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343ORDINANCE 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 Iots 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. 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 Ordinance No. 343 -Aviaries 1 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 22nd day of June, 2015. r A DTE rR MAYOR PRO TEM ATTEST: L�1 HEIDI LUCE CITY CLERK Ordinance No. 313 -Aviaries 2 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 HULLS 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: Councilmembers Black, Mirsch, Wilson and Mayor Pro Tem Dieringer. NOES: None. ABSENT: Mayor Pieper. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. 76,0wili! rt.... Ordinance No. 343 -Aviaries 3