Title 17 — ZONING[1]

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Title 17 - ZONING[[1]]

Chapters:

Footnotes:

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Prior ordinance history: Ords. 33, U-36, U-38, 52, 82, 112, 126, 129, 146, 150, 155, 169, 170, 176, 181, 182, 183, 187, 188, 192, 201, 203, 204, 207, 211, 213, 215, 216, 221, 227, 229 and 230.

Chapter 17.04 - GENERAL PROVISIONS

Sections:

This title of the City of Rolling Hills Municipal Code may be cited as the "Zoning Ordinance of the City of Rolling Hills."

(Ord. 239 §11(part), 1993).

17.04.020 - Purpose and authority.

A.

Purpose. This title is adopted and established in order to provide the economic and social advantages resulting from an orderly and planned use of land resources; to conserve and promote the public interest, health, comfort, and convenience of the City and its inhabitants; and to preserve the public peace, safety, morals, order and general welfare of the City and its inhabitants.

The purpose of this title is to serve the public health, safety, convenience, and general welfare of the citizens of Rolling Hills by establishing rules and requirements for development in the City; to obtain the physical, environmental and social advantages resulting from planned use of land in accordance with the General Plan of the City of Rolling Hills; and to ensure that the growth and development of the City of Rolling Hills will be orderly, attractive and shall protect and enhance the rural character and natural topographic features of the community.

B.

Authority. This title is adopted pursuant to the provisions of Section 7 of Article XI of the California Constitution and the California Planning and Zoning Law (Title 7, Division 1, Chapter 4 (Sections 6580065912 of the California Government Code)).

(Ord. 239 §11(part), 1993).

The City declares that in the creation of the respective zones and other regulations set forth herein, the City Council has given due and special consideration to the unique suitability of each and every such zone and regulation established for the particular uses for which they are enumerated, the conservation of property values, and the most appropriate use of land throughout the City, in the adjacent incorporated cities, and in the unincorporated area of the County of Los Angeles.

(Ord. 239 §11(part), 1993).

A.

Minimum Requirements. For the purposes of interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. This article is not intended to interfere with or abrogate or annul any easement, covenant, restriction, or other agreement between parties, except as provided in Section 17.04.040(B).

B.

Zoning Ordinance Controls Other Regulations. When this title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, easements, covenants or agreements, the provisions of this title shall control.

(Ord. 239 §11(part), 1993).

Any violation of this title, or of any condition of any permit, approval or other entitlement granted under this title, shall constitute a misdemeanor which, upon conviction, shall be punishable by a fine of no more than one thousand dollars, by imprisonment in the County jail for a term no longer than six months, or by both such fine and imprisonment. Each separate day, or portion thereof, during which any violation of this title occurs or continues to occur shall constitute a separate offense which, upon conviction, shall be punishable as provided in this section. A violation of this title shall constitute a public nuisance.

(Ord. 239 §11(part), 1993).

Provisions of this title shall not bar any other legal, equitable or summary remedies to which the City, or any person, firm or corporation may otherwise assert, including, but not limited to, declaratory or injunctive relief.

(Ord. 239 §11(part), 1993).

Provisions of this title are declared to be severable. If any provision, clause, sentence, section or any part thereof is held to be unconstitutional, invalid or inapplicable to any person or circumstance by a court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect or impair any of the remaining provisions, sentences, sections or parts thereof of this title or their applicability to other persons or circumstances.

(Ord. 239 §11(part), 1993).

Chapter 17.08 - ESTABLISHMENT OF ZONES AND BOUNDARIES

Sections:

Rolling Hills is a unique, well-established residential community. Development consists almost exclusively of single-family residential houses on large lots. The General Plan of the City of Rolling Hills establishes a policy to maintain the existing pattern and type of residential development, with support public facility uses. Toward the end of implementing General Plan land use policy, zone districts are established as follows:

A.

RA-S Residential Agriculture-Suburban. The RA-S zone district is divided into two sub-districts: RA-S-1 and RA-S-2. The suffix indicates the minimum lot size requirement in net acres.

1.

The Overlay Zoning District (OZD-1) overlies a portion of the RA-S-1 zone and is identified on the zoning map.

2.

The Rancho Del Mar Housing Opportunity Overlay Zoning District (RDMO) overlies a portion of the RA-S-2 zone and is identified on the zoning map.

B.

PF Public Facilities.

(Ord. 239 §11(part), 1993).

(Ord. No. 326, § 9(Exh. A, Pt. IV.4), 4-23-2012; Ord. No. 369, § 1, 2-22-2021)

The location and boundaries of the various zones are shown and delineated on the "Zoning Map of the City of Rolling Hills," which is incorporated herein by reference and is codified by this title.

(Ord. 239 §11(part), 1993).

Changes in the boundaries of zones shall be made by adopting a new map or amending the existing map by ordinance. Such maps, when adopted, shall be published in the manner prescribed by law and shall become a part of this title.

(Ord. 239 §11(part), 1993).

Where uncertainty exists as to the boundaries of any zone shown upon the zoning map, the following rules shall apply:

A.

Where zone boundaries are indicated as approximately following lot lines, such lines shall be construed to be the boundary except in the case of a street, in which case the center line of the street shall be the boundary.

B.

Where zone boundary lines cross through lots or unsubdivided parcels and when no dimensions are given, the location of the zone boundary shall be determined by using the scale of the map.

C.

Where any public or private street, road, easement or other right-of-way is vacated or legally abandoned after the effective date of the ordinance codified in this title, the land formerly in that right-of-way shall be included within the zone of adjoining properties; in the event the right-of-way formed a zone boundary between two or more zones, the new zone boundary line shall be the former center line of the right-of-way.

D.

In case any further uncertainty exists, the Planning Commission shall interpret the intent of the zoning map as to the location of the disputed zone boundaries.

(Ord. 239 §11(part), 1993).

17.08.050 - Zoning compliance required.

A.

Except as provided in this title, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as specifically provided for and allowed by this title.

Any use or structure not specifically permitted by this title shall be prohibited.

B.

The commercial cultivation, dispensation, and mobile dispensing of marijuana are expressly prohibited in all zones of the City (as set out in Section 17.16.020(B) and Chapter 17.29). Accordingly, the City shall not issue any permit, license, or other entitlement for the commercial cultivation, dispensation, and mobile dispensing of marijuana.

(Ord. 239 §11(part), 1993).

(Ord. No. 355, § 6, 10-23-2017)

17.08.055 - Exceptions for City properties.

City-owned properties and structures shall be exempt from the provisions of this chapter.

(Ord. No. 330, § 6(3), 10-22-2012)

17.08.060 - Retroactive permits.

The City Council may by resolution establish procedures, standards and fees for processing and consideration of discretionary permits for construction which is conducted without the acquisition of permits required by this title.

(Ord. 285 §3, 2001).

Chapter 17.12 - DEFINITIONS

Sections:

17.12.005 - Generally.

For the purpose of carrying out the intent of this title, the following words, terms, and phrases shall have the meaning ascribed to them in this chapter.

(Ord. 239 §11(part), 1993).

17.12.010 - "A" words, terms and phrases.

"Abandoned" means the cessation of the use of a property by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

"Abutting" means parcels of land or structures having a common boundary with one another except those parcels or structures having no common boundary other than a common corner.

"Access" means the place or way by which pedestrians, vehicles or animals are provided safe, adequate, and usable ingress and egress to a property or use as required by this title.

"Accessory building or structure" means a building or a structure detached from the principal building or structure on the same lot and customarily incidental and subordinate to the principal building.

"Accessory use" means a use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot with such principal use.

Acreage, Gross. "Gross acreage" means the total land area within a defined boundary. Gross acreage measurements are made to the property line.

Acreage, Net. "Net acreage" means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded roadway easement plus the area within ten feet measured perpendicular to the edge of the roadway easement; (b) the ten-foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel; and (d) the access strip portion of a flag lot.

"Addition" means any construction that is attached to an existing building and which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

"Adjacent" means structures or parcels of land which are separated only by a street, highway or recorded easement.

"Administrative approval" means an approval of a project by City staff, which requires the approving body to ascertain that the project complies with applicable statutes, ordinances and regulations.

"Agent" means any person showing notarized written verification that he or she is acting for, and with the knowledge and consent of, a property owner.

"Agricultural space" means an area within a stable designed and constructed to house permitted domestic animals, farm implements, hay, grain, or other horticultural products and equipment. It may also include storage of vehicles and storage of household items. Such space shall not be a place for human habitation or be used as sleeping quarters.

"Alteration" means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

"Amendment" means a change in wording, context, substance or zoning maps of this title when such changes are adopted in the manner prescribed by law.

"Animal" means any animal including but not limited to poultry, bird, reptile, fish, dog, cat, horse and livestock.

"Animal, Domestic." "Domestic animal" means an animal customarily kept in a house as a pet, such as dogs, cats, fish and cage birds. Domestic animal also includes but is not limited to horses, other equines, cattle, fowl, rabbits, goats, sheep and bees. No wild or exotic animal shall be considered domestic animals.

"Animal, Domestic, large", means animals customarily kept on a property such as, but not limited to horses, other equines and cattle.

"Animal, Domestic, small", means animals customarily kept in a house as a pet, such as dogs, cats, fish and cage birds. Small domestic animals also include but are not limited to miniature horses, donkeys, mules, pot-bellied pigs, rabbits, goats, sheep, bees and fowl such as chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squab and other similar animals.

"Animal pen or cage" means a fenced area of land or an enclosure, made from wooden, metal or plastic slots or wire, in which to keep small animals.

"Animal shelter" means an area enclosed on one or more sides, or roofed, where permitted animals are kept, including but not be limited to a cage, pen, aviary, run-in-shed, stable or roofed free standing structure.

"Antenna" means the outdoor portion of the receiving or transmitting equipment used for the receiving or transmitting of television, radio or similar waves through space.

"Applicant" means a person who requests in writing the approval of a permit, entitlement, or any other approval under this title.

"Application" means the form and information submitted by an applicant for purposes of requesting an entitlement to use or develop property.

"Assessor" means the Assessor of the County of Los Angeles.

"Association." See "Rolling Hills Community Association."

"Aviary" means an enclosure or large cage where birds are kept.

(Ord. 295 § 7 (Exh. B (part)), 2004; Ord. 239 § 11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010; Ord. No. 332, § 8B, 1-14-2013)

17.12.020 - "B" words, terms and phrases.

Barn. See "stable."

"Basement" means any floor level below the first story of the primary residence, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Except for walls within light wells, basement walls across any elevation may not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one-half feet exterior height. Basements shall comply with the Los Angeles County Building Code requirements. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story.

"Body or hearing body" means the individual or group duly authorized to grant changes to, relief from or special consideration under this title.

"Boundary fence," for the purposes of this title, is a fence constructed of four-inch vertical posts protruding fifty-four inches aboveground and spaced not more than ten feet measured from center to center and attached to two-inch by six-inch boards running horizontally, starting three inches from the top and spaced fifteen inches from center to center. Wire fencing may be attached to the inner side of a boundary fence.

"Breezeway" means a roofed passageway with open sides that connects two buildings, such as house and garage.

"Buildable area" means that portion of a lot consisting of the existing graded building pad and any other contiguous portion of the lot not in setbacks that has an average slope of ten percent or less. If there is no existing graded building pad, buildable area shall mean that portion of a lot not in setbacks that has or is proposed to be graded to have an average slope of ten percent or less.

"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

Building, Accessory. See "accessory building."

Building, Primary. "Primary building" means a building in which the principal use on the lot is conducted.

"Building pad coverage" means that area of a graded building pad developed with the following improvements: primary residence, garages, accessory buildings, recreational game courts, pools, stables, and subterranean structures other than basements. Building pad coverage requirements are generally expressed in maximum allowable percent coverage.

"Building official" means that person charged with the responsibility of administering the building code for the city.

Building Pad, Graded. "Graded building pad" means that area (or those areas) of a lot not in setbacks, which has been disturbed by human activity for the purpose of creating suitable site(s) for establishment of a primary building, accessory building, a stable/corral, swimming pool, subterranean structure, recreational game court, deck or similar improvements.

(Ord. 312 § 1, 2008; Ord. 297 § 9(part), 2005; Ord. 295 § 7 (Exh. B (part)), 2004; Ord. 271 § 6, 1997; Ord. 269 § 5, 1997; Ord. 239 § 11(part), 1993).

17.12.030 - "C" words, terms and phrases.

"Cabana" means an accessory structure enclosed on not more than three sides which is generally associated with a swimming pool, whirlpool or similar facility and which is intended to be used as a clothes changing room. Cabanas shall not contain sleeping or indoor cooking facilities.

"Cage," see animal pen and aviary.

Caretaker's Residence. See "guest house."

Cellar. See "basement."

"City" means the incorporated City of Rolling Hills.

"City Council or Council" means the City Council of the City of Rolling Hills.

"Civic center" means the administrative offices of the City and of the Associations.

"Commission or Planning Commission" means the Planning Commission of the City of Rolling Hills.

"Conditional use permit" means an approval which may be granted by the Planning Commission which is required for a conditional use to be permitted in a district or zone.

"Conditional use" means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the development code and authorized by the Planning Commission.

"Corral" means a pen or enclosure, constructed of split rail or similar open fencing materials, used for confining horses or other permitted domestic animals.

Coverage, Building Pad. See "building pad coverage."

Coverage, Lot. See "lot coverage."

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010)

17.12.040 - "D" words, terms and phrases.

"Deck" means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground.

"Density" means the number of families, individuals, dwelling units or housing structures per unit of land.

"Discretionary approval" means approval of a project, which requires that the Planning Commission ascertain compliance with applicable statutes, ordinances and regulations and which also requires the exercise of judgment, deliberation, or decision on the part of the Planning Commission, and/or the City Council. Discretionary projects include conditional use permit, site plan review and variance.

"Disturbed area or Disturbance." Disturbance means any remedial grading (temporary disturbance), any proposed or existing graded slopes and graded building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously disturbed surface, such as an abandoned driveway or other area determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain and contours of the immediately adjacent area, then such area shall not be considered disturbed. In addition, remedial or temporary grading not greater than two thousand square feet in area, where the surface is returned to its pre-graded slope and configuration shall also not be considered disturbed. Calculations of disturbed area shall be as specified in Section 17.16.070(B) of this title.

Domestic Animal. See "animal, domestic."

"Driveway" means a private roadway which provides access for vehicles from a street to a parking space, garage, dwelling or other structure.

"Dwelling or dwelling unit" means one or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a person or single-family maintaining a household.

Dwelling, Single-Family. "Single-family dwelling" means a detached building which, regardless of form of ownership, is designed and/or used to house not more than one family, including all domestic employees of such family. A single-family dwelling also includes a manufactured home certif1ied under the National Mobile Home Construction and Safety Standard Act of 1974, provided that all development standards applicable to single-family dwellings are adhered to as described in this title.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 279 §6, 1999; Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6(Exh. A, Pt. 19), 6-11-2012; Ord. No. 335, § 10(2), 9-9-2013)

17.12.050 - "E" words, terms and phrases.

"Easement" means a right of use across the property of another granted by the property owner to the Association, a corporation or another person or entity for the purpose of construction and/or maintenance and use of streets, driveways, trails, utilities, drainage facilities, sewers, open space and any other use or combination of such uses.

"Eave" means the projecting lower edges of a roof over-hanging the wall of a building.

"Employee housing" has the same meaning as in California Health and Safety Code Section 17008(a), as that section is amended from time to time.

"Excavation" means the act or process of digging, removing of earth material or hollowing out surface of land below finished grade for basements, footings, retaining walls, pools, spas or other below finished grade structures or uses. Excavation also means a man-made hole that has been made by digging or hollowing earth material. Excavation shall not result in changes to the natural or graded ground surface.

"Existing use" means the use of a lot or structure on the effective date of the ordinance codified in this title.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

(Ord. No. 377, § 4, 8-8-2022)

17.12.060 - "F" words, terms and phrases.

"Family" means one or more persons living as a single housekeeping unit, as distinguished from a group occupying a boarding, rooming or lodging house, hotel or club. Family may include domestic servants.

"Fence" means a self-supporting barrier to enclose or mark an area.

"Floor area" means the total horizontal area of all floors of a structure, measured in square feet from the exterior surface of the outside walls, including basements, storage areas, and the like, but excluding unenclosed areas, buildings or structures.

Front Yard. See "yard, front."

"Frontage" means the length of that portion of a lot abutting a street.

"Future construction," for the purpose of Section 17.46.040(C) only, means a condition placed on discretionary development applications where "no modification or further development or construction" is allowed without a site plan review. Except that minor modification and construction consistent with criteria specified in Section 17.46.040(C) may be approved administratively.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6(Exh. A, Pt. 18), 6-11-2012)

17.12.070 - "G" words, terms and phrases.

"Garage" means an accessory building, or an accessory portion of a main building, designed or used for the shelter or storage of vehicles.

"General plan" means the adopted general plan of the City which is the official statement of policy relative to physical development within the corporate boundaries.

Grade, Natural. "Natural grade" means the elevation of the ground surface in its natural state, before manmade alterations.

Grade, Finished. "Finished grade" means the level of the finished ground adjacent to the walls of a building.

"Grading" means man-made alteration of the existing natural ground surface, resulting in earthforms and contours, which differ from the ground surface that existed prior to the alteration.

Grading, Contour. "Contour grading" means a grading concept designed to result in earthforms and contours which resemble natural terrain characteristics, with generally curving, nonlinear slope banks having variations in the slope ratios of the horizontal and vertical curves.

"Greenhouse" shall mean a glass or transparent plastic structure, often on a metal or wooded frame, in which plants that need heat, light and protection from the elements are grown.

"Guest house" means living quarters within an accessory building for the sole use of persons employed on the premises or for use by relatives or guests of the occupants of the premises. Such living quarters shall not have a kitchen but may have a kitchenette; shall not be rented or otherwise used as a separate dwelling unit.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

(Ord. No. 324, § 9(Exh. A, Pt. A), 8-8-2011; Ord. No. 327, § 6(Exh. A, Pt. 1), 6-11-2012)

17.12.080 - "H" words, terms and phrases.

"Hedge" means any plant material, trees, stump growth or shrubbery planted or growing in a dense continuous line so as to form a thicket, barrier or living fence.

"Hobby shop." Hobby shop means the same as "Recreation room."

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6(Exh. A, Pt. 2), 6-11-2012)

17.12.090 - "I" words, terms and phrases.

"Impervious surface" means any surface covered by a material which prevents the percolation of water and other fluids into the ground. Impervious surface includes, but is not limited to, structures, roofs, concrete and asphalt paving, and decks.

"Improvement" means any item which becomes part of, placed upon or affixed to real estate.

(Ord. 239 §11(part), 1993).

17.12.100 - "J" words, terms and phrases.

Reserved.

17.12.110 - "K" words, terms and phrases.

"Kitchen" means a room or portion thereof containing facilities designed or used for the preparation, serving and consumption of food, and may contain, any but not be limited to the following: shelves, cabinets, countertops, table, chairs, sink, stove, oven, cook top, range, hot plate, microwave, grill, dishwasher, refrigerator.

"Kitchenette" means a room or portion thereof, primarily in a permitted detached accessory structure or tack room designed or used for the serving and consumption of food for recreational functions and guest snacks and if in a tack room primarily for keeping of animal medication and related food and in conjunction with approved uses for a tack room. A kitchenette may contain the following: sink, shelves, cabinets, table, chairs, countertops, hot plate, microwave, dishwasher and a refrigerator.

(Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010)

17.12.120 - "L" words, terms and phrases.

"Landing" means a platform between flights of stairs or the floor at the top or foot of a stair or flight of stairs, which is less than twelve inches in height.

"Landscaping" means a planned arrangement of plant materials including lawn, ground cover, trees, shrubs and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas).

"Landscaping plan" means a plan which indicates the type, size and location of vegetative and accent material proposed for the landscaping of a site, including all irrigation, drainage and other devices necessary to maintain such landscaping. A preliminary landscaping plan is one which is submitted for City review. A final plan represents one which has been reviewed and approved by the City.

"Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles, other horse equipment and similar equestrian or agricultural related items, or tack room uses, but excludes sleeping quarters.

"Lot" means:

A.

A parcel of real property shown as a delineated parcel of land with a number or other designation on a plat recorded in the office of the County Recorder;

B.

A parcel of land, the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the office of the County Recorder; or

C.

A parcel of land, the dimensions or boundaries of which are defined by metes and bounds, and which is held under separate ownership of record on the effective date of the ordinance codified by this title.

Lot, Corner. "Corner lot" means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirtyfive degrees.

"Lot coverage" means that area of the net lot area developed with the following improvements: primary residence, garages, accessory buildings, recreational game courts, pools, spas, pool/spa equipment, stables, subterranean structures other than basements, driveways, parking areas, walks, patios, decks, covered porches, entryways, porte cochere, trellises, latticework and asphalted or concrete paving not maintained by the Association. Lot coverage requirements are expressed in maximum allowable percent coverage.

Lot, Cul-de-sac. "Cul-de-sac lot" means a lot which is accessed via a cul-de-sac street.

"Lot depth" means the average linear measurement between the front and rear lot lines when measured at ninety degree angles from the front lot line.

Lot, Flag. "Flag lot" means a lot having access to a street by means of a private driveway access easement, or a parcel of land not meeting the requirements of this title for lot width, but having a dimension of at least twenty feet at its narrowest point.

Lot, Substandard. "Substandard lot" means any lot which does not meet the minimum required dimensions.

Lot Area, Gross. "Gross lot area" means the total area, measured in a horizontal plane, included within the lot lines of a lot.

Lot Area, Net. "Net lot area" means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded roadway easement plus the area within ten feet measured perpendicular to the edge of the roadway easement; (b) the ten-foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel; and (d) the access strip portion of a flag lot.

"Lot line" means the lines bounding a lot as defined herein.

Lot Line, Front. "Front lot line" means the line dividing a lot from a roadway easement. On a corner lot, the Commission shall determine which street frontage shall be established as the front lot line.

Lot Line, Rear. "Rear lot line" means the lot line opposite and most distant from the front lot line; or in the case of an irregularly shaped lot, a straight line not less than ten feet long, within the lot, and most nearly parallel to and at the maximum distance from the front lot line.

Lot Line, Side. "Side lot line" means any lot lines other than the front or rear lot lines.

"Lot width" means the average linear distance between side lot lines when measured at a ninety degree angle to the front lot line.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 269 §6, 1997; Ord. 263 §8, 1996; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010)

17.12.130 - "M" words, terms and phrases.

"Manufactured home" means a manufactured home is a detached single-family dwelling with all of the following characteristics:

A.

Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electric connections provided for attachment to an outside system;

B.

Designed to be transported after fabrication on its own wheels, or on a flat bed or other trailer or detachable wheels; manufactured homes do not move by means of an internal power source; and

C.

Delivered to the site where it is to be occupied as a complete dwelling, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation, connections to utilities, and other incidental preparations for occupancy.

"Mixed use structure" means a structure detached from the primary building and used or designed to be used for a garage or for two or more of the following uses: garage, keeping of horses or other permitted animals, storage of equestrian, agricultural and general household goods, recreational purposes, an office, a study or other uses. Two or more of the same uses within the structure are not permitted. If any of the

uses include keeping of horses or other permitted animals, no portion of the structure may contain a guest house or sleeping quarters for humans.

Mobilehome. See "Manufactured home."

(Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010)

17.12.140 - "N" words, terms and phrases.

Natural Grade. See "grade, natural."

"Nonconforming land" means a parcel, the size, dimensions or use of which was lawful prior to the adoption, revision or amendment of this title, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

"Nonconforming structure" means a legally established structure or building, the size, dimensions or

location of which was lawful prior to the adoption, revision or amendment of any ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of this title but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

(Ord. 239 §11(part), 1993).

17.12.150 - "O" words, terms and phrases.

"Owner of property" means the owner of record on any parcel of real property as designated on the county assessor's tax roll, or a holder of a subsequently recorded deed to the property.

(Ord. 239 §11(part), 1993).

17.12.160 - "P" words, terms and phrases.

Pad. See "building pad, graded."

"Parking space" means an area with minimum dimensions as established in the parking standards for a district which is accessible and available for the parking of one vehicle.

"Permit" means written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.

"Person" means an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal or state government, city, county, district or any other group or combination acting as an entity.

"Planning Commission or Commission" means the Planning Commission of the City of Rolling Hills.

"Plate height" means the height of a building measured from the finished floor level to the top of the wall.

"Pool house" shall mean the same as "Recreation room."

"Porch" means a covered pedestrian entrance to a building; a walkway or a platform beneath a roof that is attached to the exterior of a building that sometimes runs along the entire facade and sides of the building. The area underneath eaves is not considered a covered porch.

"Porte cochere" means a roofed structure, whether attached or detached to the exterior of the building, which partially or entirely covers a driveway at the entrance of a building to provide shelter while entering or leaving a vehicle. The area underneath eaves is not considered porte cochere.

"Primary use" means the principal or predominant use of any lot.

"Projections" means both projecting architectural features and projecting uncovered porches.

A.

"Projecting architectural features" means projecting architectural features such as chimney, bay windows, cornices, eaves, belt courses, sills, buttresses or other similar architectural features, except those "enclosing" structures enumerated in Section 17.16.200(K) of this title.

B.

"Projecting uncovered porches" means an uncovered porch, patio, platform or landing place.

(Ord. 297 §9(part), 2005; Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010; Ord. No. 324, § 9(Exh. A, Pt. A), 8-8-2011; Ord. No. 326, § 9(Exh. A, Pt. III), 4-23-2012)

17.12.170 - "Q" words, terms and phrases.

Reserved.

17.12.180 - "R" words, terms and phrases.

Rear Yard. See "yard, rear."

"Recorder" means the Recorder of the County of Los Angeles.

"Recreational game court" means a tennis, racquetball or squash court, or any other fenced, enclosed, paved or hard-surfaced area used for private recreational purposes.

"Recreation room" means a room used for personal entertainment or hobby purposes.

"Recycling center" means a facility or site where newspapers, glass, aluminum cans and similar household recyclable items are collected for transport to off-site recycling facilities and plants.

Residence. See "Dwelling."

"Riding ring" means a private equestrian facility that exceeds seven thousand two hundred square feet in area used for noncommercial training of horses, ponies or other permitted animals, or used for competitive or recreational riding purposes.

"Right-of-way" means a corridor, either public or private, on which a right of passage has been recorded.

"Rolling Hills Community Association" means the Rolling Hills Community Association of Rancho Palos Verdes, a nonprofit California corporation, also known as and referred to in this title as "Association."

"Room" means an area of a building fully enclosed by walls, windows, doors, a roof and floor, excluding bathrooms, kitchens, closets, hallways and service porches.

"Run-in-shed" means a not to exceed two hundred forty square foot free standing structure for sheltering of animals, enclosed on three sides and a roof and containing one or more large space that animals can enter and leave at will. Such structure, if larger than two hundred forty square feet shall be considered a stable and shall meet all of the requirements for a stable.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010)

17.12.190 - "S" words, terms and phrases.

"Sanitary sewer" means pipes that carry only domestic or commercial sewage and into which storm, surface and ground waters are not intentionally admitted.

"Satellite dish antenna" means a parabolic or disc-shaped antenna of either solid or mesh construction intended for the purpose of receiving communications from orbiting satellite transceivers.

"Septic system" means an underground system with a septic tank used for the decomposition of domestic wastes.

"Setback" means an open space on a lot that, except as otherwise provided in this title, is unoccupied or unobstructed by any structures aboveground. When a required setback dimension is given, it represents the minimum horizontal distance between the lot line or roadway easement from which the distance must be measured and a line parallel to the lot line or roadway easement.

"Setback line" means a line within a lot parallel to and measured from a corresponding lot line or easement line, forming the boundary of a required yard, and governing the placement of structures and uses on the lot.

"Shed" means a structure, not to exceed one hundred twenty square feet, enclosed on all four sides, either free-standing or attached to a larger structure, used especially for storage of domestic or equestrian or agricultural related items or as a play room. Shed is not for keeping of animals. Shed may not contain a sanitary facility or a kitchenette.

Side Yard. See "yard, side."

"Stable" means the same as "barn" and is a building or a portion of a building designed and constructed to shelter permitted domestic animals and store farm implements, hay, grain, equestrian and horticultural related items and equipment. Stable may include agricultural space, loft and tack room space. Stable shall not be a place for human habitation, except for uses specifically permitted in the tack room; it may not be rented out or be used for human sleeping or commercial purposes.

Standards, Development. "Development standards" means the physical design and development portion of this title controlling such items as building pad coverage, yard areas, height of structures or fencing.

"Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning.

"Storage room, free standing," shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items.

"Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title.

"Street" means a vehicular right-of-way, excluding driveways.

"Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements.

"Supportive housing" has the same meaning as in California Government Code Section 65650(a), as that section is amended from time to time.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 279 §5, 1999: Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010; Ord. No. 324, § 9(Exh. A, Pt. A), 8-8-2011; Ord. No. 327, § 6(Exh. A, Pts. 3, 5), 6-11-2012; Ord. No. 377, § 5, 8-8-2022)

17.12.200 - "T" words, terms and phrases.

"Tack room" means a room, building or structure, in conjunction with an established stable or corral, utilized primarily for storage of saddles, bridles, other horse equipment and similar equestrian or horticultural related items, as well as the storage of tools, furniture and other general households items. Tack rooms may contain a kitchenette and sanitary facility consisting of a sink, toilet and shower. Tack room may be used for passive activities but shall not at any time be rented out or be used as sleeping quarters for humans. For the purpose of this definition, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons or ordinary

sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited and are not considered "passive activities".

"Temporary use" means a use established for a fixed period of time, or until the occurrence of a specific event, with the intent to discontinue such use upon the expiration of the time period.

Trailer, Construction. "Construction trailer" means a trailer, the use of which is incidental to new construction on a site, including but not limited to temporary office space for the direction of on-site construction activities.

"Transitional housing" has the same meaning as in California Government Code Section 65582(j), as that section is amended from time to time.

"Tree" means a woody perennial plant which usually but not necessarily has a single trunk and a height of fifteen feet or more, or has a circumference of twenty inches measured at twenty-four inches above the ground; references herein to "tree" shall include the plural, "any tree or trees."

"Turnout" means a private equestrian facility, not to exceed seven thousand two hundred square feet in area, used for noncommercial training, walking or exercising of horses, ponies and other permitted animals.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. B), 7-15-2010; Ord. No. 377, § 6, 8-8-2022)

17.12.210 - "U" words, terms and phrases.

"Use" means the purpose for which land or a building is occupied, arranged, designed or intended; or for which either land or building is, or may be, occupied or maintained.

Use, Primary. "Primary use" means a use which fulfills the principal function of a household, establishment, institution, or other entity.

(Ord. 239 §11(part), 1993).

17.12.220 - "V" words, terms and phrases.

"Variance" means permission, granted in accordance with the provisions of this chapter, to depart from a literal provision of this title when, because of special circumstances applicable to the property, strict application of title provisions deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning. Any variance granted will assure that the adjustment granted will not constitute a special privilege.

(Ord. 239 §11(part), 1993).

(Ord. No. 346, § 6A, 2-8-2016; Ord. No. 354, § 7(Att. A(1)), 10-23-2017)

17.12.230 - "W" words, terms and phrases.

"Water feature" means a formation containing water, other than a pool or a spa, and including, but not be limited to a fish pond, reflection pond, stream, creek, fountain, water fall and similar structures or uses.

"Window" means an opening in a wall of a building designed to allow light and/or ventilation into a room of a building, and enclosed by casement or sash containing glass or other similar transparent or semitransparent material.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

17.12.240 - "X" words, terms and phrases.

"Xeriscape" means landscaping consisting of vegetation which is drought resistant and requires limited watering.

(Ord. 239 §11(part), 1993).

17.12.250 - "Y" words, terms and phrases.

Yard, Front. "Front yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the front roadway easement line and either the nearest line of the primary building or the nearest line of any enclosed or covered porch attached thereto. This area shall be unoccupied or unobstructed by any structures, unless otherwise provided for in this title.

Yard, Rear. "Rear yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the rear lot line and the nearest rear line of the primary building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or a roadway maintained by the Association, the depth shall be measured from the roadway easement.

Yard, Side. "Side yard" means the space extending from the front yard to the rear yard between the side easement line, where an easement exists, and the nearest line of the main building or of any accessory building attached thereto. Where no easement exists along or contiguous with a side lot line, then the side yard shall be measured from the side lot line.

(Ord. 301 §6 (Exh. A (part)), 2006; Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

"Zoning district" means a specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

"Zoning map" means the map or maps which are a part of this title and delineate the boundaries of zone districts.

(Ord. 239 §11(part), 1993).

Chapter 17.16 - RESIDENTIAL AGRICULTURE-SUBURBAN (RA-S) ZONE

Sections:

17.16.010 - Intent and purpose.

A.

The residential agriculture-suburban (RA-S) zone is established to provide suitable standards for development of single-family residential homes within the City. These standards are intended to promote development of high quality that accommodates and maintains equestrian uses and facilities as opposed to large expanses of concrete such as those used for recreational game courts, does not adversely impact adjacent properties, and which preserves the rural character, natural terrain, flora and fauna of the community.

B.

In order to implement general plan land use policy and to protect the community's hillside environment, the RA-S zone is divided into two sub-districts: RA-S-1 and RA-S-2. The suffix indicates the minimum lot size requirement in net acres.

(Ord. 281 § 6, 2000; Ord. 239 § 11(part), 1993).

Appendix A of this title contains an index of permitted uses which summarizes use regulations for all zones. This index supplements Sections 17.16.020 through 17.16.040. In the event of any conflict, the regulations of Sections 17.16.020 through 17.16.040 shall govern.

(Ord. 239 § 11(part), 1993).

A.

Uses permitted in the RA-S zone as primary uses include:

1.

Single-family residences;

2.

Tree, bush or field crops provided there is no retail sale from the premises and provided the activity does not cause undue traffic not normally associated with residential use.

B.

The following uses are prohibited in the RA-S zone:

1.

It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation a residential dwelling or a room in a dwelling for occupancy of less than thirty days.

2.

It shall be unlawful for any person to occupy a residential dwelling or a room in a dwelling for less than thirty days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation.

3.

Dispensing of cannabis and non-medicinal cannabis delivery by any mobile marijuana dispensary (as those terms are defined in Section 17.29.020).

4.

Commercial cannabis activity, (as those terms are defined in Section 17.29.020). Notwithstanding the foregoing, this section does not apply to the delivery of medical marijuana to qualified patients or their primary caregivers, (as those terms are defined in Section 17.29.020).

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6(Exh. A, Pt. 6), 6-11-2012; Ord. No. 342, § 5A, 6-8-2015; Ord. No. 355, § 7, 10-23-2017)

Editor's note— Section 5A of Ord. No. 342, adopted June 8, 2015, changed the title of § 17.16.020 from "Permitted uses" to read as herein set out.

The following uses and structures are permitted as accessory to a legally established single-family residence. Certain accessory uses and structures below are subject to special requirements, as set forth in Section 17.16.200 and Section 17.18.040 of this title and may be subject to a site plan review process as provided in Chapter 17.46 of this title.

A.

Animal pen, cage, aviary, paddock subject to Section 17.18.040;

B.

Run in shed subject to Section 17.18.040;

C.

Stable and corral subject to Section 17.18.040;

D.

Roofed freestanding animal shelter open on all sides subject to Section 17.18.040;

E.

Turnout subject to Section 17.18.040;

F.

Greenhouse;

G.

Noncommercial radio antenna;

H.

Keeping of domestic animals including not more than two pot-bellied pigs, each not exceeding one hundred twenty-five pounds in weight, if maintained as pets, but excluding all other swine, subject to Chapter 17.18 of Title 17 and Chapter 6.48 of Title 6 of the Municipal Code.

I.

Outdoor storage of recreational vehicles, boats or trailers;

J.

Satellite dish antenna;

K.

Swimming pool, including outdoor spa, pool equipment, bath or jet pool and similar water features;

L.

Freestanding storage shed, detached trellis or detached covered porch, gazebo, outdoor bar, barbecue or fireplace, fountains and similar structures;

M.

Trellis, covered porch, covered patio, covered entryway or porte cochere attached to the main residence or to an accessory structure;

N.

Walls, including a retaining wall, rubble wall, planter wall and similar walls;

O.

Playhouses and playground equipment;

P.

Solar panels.

Q.

Cabana, pool house, recreation room, storage room, hobby shop, guest house, detached garage and similar accessory structures not to exceed two hundred square feet, subject to the requirements of Section 17.16.200, except for sheds specifically permitted in Section 17.16.200(H).

i.

For more than one such structure on the property, except if in addition to permitted sheds, stable and greenhouse, a conditional use permit shall be required.

R.

Accessory dwelling units subject to Chapter 17.28.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 324, § 9(Exh. A, Pt. B), 8-8-2011; Ord. No. 332, § 8A, 1-14-2013; Ord. No. 358, § 2, 2-12-2018)

The following uses are permitted in the RA-S zone, provided a conditional use permit has been issued as provided in Chapter 17.42 of this title and continues to remain in effect. Many of the uses requiring conditional use permits are subject to special requirements, as identified in Section 17.16.210 and Section 17.18.060 through 17.18.100 of this title, and besides requiring a conditional use permit may require a site plan review.

A.

Conditional Uses Requiring Primary Residential Use. The following conditional uses may be permitted on property with a legally established single-family residence and on which provision is made for a legally required and accessible stable and corral area:

1.

More than one driveway for vehicular access from a roadway, except for a driveway leading exclusively to a stable or tack room as provided in Section 17.18.060 of Chapter 17.18.

2.

Aviary over two hundred square feet in size, subject to Section 17.18.070 of Chapter 17.18.

3.

Cabana, recreation room, pool house, hobby shop, guest house, detached garage, mixed-use structure and similar accessory structures that exceed two hundred square feet. Such structures and uses are subject to the requirements of Section 17.16.210.

i.

Only one such structure on a lot shall be permitted, except if in addition to permitted sheds, stable and greenhouse.

4.

Horseback riding ring subject to Section 17.18.100 of Chapter 17.18.

Recreational game courts, except those located in the basement or underground.

6.

Stable over 200 square feet in size, subject to Section 17.18.060 of Chapter 17.18.

7.

Corral over 550 square feet subject to Section 17.18.090 of Chapter 17.18.

8.

Wildlife rehabilitation facility subject to Section 17.18.080 of Chapter 17.18.

B.

Conditional Use As Primary Use. The following conditional uses may be permitted as a primary use on a lot:

1.

Elementary school offering State-mandated curriculum;

2.

Fire station;

3.

Gate house;

4.

Park and/or playground;

5.

Public transportation limited uses by a joint powers transit authority on school district property which is developed as a school maintenance facility in the RA-S-2 zone;

6.

Public utility building or structure, including a reservoir or tank, necessary for the provision of essential utility services to permitted uses in the City, but excluding wires, pipelines or poles;

7.

Temporary manufactured home;

Rental of merchandise, supplies or equipment in support of school district operations located on school district property in the RA-S-2 zone.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 293 §4, 2004; Ord. 281 §7, 2000; Ord. 456 §10, 1995; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 324, § 9(Exh. A, Pt. C), 8-8-2011)

Site plan review shall be required for development in the RA-S zone, as specified in Chapter 17.46.

(Ord. 239 §11(part), 1993).

17.16.060 - Lot area and dimensions.

Minimum lot area and dimensions shall be as follows:

A.

Minimum Lot Area.

1.

All lots in the RA-S-1 zone shall contain a minimum net lot area of forty-three thousand five hundred sixty square feet.

2.

All lots in the RA-S-2 zone shall contain a minimum net lot area of eighty-seven thousand one hundred twenty square feet.

3.

The City Council may establish a greater minimum net lot area as warranted by environmental conditions. Wherever a greater minimum area is required, a number expressing the required acreage shall be placed upon the zoning map as a suffix to the base zone district (for example, RA-S-10 for a minimum net lot area of ten acres).

4.

Lots or parcels of record which, prior to the adoption of the current standard, are smaller than the currently required lot area shall be considered to have the required area.

B.

Minimum Dimensions. All lots shall comply with the following width and depth requirements:

1.

The width of a lot at and along the street easement line shall be at least equal to or greater than the lot depth divided by two and one-half. However, in no event shall such abutting footage be less than one hundred fifty feet.

2.

The minimum width of a lot at any point shall be one hundred fifty feet, measured at right angles to the side lot lines.

3.

For corner lots, the lot line with the smallest linear feet of lot frontage shall be considered the front lot line for the purpose of this section. In measuring the front lot width, the measurement shall not include any footage within the side street easement.

SUMMARY OF DEVELOPMENT STANDARDS(a)

Notes:

(a) This table summarizes development standards. For complete descriptions, refer to Sections 17.16.040 through 17.16.130, Chapter 17.17 and Section 17.24.045.

(b) Every lot or parcel in the RA-S-1 zone shall have a side yard setback measuring no less than twenty feet from the side property line, except:

(1) If an Association easement, located along the side property line, is improved with a roadway, then the side yard setback shall be no less than ten feet from the interior edge of that easement;

(2) If in the overlay zoning district (OZD-1) as established by Chapter 17.17, then the standards set forth in that chapter shall apply; or

(3) If the circumstances set forth in Section 17.24.045 apply, then the standards set forth in Section 17.24.045 shall apply.

(c) Every lot or parcel in the RA-S-2 zone shall have a side setback measuring no less than thirty-five feet from the side property line, except if an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than twentyfive feet from the interior edge of that easement.

4.

For lots fronting at the turn-around end of a cul-de-sac, the minimum frontage width shall be a function of the required cul-de-sac radius and the number of lots fronting the turn-around. No more than two lots shall front the turn-around, and the turn-around shall have a minimum radius of thirty-two feet.

5.

All lots shall have a depth with a maximum slope of twenty-nine degrees equal to or greater than the lot width abutting the front street easement.

(Ord. 295 § 7 (Exh. B (part)), 2004; Ord. 275 § 7, 1998; Ord. 239 § 11(part), 1993).

(Ord. No. 326, § 9(Exh. A, Pt. IV.5), 4-23-2012; Ord. No. 386, § 4, 7-28-2025)

17.16.070 - Maximum level of site development permitted.

The following standards for maximum lot coverage and maximum disturbed area shall apply to all development in the RA-S zone.

A.

Maximum Lot Coverage. Two maximum lot coverage standards shall apply - maximum coverage by structures and maximum coverage by impervious surfaces.

1.

Coverage by Structures. All structures on a lot shall not cover more than twenty percent of the net lot area. For the purpose of this section, "structures" include, but are not limited to, the primary residence, garages, all accessory structures, recreational game courts, swimming pools, spas, pool equipment, existing and future stables, attached and detached porches, entryways, porte cochere and trellises, gazebos, outdoor bars and barbecues, sheds subterranean structures other than basements, except as provided for in Section 17.16.200(J) of this chapter.

2.

Impervious Surface Coverage. All structures, as defined in subsection (A)(1) of this section, and all other impervious surfaces shall not cover more than thirty-five percent of the net lot area. For the purposes of this

section, impervious surfaces shall include all driveways, parking areas, walks, patios, decks and asphaltic or concrete paving not maintained by the Association.

B.

Maximum Disturbed Area. Disturbance shall be limited to forty percent of the net lot area, as defined in Section 17.12.040 of this title.

A.

Exceptions: In order to encourage gradual transition in grade and undulated and natural appearing terrain between building pads and the surrounding slopes, the following exceedance of disturbed area is permitted:

1.

The disturbed area may be a maximum of sixty percent of the net lot area, provided that at no point the slopes resulting from the grading are greater (steeper) than 3:1, or three units horizontal (run) to one unit vertical (rise); or

2.

The disturbed area may be a maximum of fifty percent of the net lot area, provided that no more than fifty percent of the slopes resulting from the grading are greater (steeper) than 3:1, or three units horizontal (run) to one unit vertical (rise).

B.

For the purpose of this section, the area of slopes resulting from grading shall be measured in square feet.

C.

In order to qualify for the above exceptions, if previously graded areas are re-graded, the resulting regraded slopes shall also meet the above conditions.

(Ord. 295 § 7 (Exh. B (part)), 2004; Ord. 269 § 7, 1997; Ord. 264 § 7, 1996; Ord. 254 § 6, 1995; Ord. 239 § 11(part), 1993).

(Ord. No. 335, § 10(1), 9-9-2013)

17.16.080 - Height limitation.

A.

General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below.

1.

The maximum height permitted from finished floor to the highest peak of any building or structure shall be no greater than twenty-one feet; and in no event shall the maximum height permitted for stables and barns

(inclusive of any loft or storage area) exceed twenty-three feet measured from the finished floor to the highest peak. For purposes of this subsection (A)(1), the height measurement shall be exclusive of projecting architectural features as defined in Section 17.12.160.

2.

The maximum height permitted from finished floor of any building or structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet.

B.

Exceptions: The following exceptions shall apply to the one-story general limitation specified in the first paragraph of subsection (A) above:

1.

A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall.

2.

Stables may have a loft, subject to the requirements of Chapter 17.18 of this title.

3.

A storage area, as defined in Section 17.12.190 "S" may be located above or below a story.

(Ord. 312 § 2, 2008: Ord. 295 § 7 (Exh. B (part)), 2004; Ord. 269 § 8, 1997; Ord. 239 § 11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 327, § 6(Exh. A, Pt. 7), 6-11-2012; Ord. No. 386, § 5, 7-28-2025)

17.16.090 - Minimum dwelling unit size.

Every single-family dwelling and manufactured home used as a primary residence shall have a minimum width of twenty feet and a minimum floor area of one thousand three hundred square feet, exclusive of any accessory structures.

(Ord. 239 § 11(part), 1993).

The minimum size of a graded building pad shall be twelve thousand square feet, as specified in the City's Subdivisions Code (Title 16 of this code).

(Ord. 239 § 11(part), 1993).

17.16.097 - Building pad coverage guideline.

A.

When reviewing a proposed development project for general plan and zoning ordinance compliance, the Planning Commission utilizes a guideline in determining whether the proportion of the building pad that is proposed for development is appropriate. The Planning Commission's guideline is expressed in terms of a maximum percentage of building pad coverage. A determination as to whether a proposed project satisfies the guideline is determined by first calculating the square footage of the proposed structure(s) and of all existing structures on the lot, dividing that number by the square footage of that portion of the building pad that is not in the setbacks, and then comparing that percentage figure to the Commission's guideline percentage.

B.

Structures having a solid roof that are attached to the primary residence or to accessory buildings, except for covered porches as described below, shall be counted towards the building pad coverage guideline. All roofed structures shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled.

C.

Attached covered porches having an area of ten percent or less of the area of the footprint of the primary residence, and for accessory structures having an area of ten percent or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all attached covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled.

D.

Trellises attached to the primary residence or to accessory buildings shall not be counted towards the building pad coverage guideline. However, all trellises shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled.

E.

Structures meeting the requirements of Sections 17.16.200(H) and (J) of this chapter shall not be counted towards the building pad coverage guideline.

F.

Satisfaction of the Commission's guideline for allowable building pad coverage is only one of several factors for determining project compliance with the general plan and zoning ordinance and all other required findings for the particular approval sought must also be satisfied.

(Ord. 301 §6 (Exh. A (part)), 2006; Ord. 297 §9(part), 2005: Ord. 295 §7 (Exh. B (part)), 2004: Ord. 270 §5, 1997).

(Ord. No. 327, § 6(Exh. A, Pt. 8), 6-11-2012

17.16.100 - Maximum buildable slope.

No structure shall be located on any natural or graded slope with a grade exceeding 2:1, nor shall any structure be located on the sides or bottoms of canyons or natural drainage courses.

(Ord. 239 §11(part), 1993).

Every lot or parcel shall have a front setback measuring no less than fifty feet from the front roadway easement line, except where the criteria set forth in Chapter 17.17 (OZD-1) and Section 17.24.045 apply. If an improved roadway traverses an existing lot or parcel of land, then that portion of the lot not developed or which is proposed to be developed with a nonprimary structure shall also have a setback for development purposes of not less than fifty feet from the roadway easement line.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 239 §11(part), 1993).

(Ord. No. 326, § 9(Exh. A, Pt. IV.6), 4-23-2012)

A.

Requirements for RA-S-1 Zone. Every lot or parcel shall have a side setback measuring no less than twenty feet from the side property line, except that:

1.

If an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than ten feet from the interior edge of that easement; and

2.

The side setback to a stable, corral, turnout, horseback riding ring, run-in-shed, aviary, pen, cage, or other animal keeping facility shall be minimum twenty-five feet from a side property line or from the interior edge of a roadway easement line if an Association easement located along the side property line is improved with a roadway.

3.

See Chapter 17.17 for reduced setback standards that apply in the overlay zoning district (OZD-1) and Section 17.24.045 that apply to certain legal nonconforming single-family dwelling units.

B.

Requirements for RA-S-2 Zone. Every lot or parcel in the RA-S-2 zone shall have a side setback measuring no less than thirty-five feet from the side property line, except if an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than twenty-five feet from the interior edge of that easement.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 275 § 8, 1998: Ord. 239 § 11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 326, § 9(Exh. A, Pt. IV.7), 4-23-2012)

A.

Every lot or parcel shall have a rear setback measuring no less than fifty feet from the rear property line.

B.

If a rear yard abuts an improved roadway, the rear setback shall be no less than fifty feet from the interior edge of the roadway easement.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 239 §11(part), 1993).

Where an easement traverses the side or rear of any lot, and where the width of the easement is greater than the width of the setback, then the setback shall measure no less than the width of the required easement.

(Ord. 295 §7 (Exh. B (part)), 2004).

17.16.140 - Permitted projections.[[2]]

The following projections into setbacks are permitted subject to the specified conditions.

A.

Projecting architectural features shall not be constructed in any manner that increases the floor area of a structure, but may extend or project into setbacks as follows:

1.

Into side setback no more than two and one-half inches for each one foot of the side setback, but in no case shall such features project more than five feet;

2.

Into front or rear setback no more than four feet;

B.

Projecting uncovered porches may project into any front or side setback no more than six feet and into a rear setback without limitation. Such structures in a side setback shall leave no less than five feet of unobstructed space to the edge of a slope, if any, to allow for pedestrian movement within the setback. Such structures shall not extend above the floor level of the building to which they are attached. If detached, such structures shall not extend above the level of the ground.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 239 §11(part), 1993).

(Ord. No. 326, § 9(Exh. A, Pt. IV.8), 4-23-2012; Ord. No. 327, § 6, (Exh. A, Pt. 9), 6-11-2012)

Footnotes:

--- ( 2 ) ---

Note— Refer to Section 17.24.045 and Chapter 17.17 for permitted projections on lots eligible for reduced setbacks.

Setbacks shall be maintained unoccupied and unobstructed by any structures except as listed below. Such structures are also subject to approval by the Association.

A.

A boundary fence is permitted, provided the fence is located either on the perimeter easement line or not more than five feet outside of (that is, toward the structure) and parallel to the perimeter easement line. In the absence of an easement line, a boundary fence may be located on the property line.

B.

Driveways shall not cover more than twenty percent of the area of the setback in which they are located.

C.

Uncovered parking areas are permitted in front or side setbacks. However, such parking areas shall not exceed ten percent of the area of the setback in which they are located and shall be located no closer than thirty feet from any roadway easement.

D.

Walkways, steps, mailboxes, and rubble wall of three feet or less in height, and irrigation systems may be permitted in any setback area.

E.

Driveway entry pilasters, gates, trellis or archway may be permitted at the driveway entry to a property.

F.

Walls, retaining or otherwise, which do not exceed three feet in height and construction of which does not require grading may be permitted along a driveway, stairway or walkway.

G.

Walls, not to exceed three feet in height, determined by the Planning Department and the Building Official to be necessary to improve drainage or prevent slope erosion and/or are necessary to support a drainage device such as a swale, riprap, perforated pipes and similar drainage devices, may be permitted in any setback, but not in easements unless approved by the Association, provided such construction does not

constitute grading and does not block any trails. Such walls shall be screened from public right-of-ways, easements and adjacent properties with appropriate landscaping.

H.

Stables, corrals, pens, paddocks, turnouts and other animals holding facilities may be located in the rear setback subject to the requirements of Chapter 17.18 of this Title.

I.

Playhouses and playground equipment, subject to the requirements of Section 17.16.200(J) of this chapter.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 287 §2, 2001; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 327, § 6(Exh. A, Pt. 9), 6-11-2012)

17.16.160 - Access and parking.

A.

Driveway Requirements.

1.

Each developed lot is permitted only one driveway as access to a maintained roadway, except as otherwise permitted by Sections 17.16.040(A)(1) and 17.18.030.

2.

Driveways shall be no wider than twenty feet, unless otherwise approved by the Planning Commission. All driveways shall have a roughened driveway apron.

3.

No driveway shall exceed a maximum grade of twelve percent, unless otherwise approved by the Planning Commission, and the first twenty feet of a driveway shall have a maximum grade of seven percent.

B.

Parking Requirements. Every single-family dwelling, including manufactured homes used as a primary residence, shall have an aboveground garage with a minimum capacity of two cars with direct paved access to a maintained roadway. A minimum of three-car garage shall be required when the property is developed with a guest house or servants' quarters, subject to the requirements of Section 17.16.210(A)(5) of this chapter. The maximum height permitted from finished floor of the garage to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation of the garage shall average no more than two and a half feet, with maximum difference of five feet. No new subterranean garage shall be constructed after August 13, 1997. Any subterranean garage lawfully existing as of August 13, 1997, shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this title.

(Ord. 312 § 3, 2008; Ord. 295 § 7 (Exh. B (part)), 2004: Ord. 269 § 9, 1997; Ord. 239 § 11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010)

A.

Every lot or parcel in the RA-S zone for which a discretionary or administrative approval is required by this title in connection with the construction of a new single-family residence, the addition to an existing singlefamily residence, the construction of an accessory structure including but not be limited to recreation room, guest house, hobby shop and similar accessory structure, and the construction of a pool shall have an area developed with or set aside and usable for a stable, contiguous corral and access thereto that complies with the criteria set forth in Chapter 17.18 of this title.

B.

In the event that a future stable and corral area shown on a plan in connection with a request for approval is located in an area that would require the approval of a variance, the variance shall be considered concurrently with the development application.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 252 §1, 1995: Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 324, § 9(Exh. A, Pt. D), 8-8-2011)

All existing landscaping shall be maintained in a healthy condition. No landscape plant materials shall be removed from a planted area unless the removed materials are replaced with like landscaping.

(Ord. 239 §11(part), 1993).

The following additional standards shall apply to all construction in the RA-S zone.

A.

Eave Projection. Every single-family dwelling shall have an eave projection of at least two feet, unless incompatible with neighboring residences.

B.

Exterior Siding. Every single-family dwelling shall have exterior siding of brick, wood, stucco, or other similar material as provided by the building code of the City; no reflective siding shall be permitted.

C.

Roofing Material. Roof covering for all buildings shall be Class "A" (having satisfied the fifteen-year weathering test and certified as such by Underwriting Laboratories or an equivalent recognized test agency). Class "A" roof assembly utilizing wood or treated wood material and reflective type roofing shall

not be permitted. Notwithstanding the foregoing, any new addition to, repair or reroofing of a structure may match the existing roof covering, provided that the roof addition or the area to be reroofed or repaired does not exceed two hundred square feet in size. Any new roof addition, repair or reroofing, which exceeds two hundred square feet shall comply with the requirements of this section.

D.

Permanent Foundation. Every single-family dwelling and accessory structure shall be built or placed upon a permanent foundation, unless exempt by a building code.

E.

Outdoor Lighting.

1.

Except as provided in subsections (E)(2), (E)(3) and (E)(4) below, outdoor lighting is prohibited. The outdoor lighting described in subsection (E)(2) shall be the exclusive types of artificial illumination permitted outdoors on residentially zoned properties, and shall illuminate strictly within the prescribed limitations so as to avoid light spillage and respect and advance the community goal of preserving natural darkness.

2.

Allowable outdoor lighting is limited to the following:

a.

Lighting along pedestrian and vehicular pathways for the purpose of providing safe passage. Bulbs used in such lighting shall be nonreflective and shall not exceed a total wattage in each light fixture of twenty-fivewatt incandescent light bulb or technological equivalent. Bulbs shall be shielded and obscured by the lighting fixtures to cast light downward. Lighting fixtures shall be spaced no closer than twenty feet apart and shall be no higher than eighteen inches from grade to the top of the fixture.

b.

Security lighting at entryways to structures, provided that in no event shall a security light be set to shine for longer than five minutes following activation. Security lighting shall be nonreflective and shall not exceed a total wattage in each light fixture of one hundred fifty-watt incandescent light bulb or technological equivalent.

c.

One ground-mounted address sign light or one downward casting address sign-mounted light, provided that the bulb used in such light shall not exceed fifteen-watt incandescent or technological equivalent. The light fixture, if ground-mounted, shall be no higher than eighteen inches from grade to the top of the fixture.

d.

Entry post or pilaster lighting only at the foot of a driveway and at a courtyard entrance to the residence, provided that the bulbs are shielded and obscured by the lighting fixtures to cast light downward and the

light does not spill onto the roadway or adjacent properties. Bulbs used in such lighting fixtures shall be nonreflective and shall not exceed a total wattage in each light fixture of forty-watt incandescent light bulb or technological equivalent.

e.

Lighting on porches and exterior walls of structures on the property, provided that the bulbs are shielded and obscured by the lighting fixtures to cast light downward and the light does not spill onto the roadway or adjacent properties. However, lighting fixtures at the primary entrance to a residence need not cast light downward and may be controlled by a timer. Further, lighting fixtures on the exterior wall of a structure immediately adjacent to a patio or terrace used as ambient light for cooking, dining or entertaining need not cast light downward, so long as they are operated manually (not controlled by a timer) and illuminated only when needed. Bulbs used in lighting allowed by this subsection, except for lighting fixtures at the primary entrance to a residence, shall be nonreflective and shall not exceed a total wattage in each light fixture of forty-watt incandescent light bulb or technological equivalent.

f.

Temporary lighting for holidays and for special events.

3.

Modification from Lighting Regulations. Property owners may apply for modifications to the lighting regulations set forth in subsection (E)(2) of this section by submittal of an application on a form provided by the City and upon payment of the application fee prescribed by the City's master fee resolution. Applications for modification shall be considered by the Planning Commission at a public hearing. Written notice of the hearing shall be provided to the owners of property immediately surrounding the property for which a modification is sought. The Commission may approve or conditionally approve a minor modification application only if it affirmatively finds that (a) special circumstances exist that make compliance with the outdoor lighting standards impractical or unsafe, or (b) the requested modification is warranted by exceptional architectural design. In either case, the proposed lighting plan may deviate from the standards in this section only to the extent reasonably necessary to accommodate the special circumstances.

4.

Nonconforming Light Fixtures and Light Bulbs.

a.

Light fixtures existing on May 28, 2008 that direct light upwards to illuminate an architectural or landscape feature or any other structure (except as provided in subsection (E)(2)(c) of this section) shall be deactivated, removed or otherwise brought into compliance with this section by January 1, 2009. All other light fixtures that were installed in compliance with the requirements of this code prior to May 28, 2008, and not in compliance with the requirements of this section, may remain indefinitely in their existing location, but shall not be replaced unless in compliance with this section.

b.

Light bulbs used in lighting fixtures permitted to remain indefinitely as provided in subsection (E)(4)(a) above shall be nonreflective and shall not exceed a total wattage in each light fixture as set forth in subsections (E) (2)(a) through (E)(2)(e) of this section, or if a lighting fixture of a type not described in subsections (E)(2)(a) through (E)(2)(e), shall be nonreflective and shall not exceed a total of twenty-five watts in each fixture. All light bulbs in outdoor fixtures shall be brought into compliance with the requirements of this section by January 1, 2009.

5.

Outdoor Lighting Audits. Residents may request a compliance audit by the City of the outdoor lighting on their property. The City will conduct such an audit upon payment of a fee as prescribed in the City's master fee resolution.

F.

Walls, Including Retaining Walls. The maximum permitted wall height shall be five feet, averaging two and one-half feet as measured from the finished grade to top of the wall. A wall above three feet shall be subject to site plan review and shall not be located in the front yard or in any setback, unless approved by a variance, (game court walls are addressed in Section 17.16.210(A)(7)(d)). A retaining wall, regardless of height, which supports a surcharge shall require a building permit.

G.

Outdoor Storage on Vacant Parcels. No storage of any kind, including operable and inoperable vehicles, trailers, recreational vehicles, construction materials and debris and similar objects shall be permitted on undeveloped lots.

H.

Perimeter Access. There shall be a minimum of a four-foot walkway along the perimeter of all structures, including around basement walls and light wells. Such walkway need not be paved.

(Ord. 312 § 4, 2008; Ord. 309 § 3, 2008; Ord. 295 § 7 (Exh. B (part)), 2004: Ord. 287 § 3, 2001; Ord. 239 § 11(part), 1993).

(Ord. No. 327, § 6(Exh. A, Pts. 10, 11), 6-11-2012)

17.16.200 - Conditions for accessory uses.

The following conditions shall apply to the use and development of accessory structures.

A.

Stable, corral, turnout and all other structures and uses relating to keeping of permitted domestic animals subject to Chapter 17.18 of this title.

B.

Greenhouse providing that the following conditions are met:

Shall not exceed two hundred square feet;

2.

Shall not be located in the front yard or any setback;

3.

A sanitary facility, except for a sink, shall not be permitted;

4.

A kitchen or kitchenette shall not be permitted.

C.

Reserved.

D.

Keeping of Domestic Animals. All activities shall comply with applicable provisions of Title 6 of the Rolling Hills Municipal Code and the Los Angeles County Health and Safety Code.

E.

Outdoor Storage of Recreational Vehicles, Boats or Trailers.

1.

No more than an aggregate total of three recreational vehicles, boats, trailers or horse trailers may be stored on any one property.

2.

No such storage shall be permitted within fifty feet of any roadway easement.

F.

Reserved.

G.

Swimming pool, pool equipment, spa and similar water features shall comply with the following criteria:

1.

No swimming pool, pool equipment, spa or water feature shall be located in the front yard or in any setback, except that a decorative fountain and a decorative pond, if constructed as part of landscaping features may be located in the front yard;

2.

Where a swimming pool, pool equipment or spa are submitted as part of a discretionary or nondiscretionary review, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot;

3.

Where the size of the swimming pool/spa is eight hundred square feet or greater, a site plan review approval shall be required. For the purpose of this section the size of the pool/spa shall include the area of the water surface only;

4.

Where the construction of a swimming pool/spa of less than eight hundred square feet is submitted for an administrative approval, the applicant shall show a site for a corral and stable pursuant to Section 17.16.170 of this chapter, and provide calculations regarding the gross and net lot area, structural and total lot coverage and disturbed area of the lot;

5.

The pool equipment shall be screened from view from other properties;

6.

Other conditions may be imposed as necessary through the discretionary or administrative review process.

H.

Freestanding storage shed, detached trellis, freestanding covered patio having a solid roof, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not require a discretionary review and shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless:

1.

Any one of such structures exceed one hundred twenty square feet in area or exceed twelve feet in height, (fifteen feet for a roofed playhouse or fort), or when any combination of such structures exceed a total of eight hundred square feet, except that freestanding trellises or covered patios may be larger than one hundred twenty square feet, provided that the combined total of such structures does not exceed eight hundred square feet.

2.

There is more than an aggregate of five of such structures on a lot, or where the total of such structures exceed eight hundred square feet, including not more than two storage sheds.

Such structures shall not be located in any setback or in the front yard, except that a decorative fountain and a decorative pond, if constructed as part of landscaping features may be located in the front yard.

Such structures shall be screened from public right-of-way, easements and adjacent properties with appropriate landscaping.

I.

Structures attached to the primary residence or to accessory buildings, such as but not limited to, trellises, covered porches, porte cochere, entryways, and breezeways may be permitted, provided they are not located in any setback. Such structures shall be counted towards the building pad coverage guideline, except as specified in Section 17.16.097(C) and (D), and towards structural and total net lot coverage and the disturbed area of the net lot.

J.

Playhouses and Playground Equipment.

1.

Roofed playhouses, including forts, with or without permanent footings or foundation, which cover more than one hundred twenty square feet of surface area and exceed fifteen feet in height, shall not be permitted in the front yard, or in any setback.

2.

For the purpose of this section, the one hundred twenty square feet of surface area shall be limited to the area measured beneath a solid roof or other protective cover.

3.

Such structures shall be screened from public right-of-way, easements and adjacent properties with appropriate landscaping.

4.

Playground equipment, such as swing sets, teeter swings, slides, monkey bars, and sand boxes, freestanding or as part of a fort or playhouse and which fall below the dimensions specified above, shall not be regulated by this title and are permitted anywhere on the property, except easements.

5.

Playhouses, including forts, and playground equipment, regardless of size shall not be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot, except as specified in subsection J of this section.

K.

Solar Panels. The review of the application shall be limited to assuring compliance with the following criteria:

All plumbing devices from solar panels shall be installed in compliance with applicable installation requirements;

2.

A building and/or plumbing permit, as applicable, shall be obtained prior to installation.

L.

Cabana, pool house, recreation room, storage room, hobby shop, guest house, detached garage and similar accessory structure providing that the following conditions are met, and providing that only one such structure shall be permitted on a property, in addition to sheds and a greenhouse specifically permitted in this title and a stable pursuant to Section 17.18 of this title:

1.

Shall not exceed two hundred square feet;

2.

Shall not be located in the front yard or any setback;

3.

A sink and a toilet shall be permitted;

4.

A kitchen or kitchenette shall not be permitted;

5.

Sleeping shall not be permitted, except in a guest house;

6.

No vehicular access or paved parking area shall be developed within fifty feet of a guest house;

7.

Renting of the structure shall not be permitted;

8.

One thousand square feet set aside area shall be provided on the lot for an accessible stable and corral.

(Ord. 301 §6 (Exh. A (part)), 2006; Ord. 297 §9(part), 2005; Ord. 295 §7 (Exh. B (part)), 2004; Ord. 252 §2, 1995; Ord. 251 §§2, 3, 1995; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 324, § 9(Exh. A, Pt. E), 8-8-2011; Ord. No. 384, § 7, 1-8-2024)

The following minimum conditions shall apply to the use and development of the following conditionally permitted uses. The Planning Commission may impose additional conditions pursuant to Chapter 17.42.

A.

Conditional Uses Requiring Primary Residential Use.

1.

More Than One Driveway. Additional driveways which provide a second or more means of vehicular access from a lot to a maintained street shall be permitted only in the following circumstances:

a.

The subject property is not developed with a driveway, within fifty feet of a roadway intersection;

b.

The subject property has frontage on maintained roadway of not less than two hundred fifty feet; and

c.

A minimum separation of one hundred feet is maintained between driveways on the same property.

2.

Cabana, pool house or recreation room providing that the following conditions are met:

a.

Shall not exceed eight hundred square feet.

b.

Shall not be located in the front yard or any setback.

c.

A kitchenette and sanitary facility consisting of a shower, sink and toilet shall be permitted.

d.

No sleeping quarters or renting of the structure shall be permitted.

3.

Reserved.

Detached garage providing that the following conditions are met:

a.

Shall not be located in the front yard or any setback.

b.

A sink and toilet shall be permitted.

c.

A kitchen or kitchenette shall not be permitted.

d.

No sleeping quarters or renting of the structure shall be permitted.

e.

The Planning Commission shall have the ability to limit the size of the detached garage in relationship to the size of the residence, topography, size of the lot and other conditions.

5.

Guest house providing that the following conditions are met:

a.

Shall not exceed eight hundred square feet.

b.

Shall not be located in the front yard or any setback.

c.

A kitchenette and sanitary facility consisting of a shower, sink and toilet shall be permitted.

d.

No vehicular access or paved parking area shall be developed within fifty feet of the guest house.

e.

Occupancy of the guest house shall be limited to persons employed on the premises, the immediate family of the occupants of the main residence or by the temporary guests of the occupants of the main residence. No temporary guest may remain in occupancy for more than thirty days in any six-month period.

f.

Renting of a guest house is prohibited.

g.

All requirements of this title must be complied with unless otherwise set forth in the permit or approved plan.

h.

A landscaping plan shall be submitted to the City of Rolling Hills Planning Department staff or Planning Commission, if requested, for approval. The plan submitted must comply with the purpose and intent of site plan review, as specified in Chapter 17.46 of this title.

6.

Mixed Use Structures. A mixed use structure, as defined by this title, shall be subject to the following conditions:

a.

Mixed use structures shall not be located in the front yard or any setback;

b.

That portion of the structure intended to be used for other than a garage use, shall not exceed eight hundred square feet in size;

c.

Vehicular access to the garage or mixed use structure shall not occur within an easement or within twentyfive feet of the side or rear lot line;

d.

If a portion of the structure is designed or intended to be used for a garage, that portion shall be separated by an interior common wall from the portion of the structure used as a stable, barn, office, study, recreational use or other use. The interior common wall shall be constructed in the same manner as found in attached townhouse construction. No access from the interior of the portion used for a garage to the interior of the portion used for the other use shall be permitted;

e.

If a portion of the structure is intended to be used as a stable, that portion of the structure, in addition to meeting the requirements of this subsection shall be subject to the requirements of Chapter 17.18 of this title.

f.

If a portion of the structure is intended to be used as a garage, there shall be no sleeping quarters, occupancy, kitchen or kitchenette facilities, but a sanitary facility including a sink and toilet maybe permitted. The remainder of the structure and its uses shall comply with the provisions of this section for each individual use.

g.

A loft area may be constructed only over the stable portion of the mixed use structure, subject to the requirements of Chapter 17.18 of this title.

h.

Where the garage, stable or any other use that is specified on the approved plan is converted to another use, or if the proportions of any approved use is changed without required approvals, the permit granting the mixed use structure may be revoked, pursuant to Chapter 17.58, and the structure shall be removed at the cost of the property owner;

i.

If any conditions of the permit are violated, or if any law, statute or ordinance is violated, the permit may be revoked and the privileges granted by the permit shall lapse, provided that the property owner has been given written notice to cease such violation and has failed to do so for a period of thirty days, and further provided that the owner has been given an opportunity for a hearing.

7.

Recreational Game Courts. Tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard-surfaced areas used for recreational purposes shall adhere to the following conditions:

a.

A legally required and accessible stable and corral area shall be provided on the site in accordance with Section 17.16.010(A);

b.

A game court shall not be located in the front yard or any setback;

c.

A game court shall not be located within fifty feet of any paved road or street easements;

d.

Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the game court surface shall be inset or sunken below grade;

e.

The construction of the proposed game court shall conform to the lot coverage limitations as set forth in Section 17.16.070;

f.

A game court shall not be located on a slope that exceeds a 2:1 grade;

g.

A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course;

h.

When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of seven hundred fifty cubic yards;

i.

When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed ten thousand square feet;

j.

The existing topography, flora and natural features of the site shall be retained to the greatest extent possible;

k.

Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer;

l.

A game court shall be adequately screened on all four sides;

m.

Landscape screening shall include native or other drought-tolerant mature trees and shrubs which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council and shall be approved in accordance with the site plan review process pursuant to Chapter 17.46;

n.

Landscaping shall not interfere with the viewscape of surrounding properties or easements pursuant to Chapter 17.26;

o.

Game court lighting shall not be permitted;

p.

Design and construction of a game court shall include methods to mitigate visual and noise impacts.

8.

Storage room and hobby shop providing that the following conditions are met:

a.

Shall not exceed eight hundred square feet.

b.

Shall not be located in the front yard or any setback.

c.

A kitchen or kitchenette shall not be permitted.

d.

A sink and toilet shall be permitted.

e.

No sleeping quarters or renting of the room shall be permitted.

9.

Horseback Riding Ring.

a.

Horseback riding ring shall not be located in the front yard or any setback.

b.

Other conditions may be imposed through a discretionary permit review process.

B.

Conditional Uses as Primary Use.

1.

Elementary School Offering State-Mandated Curriculum. No specific conditions shall apply unless conditions are imposed through a discretionary permit review process.

2.

Fire Station. No specific conditions shall apply unless conditions are imposed through a discretionary permit review process.

3.

Gate House. No specific conditions shall apply unless conditions are imposed through a discretionary permit review process.

Park and/or Playground. No specific conditions shall apply unless conditions are imposed through a discretionary permit review process.

5.

Public Utility Building. No specific conditions shall apply unless conditions are imposed through a discretionary permit review process.

6.

Temporary Manufactured Homes or Trailers. Temporary manufactured homes and trailers may be permitted only in cases where an occupied primary residence on a property has been rendered uninhabitable by an active landslide. Any approval of a conditional use permit for temporary living quarters within a manufactured home or trailer shall be subject to the following conditions and any other conditions which the Planning Commission may require.

a.

The manufactured home or trailer shall not be placed on a permanent foundation.

b.

All utilities shall be aboveground and adequate aboveground storage tank facilities shall be provided for sewerage; provisions shall be made for the regular pumping of such tank facilities.

c.

The specific location of the manufactured home or trailer on the property shall be subject to approval by the Commission.

e.

Placement of the manufactured home or trailer shall not create a geologic hazard or otherwise be detrimental to the public health, safety and welfare.

f.

Conditions shall be imposed to ensure that the visual impact of the manufactured home or trailer is as harmonious as reasonably possible with the neighborhood.

g.

The applicant shall present facts demonstrating a necessity for temporary alternative living arrangements during the pendency of an active landslide.

h.

The primary residence shall not be occupied while the manufactured home or trailer remains on the property. Gas and electric utilities shall be disconnected from the primary residence unless the Commission determines otherwise. The manufactured home or trailer may only be occupied by the applicant.

i.

The owner shall enter into an agreement holding the City harmless for any liability resulting from placement of the manufactured home or trailer on the property.

j.

Assurances acceptable to the City shall be received to ensure the removal of the manufactured home or trailer and all appurtenances thereto at the expiration of the permit.

(Ord. 295 §7 (Exh. B (part)), 2004; Ord. 281 §8, 2000; Ord. 239 §11(part), 1993).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pt. F), 8-8-2011)

17.16.220 - Reports required for all development.

Prior to the submittal of an applicable final grading plan for any approved development to the building and safety department for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan, as approved by the Planning Commission shall be submitted to the Rolling Hills Planning Department staff for review. Cut and fill slopes must conform to the City of Rolling Hills standard of a maximum of 2:1 slope ratio.

(Ord. 239 § 11(part), 1993).

(Ord. No. 327, § 6(Exh. A, Pt. 12), 6-11-2012)

17.16.230 - Import and export of soil.

Per the requirements of the City's Building and Construction Ordinance (Title 15 of this code):

A.

No export or import of cut material or fill material shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15 of this code.

B.

No export or import of soil that does not require a grading permit and discretionary review shall be permitted for remedial repair of areas of the lot that have eroded, of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15 of this code.

(Ord. 312 § 5, 2008: Ord. 273 § 6, 1998: Ord. 239 § 11(part), 1993).

Per the requirements of the City's Building Code (Title 15 of the Municipal Code), property shall be restored to the condition that existed prior to excavations, to the maximum extent practicable, following exploratory excavations and within the time period, if any, specified by the City Manager or designee.

(Ord. 274 § 4, 1998).

17.16.250 - Employee, supportive, and transitional housing.

A.

In accordance with California Health and Safety Code Section 17021.5, subdivision (b):

1.

Employee housing with a permit from the statutory enforcement agency to serve six or fewer employees is considered a single-family residential structure.

2.

No conditional use permit, zoning variance, or other zoning clearance is required for employee housing serving six or fewer employees unless the same is required for a family dwelling of the same type in the same zone.

3.

In accordance with California Health and Safety Code Section 17007, for purposes of this subsection (A), "statutory enforcement agency" refers to the Department of Housing and Community Development unless and until the City of Rolling Hills or the County of Los Angeles assume responsibility for enforcing the Employee Housing Act under Health and Safety Code Section 17050.

B.

Supportive housing is a use by right in all zones where multifamily and mixed uses are permitted, in accordance with Government Code Title 7, Division 1, Chapter 3, Article 11 (commencing with Section 65650).

C.

Transitional housing and supportive housing are each considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with Government Code Section 65583, subdivision (c)(3).

(Ord. No. 377, § 7, 8-8-2022)

Chapter 17.17 - OVERLAY ZONING DISTRICT-1 (OZD-1)

The Overlay Zoning District (OZD-1) is established by this chapter to:

A.

Provide for development given the unique qualities of the overlay zone district that is generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to current setback requirements.

B.

Allow for the modernization, reconstruction and enlargement of homes on smaller lots, consistent with general plan policies, in a manner compatible with the unique character of the neighborhood.

(Ord. No. 326, § 9 (Exh. A, Pt. I), 4-23-2012)

The Overlay Zoning District-1 standards apply to lots located as follows: Middleridge Lane North, within Tract No. 12866, including therein lots 1 through 11, but excluding therefrom lots 12 through 17, as recorded on September 4, 1941, in Book 246, pages 20 and 21, of Maps of the County of Los Angeles; and including lots along Williamsburg Lane, lots 27 through 31, lots 35 through 39, and lots 42 through 46 of Tract of Rolling Hills, as recorded on June 22, 1937, in Book 201 Pages 29 to 35, inclusive, of Maps of County of Los Angeles; lots located along Chuckwagon Road and Chesterfield Road including lot 15 of Tract 22750, as recorded on November 21, 1956, in Book 608, pages 80 to 83, inclusive, of Maps of County of Los Angeles; lots 2 through 8 of Tract 23103, but excluding therefrom lot 1, as recorded on October 24, 1956, in Book 607, pages 36 and 37, of Maps of the County of Los Angeles; and, including lots 1 through 20, and lots 23 through 32 of Record of Survey, as filed on November 9, 1955, in Book 73, Pages 12, 13, and 14; and Lot 191 of LA County Assessor's Map No. 51.

(Ord. No. 326, § 9 (Exh. A, Pt. I), 4-23-2012)

A.

Development Standards. The following development standards shall replace all inconsistent provisions of the RAS-1 zoning district and other general development standards of this title for lots within OZD-1. All provisions of the RAS-1 zoning district and other general development standards of this title that do not conflict with the criteria listed below shall remain in effect for those lots in the OZD-1.

B.

Reduced Front Yard and Side Yard Setbacks. Lots in the OZD-1 shall be permitted to have reduced setbacks as follows, subject to the conditions set forth in subsection (C) below:

1.

A front yard setback line shall be no less than thirty feet from the front roadway easement line;

2.

An interior side yard setback line shall be no less than twenty feet from the side property line, except that if a portion of an existing single-family dwelling is located less than twenty feet from the side yard setback line, the side yard setback line shall be the footprint of the existing legally permitted residence, except that in no place shall the interior side yard setback line be less than ten feet from the interior side property line.

A street side yard setback line shall be no less than ten feet from the street side roadway easement line.

C.

The reduced setbacks set forth in this section are subject to the following conditions:

1.

The reduced setback requirements set forth in this section are applicable only to single-family dwellings and not accessory structures. Attached garages are deemed to be part of the single-family dwelling for purposes of this chapter.

2.

The single-family dwelling must comply with all other requirements of this title in order to be eligible to apply the reduced setback requirements set forth in this section.

3.

Projections beyond the reduced setback lines set forth in this section shall only be permitted as follows:[[3]]

a.

Projecting architectural features shall not be permitted beyond the reduced setback lines set forth in this section except that eaves or roof overhang may project to a maximum two feet; and

b.

Uncovered projecting porches may extend no more than four feet beyond the reduced setback lines set forth in this section.

4.

Front Yard Landscaping. A minimum of sixty percent of the front yard area shall be maintained as a landscaped area. Front yard shall be as is defined in Section 17.12.250 "Y".

5.

Driveways. Only one driveway approach shall be permitted.

(Ord. No. 326, § 9 (Exh. A, Pt. I), 4-23-2012)

Footnotes:

--- ( 3 ) ---

Note— Refer to Section 17.16.140 for the standards for permitted projections that apply in the absence of a more restrictive standard set forth in this chapter.

Chapter 17.18 - STABLES, CORRALS AND RELATED ANIMAL KEEPING USES AND STRUCTURES

Sections:

The City recognizes that, along with one-story, ranch-style homes, a residential stable is considered by the City to be a valuable asset on each property and a valuable component of the City's rural, equestrian character. Further, the City supports residents' desires to have a stable and horses on private property. The City also recognizes, however, that residents who do not currently own horses also legitimately desire to use their entire property, including their stables, and that some of these non-equestrian uses are compatible with the City's rural character. The purpose of this chapter is to protect and encourage the important community asset of residential stables, while at the same time permitting residents who do not have horses the flexibility to use stables for non-equestrian purposes. Nevertheless, because keeping of horses is desired in the community, stables that are permitted to be used for other than animal keeping uses shall always be capable of being converted back into a stable for keeping of animals.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

A.

Every lot or parcel in the RA-S zone is required to have an area developed with or set aside and usable for a stable, contiguous corral and access thereto as required by this section. Every lot or parcel for which a discretionary (including site plan review, conditional use permit or Variance) or administrative approval is required by this title in connection with the construction of a new single-family residence, the addition to an existing single-family residence, the construction of an accessory structure subject to a conditional use permit and the construction of a pool shall have an area developed with or set aside for a stable and corral as follows:

1.

Future stable and corral set aside area shall be a minimum of one thousand square square feet: four hundred fifty square feet minimum for the stable and five hundred fifty square feet minimum for the corral.

2.

All stables shall be a minimum of two hundred square feet; any unused portion of the required four hundred fifty square foot set aside area shall be kept available for future expansion of the stable. All corrals shall be a minimum of five hundred fifty square feet.

3.

The Planning Commission may develop guidelines to determine the appropriate size of a corral in relation to the size of the stable.

B.

In the event that a future stable and corral set aside area, as required in subsection A above, is shown on a plan in connection with a request for a discretionary approval and is located in an area that would require the approval of a variance, the variance request shall be processed and approved concurrently with such discretionary approval.

C.

Area of property that was approved as a set aside area for a future stable and corral prior to September 7, 2011, may be developed for such purpose, providing all of the requirements of this chapter are met, including the requirement for a conditional use permit.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pt. G), 8-8-2011)

17.18.030 - Access and driveway.

A.

No less than a six-foot wide roughened surface or dirt vehicular accessway to the stable and corral area for delivery of feed and removal of waste shall be provided. Such accessway shall not exceed a slope of twenty-five percent. This accessway shall not be entirely paved.

B.

A vehicular approach taking access directly from a roadway, whether or not paved, shall be subject to approval by the Traffic Commission and shall not be considered a second driveway within the meaning of Section 17.16.040(A)(1) if it provides access exclusively to a stable or corral. For stables of one thousand square feet or larger, access shall comply with the Fire Department requirements.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

A.

The following animal-keeping uses and structures are permitted, provided that any and all required permits have been obtained (such as a building permit and a zone clearance pursuant to Chapter 17.44), that no grading is required and all Code requirements are met. These uses may be permitted only on property with a legally established single-family residence:

1.

Animal pen, cage, aviary, or similar small animal shelter subject to the following requirements:

a.

Up to three such structures may be permitted on any one lot, however, any one or combination of all such structures shall not exceed two hundred square feet.

b.

Such structures, when not exceeding a total of two hundred square feet, may be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable.

c.

The roof of such structures shall not exceed a peak height of eight feet and the average height shall not to exceed eight feet from the finished grade.

d.

Such structures shall not be located on a portion of the lot where the slope is greater than 4:1.

e.

Such structures shall not be permitted in the front yard or in the rear yard setback and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

f.

Such structures shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

g.

Such structures shall be used for the exclusive purpose of keeping permitted small domestic animals. Commercial uses are not permitted.

h.

Such structures shall be demolished and removed from the property within one year if no longer used for keeping of animals.

i.

Such structures shall not be counted towards structural, total or building pad coverage of the net lot for purposes of Chapter 17.16.

2.

Stable not greater than two hundred square feet, providing that except for the interior configuration, all requirements of Section 17.18.060 of this chapter are met.

3.

Run-in-shed subject to the following requirements:

a.

Up to two run-in sheds may be permitted on a property, the combined total size of which shall not exceed two hundred forty square feet and provided that a minimum of five hundred fifty square foot corral is also

provided.

b.

Run-in-shed may contain a water trough.

c.

Run-in-shed shall not be located on a portion of the lot where the slope is greater than 4:1.

d.

Run-in-shed shall not be permitted in the front yard or in the rear yard setback and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

e.

Run-in-shed shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house.

f.

Run-in-shed shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted.

g.

Run-in-shed, if no longer needed for keeping of animals, shall be maintained and kept in good condition and shall not be used for storage in such a way that it is visible from any street or neighbors.

h.

Run-in-shed shall be counted towards structural, total, building pad coverage and disturbed area of the net lot for purposes of Chapter 17.16.

4.

Roofed freestanding animal shelter open on all sides subject to the following requirements:

a.

Up to two freestanding animal shelters may be permitted on a property, the combined total size of which may not exceed two hundred forty square feet, but not for long-term keeping of animals and not a substitute for a stable.

b.

Such structure shall not be located on a portion of the lot where the slope is greater than 4:1.

c.

Such structure shall not be permitted in the front yard or in the rear yard setback and 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 side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line.

d.

Such structure shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

e.

Such structure shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted.

f.

Such structure, if no longer needed for keeping of animals, shall be maintained and kept in good condition and shall not be used for storage in such a way that it is visible from any street or neighbors.

g.

Such structure shall be counted towards structural, total, building pad coverage and disturbed area of the net lot for purposes of Chapter 17.16.

5.

Corral and paddock, not to exceed five hundred fifty square feet, subject to the following requirements:

a.

Corral and paddock shall not be located on a portion of the lot where the slope is greater than 4:1.

b.

Corral and paddock shall be fenced.

c.

Corral and paddock shall not be permitted in the front yard, and 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 side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line.

d.

Corral and paddock shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

e.

Corral and paddock shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses shall not be permitted.

f.

Corral and paddock do not have to be removed if no longer needed for keeping of animals, but shall not be paved.

g.

Corral and paddock are not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16.

6.

Turnout, subject to the following requirements:

a.

Turnout shall not be located on a portion of the lot where the slope is greater than 4:1.

b.

Turnout shall be fenced.

c.

Turnout shall not be permitted in the front yard, and 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 side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line.

d.

Turnout shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

e.

Turnout shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted.

f.

Turnout does not have to be removed if no longer needed for keeping of animals, but shall not be paved.

g.

Turnout is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pt. J), 8-8-2011)

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.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

17.18.060 - Requirements for stables requiring conditional use permit.

All stables over two hundred square feet shall meet the following requirements:

A.

General requirements and uses:

1.

The building occupied by a stable shall be designed for rural and agricultural purpose only.

2.

Stable structure shall not be permitted in the front yard, and 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 side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line.

Minimum of sixty percent of the entire structure shall be maintained for agricultural space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5).

4.

Maximum of forty percent, but not to exceed eight hundred square feet, of the entire structure may be maintained as tack room space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). Tack room may be detached from the main stable structure.

5.

Notwithstanding any other provision of this chapter, an existing stable, legally constructed prior to the effective date of the ordinance from which this chapter derives (August 12, 2010), which has a loft area that is maintained as a tack room and the loft area comprises more than forty percent of the size of the first floor may continue to be maintained provided that the area of the loft used as a tack room does not exceed eight hundred square feet, that no other tack room exists on the property and the remaining of the structure and its uses are in compliance with the remaining sections of this chapter.

6.

When calculating the size of the stable, the entire footprint including the loft area shall be included, as measured from the exterior of the walls.

7.

If there is more than one stable building on a lot, the tack room space shall be calculated as a percentage of the entire square footage of the structures and such tack room space may only be located in one of the structures; notwithstanding the above, it may not exceed eight hundred square feet.

8.

Covered porch shall not be included in the size of the stable for the purpose of calculating the agricultural and tack room space of the stable.

9.

Stables shall not be used as sleeping quarters for humans.

10.

Stables shall be used for the exclusive purpose of keeping permitted domestic animals and related storage and uses, unless otherwise permitted by this chapter. Commercial uses shall not be permitted.

B.

Exterior appearance of stables and areas immediately adjacent thereto:

1.

Whether or not the stable is used for keeping permitted domestic animals, the exterior of the stable structure shall continue to appear as a stable.

2.

Areas adjacent to the agricultural space entrance/exit of a stable may have a porous, roughened surface but may not be paved. It shall remain such or may be covered with grass or other low growing ground cover during the time when the agricultural space is not used for keeping of horses or other animals.

3.

A porous surface (not paved) may be provided by the access to the tack room space of the stable.

4.

The surface area of a corral, pen, paddock, turnout or riding ring shall be covered with dirt or sand surface. It shall remain such or be planted with grass or other low growing ground cover during the time when the stable structure is not used for keeping of horses or other animals.

C.

Tack Room Space.

1.

Tack room shall only be used for activities that impact the senses in a manner similar or less than that of traditional stable activities. Furthermore, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited. Such permitted activities shall be deemed to be "passive activities" for the purpose of this chapter.

2.

Tack room shall not be used as sleeping quarters for humans.

3.

Tack room shall not exceed forty percent of the size of the stable, including the size of the loft, if any, except as specified in Section 17.18.060(A)(5) and may not exceed eight hundred square feet.

4.

Tack room may contain furniture, excluding beds.

5.

Tack room may have finished floors, walls and ceiling.

6.

Tack room may have glazed (glass) window openings.

Tack room may have standard size doors.

8.

Tack room may have amenities such as air conditioning, heating, electrical and phone outlets.

9.

Tack room may have a kitchenette and sanitary facility, including shower, sink and toilet.

10.

Building and Safety Department review and building permits shall be required for all modifications.

11.

All modifications and retrofitting of the tack room space shall be made in such a manner so that it could be convertible to a tack room, at such time as the structure is to be used for keeping of animals.

12.

Tack room may be detached from the main stable structure, however it shall meet all the requirements for a tack room as specified in this section.

D.

Agricultural Space Within the Stable.

1.

Agricultural space shall be no less than sixty percent of the size of the stable including the size of the loft, if any, except as specified in Section 17.18.060(A)(5). Agricultural space may contain, but not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and utilities storage area and other equestrian and agricultural spaces. The agricultural space may be used for storage of vehicles and general household items, but shall have a stable like appearance.

2.

Entry doorways to the stalls shall be a minimum of four feet wide and seven and one-half feet high.

3.

The exterior doors shall provide the appearance of a stable door.

4.

Roll up or overhead doors are prohibited.

Ventilation and drainage facilities shall be subject to building code requirements.

6.

Safety electrical outlets with covers may be installed, however they shall be located out of horses' reach when the space is used for keeping of horses.

7.

Glazed (glass) window openings may be permitted during a time when the stable is not used for keeping of animals, but shall be removable for easy conversion to animal keeping uses.

E.

Loft Space within a Stable.

1.

Loft may be permitted above a stable structure.

2.

Loft may be used and counted as part of the agricultural space or as a tack room space, provided it meets the agricultural or tack room space requirements of Section 17.18.060(C) and (D)).

3.

Loft may not be used as a tack room, if another tack room exists within the stable structure or elsewhere on the property.

4.

Glazed (glass) window openings shall not be allowed in a loft if a loft is used for storage of hay, feed or other agricultural use. Notwithstanding the above, if the loft is used as other storage or working area or as a tack room, then removable glazed openings may be allowed.

5.

The plate height for the wall of the loft shall be no greater than seven feet.

6.

If a loft is constructed in such a way that access is provided from the exterior, the area immediately adjacent to the exterior of the loft shall not be paved, but may have a porous surface.

7.

The area immediately adjacent to the exterior of the loft shall not be used for parking of vehicles, except for vehicles delivering agricultural goods and equipment.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pts. H, I, K), 8-8-2011; Ord. No. 332, §§ 8C, D, 1-14-2013)

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 3.5 acres, as measured by excluding roadway easements.

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.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 343, § 8, 6-22-2015)

17.18.080 - Requirements for wildlife rehabilitation facility.

Wildlife rehabilitation facility shall meet the following requirements:

1.

Shall not be located on lots of less than five acres.

2.

The combined square footage of structures devoted to the rehabilitation activities shall not exceed eight hundred square feet.

3.

Shall comply with all requirements of the California Department of Fish and Game, Wildlife Rehabilitation Program permitting and construction requirements. Proof of approval to construct and proof of approval to conduct wildlife rehabilitation activities from all appropriate state agencies shall be provided to the City prior to issuance of a building permit.

4.

The roof shall not exceed a peak height of twelve feet and average height not to exceed ten feet from the finished grade.

5.

Shall not be located on a portion of the lot where the slope is greater than 4:1.

6.

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.

7.

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.

8.

Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California and the rehabilitation thereof. Commercial uses shall not be permitted.

9.

Every two years from the approval of a wildlife rehabilitation facility, the property owner shall file with the City a statement of continuance of the wildlife rehabilitation activities. If such use is discontinued for two years, the wildlife rehabilitation facility shall be removed.

10.

The rehabilitation facility shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16.

11.

The rehabilitation facility shall 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.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

17.18.090 - Requirements for corrals greater than five hundred fifty square feet.

Notwithstanding Section 17.18.060(B)(4) of this chapter, corrals greater than five hundred fifty square feet shall meet the following requirements:

1.

Corral shall be fenced.

2.

Corral shall not be located on a portion of the lot where the slope is greater than 4:1.

3.

Corral shall not be permitted in the front yard of the lot and 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, no less than twenty-five feet from the side roadway easement line and no closer than twentyfive from the rear property line.

4.

Corral shall be contiguous to a stable.

5.

Corral shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

6.

Corral shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses shall not be permitted.

7.

Corral does not have to be removed if no longer needed for keeping of animals, but shall not be paved.

8.

Corral is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

Notwithstanding Section 17.18.060(B)(4) of this chapter, horseback riding rings shall meet the following requirements:

1.

Horseback riding ring shall be fenced.

2.

Horseback riding ring shall not be located on a portion of the lot where the slope is greater than 4:1.

3.

Horseback riding ring shall not be permitted in the front yard of the lot and 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, no less than twenty-five feet from the side roadway easement line and no closer than twenty-five feet from the rear property line.

4.

Horseback riding ring shall be located a minimum of thirty-five feet from any residential structure, including attached garage or a guest house.

5.

Horseback riding ring shall be used for the exclusive purpose of keeping and exercising permitted domestic animals. Commercial uses shall not be permitted.

6.

Horseback riding ring does not have to be removed if no longer needed for keeping of animals, but shall not be paved. It shall be kept in good repair at all times.

7.

Horseback riding ring is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 332, § 8E, 1-14-2013)

17.18.110 - Measuring distances between uses.

A.

The distance from a stable structure to any residential structure, including attached garage and guest house shall be measured from the footprint of the stable covered porch, or if no porch then from the footprint of the stable to the nearest footprint of the structure.

B.

The distance from pen, paddock, corral, turnout, riding ring, aviary and similar uses shall be measured from the footprint of the outermost fence to the nearest footprint of the residential structure including attached garage and guest house.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

17.18.120. - Non-permitted materials.

Animal shelters shall not be covered with plastic, canvas or other fabric.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

17.18.130 - Maintenance requirements.

A.

Stables and related areas shall be maintained in sanitary conditions.

B.

Animal waste shall not be allowed to accumulate, runoff or leach as to create a nuisance or be offensive to other persons in the vicinity. Animal manure shall be regularly disposed of in an approved manner or be composted.

C.

Each structure and related areas for keeping of animals shall be maintained so that there is no standing surface water or ponding within areas in which animals are kept.

D.

No stable or related areas for the keeping of animals shall be constructed or maintained in any regular, intermittent or seasonal watercourse or in a drainage course.

E.

Stables and related areas shall comply with all requirements of Chapter 8.32 relating to storm water and urban runoff pollution control measures, including the implementation of good housekeeping provisions.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010)

A.

All stables, and animal-keeping buildings, structures and enclosures that do not conform to the provisions of this chapter due to the size of the agricultural and the tack room space, plate height of the loft, size of corral and access, or other requirements of this chapter but which were legally constructed prior to September 7, 2011, shall be considered legal nonconforming. If modifications were made to such legal nonconforming stables and animal-keeping structures without required building permits, then such permits shall be obtained as required in subsection (D) below.

B.

Legal nonconforming stables and animal-keeping structures, as described in subsection (A) above, may be remodeled, repaired, reroofed and generally maintained within the existing footprint of such structures. However, any addition or expansion shall conform to the requirements of this chapter, including the provision for obtaining a conditional use permit.

C.

If a legal nonconforming stable and related structure, as described in subsection (A) above, is destroyed by fire, explosion, earthquake or other casualty, it may be reconstructed subject to the requirements of Section 17.24.050(D).

D.

Any modifications made to an existing, legally constructed stable prior to September 7, 2011, including windows, doors, electrical, plumbing, roofing, walls and all other improvements that are not reflected on an approved plan and/or for which building permits were not obtained from Building and Safety Department, but which meet the requirements of this chapter, including size of the interior spaces and uses, shall be submitted for review and approval by the City and building permits obtained. If the modified stable meets the requirements of this chapter, a conditional use permit shall not be required.

E.

If a stable existing prior to September 7, 2011, is larger than eight hundred square feet and is used for other than the permitted uses enumerated in this chapter, the property owner may apply for a conditional use permit to legally convert that structure to a permitted mixed use structure, subject to the requirements of Section 17.16.210(6) of this title, providing that the area used for other than the agricultural use is not greater than eight hundred square feet, and providing that the remaining structure meet the requirements of this title. The Planning Commission may limit such conversion to a specific use and/or require modifications to the structure, such as, but not limited to, relocating doors, windows and other features, so that adjacent neighbors are not adversely affected. Such conversion and construction shall be subject to building code requirements and a building permit shall be obtained.

F.

If a stable was legally constructed as of September 7, 2011, with a loft, and the stable is not used for the permitted uses enumerated in this chapter, the structure and the loft shall be modified to meet the requirements of this chapter. Pursuant to the requirements of Section 17.18.060 of this chapter, the loft area may be used for a tack room with the remaining structure being used for agricultural uses including storage. If the lower portion of the structure contains a tack room, the loft may only be used for storage of

agricultural and households goods and shall not have a kitchenette or other plumbing facilities. Such conversion or modification shall be subject to building code requirements and a building permit shall be obtained.

G.

All properties having stables and other animal keeping structures shall be brought into compliance with the requirements of this chapter by September 7, 2013. Residents may request a compliance inspection of their stable and animal keeping uses on their property to be conducted by the City up until September 7, 2013.

H.

Notwithstanding subsections (A) through (G) above, property owners of stables that do not conform to the provisions of this chapter due to the size of the agricultural and the tack room space, plate height of the loft, size of corral and access, or other requirements of this chapter, and that were constructed or modified prior to September 7, 2011 and/or were used for a purpose other than animal-keeping prior to September 7, 2011, may apply for a "stable use permit" granting such structures the legal right to exist under this code that runs with the land, with not having to provide additional area for a set aside for a future stable and corral, if the following requirements are met:

1.

The structure is not larger than eight hundred square feet.

2.

The structure has one story only.

3.

The owner pays a fee set by a resolution of the City Council that reimburses the City for the reasonable costs of this permit.

4.

Owner consents to an inspection including photographic records of the current structure of the current use.

5.

Owner must apply for and obtain building permits for any and all portions of the structure that were modified without building permits.

6.

The structure shall not be located in a setback or front yard, except if in the permitted rear setback.

7.

The structure shall not be used for sleeping.

The structure shall have a stable-like appearance from the exterior.

9.

The structure shall not be modified further unless it is to accommodate animals or to repair, remodel re-roof or generally maintain such structure within the existing footprint.

10.

The structure shall only be used for passive or animal keeping activities.

11.

There is an area adjacent to the structure usable for a corral.

The City Manager shall be authorized to approve, conditionally approve or deny the stable use permit on the basis of whether the requirements of this subsection (H) are met, providing the applicant submitted signed statements from at least one owner of each adjacent property and shall state that the owner is in support of the use. If such statement is not submitted from at least one owner of each adjoining property then a hearing shall be scheduled before the Planning Commission. Written notice shall be sent by regular mail to all adjacent property owners a minimum of ten days prior to said hearing. After such a hearing is held, the Planning Commission shall be authorized to approve, conditionally approve or deny a stable use permit on the basis of whether the requirements of this subsection are met.

I.

Notwithstanding any other provision in this code, if an existing stable structure or portion thereof is currently used as sleeping quarters, a guest house or any other use not permitted in this chapter, such use shall cease.

(Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pt. L), 8-8-2011)

Chapter 17.19 - RANCHO DEL MAR HOUSING OPPORTUNITY OVERLAY ZONE

Sections:

The Rancho Del Mar Housing Opportunity Overlay Zone (RDMO) is established by this chapter to:

A.

To provide regulations that implement the goals and policies of the general plan and other similar longrange planning documents aimed at encouraging mixed-use development within the City. The RDMO zone is further intended to serve as an implementation tool of the City's land use and housing elements of the general plan by facilitating further residential development.

B.

The RDMO zone has the following major objectives:

1.

Create "by-right" opportunities for housing;

2.

Implement state laws that require cities to demonstrate available land capacity and zoning tools to accommodate the City's current and projected need for housing;

3.

Facilitate well-designed development projects that combine residential and nonresidential uses (e.g., office, transit facility and other community amenities) to promote a better balance of jobs and housing;

4.

Encourage development that provides attractive features (e.g., landscaping, public spaces, courtyards, etc.) designed to integrate the public realm (e.g., right-of-way, walking path, etc.) with development on adjacent private property.

(Ord. No. 369, § 2, 2-22-2021)

The RDMO applies to 38 Crest Road West, Rolling Hills, California.

(Ord. No. 369, § 2, 2-22-2021)

17.19.030 - Uses permitted.

No lot, premises, building, or structure shall be used for any use or purpose other than the following:

A.

Affordable Multi-family+⁁;

B.

Affordable Senior housing+;

C.

Emergency Shelter+;

D.

Single Room Occupancy*;

E.

Daycare;

F.

School facilities*;

G.

Transit facilities*.

*Requires Conditional Use Permit (RHMC Chapter 17.42)

+Requires Zone Clearance Permit (RHMC Chapter 17.44)

⁁Requires compliance with Government Code Section 65583.2(h)

(Ord. No. 369, § 2, 2-22-2021; Ord. No. 378, § 3, 8-8-2022)

17.19.040 - Development standards for single room occupancy.

A.

Single Room Occupancy Defined. "Single room occupancy (SRO) facility" means a facility operated by a provider with six or more dwelling units for persons of lower income where each unit has a minimum floor area of two hundred fifty square feet and a maximum floor area of three hundred fifty square feet. These dwelling units must be offered on a monthly basis or longer. For the purposes of this definition, a "provider" means a government agency or private nonprofit organization that provides or contracts with recognized community organizations to provide SRO housing, and "lower income" has the meaning set forth in Health and Safety Code Section 50079.5.

B.

SRO housing shall conform to the following requirements:

1.

SRO housing shall be limited to a total maximum number of eight units.

2.

Occupancy shall be limited to maximum two persons per unit.

3.

Each SRO unit shall be provided with the following minimum amenities:

i.

Kitchen sink with garbage disposal.

ii.

A toilet and sink located in a separate room within the unit that is a minimum twenty square feet.

iii.

One closet per person.

iv.

Telephone and cable TV hookups.

4.

If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven units on the same floor, with doors lockable from the inside.

5.

If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator.

6.

If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer on the premises.

7.

On-site management shall be provided.

8.

Off-street parking shall be provided at the rate of one-half spaces per unit, plus one space for each employee on duty.

(Ord. No. 369, § 2, 2-22-2021)

17.19.050 - Development standards for emergency shelter.

A.

Operational Requirements. An application for a permit to establish and operate an emergency shelter shall be accompanied by a management and operations plan, which shall establish hours of operation, staffing levels, maximum length of stay, size and location of exterior and interior on-site waiting and intake areas, and security procedures.

B.

Developmental Requirements. Emergency Shelters shall conform to the following requirements:

Maximum of twelve beds.

2.

Minimum separation of three hundred feet between emergency shelters.

3.

Facility Requirements.

i.

Each occupant shall be provided a minimum of fifty square feet of personal living space, not including space for common areas.

ii.

Bathing facilities shall be provided in quantity and location as required by the California Plumbing Code (Title 24 Part 5), and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2).

iii.

Shelters must provide a storage area for refuse and recyclables that is enclosed by a six-foot-high landscape screen, solid wall, or fence, which is accessible to collection vehicles on one side. The storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.

iv.

The shelter may provide one or more of the following specific facilities and services on site, including but not limited to:

(1)

Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;

(2)

Dining area;

(3)

Laundry room;

(4)

Recreation room;

(5)

Support services (e.g. training, counseling, etc.); and

(6)

Child care facilities.

v.

On-Site Waiting and Intake Areas. A minimum of five percent of the total square footage of a shelter shall be designated for indoor on-site waiting and intake areas to accommodate drop off, intake, and pickup. In addition, an exterior waiting area shall be provided, the minimum size of which is equal to or larger than the minimum interior waiting and intake area.

vi.

Off-Street Parking. One space of off-street parking shall be provided for each staff person on duty.

(Ord. No. 369, § 2, 2-22-2021)

17.19.060 - Development standards for multifamily residential.

A.

All multifamily residential projects shall be located west of the improved portion of the PVPTA Facility and south of the access road.

B.

All multifamily residential projects shall comply with the following development standards:

Table 17.19.050A

Multifamily Residential Development Standards—Rancho Del Mar Housing Opportunity Overlay Zone (RDMO)

Abbreviations: sq. ft. = square feet; ft. = feet or foot

(Ord. No. 369, § 2, 2-22-2021)

17.19.070 - Parking regulations.

All allowed uses identified in Section 17.19.030 shall comply with the following:

A.

Parking standards:

Table 17.19.070A

Parking Standards - Rancho Del Mar Housing Opportunity Overlay Zone (RDMO)

B.

Reduced Parking. The Planning Commission and City Council may reduce the required parking after considering documentation and a study provided by the applicant showing infeasibility of providing required parking. Staff's recommendation shall give weight to all relevant facts, including but not limited to the following: availability and accessibility of alternative parking; impact on adjacent residential

neighborhoods; existing or potential shared parking arrangements; the characteristics of the use, including hours of operation and peak parking demand times; design and maintenance of off-street parking that will be provided; and whether the proposed use is new or a small addition to an existing use. Required parking shall comply with State law for affordable housing units.

C.

Electric Vehicle Charging Stations. In accordance with the California Green Building Code (CALGreen Code), new buildings shall be electric vehicle charging station ready. This requires residential properties to provide one 120V AC 20 amp and one 208/240V 40 amp, grounded AC outlet for each required parking space. The number of required parking spaces for electric vehicle charging shall be as follows:

Table 17.17.080B

Electric Vehicle Charging Station Standards - Rancho Del Mar Housing Opportunity Overlay Zone (RDMO)

(Ord. No. 369, § 2, 2-22-2021)

17.19.080 - Multifamily residential frontage type regulations.

A.

Elevation of Ground Floor.

1.

The elevation of the ground floor shall be elevated above the grade of the lot to provide privacy for residences by preventing direct views into the home from the sidewalk.

2.

The ground floor elevation shall be located within five feet of the ground surface of the adjacent sidewalk or walkway.

B.

Minimum Ground Floor Ceiling Height. Ten feet minimum (floor-to-floor height).

C.

Ground Floor Unit Entrances.

1.

Entrances and windows shall be provided on the front of the facade to provide eyes on the street and direct sidewalk access to the building.

Entrances to ground floor units that have street frontage may be provided through a common lobby entrance and/or by private entrances from the adjacent sidewalk.

D.

Upper Floor Unit Entrances. Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a facade fronting a street.

E.

Recessed Entrances. Entrances may be recessed into the facade.

F.

Stoops and Front Porches.

1.

Stoops and front porches may be provided in front of building and unit entrances.

2.

Stoops and front porches may project up to five feet from the facade and project into the setback.

G.

Projecting Elements (Balconies, Roof Overhangs, Shade Structures, and Bay Windows). Projecting Elements on upper floors may project four feet from the facade and project into the setback.

H.

Sidewalk and Setback Treatment.

1.

The public sidewalk shall be improved with street trees with an average spacing of thirty feet on-center and pedestrian-scaled lights not to exceed thirty inches in height and maximum twenty-five Watts.

2.

If the front facade is setback from the public sidewalk, the setback shall be landscaped (excluding stoops/front porches and paved paths to building entrances).

(Ord. No. 369, § 2, 2-22-2021)

17.19.090 - Multifamily Residential usable open space regulations.

A.

Usable Open Space Defined. Usable open space areas are an open area or an indoor or outdoor recreational facility which is designed and intended to be used for outdoor living and/or recreation. Usable

open space shall not include any portion of parking areas, streets, driveways, pedestrian paths, or turnaround areas.

B.

Usable Open Space Amenities/Facilities.

1.

Each multifamily residential project shall include one usable open space amenity. Each square foot of land area devoted to a usable open space amenity shall be credited as common open space on a 1:1 basis.

2.

The following listed recreational amenities satisfy the above recreational amenity requirement:

i.

Clubhouse.

ii.

Gym.

iii.

Children's playground equipment.

iv.

Day care facility.

v.

Other recreational amenities deemed adequate by the Planning and Community Services Director.

(Ord. No. 369, § 2, 2-22-2021)

17.19.100 - Multifamily residential public space amenities requirements.

A.

Each multifamily residential project shall include a public open space amenity. Each square foot of land area devoted to a public space amenity shall be credited as common open space on a 1:1 basis.

B.

The following listed public space amenities satisfy the above public space amenity requirement:

1.

Formal Plazas. A formal plaza would be a publicly accessible open space which has a design that is influenced by classical urban planning design. A formal plaza would typically include some sort of central water fountain and/or symmetrical landscaping.

2.

Gardens. A garden can be located on the ground level or on upper levels of a structure. Urban gardens include ornamental landscaping arranged in raised or at-grade planters or planting areas, potted plants, and trees. Many times there are sculptures or other forms of public art that are included within the urban garden.

3.

Covered Colonnades. Colonnades are linear in design and generous in depth. The intent is to provide a comfortably wide, covered pathway that is adjacent to the openings of a building. Sometimes the second floor of a building is utilized to create the "covered" element of the colonnade.

4.

Pedestrian Alleys and Walkways. A pedestrian alley or walkway is typically a "lane" that does not follow the alignment of a vehicular street, but provides a pedestrian access to either a public space or some other feature within the interior of a development. Pedestrian alleys or walkways must be designed in such a manner so as to be inviting to pedestrians. Therefore, issues such as lighting, security, line of sight, cleanliness and visual appeal are important considerations to a well-designed pedestrian alley or walkway. Sometimes public art, street furniture, and access to public spaces are features of pedestrian alleys and walkways.

5.

Bicycle Storage Areas. All developments shall provide common bicycle racks or storage areas for the residents as follows: two bicycle racks or storage units for every five dwelling units.

(Ord. No. 369, § 2, 2-22-2021)

17.19.110 - Multifamily residential operational and compatibility standards.

A.

Trash Enclosures. Enclosures shall be required for refuse and recycling bins and there location shall be clearly indicated on required site plan. Outside trash enclosures shall be a minimum six feet in height and shall be architecturally compatible with main building. Enclosures are not permitted in required front yard or street side yard setback area.

B.

Landscaping. Landscaping shall comply with RHMC Chapter 13.18 (Water Efficiency).

C.

Screening and Buffering—Mechanical Equipment and Trash Facilities. All mechanical equipment, heat, and air-conditioning equipment shall be architecturally screened from view and buffered and trash facilities shall be screened and buffered.

D.

Sound mitigation. Residential dwelling units shall be designed to be sound attenuated against present and future project noise. New projects or new nonresidential uses in existing projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.

(Ord. No. 369, § 2, 2-22-2021)

Chapter 17.20 - PUBLIC FACILITIES (PF) ZONE

Sections:

17.20.010 - Intent and purpose.

The intent and purpose of the public facilities (PF) zone is to provide suitable areas within the City for the location of necessary community facilities and public services.

(Ord. 239 § 11(part), 1993).

17.20.015 - Index of permitted uses.

Appendix A of this title contains an Index of Permitted Uses which summarizes use regulations for all zones. This index supplements Sections 17.20.020 through 17.20.040. In the event of any conflict, the regulations of Sections 17.20.020 through 17.20.040 shall govern.

(Ord. 239 §11(part), 1993).

The following uses are permitted in the PF zone:

A.

Civic center;

B.

Gatehouses;

C.

Recreational facilities.

(Ord. 239 §11(part), 1993).

17.20.030 - Accessory uses.

The following uses are permitted as accessory uses to a use which is permitted either by right or by conditional use permit:

A.

Off-street parking.

(Ord. 239 §11(part), 1993).

17.20.040 - Conditional uses.

The following uses are permitted as primary uses provided a conditional use permit has been issued pursuant to the provisions of Chapter 17.42 of this title.

A.

Elementary schools offering State-mandated curriculum;

B.

Fire stations;

C.

Golf courses and other municipal recreation areas;

D.

Parks and playgrounds;

E.

Public utility buildings or structures, including reservoirs and tanks, necessary for the provision of essential utility services to permitted uses in the City, but excluding wires, pipelines, and poles. Cellular antenna specifically are not permitted;

F.

Police stations;

G.

Public libraries and museums;

H.

Public structures determined by the Planning Commission and City Council to be necessary for the community;

I.

Recycling centers.

(Ord. 239 §11(part), 1993).

Site plan review shall be required for development in the PF zone pursuant to the provisions of Chapter 17.46.

(Ord. 239 §11(part), 1993).

The minimum lot width shall be one hundred fifty feet.

(Ord. 239 §11(part), 1993).

Structures may not cover more than thirty-five percent of the net lot area, although the actual coverage allowed for individual uses shall be established through the site plan review and conditional use permit processes.

(Ord. 239 §11(part), 1993).

A.

Setbacks shall be established on an individual project basis through the site plan review and conditional use permit processes.

B.

Any structure which has direct vehicular access to any right-of-way shall be located no less than twenty feet from the right-of-way; any other setback requirements which exceed this standard shall supersede this standard.

(Ord. 239 §11(part), 1993).

No building shall have more than one story, meaning there shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 13), 6-11-2012)

The amount of required parking shall be determined on an individual project basis through the site plan review or conditional use permit process.

(Ord. 239 §11(part), 1993).

17.20.110 - Signs.

A.

The number of identification signs for onsite uses shall be limited to two signs.

B.

The total area of such signs shall not exceed three square feet; the sign shall be fastened to a wall of the building which houses the use and shall not project from any wall more than four inches.

(Ord. 239 §11(part), 1993).

Per the requirements of the City's Building Code (Title 15 of the Municipal Code), no export of cut materials nor import of fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted pursuant to Title 15.

(Ord. 239 §11(part), 1993).

City-owned properties, and structures shall be exempt from the provisions of this chapter.

(Ord. 239 §11(part), 1993).

(Ord. No. 330, §§ 6(1), (2), 10-22-2012)

Editor's note— Section 6(2) of Ord. No. 330, adopted Oct. 22, 2012, changed the title of § 17.20.130 from "Exceptions for city structures" to "Exceptions for city properties."

Chapter 17.24 - NONCONFORMING USES AND STRUCTURES

Sections:

The City recognizes that certain property rights are associated with nonconforming uses and structures, but that those rights must be exercised in a manner which is not detrimental to public health, safety and general welfare. This chapter establishes regulations intended to ensure the protection of all rights toward these ends.

(Ord. 239 §11(part), 1993).

Nonconforming uses and structures may continue to be used and maintained in accordance with the provisions of this chapter. Illegal uses or structures shall have no such rights and shall be made conforming or shall be removed.

(Ord. 239 §11(part), 1993).

17.24.030 - Limits on nonconforming uses.

The following limits shall apply to nonconforming uses:

A.

As long as a nonconforming use exists on a lot, no new use may be established on that lot even if such other use would be a conforming use.

B.

Nonconforming uses may be continued, provided that such use is not expanded or extended into any other portion of the building it occupies, nor any structural alterations to the building are made, except those required by law.

C.

If a nonconforming use is discontinued for any period of time, the legal nonconforming rights of that use shall cease, and any future use of the building shall conform to the provisions of this title.

(Ord. 239 §11(part), 1993).

17.24.040 - Limits on structures nonconforming due to standards.

The following limits shall apply to structures nonconforming due to standards contained in this title:

A.

A nonconforming structure may not be expanded or altered in any way that would increase the nonconformity.

B.

Legal, conforming additions to nonconforming structures may be made without bringing the existing nonconforming portion into conformance with the provisions of this title. However, in the design of the addition, attempts should be made, where feasible, to reduce or eliminate the nonconformity.

C.

An existing accessory structure which is a legal nonconforming structure, due to its size, may be brought into conformity with the provisions of this title; specifically, where the size of the legal nonconforming structure is reduced through the conversion of an adequate portion of the legal nonconforming accessory structure into a legal accessory dwelling unit (pursuant to Chapter 17.28 of this title).

(Ord. 239 §11(part), 1993).

(Ord. No. 358, § 3, 2-12-2018)

• 17.24.045 - Dwelling units nonconforming due to setbacks on smaller lots.

A.

Notwithstanding the provisions of Sections 17.24.040, 17.24.050 and 17.24.060, the following reduced setback limits shall apply to properties in the RAS-1 zoning district having a lot area of 1.25 acres or less, excluding roadway easement(s), and developed with single-family dwelling structures existing as of May 23, 2012, that have nonconforming setbacks, subject to the conditions set forth in subsection (B) below:

1.

A front yard setback line for a reconstructed single-family dwelling unit shall be either: (a) no less than fifty feet from the front roadway easement line or (b) up to the footprint of the existing legally permitted residence, whichever is less, except that in no place shall the front yard setback line be less than thirty feet from the front roadway easement line.

2.

An interior side yard setback line shall be no less than twenty feet from the side property line, except that if a portion of an existing single-family dwelling is located less than twenty feet from the side yard setback line, the side yard setback line may be the footprint of the existing legally permitted residence, except that in no place shall the side yard setback line be less than ten feet from the side yard property line.

3.

A street side yard setback line shall be no less than ten feet from the street side roadway easement line.

B.

The reduced setback requirements set forth in this section shall be permitted subject to the following conditions:

1.

The reduced setback requirement applies only to single-family dwellings and not accessory structures. Attached garages are deemed to be part of the single-family dwelling for purposes of this chapter.

2.

The single-family dwelling must comply with all other requirements of this title to apply the less restrictive setback requirement of this section.

3.

Projections beyond the reduced setback lines set forth in this section shall only be permitted as follows:[[4]]

a.

Projecting architectural features shall not be permitted beyond the reduced setback lines set forth in this section except that eaves or roof overhang may project to a maximum two feet; and

b.

Uncovered projecting porches may extend beyond the reduced setback lines set forth in this section no more than four feet.

4.

Front Yard Landscaping. A minimum of sixty percent of the front yard area shall be maintained as landscaped area. Front yard shall be as is defined in Section 17.12.250 "Y".

5.

Driveways. Only one driveway approach shall be permitted.

(Ord. No. 326, § 9 (Exh. A, Pt. II), 4-23-2012)

Footnotes:

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Note— Refer to Section 17.16.140 for the standards for permitted projections that apply in the absence of a more restrictive standard set forth in this chapter.

A.

Residential Structures. Any nonconforming primary residential structure in the RA-S zone, which is damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, may be reconstructed to the conditions that existed prior to the casualty provided the structure existed as a legally established structure. An addition of no more than nine hundred ninety-nine square feet may be allowed provided the added area complies with the provisions of this title. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost.

B.

All Other Structures, Except Stables. Any nonconforming structure, except as defined in subsections (A) and (D) of this section, destroyed by fire, explosion, earthquake or other casualty or act of God or the public enemy may be restored to the conditions that existed prior to the casualty and the occupancy and use of that structure resumed, provided the structure existed as a legally established structure and provided such destruction does not exceed fifty percent of the assessed value of the structure. The records of the Los Angeles County Assessor for the fiscal year in which the destruction occurred shall be used in determining the assessed value, and said value shall include only property improvements. All such

construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost.

C.

Site plan review, or other discretionary permit, shall not be required for reconstruction as set forth in subsections A and B of this section.

D.

Stables. Any nonconforming stable partially or totally destroyed by fire, explosion, earthquake or other casualty or act of God or the public enemy may be restored to the conditions that existed prior to the casualty and the use of the stable resumed, provided the stable existed as a legally established stable and provided that building permits are obtained for the reconstruction and/or repairs. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion, except that stables destroyed by the August 2009 fire may be repaired and/or reconstructed and construction completed by August 31, 2013. Otherwise, the legal nonconforming status shall be lost.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 239 §11(part), 1993).

(Ord. No. 324, § 9 (Exh. A, Pts. M, N), 8-8-2011; Ord. No. 326, § 9 (Exh. A, Pt. IV.1), 4-23-2012)

Ordinary maintenance and repair of a nonconforming structure or of a building containing a nonconforming use shall be permitted as necessary to ensure the protection of general health, safety, and welfare. Ordinary maintenance and repair includes painting, plumbing repair and repairs necessary to meet property maintenance and public health regulations.

(Ord. 239 §11(part), 1993).

The provisions of this chapter shall apply to structures, land and uses which hereafter become nonconforming due to any reclassification of zones or change in development standards governed by this title.

(Ord. 239 §11(part), 1993).

Nothing contained in this title shall be construed or applied to prevent the expansion, enlargement, modernization or replacement of legally established public service and public utility buildings and uses, provided such modifications do not change the land use or increase the land area so used.

(Ord. 239 §11(part), 1993).

Chapter 17.26 - VIEW PRESERVATION[[5]]

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Footnotes:

Editor's note— Ord. No. 354, § 7(Att. A(2)), adopted Oct. 23, 2017, repealed Ch. 17.26 in its entirety, and enacted new provisions to read as herein set out. Former Ch. 17.26, §§ 17.26.010—17.26.090 pertained to similar subject matter, and derived from Ord. No. 239, § 11, adopted in 1993; Ord. No. 292, §§ 4, 5, adopted in 2003; Ord. No. 295, § 7, adopted in 2004; Ord. No. 333, (Measure B), adopted March 18, 2013; Ord. No. 346, §§ 6B—F, adopted Feb. 8, 2016; and Ord. No. 357, (Measure C), adopted Nov. 27, 2017.

The City recognizes the contribution of views to the overall character and beauty of the City. Views of the Pacific Ocean, Catalina Island, City lights and Los Angeles Harbor are a special quality of property ownership for many residential lots in the City. The City also recognizes the desire of many of its residents and property owners for beautiful and plentiful landscaping, including trees; and to preserve the landscaping that existed on a property at the time the property was purchased. The City realizes that this desire may sometimes conflict with the preservation of views, and that disputes related to view obstruction are inevitable. Owners and residents should maintain trees on their property in a healthy condition for both safety reasons and for preservation of outward views. Before planting trees, owners and residents should consider view blockage. By this chapter, the City establishes a process by which persons may seek to preserve and restore views which existed at any time since they purchased the property from unreasonable obstruction by the growth of vegetation. By this chapter the City also establishes a list of factors to be considered in determining appropriate actions to restore views while preserving the rights of property owners by not unreasonably reducing privacy or shade or other benefits provided by vegetation on a property. When a view obstruction dispute arises, the parties should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise and other traditional means, such as discussions with the appropriate neighbors. Those disputes which are not resolved through such means shall follow the procedure established herein.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

17.26.020 - Definitions.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Crown" means the upper part of a tree, measured from the lowest branch, including all the branches and foliage.

"Crown raising" means the selective removal of lower limbs from a tree crown to provide clearance.

==> picture [276 x 126] intentionally omitted <==

"Crown reduction" means the method of reducing the height and/or spread of a tree crown by making appropriate pruning cuts. This definition also includes reducing the top, sides or individual limbs of a tree by means of removal of the longest portion of limbs to a lateral limb large enough to assume the tree's growth.

==> picture [168 x 211] intentionally omitted <==

"Heading back" means cutting a shoot back to a bud or cutting branches back to buds, stubs, or lateral branches not large enough to assume apical dominance.

==> picture [144 x 208] intentionally omitted <==

"Lacing" means the selective removal of live branches to provide light or air penetration through the tree or to lighten the weight of the remaining branches.

==> picture [336 x 208] intentionally omitted <==

"Maintenance" means pruning a tree with the primary objective of preserving or improving tree health and structure and enhancing aesthetics.

"Pre-existing view" means the view that existed at any time since the complainant's property was most recently purchased for fair market value through an arm's length purchase or sale, as evidenced by a deed. The pre-existing view cannot be the result of a natural disaster or illegal activities.

"Pruning" removing branches (or occasionally roots) from a tree or other plant using approved practices, to achieve a specified objective.

"Topping" means cutting back a tree to a predetermined crown by cutting back large diameter branches to stubs and/or truncating the main stem/trunk in order to limit or reduce tree size.

==> picture [325 x 149] intentionally omitted <==

"View" means a visually impressive scene or vista, such as the Pacific Ocean, off-shore islands, mountains, lights of the Los Angeles basin, the Palos Verdes Hills and canyons, the Los Angeles Harbor and/or Long Beach Harbor, and similar, as observed from a viewing point. A view may include structures or vegetation in the foreground or background of the view seeker's property. A "view" may be observed from one or more viewing point, and may be panoramic.

"View impairment" means any obstruction of a pre-existing view by vegetation on another property within the City that significantly diminishes that pre-existing view.

"Viewing point" means any view from the primary living area or active use area of a primary residence, excluding views from minor rooms, such as garages or closets, and also includes views from accessory buildings or structures, including pool decks and gazebos, but excluding animal pens, aviaries, corrals, greenhouses, porte cocheres, riding rings, run-in sheds, sheds, stable/barns, free-standing storage rooms, and tack rooms.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

Subject to other provisions of this chapter, a property owner may initiate a view impairment complaint by way of the process set forth in Section 17.26.040. A person shall not be precluded from filing a view impairment complaint on grounds that vegetation located on the complainant's property contributes to impairment of the requested view. A person who has obtained a recommendation abating impairment of a view against a property shall not be precluded from filing a subsequent complaint to abate impairment of the same view by vegetation on another property.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

The complainant shall follow the process established by this chapter in seeking preservation or restoration of a pre-existing view.

A.

Initial Reconciliation.

1.

A complainant whose preexisting view is impaired shall first seek to informally resolve the impairment with the vegetation owner. The initial notification to the vegetation owner must be in writing, include a link to this chapter and contain the following language: "Failure of the vegetation owner to respond to the written request for initial reconciliation within sixty days from the date on the notification shall be deemed formal refusal by the vegetation owner to participate in the initial reconciliation." Additionally, any written notification to the vegetation owner must include any supporting evidence of the view obstruction, (as described by Section 17.26.050) and any requested remediation action. Remediation action may include an offer on behalf of the view seeker to perform continued maintenance, or to assist with replanting.

2.

During the initial reconciliation, the parties may request assistance from a certified arborist. The City may provide a link to the International Society of Arboriculture to allow residents to search for a certified arborist. If the parties reach an agreement, the signed agreement may be submitted to the City; however, there is no need to file anything with the City once an agreement between the parties is reached. If initial

reconciliation is refused, or if the parties do not agree as to the existence and nature of the complainant's obstruction and the appropriate restorative action, the complainant may proceed with mediation.

B.

Mediation.

1.

If the initial reconciliation does not yield a resolution of the complaint, and the complainant wishes to further utilize the procedures under this chapter, then the complainant must request, in writing, that the vegetation owner enter into mediation. The vegetation owner shall have sixty days from the date of the request for mediation to accept or reject the request in writing. The vegetation owner's failure to respond within sixty days will be deemed a formal refusal of mediation and the complainant may proceed to an advisory hearing before the Committee on Trees and Views.

2.

The participants will have sixty days from the date of the filling of acceptance of mediation to select a mediator. If they cannot agree on a mediator within sixty days, they may jointly request that the City select a mediator. Any mediator which is selected pursuant to this subsection shall be provided with a link to a copy of this chapter.

3.

The mediator shall be guided by the provisions of this chapter, including the evaluation criteria set forth in Section 17.26.050, and the hierarchy of restorative actions set forth in Section 17.26.060, respectively, in attempting to resolve the view impairment complaint. The mediator shall also consider the recommendations of any arborists or experts regarding landscape techniques and/or maintenance procedures.

4.

The mediator's recommendation shall be advisory. Any agreement reached by the parties as a result of the mediation process described herein shall be reduced to writing and shall include steps for maintenance measures and any associated costs. The agreement shall be signed by all of the parties and may be submitted to the City.

C.

Advisory Opinion from the CTV. If the complainant is not satisfied by the recommendation of the mediator, the complainant may request a public hearing before the Committee on Trees and Views.

1.

View Impairment Complaint—Required Information. A view impairment complaint must be on a form provided by the City and shall consist of, but not be limited to, the following:

a.

A description of the nature and extent of the view, as well as of the alleged obstruction. If multiple views are identified, each must be disjointed and observable from a separate viewing area. Evidence of the views and alleged obstructions must be pertinent and may include, but is not limited to, documentary evidence, (as described by Section 17.26.050), dated photographs, or written declarations. Evidence must include the date the property was purchased by the complaining party.

b.

A description of the type and location of all vegetation alleged to cause obstruction, the address of the property upon which the obstructing vegetation is located, and the present vegetation owner's name and address.

c.

Documentary evidence establishing that attempts at initial reconciliation (as described in Section 17.26.040(A)) and mediation (as described in Section 17.26.040(B)) have been made and have failed to resolve the dispute.

d.

The view impairment complaint fee in the amount established by resolution of the City Council.

2.

View Impairment Complaint—Processing. City staff will review the complaint. If staff determines that the complaint is incomplete, a letter will be mailed to the complainant stating what is needed to complete the complaint within sixty days from the date of the letter. If the complaint is deemed complete, staff will process the complaint and prepare a notice pursuant to the requirements in Section 17.26.040(C)(4)(a)—(b), below. If the parties to a complaint voluntarily elect to resolve the issue privately at any time following the filing of the complaint, and notify the City of same, the City shall suspend the hearing before the Committee on Trees and Views until such time as the parties notify the City that they have resolved the issue (thereby eliminating the need for a hearing) or that they are unable to resolve the issue and wish to proceed with the hearing.

3.

View Impairment Complaint—Withdrawal. A complaint shall be deemed withdrawn and all proceedings shall be terminated with respect thereto, without prejudice, if:

a.

The parties to a complaint notify the City that it has been voluntarily resolved;

b.

The complainant fails or refuses to provide supplemental information requested by the City;

c.

The complainant fails or refuses to pay the cost of the expert services;

d.

The complainant requests a delay of the proceedings for more than one hundred eighty days (unless good cause exists for the delay); or

e.

The hearing before the Committee on Trees and Views is suspended by the parties to a complaint for more than one hundred eighty days.

4.

View Impairment Complaint—Review by Committee on Trees and Views.

a.

Notice Required. The City shall provide notice of the hearing a minimum of fifteen days prior to the hearing. The hearing shall not proceed unless proof is shown that the vegetation owner received notice of the hearing as provided herein:

i.

Notice shall be given by certified mail, return receipt requested, to the owner of the tree or other obstructing vegetation and to the complainant;

ii.

Notice shall be given by first class mail to all property owners within one thousand feet of the exterior boundary of the property on which the tree or other obstructing vegetation are located and to other persons who, in the Committee's judgment, might be affected.

b.

Content of Notice. The notice shall state the name of the complaining party or parties, the name of the property owner against whom the complaint is filed, a brief description of the tree(s) or other vegetation at issue, and the time and place of hearing. The notice shall invite written comments to be submitted prior to or at the hearing.

c.

Conduct of Hearing. The Committee shall adopt rules for the conduct of hearings. At the hearing, the Committee shall consider all written and oral testimony and evidence presented in connection with the complaint. If during the course of the proceedings it is discovered that information submitted in a complaint is inaccurate or incomplete such that it could be misleading, or a significant change has occurred impacting either the pre-existing view or the obstruction, an applicant may be directed to amend the complaint or submit supplemental information. In the event the Committee requires expert advice in consideration of the matter, the cost of obtaining such evidence shall be borne by the complainant, pursuant to written agreement with the City. The City shall select such expert and enter into an agreement

only upon receipt of a payment for the selected service from the party. If the City determines that an arborist's testimony is required, said arborist shall either be a consulting or certified arborist.

d.

Findings. The Committee shall be guided by the provisions of this chapter, including the evaluation criteria set forth in Section 17.26.050, and the hierarchy of restorative actions set forth in Section 17.26.060, respectively, in attempting to resolve the view impairment complaint. Based on the evidence received and considered, the Committee shall make any of the following findings and adopt an advisory resolution in support of the foregoing determination:

i.

That no view exists within the meaning of this chapter;

ii.

That a view exists within the meaning of this chapter, but that the view is not significantly impaired; or

iii.

That a view exists within the meaning of this chapter and that it is significantly impaired.

The Committee shall make specific written findings in support of the foregoing determinations.

e.

Recommendation. If the Committee finds that a pre-existing view exists within the meaning of this chapter and that it is significantly impaired pursuant to the conditions outlined in Section 17.26.050, it shall recommend such restorative action as is necessary to abate the view impairment, pursuant to Section 17.26.060 of this chapter. The Committee may recommend conditions as are necessary to prevent future view impairments.

f.

As described in Section 17.26.060(B), the complainant may bear the cost of the initial restorative action, unless the parties agree to share the costs in some other manner. The City shall not be responsible for enforcement of the Committee's advisory resolution.

g.

Within sixty days of the date of the advisory resolution, if either or both parties disagree with the advisory resolution and wish to pursue a review hearing before the City Council, the disagreeing party must notify the City in writing that they wish to proceed with a review hearing before the City Council.

D.

Review Hearing before the City Council. If either party is not satisfied by the recommendation of the CTV, said party may request a public hearing before the City Council to review the decision of the CTV.

1.

Required Information. Requests for City Council review of a CTV decision must be in writing on a form provided by the City and shall consist of, but not be limited to, those reasons why the party is seeking review of the CTV decision before the City Council, including any supporting evidence as described by Section 17.26.050. The request for review of a CTV decision before the City Council must also be accompanied by the view impairment review fee, in the amount established by resolution of the City Council.

2.

Processing. City staff will review the request. If staff determines that the request form is incomplete, a letter will be mailed to the requester stating what is needed to complete the request form within sixty days from the date of the letter. If the request form is deemed complete, staff will process it and prepare a notice pursuant to the requirements in Section 17.26.040(C)(4)(a)—(b), below. If the parties voluntarily elect to resolve the issue privately at any time following the filing of the request form, and notify the City of same, the City shall suspend the hearing before the City Council until such time as the parties notify the City that they have resolved the issue (thereby eliminating the need for a hearing) or that they are unable to resolve the issue and wish to proceed with the hearing.

3.

Withdrawal. A request shall be deemed withdrawn and all proceedings shall be terminated with respect thereto, without prejudice, if:

a.

The parties notify the City that it has been voluntarily resolved;

b.

The requester fails or refuses to provide supplemental information requested by the City;

c.

The requester fails or refuses to pay the cost of the expert services;

d.

The requester seeks a delay of the proceedings for more than one hundred eighty days (unless good cause exists for the delay); or

e.

The hearing before the City Council is suspended by the parties to a complaint for more than one hundred eighty days.

4.

Review by City Council.

a.

Notice Required. The City shall provide notice of the hearing a minimum of fifteen days prior to the hearing. The hearing shall not proceed unless proof is shown that the parties received notice of the hearing as provided herein:

i.

Notice shall be given by certified mail, return receipt requested, to the owner of the tree or other obstructing vegetation and to the view seeker;

ii.

Notice shall be given by first class mail to all property owners within one thousand feet of the exterior

boundary of the property on which the tree or other obstructing vegetation are located and to other persons who, in the Council's judgment, might be affected.

b.

Content of Notice. The notice shall state the name of the requesting party or parties, the name of the property owner against whom the request is made, a brief description of the tree(s) or other vegetation at issue, and the time and place of hearing. The notice shall invite written comments to be submitted prior to or at the hearing.

c.

Conduct of Hearing. The Council shall adopt rules for the conduct of hearings. At the hearing, the Council shall consider all written and oral testimony and evidence presented in connection with the request for review. If during the course of the proceedings it is discovered that information submitted in the request is inaccurate or incomplete such that it could be misleading, or a significant change has occurred impacting either the pre-existing view or the obstruction, an applicant may be directed to amend the request or submit supplemental information. In the event the Council requires expert advice in consideration of the matter, the cost of obtaining such evidence shall be borne by the party requesting the review, pursuant to written agreement with the City. The City shall select such expert and enter into an agreement only upon receipt of a payment for the selected service from the party.

d.

Findings. The Council shall be guided by the provisions of this chapter, including the evaluation criteria set forth in Section 17.26.050, and the hierarchy of restorative actions set forth in Section 17.26.060, respectively, in attempting to resolve the view impairment issue. The review hearing shall be conducted as a de novo hearing. The Council may act to uphold, overturn, or otherwise modify the CTV's original recommendation and shall make specific written findings in support of its determination.

e.

Recommendation. If the Council finds that a pre-existing view exists within the meaning of this chapter and that it is significantly impaired pursuant to the conditions outlined in Section 17.26.050, it shall recommend such restorative action as is necessary to abate the view impairment, pursuant to Section 17.26.060 of this

chapter. The Council may recommend conditions as are necessary to prevent future view impairments. The City Council's recommendation is purely advisory and does not impose any obligation or requirement on the parties.

f.

If the parties agree with the Council's advisory resolution, they must notify the City in writing within fifteen days of adoption. As described in Section 17.26.060(B), the party that requested the review before the City Council may bear the cost of the initial restorative action, unless the parties agree to share the costs in some other manner. The City shall not be responsible for enforcement of the Council's advisory resolution. Within sixty days of the date of the advisory resolution, if either or both parties disagree with the advisory resolution and wish to pursue arbitration, the disagreeing party must notify the City in writing that they wish to proceed with arbitration.

E.

Arbitration. If the vegetation owner does not participate in mediation or mediation is unsuccessful or if either or all of the parties disagree with an advisory opinion of the City, and the parties voluntarily pursue resolution by binding arbitration then City will reimburse a portion of the parties' arbitration costs pursuant to City Council resolution. The following provisions establish the procedures required of the parties prior to any City reimbursement related to arbitration.

1.

The parties shall have sixty days from delivery of the request for arbitration to either accept or decline binding arbitration. Failure to respond within sixty days shall be deemed formal refusal of arbitration. If arbitration is accepted, the parties shall agree in writing to the selection of an individual arbitrator within sixty days of such acceptance. If the parties are unable to agree on a specific arbitrator within sixty days, they may jointly request that City staff randomly select an arbitrator.

2.

The arbitrator shall be guided by the provisions of this chapter in attempting to resolve the view impairment complaint. The decision of the arbitrator shall be submitted to the parties in writing and shall include the arbitrator's findings with respect to Sections 17.26.050 and 17.26.060 of this chapter. A copy of the arbitrator's report shall be filed with the City. Any decision of the arbitrator shall be enforceable pursuant to the provisions of Code of Civil Procedure section 1280, et seq.

3.

The complainant and vegetation owner shall each pay fifty percent of the costs of arbitration (unless the parties agree otherwise or allow the arbitrator discretion in allocating costs); at the conclusion of binding arbitration, the City shall reimburse the parties up to a uniform predetermined amount established by City Council resolution.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

A.

The following nonexclusive factors, for which the parties can prove by a preponderance of the evidence, are to be considered in determining whether a pre-existing view has been obstructed:

1.

The viewing point(s) from which the view is observed;

2.

The extent of the view obstruction, both currently and at the maximum height the tree/vegetation is likely to reach (as described by the most current edition of the New Sunset Western Garden Book);

3.

The quality of the view, including the existence of landmarks, vistas, or other unique view features;

4.

The extent to which trees and/or vegetation have grown to obscure the enjoyment of the view from the claimant's property since the claimant acquired his/her property;

5.

The extent to which the vegetation on the property preserves privacy (visual and auditory), wind screening, energy conservation, and/or climate control;

6.

The extent to which the vegetation owner can establish the earliest known date when the complained of vegetation was planted or existed on the vegetation owner's real property; and

7.

The degree to which the complainant diligently tried to protect and maintain their view through informal agreements with the vegetation owner or prior vegetation owner(s) and to initiate initial discussions with the current vegetation owner; and the degree to which the current vegetation owner has reasonably participated in initial discussions.

B.

The following applicable, nonexclusive factors, for which the parties can prove by a preponderance of the evidence, may be considered in determining the appropriate restorative action, if any is necessary:

1.

The variety of tree, its projected rate of growth (as described by the most current edition of the New Sunset Western Garden Book) and maintenance requirements;

The aesthetic quality of the tree(s), including but not limited to species characteristics, size, growth, form and vigor;

3.

Location with respect to overall appearance, design or use of the tree on the vegetation owner's property, including, but not limited to blending, buffering, or reduction in the scale or mass of a structure;

4.

Soil stability provided by the tree(s), considering soil structure, degree of slope and extent of the tree's root system;

5.

The extent to which the vegetation owner can establish the earliest known date when the complained of vegetation was planted or existed on the vegetation owner's real property;

6.

Privacy (visual and auditory) and wind screening provided by the tree(s) to the tree owner and to neighbors;

7.

Energy conservation, shade and/or climate control provided by the trees;

8.

Wildlife habitat provided by the trees.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

A.

Restorative actions may include, but are not limited to, the following, in order of preference, assuming no countervailing health or safety interest(s) exist:

1.

Lacing. Lacing is the most preferable pruning technique that removes excess foliage and can improve the structure of the tree.

2.

Crown Raising.

Crown Reduction. Crown reduction is preferable to tree removal, if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree's growth pattern or health, or otherwise constitute a detriment to the tree(s) in question.

4.

Heading Back. Heading back is only to be permitted for trees specifically planted and maintained as a hedge, espalier, bonsai, or in pollard form and if restoration actions in subsections (A) through (C) of this section will not accomplish the determined preservation action and the subsequent growth characteristics will not create a future obstruction of greater proportions.

5.

Topping. Topping is only to be permitted for trees/vegetation species for which it is appropriate.

6.

Removal. Removal may be considered when the above-mentioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings or appropriate plant materials to restore the maximum benefits lost due to vegetation removal.

B.

Restorative action shall include written conditions (including ongoing maintenance), directions, and a schedule by which the mandates must be completed, and may be made to run with the land and apply to successors in interest. The complainant may bear the cost of the initial restorative action, unless the parties agree to share the costs in some other manner. Subsequent maintenance of the vegetation in question may be performed at the cost and expense of the owner of the property on which the vegetation is growing, unless otherwise agreed to by the parties or required pursuant to any final arbitration agreement or court order. The vegetation shall be maintained so as not to allow for future view impairments.

C.

In cases where restorative action may affect the health of a tree, such actions should be carried out in accordance with standards established by the International Society of Arboriculture for use in the State of California. Severe pruning (heading back and/or topping) should be avoided due to the damage such practice causes to the vegetation's form and health. Where removal is required, replacement by appropriate species should be considered.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

This section creates a private right of action for the view seeker against the vegetation owner under the provisions of this chapter. It is the intent of this chapter that the evaluation criteria set forth herein be utilized in adjudicating view equity claims in civil litigation. In the event of civil litigation, the plaintiff shall provide a copy of the complaint to the City.

The prevailing party in any civil action brought pursuant to this chapter shall be entitled to recover its reasonable costs and attorney's fees incurred in the litigation.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

A Committee on Trees and Views is established for the purpose of administering advisory recommendations pursuant to Section 17.26.040(C) of this chapter. The Committee shall be composed of three members of the Planning Commission appointed by the Commission annually at the same time as the Commission selects its officers, or whenever a vacancy occurs. Committee meetings shall be scheduled as adjourned or special meetings of the Commission.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

17.26.090 - Enforcement and liability.

A.

Under no circumstances shall the City have any responsibility to enforce or seek any legal redress, civil or criminal, for any decision that any other person or entity makes concerning a view impairment complaint.

B.

The issuance of mediation findings, an arbitration award, or a court decision shall not create any liability of the City with regard to the restorative actions to be performed.

C.

A failure to comply with the provisions of this chapter is not a violation of this code, and the enforcement of this chapter shall be only by the affected and interested private parties.

(Ord. No. 354, § 7(Att. A(2)), 10-23-2017)

Chapter 17.27 - ADDITIONAL DEVELOPMENT STANDARDS

Sections:

Nonresidential development of twenty-five thousand square feet or more shall be subject to transportation and trip reduction measures contained in subsection D of this section.

A.

Definitions. The following words or phrases shall have the following meanings when used in this section:

"Alternative transportation" means the use of modes of transportation other than the single-passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in subsection D of this section.

"Buspool" means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

"The California Environmental Quality Act (CEQA)," Public Resources Code Section 21000, et seq. is a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

"Developer" means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this section as determined by the property owner.

"Development" means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this section and which exceed the thresholds defined in subsection D of this section shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

"Employee parking area" means the portion of total required parking at a development used by onsite employees. Except as otherwise specified in Title 17 of this code, employee parking shall be calculated as follows:

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

"Property owner" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the section either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

"South Coast Air Quality Management District (SCAQMD)" is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast

Air Basin (the nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

"Tenant" means the lessee of facility space at an applicable development project.

"Transportation demand management (TDM)" means the alteration of travel behavior, usually on the part of commuters, through programs of incentives, services and policies. TDM addresses alternatives to singleoccupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

"Trip reduction" means reduction in the number of work-related trips made by single occupant vehicles.

"Vanpool" means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis.

"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

B.

Review of Transit Impacts.

1.

Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this section shall be exempted from its provisions. The "Transit Impact Review Worksheet," contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

2.

Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

C.

Applicability of requirements.

1.

Prior to approval of any development project of the type and size specified in subsection D of this section, the applicant shall make provision for, at a minimum, all of the following applicable transportation demand management and trip reduction measures specified in said subsection D.

2.

This section shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 65943, or for which a Notice of Preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this section.

3.

All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

D.

Development Standards.

1.

Nonresidential development of twenty-five thousand square feet or more shall provide the following to the satisfaction of the City:

a.

A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

i.

Current maps, routes and schedules for public transit routes serving the site;

ii.

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

iii.

Ridesharing promotional material supplied by commuter-oriented organization;

iv.

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

v.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

2.

Nonresidential development of fifty thousand square feet or more shall comply with subdivision 1 of this subsection and shall provide all of the following measures to the satisfaction of the City:

a.

Not less than ten percent of employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of fifty thousand square feet to one hundred thousand square feet and two spaces for projects over one hundred thousand square feet will be signed/striped for carpool/vanpool vehicles.

b.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

c.

Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first fifty thousand square feet of nonresidential development and one bicycle per each additional fifty thousand square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers or locked room) shall be to the satisfaction of the City.

3.

Nonresidential development of one hundred thousand square feet or more shall comply with subdivisions 1 and 2 of this subsection, and shall provide all of the following measures to the satisfaction of the City:

a.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers;

b.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

c.

If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops;

d.

Safe and convenient access from the external circulation system to bicycle parking facilities onsite.

E.

Monitoring.

1.

The City shall monitor each project's compliance with the standards required by this section. Such monitoring shall include:

a.

Site monitoring by the Planning Department prior to the issuance of a certificate of occupancy or final inspection;

b.

Site monitoring by the Planning Department on an annual basis after initial compliance has been verified;

c.

Annual traffic counts and calculated levels of service for selected arterial intersections, as specified by the traffic monitoring procedures found in the CMP Highway and Roadway System Chapter.

F.

Enforcement. If the standards required by this section are not adhered to, then enforcement of the standards shall be made pursuant to Chapters 1.08 and 1.12 of the Rolling Hills Municipal Code.

(Ord. 242 §4, 1993).

Editor's note— Ord. No. 317, § 3, adopted Jan. 25, 2010, repealed former § 17.27.020 in its entirety which pertained to water efficient landscaping requirements and derived from Ord. No. 240, § 3, adopted in 1993.

All utilities servicing the building in question on any residentially zoned parcel shall be installed underground upon:

A.

Construction of any new primary or accessory building;

B.

Remodeling of a primary or accessory building which entails enlargement of the structure or alteration of the building footprint;

C.

Lengthening or adding electrical lines servicing a building or parcel;

D.

Relocating or increasing the electrical panel servicing a building or parcel; or

E.

Inclusion of a parcel in an underground utility assessment district, in which event new or replacement utility poles are prohibited.

(Ord. 280 §2, 2000).

17.27.040 - Wireless communication antennas and facilities.

A.

General. This section establishes standards and procedures for the development and operation of wireless communications facilities, including, but not limited to, personal wireless services facilities, non-exempt satellite antennas, and single pole/tower amateur radio antennas. The requirements of this section apply to all wireless communication facilities on public and private property and within the right of way that transmit and/or receive electromagnetic signals, including, but not limited to, personal wireless services, satellite, and radio and television broadcast facilities.

1.

Application Types.

a.

Type 1—Collocation of a Small Wireless Facility on an Existing Structure. Type 1 applications shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request. If the completed facility would still meet the physical limits and requirements to meet the definition of a small

wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type 1 application.

b.

Type 2—Collocation on an Existing Structure which does not Qualify as a Type 1 Small Wireless Facility Collocation or a Type 5 Eligible Facilities Request. Type 2 applications shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request.

c.

Type 3—New Small Wireless Facility on a New or Replacement Structure. Type 3 applications shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure.

d.

Type 4—New Tower or Any Other Wireless Facility that is not a Type 1, 2, 3, 5, or 6 Application. Type 4 applications shall include any applications for the installation of a new personal wireless service facility which does not meet the criteria for Type 1, 2, 3, 5, or 6 applications.

e.

Type 5—Eligible Facilities Requests. Type 5 applications shall include any applications that purport to meet the criteria for an eligible facilities request under federal law and FCC regulations.

f.

Type 6—Temporary Facilities. Type 6 applications shall include any applications for a temporary facility to provide wireless services on a temporary or emergency basis.

2.

Permit Requirements. No wireless communication facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this section and without obtaining all permits required under any other applicable state, federal, or local laws or regulations.

a.

Conditional Use Permit Required. A conditional use permit shall be required for Type 4 applications, which shall be reviewed and processed in accordance with Chapter 17.42 of this Code and the requirements of this Section 17.27.040.

b.

Zone Clearance Required. A zone clearance shall be required for Type 1, 2, 3, and 5 applications, which shall be reviewed and processed in accordance with Chapter 17.44 of this Code and the requirements of this Section 17.27.040.

c.

Temporary Use Permit Required. A temporary use permit shall be required for Type 6 applications, which shall be reviewed and processed in accordance with Chapter 17.48 of this Code and the requirements of this Section 17.27.040.

3.

Exempt Wireless Communication Facilities. The following wireless communication facilities are exempt from the requirements of this section:

a.

Wireless facilities operated by the City for public purposes.

b.

Hand-held mobile, marine, and portable radio transmitters and/or receivers which are not affixed to land or a structure.

c.

Traditional terrestrial radio and television mobile broadcast facilities.

d.

A single ground-mounted or building-mounted antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions:

(1)

Satellite Dish 39.37 inches (one meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot, provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.

(2)

Non-Satellite Dish 39.37 inches (one meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to

receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot.

e.

Amateur radio antennas meeting the following requirements:

(1)

That are completely enclosed within a permitted building; or

(2)

That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or

(3)

That consist of a single ground-mounted vertical pole or whip antenna not exceeding fifty feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast.

B.

Definitions. For the purpose of this chapter, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; unless more specifically defined in this chapter, the word "building" is interchangeable with the word "structure," and the word "shall" is mandatory and not discretionary. All equipment not specifically described herein shall be regulated in conformity with that equipment described herein which is most substantially similar, from a functionality standpoint. Reference to "facility" is interchangeable with "wireless communications facility," unless otherwise noted.

1.

"Antenna" shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

2.

"Applicant" or "provider" shall mean the person or entity applying for a permit to install wireless communications facilities.

3.

"Base Station" shall have the same meaning as defined by 47 C.F.R. Section 1.6100(b)(1), or any successor provision.

4.

"Colocation," "Co-location," and "Collocation" shall mean the same as defined by the FCC in 47 C.F.R. § 1.6002(g), which means (1) Mounting or installing an antenna facility on a pre-existing structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. For eligible facilities requests (Type 5), "Colocation," "Co-location," and "Collocation" shall mean the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), which means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

5.

"Eligible Facilities Request" shall mean any request for modification of a legally existing tower or base station that does not substantially change the physical dimensions of such tower or base station as defined in 47 C.F.R. section 1.6100(b)(3), or any successor provision.

6.

"Monopole" shall mean a free-standing pole, like a slim line, flagpole, or similar structure.

7.

"Personal Wireless Services" shall mean those services as defined in 47 U.S.C. section 332(c)(7)(C)(i), or any successor provision, current examples of which include, but are not limited to, commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

8.

"Roof-mounted" shall mean any type of facility in which antennas are mounted on the roof, parapet, or similar feature of a structure.

9.

"Small Wireless Facility" shall mean the same as defined by the FCC in 47 C.F.R. section 1.6002(l), or any successor provision.

10.

"Support structure" shall mean any structure capable of supporting a base station, as defined in 47 C.F.R. section 1.6002(m), or any successor provision.

11.

"Temporary facility" shall mean any wireless communication facility intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency, as defined in Government Code section 8558, requiring additional service capabilities.

"Tower" shall mean the same as defined in 47 C.F.R. section 1.6100(b)(9), or any successor provision. This definition does not include utility poles.

13.

"Utility pole" shall mean any structure designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.

14.

"Wireless communications facilities" and "facilities" shall mean any transmitters, antenna structures, equipment cabinets, concealment, meters, switches, cabling, and other types of facilities used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).

C.

Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless communications facility shall complete and submit an application to the Planning and Community Services Department for review and processing, upon the form published by the Director of the Planning and Community Services Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following:

1.

Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information of the user/ provider that will use the facility.

2.

A brief narrative accompanied by written documentation and a site plan or map together with photo simulations that explain the project.

3.

A narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility.

4.

A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations.

D.

Findings for Approval.

Findings for approval of a conditional use permit required by this section (Type 4). Approval of any conditional use permit required by this section is subject to the following findings:

a.

All findings for approval required for conditional use permits as specified in Section 17.42.050; and

b.

The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and

c.

The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and

d.

The project has received approval from the Rolling Hills Community Association.

2.

Findings for approval of a non-eligible facility request zone clearance required by this section (Types 1, 2, and 3). Approval of any non-eligible facility request zone clearance required by this section is subject to the following findings:

a.

The proposed facility is consistent with the provisions of Title 17; and

b.

The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception therefrom; and

c.

The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and

d.

The project has received approval from the Rolling Hills Community Association.

3.

Findings for approval of a zone clearance for an eligible facilities request required by this section (Type 5). No zone clearance shall be approved for an eligible facilities request unless, on the basis of the application

and other materials or evidence provided in review thereof, the following findings are made:

a.

The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)(3)—(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express finding for each criterion; and

b.

The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections 1.6100(b)(7)(i)—(iv), or any successor provisions; and

c.

The proposed facility will comply with all generally applicable laws.

4.

Findings for Approval of a temporary use permit required by this section (Type 6). Approval of any temporary use permit required by this Section is subject to the following findings:

a.

The proposed temporary use is allowed within the applicable zoning district with the approval of a temporary use permit and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; and

b.

The proposed temporary use would not unduly impair the integrity and character of the zoning district in which it is located; and

c.

Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties; and

d.

The facility complies with all applicable requirements of Section 17.27.040, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and

e.

The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public Utilities Commission; and

f.

The project has received approval from the Rolling Hills Community Association.

E.

Design, Location, and Development Standards.

1.

In addition to the design, location, and development standards outlined in this subsection 17.27.040(E), the Planning Commission is authorized to develop and adopt from time to time supplemental design, location, and development standards for all wireless communications facilities subject to this Section 17.27.040 by resolution.

2.

This subsection E(2) establishes generally applicable design and development standards for all wireless facilities, except Type 5 eligible facilities requests.

a.

The facility shall be erected, located, operated, and maintained at all times in compliance with this section and all applicable laws, regulations, and requirements of the California Building Code, as modified by the City, and every other code and regulation imposed or enforced by the City, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility.

b.

State-of-the-art stealth design technology shall be utilized as appropriate to the site and type of facility so that the proposed wireless facility will look like something other than a wireless facility. Wireless communications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, painted, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure and compatible with the appearance and character of the surrounding neighborhood. New standalone or replacement facilities shall use designs that are compatible and blend in with the surrounding area. For example, faux trees should be of the same type and size as nearby real trees. All finishes shall be non-reflective.

c.

The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other legally required seals or signage.

d.

Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables and wires, shall be screened, located within an enclosure or

underground vault in a manner that, if aboveground, is visually compatible with the surrounding area and either (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings and (3) shall not interfere with equestrian activities or easements.

e.

The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, non-reflective hues that match the underlying structure or otherwise blend in with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials. All finishes shall be subject to the reviewing City authority's prior approval.

f.

All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this code. The reviewing City authority may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.

g.

Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.

h.

To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing City authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences, or any similar security measures are prohibited. Alarm systems shall not include any audible sirens or other sounds.

i.

All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities should be proactively monitored and maintained to continue and, if possible, improve the safety design. Electrical service for all wireless facilities shall be placed underground to the extent technically feasible. The City shall provide written notice to all residents within five hundred feet of a wireless facility proposed to be deployed upon a new pole.

This subsection E(3) establishes additional design and development standards for all wireless facilities, except Type 5 eligible facilities requests, proposed to be located upon a rooftop or attached to an existing building.

a.

Any screening used in connection with a wall-mounted and/or roof-mounted facility, shall be compatible with the architecture, color, texture, and materials of the building or other structure to which it is mounted.

b.

The facility shall be placed to the centermost location of the rooftop to screen it from view from the street and adjacent properties, or incorporate façades to create a stealth facility that is designed to look like something other than a wireless facility.

c.

Wireless communication antennas and facilities shall not be located on roofs or walls of any structures on private residential property, but may be located on commercial buildings and properties, and on publicly owned properties or buildings.

4.

Temporary facilities shall be subject only to the following design and development standards in this Section 17.27.040(E)(4). Temporary facilities include, without limitation, cells on wheels (also referred to as COWs), sites on wheels (also referred as SOWs), cells on light trucks (also referred to as COLTs), or other similar wireless facilities:

a.

That will be in place for no more than six months, or such other longer time as the City may allow in light of the event or emergency;

b.

For which required notice is provided to the FAA;

c.

That do not require marking or lighting under FAA regulations;

d.

That will not exceed fifty feet in height; and

e.

That will either involve no excavation or involve excavation only as required to safely anchor the facility where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet.

5.

All wireless communications facilities, except Type 5 eligible facilities requests, shall not be located on private residential property outside of the right-of-way or outside a roadway easement, but may be located on existing utility poles.

6.

This subsection E(6) establishes generally applicable location standards for all wireless communications facilities, except Type 5 eligible facilities requests, inside of the right-of-way or inside a roadway easement:

a.

Wireless communications facilities shall utilize existing poles, structures, street signs or utilize the

replacement of existing structures, poles, and street signs in the right-of-way or within a roadway easement to avoid the proliferation of new poles and structures in the right-of-way and roadway easements;

b.

Wireless communications facilities shall not be located in the right-of-way or within a roadway easement in a manner which obstructs the view, as the term is defined in Section 17.26.020 of this Code, of any residential primary building;

c.

To the maximum extent technically feasible, wireless communications facilities shall be located on shared property lines separating two residential parcels.

F.

Infrastructure Controlled by City. The City, as a matter of policy, will negotiate agreements for the use of City-owned property. The placement of wireless facilities on those structures and property shall be subject to one or more negotiated agreements. The agreements shall specify the compensation to the City for use of the structures. The person seeking an agreement shall, in addition to any consideration paid, reimburse the City for all costs the City incurs in connection with its review of and action upon that person's request for an agreement.

G.

Standard Conditions of Approval. In addition to all other conditions adopted by the applicable approval authority, all permits issued in accordance with this section, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The approval authority (or the appellate authority on appeal) shall have discretion to modify, supplement, or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this section.

Permit Term. For any non-eligible facilities request, this permit will automatically expire ten years and one day from its date of issuance. Any other permits or approvals issued in connection with an application subject to this section, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

2.

Strict Compliance with Approved Plans. Permittee must incorporate this permit, all conditions associated with this permit, and the approved photo simulations into the project plans (the "approved plans"). The permittee must construct, install and operate the wireless communication facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless communication facility, must be submitted in a written request subject to the Director of the Planning and Community Services Department's prior review and approval.

3.

Permit Expiration. This permit will automatically expire if construction or installation activities authorized herein do not commence within one year from the date of this permit's issuance.

4.

Maintenance Obligations—Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within forty-eight hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

5.

Property Maintenance. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved plans are maintained in a manner that is not detrimental or injurious to the public health, safety, or general welfare, and that the aesthetic appearance is continuously preserved and substantially the same as shown in the approved plans at all times relevant to this permit. The permittee further acknowledges that failure to maintain compliance with this condition may result in a code enforcement action.

6.

Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state, and local statutes, regulations, orders, or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the wireless facility, or any use or activities in connection with the use authorized by this permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve, or otherwise lessen the permittee's obligations to maintain compliance with all laws. In the event that the City fails to timely

notice, prompt, or enforce compliance with any applicable provision in the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation, the applicant or permittee will not be relieved from its obligation to comply in all respects with all applicable provisions in the Rolling Hills Municipal Code, any permit, any permit condition, or any applicable law or regulation.

7.

Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. Impacts of radio frequency emissions on the environment, to the extent that such emissions are compliant with all applicable laws, are not "adverse impacts" for the purposes of this condition. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal, or other work that involves heavy equipment or machines, except during normal construction hours as set forth in the Rolling Hills Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director of Planning and Community Services, or the Director's designee, may issue a stop work order for any activities that violate this condition.

8.

Inspections—Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, and other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the City's officers, officials, staff, or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable, or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City's officers, officials, staff, and other designees while any such inspection or emergency access occurs.

9.

Permittee's Contact Information. The permittee shall furnish the Director of Planning and Community Services with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address, and email address. The permittee shall keep such contact information up-to-date at all times and immediately provide the Director with updated contact information in the event that either the responsible person or such person's contact information changes.

10.

Indemnification. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, employees, and volunteers from and against any and all (1) damages, liabilities, injuries, losses, costs, and expenses and from any and all claims, demands, lawsuits, writs, and other actions or proceedings ("claims") brought against the City or its agents, officers, officials, employees, or volunteers to challenge, attack, seek to

modify, set aside, void, or annul the City's approval of this permit; and (2) other claims of any kind or form, whether for personal injury, death, or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees', invitees', volunteers', or customers' acts or omissions in connection with this permit or the wireless facility. In the event the City becomes aware of any third-party claims concerning this permit, the City will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall promptly reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this permit, and that such indemnification obligations will survive the expiration or revocation of this permit.

11.

Performance Bond. Prior to the issuance of any construction permit in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which include, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether above ground or below ground, constructed or installed, in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws.

12.

Recall to Approval Authority—Permit Revocation. The approval authority may recall this permit for review at any time due to complaints about noncompliance with applicable laws or any approval conditions attached to this permit. At a duly noticed public hearing and in accordance with all applicable laws, the approval authority may revoke this permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.

13.

Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which include, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. The permittee may keep electronic records; provided, however, that hard copies kept in the city's regular files will control over any conflicts between such hard copies and the permittee's electronic copies, and complete originals will control over all other copies in any form.

Permit Renewal. Any application to renew this permit must be tendered to the Director of Planning and Community Services within one year prior to the expiration of this permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. The approval authority shall review an application for permit renewal in accordance with the standards for new facilities as then in-effect. The Director of the Planning and Community Services Department may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application.

15.

Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the decisionmaking authority:

a.

Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.

b.

No Permit Term Extension. The City's grant or deemed grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the Town's grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

H.

Limited Exceptions for Personal Wireless Service Facilities.

1.

The applicable review authority may grant waivers of the design and location standards for wireless communications facilities subject to this section if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would:

a.

Prohibit, or effectively prohibit, the provision of personal wireless services, within the meaning of federal law; or

b.

Otherwise violate applicable laws or regulations; or

c.

Require a technically infeasible location, design, or installation of a wireless facility.

2.

If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, or installation.

(Ord. 295 §7 (Exh. B (part)), 2004).

(Ord. No. 384, § 4, 1-8-2024)

Chapter 17.28 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS[[6]]

Sections:

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 385, § 4(Exh. A), adopted November 25, 2024, amended Ch. 17.28 in its entirety to read as herein set out. Former Ch. 17.28, §§ 17.28.010—17.28.090, pertained to similar subject matter, and derived from Ord. No. 381-U, § 4(Exh. A), 12-13-2022.

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

An ADU or JADU that conforms to the standards in this chapter will not be:

A.

Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.

B.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

D.

Required to correct a nonconforming zoning condition, as defined in subsection 17.28.030(H) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

As used in this chapter, terms are defined as follows:

A.

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

D.

"Efficiency kitchen" means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1.

It is no more than five hundred square feet of interior livable space in size.

2.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5.

It includes an efficiency kitchen, as defined in subsection (D) above.

F.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

G.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

H.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

I.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

J.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

L.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

17.28.040 - Approvals.

A.

The following approvals apply to ADUs and JADUs created under this chapter:

1.

Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The City will review and approve permit applications in accordance with subsection (A)(3) below.

2.

Processing Fee. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the Director of Community Development or other City employee as determined or designated by the City Manager and approved by the City Council by resolution.

3.

Process and Timing.

(a)

Completeness.

(i)

Determination in Fifteen Days. The City will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within fifteen business days after the City receives the application submittal.

(ii)

Incomplete Items. If the City's determination under subsection (A)(3)(a)(i) above is that the application is incomplete, the City's notice must list the incomplete items and describe how the application can be made complete.

(iii)

Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the City to be incomplete.

(iv)

Subsequent Submittals. If the applicant submits additional information to address incomplete items, within fifteen business days of the subsequent submittal the City will determine in writing whether the additional information remedies all the incomplete items that the City identified in its original notice. The City may not require the application to include an item that was not included in the original notice.

(v)

Deemed Complete. If the City does not make a timely determination as required by this subsection (a), the application or resubmitted application is deemed complete for the purposes of subsection (A)(3)(c) below.

(vi)

Appeal of Incompleteness. An applicant may appeal the City's determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within sixty business days after receipt of the appeal.

(b)

No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

(c)

Deadline to Approval or Deny Ministerial Approvals. The City must approve or deny an application to create an ADU or JADU within sixty days from the date that the City receives a complete application. If the City has not approved or denied the complete application within sixty days, the application is deemed approved unless either:

(i)

The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or

(ii)

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

(d)

Denial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period established by subsection (A)(3)(c) above.

(e)

Appeal of Denial. An applicant may appeal the City's denial of the application by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within sixty business days after receipt of the appeal.

(f)

Concurrent Review of Demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

B.

Classes.

1.

Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code Section 66323. If an ADU or JADU complies with each of the general requirements in Section 17.28.050, it is allowed in each of the scenarios provided in this subsection (B)(1). An ADU and JADU approved under subsection (B)(1)(a) may be combined with an ADU approved under subsection (B)(1)(b), and ADUs approved under subsection (B)(1)(c) may be combined with ADUs approved under subsection (B)(1)(d).

(a)

Converted on Lot with Single-Family: One ADU as described in this subsection (B)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

(i)

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress; and

(ii)

Has exterior access that is independent of that for the single-family dwelling; and

(iii)

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

(iv)

The JADU complies with the requirements of Government Code Sections 66333 through 66339.

(b)

Limited Detached Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

(i)

The side- and rear-yard setbacks are at least four feet.

(ii)

The total floor area is eight hundred square feet of livable space or smaller.

(iii)

The peak height above grade does not exceed the applicable height limit in subsection 17.28.050(B) below.

(c)

Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (B)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units.

(d)

Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

(i)

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

(ii)

The peak height above grade does not exceed the applicable height limit provided in Section 17.28.050(B) below.

(iii)

If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2.

Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code Sections 66314—66322. Except for Class 1 ADUs approved under subsection (B)(1) above, all ADUs are subject to the standards set forth in Sections 17.28.050 and 17.28.060 below.

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

17.28.050 - General ADU and JADU requirements.

The following requirements apply to all Class 1 and Class 2 ADUs and:

A.

Zoning.

1.

A Class 1 ADU approved under subsection 17.28.040(B)(1) may be created on a lot in a residential or mixed-use zone.

2.

A Class 2 ADU approved under subsection 17.28.040(B)(2) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3.

In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B.

Height.

1.

Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed sixteen feet in height.

2.

A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.

4.

An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories.

5.

For purposes of this subsection (B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

C.

Fire Sprinklers.

1.

Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

2.

The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D.

Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

E.

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F.

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

G.

Owner Occupancy.

ADUs are not subject to an owner-occupancy requirement.

2.

JADUs.

(a)

Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

(b)

Exceptions. The owner-occupancy requirement in this subsection (G)(2) does not apply in either of the following situations:

(i)

The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

(ii)

The property is entirely owned by another governmental agency, land trust, or housing organization.

H.

Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director or other City employee as determined or designated by the City Manager. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1.

The JADU may not be sold separately from the primary dwelling.

2.

The JADU is restricted to the approved size and to other attributes allowed by this chapter.

3.

The deed restriction runs with the land and may be enforced against future property owners.

4.

The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director or other City employee as determined or designated by the City Manager, providing evidence

that the JADU has in fact been eliminated. The Director or other City employee as determined or designated by the City Manager may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's or other City employee as determined or designated by the City Manager determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

5.

The deed restriction is enforceable by the director or other City employee as determined or designated by the City Manager for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

I.

Building & Safety.

1.

Must Comply with Building Code. Subject to subsection (I)(2) below, all ADUs and JADUs must comply with all local building code requirements.

2.

No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (I)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this chapter.

J.

Certificate of Occupancy Timing.

1.

Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

2.

Limited Exception for State-declared Emergencies. Notwithstanding subsection (J)(1) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

(a)

The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

(b)

The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.

(c)

The ADU has been issued construction permits and has passed all required inspections.

(d)

The ADU is not attached to the primary dwelling.

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

The following requirements apply only to Class 2 ADUs approved under subsection 17.28.040(B)(2) above:

A.

Maximum Size.

1.

The maximum size of a detached or attached ADU subject to this Section 17.28.060 is eight hundred fifty square feet of interior livable space for a studio or one-bedroom unit and one thousand square feet for a unit of interior livable space with two or more bedrooms.

2.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling.

3.

Application of other development standards in this Section 17.28.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (A)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than eight hundred square feet.

B.

Floor Area Ratio (FAR). No ADU subject to this Section 17.28.060 may cause the total FAR of the lot to exceed forty-five percent, subject to subsection (A)(3) above.

C.

Setbacks.

1.

ADUs that are subject to this Section 17.28.060 must conform to four-foot side and rear setbacks.

2.

ADUs that are subject to this Section 17.28.060 must conform to thirty-foot front setbacks, subject to subsection (A)(3) above.

3.

No setback is required for an ADU that is subject to this Section 17.28.060 if the ADU is constructed in the same location and to the same dimensions as an existing structure.

D.

Lot Coverage. No ADU subject to this Section 17.28.060 may cause the total lot coverage of the lot to exceed fifty percent, subject to subsection (A)(3) above.

E.

Minimum Open Space. No ADU subject to this Section 17.28.060 may cause the total percentage of open space of the lot to fall below fifty percent, subject to subsection (A)(3) above.

F.

Passageway. No passageway, as defined by Section 17.28.030(I) above, is required for an ADU.

G.

Parking.

1.

Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 17.28.030(L).

2.

Exceptions. No parking under subsection (G)(1) is required in the following situations:

(a)

The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.28.030(K).

(b)

The ADU is located within an architecturally and historically significant historic district.

(c)

The ADU is part of the proposed or existing primary residence or an accessory structure.

(d)

When on-street parking permits are required but not offered to the occupant of the ADU.

(e)

When there is an established car share vehicle stop located within one block of the ADU.

(f)

When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (G)(2)(a) through (e) above.

3.

No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

H.

Architectural Requirements.

1.

The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

2.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

3.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

4.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

6.

No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

7.

All windows and doors in an ADU less than thirty feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

I.

Historical Protections. An ADU that is on or within six hundred feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-ofway.

J.

Allowed Stories. No ADU subject to this Section 17.28.060 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection 17.28.050(B) (4).

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections 17.28.040(B)(1) or 17.28.040(B)(2) above.

A.

Impact Fees.

1.

No impact fee is required for a JADU or for an ADU that is less than seven hundred fifty square feet of interior livable space in size. For purposes of this subsection (A), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2.

A JADU or ADU with less than five hundred square feet of interior livable space does not increase assessable space by five hundred square feet for purposes of Education Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.

3.

Any impact fee that is required for an ADU that has seven hundred fifty square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

B.

Utility Fees.

1.

If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2.

Except as described in subsection (B)(1), JADUs and converted ADUs on a single-family lot that are created under subsection (B)(1)(a) are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

3.

Except as described in subsection (B)(1), all ADUs that are not covered by subsection (B)(2), require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider.

(a)

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

(b)

The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

17.28.080 - Nonconforming zoning code conditions, building code violations, and unpermitted structures.

A.

Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B.

Unpermitted ADUs and JADUs constructed before 2020.

1.

Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

(a)

The ADU or JADU violates applicable building standards, or

(b)

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 17.28).

2.

Exceptions:

(a)

Notwithstanding subsection (B)(1), the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

(b)

Subsection (B)(1) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

Any proposed ADU or JADU that would otherwise be allowed under this chapter but that does not conform to the objective design or development standards set forth in Section 17.28.010 through 17.28.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

(Ord. No. 385, § 4(Exh. A), 11-25-2024; Ord. No. 388, § 4(Exh. A), 12-9-2025)

17.28.100 - Parcels created under Government Code Section 66499.41.

Notwithstanding anything to the contrary set forth in this chapter, no ADU or JADU may be created on a parcel resulting from a subdivision under Government Code Section 66499.41. (Gov. Code, § 66499.41(g).

(Ord. No. 388, § 4(Exh. A), 12-9-2025)