2015-12RESOLUTION 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.
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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
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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 Iots of less than 3.5 acres, as measured by excluding
roadway easements.
PASSED, APPROVED ANZMEL'N Y OF MAY 2015.
CH
ATTEST:
* J. -a
HEIDI LUCE, (f1'TY 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: 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
M
CITY CLERK —
"A vacancy exists on the Planning Commission.
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