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2015-13RESOLUTION NO. 2015-13. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRAN'11NG A CONDITIONAL USE PERMIT TO CONSTRUCT AN AVIARY AT 20 OUTRIDER ROAD, ROLLING HILLS, CA (LOT 78 -EF) IN ZONING CASE NO. 874, IN CONJUNCTION WITH APPROVAL OF A ZONING TEXT AMENDMENT NO. 2015-01 TO ALLOW AVIARIES ON LOTS THAT ARE LESS THAN 5 ACRES IN SIZE, (RICH). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. John Rich with respect to real property located at 20 Outrider Road, (Lot 78 -EF), Rolling Hills, CA requesting a Conditional Use Permit to construct a 338 square foot aviary on a lot containing 3.88 acres. Section 2. Under the current zoning code (RHMC 17.18.070) aviaries that exceed 200 square feet require approval of a Conditional Use Permit and are subject to a number of criteria or requirements. The first criterion is that a minimum lot size of five acres is required if the aviary is to be larger than 200 square feet. The applicant proposes to construct a 338 square foot aviary on his property that is 3.88 acres in size, (excluding roadway eaement), which is 1.12 acres less than the minimum required lot area. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a regular Plannig Commission meetings on March 17 and April 21, 2015 and at a field trip to the property on March 17, 2015. The applicant and his agent were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal including members of the public and City staff. The Planning Commission reviewed, analyzed and studied said proposal. The applicant's reparesentative was in attendance at the hearings. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Section 17.18.070 of the Rolling Hills Municipal Code permits approval of avairies under certain conditions, provided the Planning Commission approves a Conditional Use Permit. The applicant is requesting to construct a 338 square foot aviary on an existing pool building pad. The propsoed aviary meets all of the criteria, except for the size of the lot. A Zoning Code Amendment has been recommended for approval to the City Council to allow avieries larger than 200 Reso. 2015-13 1 20 Outrider Rd. square feet on lots having no less than 3.5 acres in size, (excluding only the roadway easement). With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the aviary would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar uses in the community, and the area proposed for the aviary would be located in an area on the property where such use will not change the existing configuration of structures on the lot. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the avairy will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed structure will be located in a an area already occupied by outdoor amenities on a separate building pad with the pool and will promote pad integration. The proposed aviary is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the aviary will comply with the low profile residential development pattern of the community. The height of the aviary will be at 16 feet maximum from the finished floor and it will be enclosed by a mesh screening rather solid walls. D. The proposed conditional use complies with all applicable development standards of the zone district because the 338 square foot size of the aviary is mimimal in size. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because an adequate area is set-aside for the construction of a future stable structure, adjacent corral and access. Section b. Based upon the foregoing findings, the Planning Commission hereby approves the Conditional Use Permit in Zoning Case No. 874 to construct a 338 square foot aviary, subject to the following conditions: A. The Conditional Use Permit approval shall expire within two years from the effective date of approval if construction pursuant to this approval has not Reso. 2015-13 2 20 Outrider Rd. commenced within that time period, as required by Section 17.42.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of that section. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated February 20, 2015, except as otherwise provided in these conditions. E. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. F. There shall be no grading or additional disturbance of the lot for this project. G. Structural lot coverage shall not exceed 11,320 square feet or 7.4%. H. Total lot coverage of structures and paved areas shall not exceed 21,339 square feet or 14.0% in conformance with lot coverage limitations. I. Residential building pad coverage on the 27,185 square foot residential building pad, on which the aviary would be located, shall not exceed 36.6 %. J. Prior to issuance of a building permit for the aviary, the sports court surface delineation shallbe 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 offer 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 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+] TV9 19th IPA,,y, OF MAY, 2015. eCHELF, 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, (RICK. 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. FA : 6.1 Do o 01 0 relm ABSTAIN: None. and in compliance with the laws of California was posted at the following. Administrative Offices *A vacancy exists on the Planning Commission. Reso. 2015-13 b 20 Outrider Rd.