338 square foot aviary.
Before the construction case takes effect you are required to record an Affidavit of
Acceptance Form together with the subject Resolution in the Office of the County
Recorder.
Please read the conditions of approval, as some must be met prior to issuance of a
permit. In addition, the conditions of approval must be placed onto the cover sheet of
the plans submitted for Building Department review.
I am enclosing a copy of RESOLUTION NO. 2015-13 specifying the conditions of
approval set forth by the Planning Commission and the approved Development Plan
to keep for your files. Make a copy of the Resolution for your files. Please complete
the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized,
and forward, (or hand deliver), the completed form and a copy of the Resolution to:
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
(562) 462-2125
OR
LAX Courthouse
11701 S. La Cienega Blvd. 6th Floor
Printed on Recycled Paper
Los Angeles, CA 90045
310-727-6142
Please confirm the cost of recordation with the County Clerks Office, as their fees
change frequently.
The preparer of the construction plans will be required to sign an affidavit stating
that the plans submitted to the Building Department for review are the same as those
approved by the City; and further, prior to obtaining a grading/building permit you
and/or your agent will be required to sign an affidavit stating that the structure will
be constructed according to the approved plans. I will provide you the certification
forms prior to your submittal of the plans to the Building Department. Any deviation
from the approved plans and conditions of approval must be brought to City's
attention for review prior to it being implemented by the contractor.
Please call me at (310) 377-1521 if you have any questions.
Sinc rely,
YQYlanta gc wartz
P nning Director
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM
RESOLUTION NO. 2015-13
DEVELOPMENT PLAN
cc: Studio GWG (w/o attachments)
RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
1111
v‘ 5 5.\cr-
pLc„,r_
cv1/4
oiN RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
ZONING CASE NO. 874
XX CONDITIONAL USE PERMIT (SEE EXHIBIT A- ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
20 OUTRIDER ROAD, ROLLING HILLS, CA 90274 (LOT 78-EF)
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 874
XX CONDITIONAL USE PERMIT
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature
Name typed or printed
Address
City/State
Signature
Name typed or printed
Address
City/State
Signatures must be acknowledged by a notary public.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF
COUNTY OF
On . before me, , a Notary
Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Name of Notary:
Date Commission Expires
Commission No.
RESOLUTION NO. 2015-13.
.4r •
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 sq4are foot aviary on a lot containing 3.88
acres.
Section 2. Under the current zoning code (RHMC 17.18.070) aviaries that
exceed 200 square feet require approval of a Conditional Use Permit and are subject
to a number of criteria or requirements. The first criterion is that a minimum lot size
of five acres is required if the aviary is to be larger than 200 square feet. The
applicant proposes to construct a 338 square foot aviary on his property that is 3.88
acres in size, (excluding roadway eaement), which is 1.12 acres less than the
minimum required lot area.
Section 3. The Planning Commission conducted duly noticed public
hearings to consider the application at a regular Plannig Commission meetings on
March 17 and April 21, 2015 and at a field trip to the property on March 17, 2015.
The applicant and his agent were notified of the public hearings in writing by first
class mail. Evidence was heard and presented from all persons interested in
affecting said proposal including members of the public and City staff. The Planning
Commission reviewed, analyzed and studied said proposal. The applicant's
reparesentative was in attendance at the hearings.
Section 4. The Planning Commission finds that the project is categorically
exempt from environmental review under the California Environmental Quality
Act.
Section 5. Section 17.18.070 of the Rolling Hills Municipal Code permits
approval of avairies under certain conditions, provided the Planning Commission
approves a Conditional Use Permit. The applicant is requesting to construct a 338
square foot aviary on an existing pool building pad. The propsoed aviary meets all
of the criteria, except for the size of the lot. A Zoning Code Amendment has been
recommended for approval to the City Council to allow avieries larger than 200
Reso. 2015-13 1
20 Outrider Rd.
square feet on lots having no less than 3.5 acres in size, (excluding only the roadway
easement). With respect to this request for a Conditional Use Permit, the Planning
Commission finds as follows:
A. The granting of a Conditional Use Permit for the aviary would be
consistent with the purposes and objectives of the Zoning Ordinance and General
Plan and will be desirable for the public convenience and welfare because the use is
consistent with similar uses in the community, and the area proposed for the aviary
would be located in an area on the property where such use will not change the
existing configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the avairy will not adversely affect or be
materially detrimental to these adjacent uses, buildings, or structures because the
proposed structure will be located in a an area already occupied by outdoor
amenities on a separate building pad with the pool and will promote pad
integration. The proposed aviary is of sufficient distance from nearby residences so
that it will not impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the aviary will comply with the low
profile residential development pattern of the community. The height of the aviary
will be at 16 feet maximum from the finished floor and it will be enclosed by a mesh
screening rather solid walls.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 338 square foot size of the
aviary is mimimal in size.
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting and siting
criteria for hazardous waste facilities because the project site is not listed on the
current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17
of the Zoning Code because an adequate area is set -aside for the construction of a
future stable structure, adjacent corral and access.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Conditional Use Permit in Zoning Case No. 874 to construct a
338 square foot aviary, subject to the following conditions:
A. The Conditional Use Permit approval shall expire within two years
from the effective date of approval if construction pursuant to this approval has not
Reso. 2015-13 2
20 Outrider Rd.
commenced within that time period, as required by Section 17.42.070(A) of the
Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of that section.
B. It is declared and made a condition of the approval, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder shall lapse; provided that the City has given the applicants
written notice to cease such violation, the opportunity for a hearing has been
provided, and if requested, has been held, and thereafter the applicant fails to
correct the violation within a period of thirty (30) days from the date of the City's
determination.
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated February 20, 2015, except as otherwise provided in
these conditions.
E. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
approved with this application.
F. There shall be no grading or additional disturbance of the lot for this
project.
G. Structural lot coverage shall not exceed 11,320 square feet or 7.4%.
H. Total lot coverage of structures and paved areas shall not exceed
21,339 square feet or 14.0% in conformance with lot coverage limitations.
1. 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.
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 et aside on the
property and shall remain.
M. The aviary shall be kept in good sanitary condtiion zTnd 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.
site.
P. During and after construction, all parking shall take place on the project
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 4
20 Outrider Rd.
V. This approval shall be void, unless the City council adopts an
Ordinance allowing avieries larger than 200 square feet on lots having at a
minimum 3.5 acres in size.
X. Until the applicants execute an Affidavit of Acceptance of all
conditions of this approval, the approvals shall not be effective.
Y. All conditions of the Conditional Use approval, that apply, shall be
complied with prior to the issuance of building permit.
PASSED, APPROVED AND ADOPT A OF MAY, 2015.
CHELF, CHAI AN
ATTEST:
Uchgto
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
Reso. 2015-13 5
20 Outrider Rd.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2015-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT
TO CONSTRUCT AN AVIARY AT 20 OUTRIDER ROAD, ROLLING
HILLS, CA (LOT 78-EF) IN ZONING CASE NO. 874, IN
CONJUNCTION WITH APPROVAL OF A ZONING TEXT
AMENDMENT NO. 2015-01 TO ALLOW AVIARIES ON LOTS THAT
ARE LESS THAN 5 ACRES IN SIZE, (RICH).
was approved and adopted at a regular meeting of the Planning Commission on
May 19, 2015 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.*
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
cil-tata)
CITY CLERK
*A vacancy exists on the Planning Commission.
Reso. 2015-13 6
20 Outrider Rd.
•
Rich Residence
PROJECT ADDRESS
20 Outrider
Rolling Hills, Ca
• FINAL SUBMITTAL
FEBRUARY 20, 2015
RONALD HALE, Engineer
1441 W. 7th Street
San Pedro CA 90732
310-833-2129
• Studio GWG
.p: 310/686.5202 318 Avenue I, #154
310/833A102 Redondo Beach, Ca. 90277
RECEIVED
FEB 2 132015
city r,f RnIling Hills
By GENERAL CONDITIONS
SURVEY INFORMATION
Site Plan Ll
City
May 26, 2015
Mr. John Rich
20 Outrider Road
Rolling Hills, CA 90274
0ile0i/1.9 JJA
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310)377-1521
FAX: (310)377-7288
SUBJECT: ZONING CASE NO. 873 & 874 Zoning Code Amendment, CUP
& Site Plan Review
Dear Mr. Rich:
This letter shall serve to notify you that the Planning Commission adopted two
resolutions on May 19, 2015, granting requests in Zoning Cases No. 873 & 874.
That action accompanied by the record of the proceedings before the
Commission will be reported to the City Council on Monday, Tune 8, 2015,
beginning at 7:30 PM. The CUP and SPR for the construction of the aviary will
be presented as a report item; however the Zoning Code amendment, which if
adopted would allow you to construct the aviary, will be set for a public hearing
before the City Council. Per State Law, two hearings before the City Council
must be held. You or your representative must be present to answer any
questions the Council may have.
Normally, the Planning Commission's decision in the matter of the construction
becomes effective thirty days after the adoption of the resolution by the
Commission, unless an appeal has been filed within that thirty (30) day appeal
period or the City Council takes the case under their jurisdiction. However, in
this case, the matter is not effective until the Zoning Code is amended. Anyone,
including the applicant may appeal Planning Commission's decision within the
30-days appeal period. Should there be an appeal, the Commission's decision
will be stayed until the Council completes its proceedings in accordance with the
provisions of the Municipal Code.
Please submit 7 copies of the plans, same as for the Planning Commission
meetings, by June 2, 2015 for submission to the City Council.
A copy of the resolution was provided to you before. Please familiarize yourself
with the conditions of approval for the aviary.
If no appeals are filed within the specified time frame, including City Council,
the Planning Commission's action will become final and you will be required to
cause to be recorded an Affidavit of Acceptance Form together with the subject
Resolution for construction in the Office of the County Recorder before the
Printed on Recycled Paper
Commission's action takes effect. Instructions for recordation will be forwarded
to you after the Council's decision and adoption of an ordinance amending the
Zoning Code to allow aviaries that exceed 200 square feet on lots 3.5 acres in size
or larger.
Feel free to call me at (310) 377-1521 if you have any questions regarding this
matter.
e ely
lanta S hwartz
S-Sts()2/
lanning Director
cc: Greg George, Studio GWG
• 111
City ol Rolling _Alio
_
March 19, 2015
Mr. John Rich
20 Outrider Road
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
SUBJECT: ZONING CASE NO. 873 & 874
Dear Mr. Rich:
The Planning Commission scheduled a field visit to your property to view the project on
Tuesday, April 21, 2015 at 7:30 am.
Your neighbors will be notified of this meeting. You and/or your representative must be
present to answer any questions the Commission may have.
The staff report for this project will be available at City Hall after 3:00 PM on Friday,
April 17. We will mail the report to you and your representative.
The site must be prepared according to the enclosed Silhouette Construction
Guidelines and the following requirements and the silhouette must be erected at
least a week prior to the meeting.
A full-size silhouette in conformance with the attached
guidelines must be prepared for the structure of the
project showing the footprint, walls, ridgelines and
height;
• Delineate with a tape the location of the set aside area
for a future stable and corral and access thereto
Please be advised that inaccurate staking could delay
the review of the project.
After the field trip, the next regular meeting of the Planning Commission will take place on
Tuesday, April 21, at 6:30 PM at City Hall, at which time the Commission will further discuss
your project.
Should you have any questions, please call me at (310) 377-1521.
S.
Yol ta Schwartz
Planning Director
cc: Studio GWG
Printed on Recycled Paper
&t Ral&a, qeek
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
SILHOUETTE CONSTRUCTION GUIDELINES
A silhouette of proposed construction must be erected the week preceding the designated
Planning Commission or City Council meeting/field trip.
Silhouettes should be constructed with 2" x 4" lumber. Printed boards are not acceptable.
Bracing should be provided.
Lumber, wire or other suitable material should be used to delineate roof ridges and eaves.
Flags in close proximity to each other must be attached to the wire or twine to aid in the
visualization of the proposed construction.
Property lines, setback lines and easement lines must be staked along the areas of
construction. 2 1/2 - 3' high wooden stakes must be used to delineate the lines. Such stakes
must be flagged and marked on their sides:
• Property line ( red or pink flag)
• Setback line (green flag)
• Easement line (yellow flag)
and remain in the ground throughout the entire review and approval process as well as
during the entire construction process, when required by the Commission.
The application may be delayed if inaccurate or incomplete silhouettes are constructed.
If you have any further questions contact the Planning Department Staff at (310) 377-1521.
SECTION PLAN
Public:PLANNING MASTERS:City of Rolling Hills Silhouette Guidelines.doc
- -
John Rich
20 Outrider
Rolling Hills, CA
City Of Rolling Hills
2 Portugese Bend Road
Rolling Hills, Ca. 90274
RE: Koi Pond and Aviary Development.
Dear Ms. Schwartz:
15-.-zoty
I am interested in developing an Aviary and Koi Pond at my property located at 20
Outrider Road.
This letter is to serve as my request to apply for a zone change, a Conditional Use
Permit and a modification of the planning code to allow me to construct an Aviary larger than the
allowed 200 square feet for properties less than five acres. I meet all the setback requirements
except that my property is 3.49 acres.
Additionally, I understand that I have to apply for a Variance and a Site Plan Review to
allow me to build the Koi Pond, since my existing pool and fountains total 800 square feet.
We will be submitting plans and applications in the next few weeks.
Sincerely,
o n ic