Chapter 17.29 — MARIJUANA PROHIBITIONS AND REGULATIONS

The purpose of this chapter is to expressly prohibit the establishment of commercial cannabis uses in the City. The City Council finds that prohibitions on commercial cannabis activity are necessary for the preservation and protection of the public health, safety and welfare of the City. The prohibition of such uses is within the authority conferred upon the City Council by State law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the City. This chapter is also intended to apply reasonable regulations to personal indoor cultivation as authorized under State law and to allow delivery of medical marijuana to individuals in the city that may be unable to travel to locations outside the city to obtain the marijuana. Nothing in this chapter shall be interpreted to conflict with State law, including without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA, as may be amended.

(Ord. No. 355, § 8, 10-23-2017)

As used in this chapter:

"Cannabis," or "marijuana," shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. "Cannabis/marijuana" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis/marijuana" also includes cannabis that is used for medical, non-medical, or other purposes. However, "cannabis/marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis/marijuana" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5.

"Cannabis accessories" means any equipment, products or materials of any kind which are intended for use, or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

"Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Commercial cannabis activity" means cultivation, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, distribution, or sale of cannabis or a cannabis product for medical, nonmedical, or any other purpose and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses.

"Concentrated cannabis" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer. The term "delivery" does not include the distribution of cannabis from a mobile marijuana dispensary.

"Detached accessory structure" shall mean a building completely detached from a residence that complies with the California Building Code and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors.

"Director" means the Planning Director or his/her designee.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as they may be amended from time to time.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.

"Mobile marijuana dispensaries" means any dispensary, cooperative, association, club, business, collective, operator, or provider that does not have a fixed storefront and which operates solely as a mobile retail outlet which transports or delivers, or arranges the transportation or delivery, of cannabis to a person.

"Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

"Personal marijuana cultivation" means cultivation of six or fewer live cannabis plants within a single private residence or fully enclosed accessory structure in accordance with Health and Safety Code section 11362.2.

"Primary caregiver" shall have the same definition as Health and Safety Code section 11362.7, as may be amended and which means a person who takes care of a qualified patient, as defined below.

"Private residence" means a house or other similar dwelling that is lawfully used as a residence.

"Qualified patient" shall have the same definition as Health and Safety Code section 11362.7, as may be amended, and which means a person who is entitled to the protections of Health and Safety Code section 11362.5. For the purposes of this article, qualified patient shall include a person with an identification card, as that term is defined by Health and Safety Code section 11362.7 et seq.

(Ord. No. 355, § 8, 10-23-2017)

17.29.030 - Prohibited uses and activities.

A.

Commercial cannabis activity, whether or not for profit, is prohibited in all zones, specific plan areas, and overlay zones of the City. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the City.

B.

A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

C.

Subsection (A), above, shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time. The City shall also not issue any local license for any activity for which a State license is required under the MAUCRSA to a non-profit entity pursuant to California Business and Professions Code section 26070.5.

D.

To the extent not already prohibited by subsection (A), above, all deliveries of cannabis or cannabis products for non-medicinal purposes, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products for a non-medical purpose, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City. This subsection shall also not prohibit a delivery of cannabis or cannabis products for medicinal purposes as set forth in Section 17.29.040(A).

(Ord. No. 355, § 8, 10-23-2017)

A.

Notwithstanding Section 17.29.030, above, the delivery of medical cannabis to qualified patients with valid identification cards or a verifiable written recommendation from a physician for medical cannabis, and primary caregivers with a valid identification card, is permitted from a dispensary (licensed under the MAUCRSA) with a fixed location operating outside of the City or a primary caregiver cultivating within the boundaries of the City. This exception does not include deliveries made by mobile marijuana dispensaries, as the term is defined in Section 17.29.020.

B.

To the extent that the following activities are permitted by State law, nothing in this chapter shall prohibit a person twenty-one years of age or older from:

1.

Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

2.

Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis;

3.

Smoking or ingesting cannabis or cannabis products except as prohibited by California Health and Safety Code section 11362.3;

4.

Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty-one years of age or older without compensation whatsoever; or

5.

Engaging in the personal indoor cultivation of six or fewer live cannabis plants pursuant to the requirements outlined in Section 17.29.050 of this chapter.

C.

Any commercial cannabis activity that the City is required by State law to permit within its jurisdiction shall not be prohibited by the provisions of this chapter.

D.

A qualified patient or primary caregiver, who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use, or the personal use of the caregiver's qualified patient, but who does not provide, donate, sell, or distribute cannabis to any other person is not thereby engaged in commercial cannabis activity. Nothing in this chapter shall be interpreted to prohibit a qualified patient or primary caregiver from using, possessing, purchasing, obtaining, cultivating or receiving delivery of cannabis for medicinal purposes as allowed under State law.

(Ord. No. 355, § 8, 10-23-2017)

Non-commercial cultivation of small amounts of marijuana for personal use is only permitted in the Residential Agriculture-Suburban (RA-S) zones when all of the following conditions and standards are met:

A.

Generally.

1.

Property. Personal marijuana cultivation is permitted only on parcels developed with a residential unit. A person engaging in personal marijuana cultivation shall not participate in marijuana cultivation in more than one location within the City. Marijuana cultivation activities may only occur within a residential unit, garage or fully-enclosed lockable detached accessory structure. If in the garage, adequate space shall be provided in the garage for the required number of parking spaces, pursuant to Section 17.16.160(B) of the zoning ordinance. The cultivation area shall be contiguous (all located in one area).

2.

Visibility. There shall be no exterior evidence of or visibility of marijuana cultivation from any street, public easement, designated trail or neighboring property.

3.

Security. Any structure used for personal marijuana cultivation shall be secured with locks to prevent unauthorized entry and/or theft and shall remain secure at all times.

4.

Code Compliance. The personal marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use of storage of materials, processes, products or waste. The cultivation site shall be in full compliance with the City building code, electrical code, mechanical code, plumbing code, fire code, zoning code and any other applicable requirement found in Title 8, Title 15 and Title 17 of the Rolling Hills Municipal Code.

5.

Number of Plants. Cultivation shall not exceed a total of six living marijuana plants of any size per parcel. The maximum number of plants shall be limited regardless of the number of qualified patients or primary caregivers residing on the property.

6.

Cultivation Area. Marijuana cultivation may only occur within an area totaling no larger than one hundred square feet per parcel.

7.

Electricity Use. The collective draw from all electrical appliances at the personal marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the primary legal residence at the marijuana cultivation site. Gas products (including, without limitation, CO[2 ] , butane, propane, and natural gas) or generators shall not be used for the cultivation of marijuana. Any lighting fixture used for indoor marijuana cultivation shall not exceed the rated wattage and capacity of the circuit breaker and shall be shielded so as to completely confine light and glare to the interior of the private residence or fully-enclosed detached accessory structure.

8.

Ventilation. Any indoor location used for personal marijuana cultivation must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and shall comply with all applicable building code regulations. Personal marijuana cultivation shall not create humidity or mold within the private residence or fully-enclosed detached accessory structure in violation of Title 8 or 15 of this code.

9.

Residential Structure. The residential unit on the parcel where personal marijuana cultivation occurs shall, at all times, maintain a kitchen, bathroom, and primary bedroom(s) for their intended purpose, and shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing. The property where personal marijuana cultivation occurs shall be occupied.

10.

Accessory Structure. A fully-enclosed detached accessory structure, as defined herein, shall be located within the rear yard area of any legal parcel or premises. The structure shall meet the minimum setback requirements and conditions for accessory structures, as set by the City's zoning code and shall be secured as required in [subsection] (A)(3) above. The building official shall consult with the Director in consideration of any building permit application seeking a building permit for the construction or alteration of any detached accessory structure to be used for personal marijuana cultivation.

B.

The City Manager and his/her designee is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.

(Ord. No. 355, § 8, 10-23-2017)

17.29.060 - Public nuisance.

A.

A violation of this chapter or noncompliance with any of the requirements of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and the Rolling Hills Municipal Code. Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to State law shall be made criminal by this chapter.

B.

Any person violating any provision or failing to comply with any of the mandatory requirements of this chapter is declared to be a public nuisance and may be abated by the City pursuant to Chapter 8.24 of this code.

(Ord. No. 355, § 8, 10-23-2017)

Chapter 17.30 - APPLICATION PROCEDURES

Sections:

A.

Form.

1.

General. An application shall be required for all actions governed by the provisions of this title. The City shall prescribe the form in which application shall be made. The City may prepare and provide blank applications for such purpose and may prescribe the type of information to be provided by the applicant on the application.

2.

Temporary Manufactured Homes. A written application shall be submitted to the City by any property owner whose primary residence is endangered by an active landslide and who seeks to place a manufactured home or trailer on the same lot as the primary residence to serve as temporary living quarters. Such application shall be in the form and shall contain such information as is prescribed by the City Manager, including but not limited to the site plan, an engineer or architect's report describing the damage to the primary residence, and a report by a licensed geologist stating that the placement of a mobile home or trailer on the property will not aggravate the existing slide or cause a safety hazard. The application shall be accompanied by an application fee determined by the City Council.

3.

Complete Application Defined. No application shall be accepted as complete unless it complies with all application requirements. Also, any and all illegal conditions on the subject property must be remedied

before an application is deemed complete.

B.

Who May Initiate an Application. Applications may be initiated by the City Council, the Planning Commission, or any person who is able to demonstrate a legal interest in the proposed application.

The application shall show evidence that the applicant:

1.

Is the owner of the premises involved; or

2.

Has the permission of such owner to make such an application; or

3.

Is or will be the plaintiff in an action in eminent domain to acquire the premises involved; or

4.

Is otherwise authorized by the provisions of this title to make such an application.

(Ord. 239 §11(part), 1993).

Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City. Copies of all notices and actions with certificates or affidavits of posting, mailing, or publication pertaining to the application shall be attached to and permanently filed with that application.

(Ord. 239 §11(part), 1993).

Each applicant for a conditional use permit, variance, site plan review, amendment, zone change or any other relief provided by this title shall pay those fees as designated and established by resolution of the City Council.

(Ord. 239 §11(part), 1993).

Whenever an application has been denied and the denial becomes final, no new application for the same or similar request shall be accepted within one year of the denial date, unless the City Manager, after consultation with the Planning Commission, finds that a sufficient change in circumstances has occurred to warrant a new application.

(Ord. 239 §11(part), 1993).

The Secretary of the Planning Commission shall be charged with the duty and responsibility of maintaining a complete file and record of each application processed pursuant to this title. Files shall contain the original application; all correspondence and reports pertaining thereto; all affidavits of publication, posting and mailing and as required by law; minutes of all meetings of the Planning Commission and the City Council pertaining to the application; advisory report of technical agents; the report, findings and decision of the Planning Commission and/or City Council; and an affidavit of the mailing and give of notice, as required by this title.

(Ord. 239 §11(part), 1993).

Chapter 17.34 - NOTICE AND CONDUCT OF PUBLIC HEARINGS

Sections:

This chapter establishes administrative procedures for public hearings to ensure such hearings are conducted in a fair, consistent manner and in accord with the regulations prescribed by State law.

(Ord. 239 §11(part), 1993).

A.

Public hearings shall be required for the following applications:

1.

Variances;

2.

Conditional use permits;

3.

Site plan review, including modifications;

4.

Zoning map changes;

5.

Zoning ordinance amendments;

6.

Revocation of variance, conditional use permit, site plan review, or nonconforming use;

7.

Appeals;

8.

View preservation; and

9.

Lot line adjustments.

B.

Table 17.34.020 indicates the hearing bodies responsible for conducting the required public hearings and whether noticing is required.

TABLE 17.34.020

RESPONSIBLE HEARING BODIES

Lot Line Adjustment

X

A

Yes

Abbreviations: PC = Planning Commission;

CC = City Council

X = Responsible Body

A = Appeal Body or Review Body

• (Ord. 295 §7 (Exh. B (part)), 2004; Ord. 258 §2, 1996; Ord. 239 §11(part), 1993).

The following noticing requirements shall apply to all applications requiring public notice.

A.

Form of Notice for All Applications Except Revocation of Variances and Nonconforming Uses. Notice of the time and place of public hearing shall be made as follows, where not contrary to the provisions of Chapters 3 and 4, Title 7 of the California Government Code, and where no other provision is made in this title for notice:

1.

Such notice shall be published in at least one newspaper of general circulation in the City, or if there are none, in a newspaper of general circulation in Los Angeles County. The notice shall appear in the newspaper not less than ten calendar days prior to the date of the public hearing. However, if a Negative Declaration is to be adopted pursuant to Section 21080(c) of the State of California Public Resources Code, then notice of the hearing shall be provided as required by the Public Resources Code.

2.

A written notice of the hearing shall be mailed to the owner of the affected property and also to the owners of property located within one thousand feet of the exterior boundaries of the affected property not less than ten calendar days prior to the hearing date. The latest available assessment roll of the Assessor of Los Angeles County, or other list approved by the legislative body, shall be used in determining the names and addresses of the property owners.

B.

Form of Notice for Revocation of Variances or Nonconforming Uses. Notice of the time and place of public hearing shall be made as follows, where not contrary to the provisions of Chapters 3 and 4, Title 7 of the California Government Code, and where no other provision is made in this title for notice:

1.

A written notice shall be mailed via first-class mail to the owner or owners and to the occupant or occupants of the property involved. The notice shall set forth the grounds for the proposed revocation.

2.

The notice shall be mailed not less than ten calendar days prior to the hearing.

3.

In addition, the Planning Commission may order notice of such hearing to be given to other interested persons as the Commission deems necessary and proper in its discretion.

(Ord. 239 §11(part), 1993).

C.

Required Wording on Notices.

1.

Public notices of hearings on zone changes, amendments, variances, conditional use permits or revocations shall contain the words "notice of proposed change of zone," "notice of proposed zoning ordinance amendment," "notice of proposed variance," "notice of proposed conditional use permit" or "notice of proposed revocation," as is the applicable case. The notice shall describe the property under consideration, the nature of the proposed application, the time and place of the public hearing or hearings on the application, and any other information the legislative body deems appropriate.

2.

All such notices shall also contain language in substantially the following form: "Subsequent to final City action on this item, should you challenge the City's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing, or to issues addressed in written correspondence delivered to the City either at or prior to the public hearing described in this notice."

D.

Evidence of Notice. Evidence of all notice associated with an application shall be maintained in the file of the affected application or with the City Clerk.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 14), 6-11-2012)

A.

For applications or proposals requiring public hearing before the Planning Commission, the Secretary of the Planning Commission shall set the date and time of the hearing. For applications or proposals requiring public hearing before the City Council, the Clerk of the City Council shall set the date and time of the hearing.

B.

The date of the hearing shall occur within the time required by Government Code Section 65920 et seq. or other applicable law.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 15), 6-11-2012)

The City Council and the Planning Commission may establish rules governing the conduct of public hearings conducted by that body.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6(Exh. A, Pt. 16), 6-11-2012)

The Planning Commission shall be responsible for investigating, or directing the investigation, of the facts bearing upon an application or similar matter set for hearing. The investigation shall also include an analysis of precedent cases and other relevant information necessary to assure that action on each case is consistent with the purpose of this title and with previous decisions.

(Ord. 239 §11(part), 1993).

17.34.070 - Hearings—Number required.

A.

Zone Changes and Amendments. Zone changes and amendments require at least one hearing before the Planning Commission and one hearing before the City Council.

B.

Conditional Use Permits, Variances, Site Plan Review, Revocations and Extensions of Conditional Use Permits. Conditional use permits, variances, site plan review, revocations and extensions of conditional use permits shall require at least one hearing before the planning commission.

(Ord. 239 §11(part), 1993).

If, for any reason, testimony in any case set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before recess or adjournment thereof, publicly announce the time and place to which the hearing will be continued. No further public notice shall be required.

(Ord. 239 §11(part), 1993).

Following the rendering of a decision on an application, a copy of the decision and the findings associated with that decision shall be mailed to the applicant at the address shown on the application. In the case of a variance or conditional use permit, a copy of the decision and findings shall also be mailed to all persons of record who appear in opposition to the decision, as well as to the City Clerk, City Manager and each member of the City Council.

(Ord. 239 §11(part), 1993).

Chapter 17.38 - VARIANCES

Sections:

A.

The variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

B.

Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this title governing that property.

(Ord. 239 §11(part), 1993).

In addition to the application information required under Chapter 17.30 of this title, an application for a variance shall include: a description of the special circumstances or conditions applicable to the property; the reasons as to why a variance request has been filed; and a statement that the application meets the findings specified in Section 17.38.050.

(Ord. 239 §11(part), 1993).

A.

An application shall be filed pursuant to the provisions of Chapter 17.30. Upon acceptance of a variance application as complete, Planning staff shall review the application for conformance with the provisions of this title. Planning staff shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.34.

B.

The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.34.

C.

The Commission shall act to approve, conditionally approve or deny the application.

D.

Within thirty calendar days following the decision of the Planning Commission, the Commission shall adopt a resolution containing its decisions and findings. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the variance necessary to carry out the provisions and general purpose of this title. Conditions may be imposed on the variance.

E.

The Commission's resolution and notice of decision shall be filed with the City Clerk. The Clerk shall place the Commission's resolution and decision on an agenda of the City Council.

(Ord. 239 §11(part), 1993).

17.38.040 - Finality of commission decision and effective date.

The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty days after the adoption of the resolution, unless an appeal has been filed or the City Council takes jurisdiction in accordance with the procedures specified in Chapter 17.54.

(Ord. 239 §11(part), 1993).

In granting a variance, the Commission (and Council on appeal) must make the following findings:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone;

B.

That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question;

C.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity;

D.

That in granting the variance, the spirit and intent of this title will be observed;

E.

That the variance does not grant special privilege to the applicant;

F.

That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and

G.

That the variance request is consistent with the general plan of the City of Rolling Hills.

(Ord. 239 §11(part), 1993).

No variance shall be effective for any purpose until the applicant executes an affidavit provided by the City declaring that the applicant is aware of and accepts the conditions that have been imposed on the variance. Each variance granted shall have a condition to this effect. The executed affidavit shall be recorded with the County Recorder.

(Ord. 239 §11(part), 1993).

A.

After a variance application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications.

B.

Any property owner, or his designated representative, seeking to modify an approved variance shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications.

C.

Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City

Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title.

D.

Major modifications shall be considered a new project. As such, a new application for a variance shall be required, and the application shall be reviewed as provided for in this chapter.

(Ord. 301 §6 (Exh. A (part)), 2006).

(Ord. No. 327, § 6 (Exh. A, Pt. 32), 6-11-2012)

The following time limits shall apply to approved variances:

A.

Use of Variance.

1.

Any variance which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior to the original expiration date.

2.

For the purpose of this section, "used" means the commencement of grading or construction or any activity authorized by the grant.

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

17.38.080 - Transferability.

A variance that is valid and in effect and granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.

(Ord. 239 §11(part), 1993).

Chapter 17.42 - CONDITIONAL USE PERMITS

Sections:

The City recognizes that certain uses, due to the nature of use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses or, through

the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.

(Ord. 239 §11(part), 1993).

Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zone district. If the proposed project does not comply with an applicable development standard, a separate variance application shall be filed. The conditional use permit and variance applications may be processed concurrently.

(Ord. 239 §11(part), 1993).

A.

An application shall be filed pursuant to the provisions of Chapter 17.30. Upon acceptance of a conditional use permit application as complete, Planning staff shall review the application for conformance with the provisions of this title. Planning staff shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.34.

B.

The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.34.

C.

The Commission shall act to approve, conditionally approve or deny the application.

D.

Within thirty calendar days following the decision of the Planning Commission, the Commission shall adopt a resolution containing its findings and decisions. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this title. If the conditional use permit is granted, the report shall recite the conditions and limitations imposed, if any.

E.

The Commission's resolution and notice of decision shall be filed with the City Clerk. The Clerk shall place the Commission's resolution and decision on an agenda of the City Council.

(Ord. 239 §11(part), 1993).

17.42.040 - Finality of commission decision and effective date.

The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty days after the adoption of the resolution, unless an appeal has been filed or the City Council takes jurisdiction in accordance with the procedures specified in Chapter 17.54.

(Ord. 239 §11(part), 1993).

The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards:

A.

That the proposed conditional use is consistent with the General Plan;

B.

That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures;

C.

That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed;

D.

That the proposed conditional use complies with all applicable development standards of the zone district;

E.

That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities;

F.

That the proposed conditional use observes the spirit and intent of this title.

(Ord. 239 §11(part), 1993).

No conditional use permit shall be effective for any purpose until the applicant executes an affidavit provided by the City declaring that the applicant is aware of and accepts the conditions that have been

imposed on the conditional use permit. Each conditional use permit granted shall have a condition to this effect. The executed affidavit shall be recorded with the County Recorder.

(Ord. 239 §11(part), 1993).

A.

After a conditional use permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional conditional use permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications.

B.

Any property owner, or his designated representative, seeking to modify an approved conditional use permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications.

C.

Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original conditional use permit approval. An action of the City Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title.

D.

Major modifications shall be considered a new project. As such, a new application for conditional use permit shall be required, and the application shall be reviewed as provided for in this chapter.

(Ord. 301 §6 (Exh. A (part)), 2006).

(Ord. No. 327, § 6 (Exh. A, Pt. 33), 6-11-2012)

The following time limits shall apply to approved conditional use permits:

A.

Use of Conditional Use Permit.

Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior to the original expiration date.

2.

Extensions of conditional use permits for temporary manufactured homes may be granted for subsequent one-year periods until the permit is revoked pursuant to Chapter 17.58 of this code. A hearing shall be conducted for each extension pursuant to Section 17.34.070 of this code.

3.

For the purpose of this section, "used" means the commencement of grading or construction or any activity authorized by the grant.

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

A conditional use permit that is valid and in effect and granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.

(Ord. 239 §11(part), 1993).

Chapter 17.44 - ZONE CLEARANCE

Sections:

The zone clearance process is established to require nondiscretionary administrative review of certain development projects and accessory structures that are not subject to the site plan review process or any other discretionary review under this title. The purpose of the zone clearance process is to ensure that the proposed use or structure satisfies the objective criteria set forth in this title and other provisions of the Rolling Hills Municipal Code.

(Ord. 251 §1(part), 1995).

Zone clearance shall be required for the following projects and structures:

A.

The construction of a stable, run-in shed, corral, turnout, aviary and other related agricultural structures and uses as specified in Section 17.18.040 of Chapter 17.18, and which do not require grading.

B.

Alteration, modification, or repair of any existing structures, and the construction of new accessory structures not greater than two hundred square feet, and structures which are exempt from site plan review, as specified in Section 17.46.020 Site Plan Review of this title.

C.

Additions to a single-family dwelling unit (including attached garage), which increases the size of the structure by no more than nine hundred ninety nine square feet and where less than fifty percent of the existing exterior walls (in linear feet) are proposed for demolition, in any thirty-six-month period, which period shall be measured from the date that a certificate of occupancy or final construction inspection was issued for a prior addition.

D.

All other miscellaneous projects and structures, including, but not limited to architectural features and elements, porches and patios not higher than twelve inches above the natural grade, driveways, entryways, outdoor barbecues and fire places, gazebos, pilasters, service yard, boundary fences, hardscape, drainage devices, solar panels and similar structures, provided the construction thereof does not trigger grading (except that the construction of an accessory dwelling unit is not required to adhere to the grading requirements outlined in Title 15), is not part of a development plan which otherwise requires a discretionary approval, such as site plan review, conditional use permit or a variance and meet all the requirements of this title.

E.

Reconstruction of a single-family dwelling unit (including attached garage) within the existing footprint, including an addition that increases the size of the dwelling by no more than nine hundred ninety-nine square feet and where fifty percent or more of the existing exterior walls (in linear feet) are proposed for demolition, if after flagging the entire proposed roof line including any addition, and notifying in writing by regular mail the owners of property located within one thousand feet of the exterior property line of the affected lot ("noticed property"), and property owners from no more than one noticed property submit a written objection within fourteen days of the date of the notice.

F.

Creation of either an accessory dwelling unit or a junior accessory dwelling unit, as specified in Chapter 17.28.

G.

The installation, construction, modification, replacement, or placement certain wireless communications facilities requiring a zone clearance, as specified by Section 17.27.040.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 251 §1(part), 1995).

(Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 326, § 9 (Exh. A, Pt. IV.3), 4-23-2012; Ord. No. 329, § 6 (Exh. A, Pt. 1), 7-23-2012; Ord. No. 358, §§ 5, 6, 2-12-2018; Ord. No. 384, § 5, 1-8-2024)

In order to facilitate the zone clearance process, the applicant shall submit an application, accompanied by plans in the form prescribed by the City Manager, and pay the required application fee as set forth by resolution of the City Council.

(Ord. 251 §1(part), 1995).

Zone clearance applications shall be subject to the review and approval of the City Manager or designee unless otherwise stated in the section of this title setting forth the criteria for such use or structure.

(Ord. 251 §1(part), 1995).

17.44.050 - Proceedings.

A.

Upon acceptance of a complete application for zone clearance, the City Manager or designee shall review the application for conformance with the provisions of this title. The application shall be reviewed solely for the purpose of assuring that the proposed use or structure is in compliance with the requirements of this title and other provisions of this code. No public hearing on the application shall be required.

B.

Administrative review for accessory dwelling units and/or junior accessory dwelling units shall be completed within one hundred twenty days of receipt of a complete application and subject to the provisions outlined in Chapter 17.28.

(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 251 §1(part), 1995).

(Ord. No. 358, § 7, 2-12-2018)

A.

An approved administrative plan review shall expire one year from the date of approval if building permits have not been obtained or construction has not commenced for those projects that do not require building permits.

B.

Extension. The City Manager or designee may grant up to a one-year extension of the expiration of an administrative plan review approval, if it is found that the conditions, including, but not be limited to changes in the zoning and other codes provisions, under which the administrative plan review approval was issued have not changed.

(Ord. No. 327, § 6 (Exh. A, Pts. 21A, 24), 6-11-2012)

Editor's note— Ord. No. 327, §§ 23, 24, adopted June 11, 2012, repealed § 17.44.060 which pertained to appeals and derived from Ord. 251, § 1(part), adopted in 1995 and Ord. 295, § 7 (Exh. B(part)), adopted in 2004.

Chapter 17.45 - SB 9 TWO-UNIT PROJECTS

Sections:

The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)

A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)

A.

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).

B.

An application for a two-unit project must be submitted on the City's approved form. The application must include, but not be limited to, the following: a certificate of compliance with the Subdivision Map Act for the lot; a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this chapter; a survey from a qualified biologist showing that there are no protected species on site; and an affidavit certifying compliance with all requirements of this chapter.

C.

Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within thirty days after the application is submitted.

D.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)

17.45.040 - Approval.

A.

An application for a two-unit project is approved or denied ministerially, by the planning director or his or her designee, without discretionary review.

B.

The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C.

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

D.

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)

A.

A two-unit project must satisfy each of the following requirements:

1.

Map Act Compliance. The lot must have been legally subdivided.

2.

Zone. The lot is in a single-family residential zone.

3.

Lot Location. The lot is not located on a site that is any of the following:

a.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

b.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

f.

Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g.

Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

h.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

i.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

j.

Lands under conservation easement.

4.

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

5.

No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the fifteen years prior to submission of the urban lot split application.

d.

Housing that has been occupied by a tenant in the last three years. Optional: The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the

veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6.

Unit Standards.

a.

Quantity.

(i)

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

(ii)

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the City's ADU ordinance.

b.

Unit Size.

(i)

The total floor area of each primary dwelling built that is developed under this section must be:

(I)

Less than or equal to eight hundred [square feet]; and

(II)

More than five hundred square feet.

(ii)

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

(iii)

A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred square feet may be expanded to eight hundred square feet after or as part of the two-unit project.

c.

Height Restrictions.

(i)

No new primary dwelling unit may exceed a single story or sixteen feet in height, measured from grade to peak of the structure.

(ii)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

d.

Demo Cap. The two-unit project may not involve the demolition of more than twenty-five percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

e.

Lot Coverage. All structures as defined in Section 17.16.070 on a lot shall not cover more than twenty percent of the net lot area. All structures and all other impervious surfaces as defined in Section 17.16.070 on a lot shall not cover more than thirty-five percent of the net lot area. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred square feet each.

f.

Open Space. No development pursuant to this chapter may cause the total percentage of open space of the lot [to] fall below fifty percent. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred square feet each.

g.

Setbacks.

(i)

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(ii)

Exceptions. Notwithstanding subpart (A)(6)(g)(i) above:

(I)

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(II)

Eight Hundred Square Feet; Four-Foot Side and Rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least eight hundred square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

(iii)

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least thirty feet from the front property lines. The front setback area must:

(I)

Be kept free from all structures greater than three feet high;

(II)

Be at least fifty percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

(III)

Allow for vehicular and fire-safety access.

h.

Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

(i)

The lot is located within one-half mile walking distance of either

(I)

A corridor with fixed route bus service with service intervals no longer than fifteen minutes during peak commute hours; or

(II)

A site that contains:

(ia)

An existing rail or bus rapid transit station;

(ib)

A ferry terminal served by either a bus or rail transit service; or

(ic)

The intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods.

(ii)

The site is located within one block of a car-share vehicle location.

i.

Architecture.

(i)

Architecture is limited to white California ranch style homes rambling in character with low profile silhouette and exterior three-rail fences.

(ii)

If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(iii)

If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(iv)

All exterior lighting must be limited to down-lights.

(v)

No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

j.

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not within rights-of-way and bridle trails) as follows:

(i)

At least one fifteen-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four-inch box size plant shall be provided for every ten linear feet of exterior wall.

(ii)

Plant specimens must be at least eight feet tall when installed.

(iii)

All landscaping must be drought-tolerant.

(iv)

All landscaping must be from the City's approved plant list.

k.

Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

l.

Utilities.

(i)

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

(ii)

Each primary dwelling unit must have its own separate direct utility connection to an onsite wastewater treatment system or sewer in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

(iii)

All utilities must be underground.

m.

Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

7.

Fire-Hazard Mitigation Measures.

a.

A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(i)

Water Sources.

(I)

Fire Hydrants.

(ia)

Public fire hydrants shall be spaced no more than six hundred feet (182.88 m) apart. For properties with more than one dwelling unit per acre, no portion of lot frontage should be more than three hundred sixty feet away, via fire apparatus access, from a hydrant. For properties less than one dwelling unit per acre, no portion of a fire apparatus access road shall be farther than six hundred feet away, via fire apparatus access, from a properly spaced hydrant that meets the required fire-flow.

(ib)

When any portion of a proposed structure exceeds the allowable distances from a public hydrant, via fire apparatus access, on-site hydrants shall be provided. The spacing distance between on-site hydrants shall be three hundred to four hundred feet (91.44 to 121.92 m). All on-site fire hydrants shall have, at a minimum, a fire-flow of one thousand two hundred fifty gallons per minute (4,732 L/min) at twenty psi (137.895 kPa) for a duration of two hours. If more than one on-site fire hydrant is required, the fire flow shall be two thousand five hundred gallons per minute (9,463.53 L/min) at twenty psi (137.895 kPa) for a duration of two hours. All on-site hydrants shall be installed a minimum of twenty-five feet (7,620 mm) from a structure or protected by a two-hour firewall.

(II)

Sprinklers. All enclosed structures on site must have automatic sprinkler systems installed.

(ii)

Access.

(I)

A lot must have direct access through its own paved driveway with a width of at least thirty feet connecting with direct access to a paved right-of-way or fire apparatus access road with a width of at least forty feet, exclusive of shoulders. A lot must access such paved right-of-way or fire apparatus access road with at least two independent paved points of access for fire and life safety to access and for residents to evacuate.

(II)

No dwelling unit shall be within thirty feet of any other dwelling unit or any other enclosed structure on such lot.

(iii)

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

b.

Prior to submitting an application for development under this chapter, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this chapter. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

8.

Separate Conveyance.

a.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b.

Condominium airspace divisions and common interest developments are not permitted within the lot.

c.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

d.

No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

9.

Regulation of Uses.

a.

Residential-Only. No non-residential use is permitted on the lot.

b.

No STRs. No dwelling unit on the lot may be rented for a period of less than thirty days.

c.

Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

Notice of Construction.

a.

At least thirty business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(i)

Notice that construction has been authorized;

(ii)

The anticipated start and end dates for construction;

(iii)

The hours of construction;

(iv)

Contact information for the project manager (for construction-related complaints); and

(v)

Contact information for the Building and Safety Department.

b.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

11.

Deed Restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:

a.

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days.

b.

Expressly prohibits any non-residential use of the lot.

c.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d.

If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

e.

Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

B.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2.

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

C.

Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2.

The City may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars, or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's code.

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)

Chapter 17.46 - SITE PLAN REVIEW

Sections:

The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills.

(Ord. 239 §11(part), 1993).

17.46.020 - Applicability.

A.

Site Plan Review shall be required for the following projects:

1.

Any grading, except when exempt, pursuant to Section 15.04.120 of the Building and Construction Code.

The construction of any new building or structure, except for the following:

a.

A swimming pool and spa, which is less than eight hundred square feet in area (area of surface water), that do not require grading and when such construction would not cause exceedance of the requirements for structural and total net lot coverage and disturbed area of the lot. For the purpose of this section, the actual excavation for the swimming pool or spa is not considered grading. However, should there be a need to create a buildable pad for the purpose of locating the swimming pool or spa on the pad, and if such construction does not meet the exemption criteria pursuant to Section 15.04.120 of the Building and Construction Code, a site plan review shall be required.

b.

Reconstruction of any conforming, legally established primary residential structure or accessory structure which is damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, subject to Chapter 17.24.

c.

Reconstruction of any nonconforming, legally established primary residential structure or accessory structures which are damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, meeting the criteria of Sections 17.24.050(A) and 17.24.050(B) of this title.

d.

Pool equipment, fountain and water features.

e.

Structures and uses listed in Section 17.16.140 (Permitted projections),Section 17.16.150 (Structures and driveways permitted within setbacks), Chapter 17.28 (Accessory dwelling units), and Section 17.44.020 (Zone clearance) of this title.

f.

Notwithstanding the requirement of subsection (A)(3)(c) of this section, reconstruction within the existing footprint of a single-family dwelling unit (including attached garage) located within the overlay zoning district specified in Chapter 17.17 (OZD-1) of this title.

g.

Notwithstanding the requirement of subsection (A)(3)(c) of this section, reconstruction within the existing footprint of a single-family dwelling unit (including attached garage) that meets the criteria for the reduced setbacks in Section 17.24.045 of this title.

The expansion, modification, alteration or repair of any existing building or structure which:

a.

Requires grading.

b.

Increases the size of the building or structure by more than nine hundred ninety-nine square feet.

c.

Reconstruction of a single-family dwelling unit (including attached garage) within the existing footprint, including an increase, if any, in the size of the dwelling of no more than nine hundred ninety-nine square feet, if all of the following apply:

1.

Fifty percent or more of the existing exterior walls (in linear feet) of the structure are proposed for demolition; and

2.

Two or more objections are received by the City from noticed property in response to the notification procedure set forth in Section 17.44.020(E).

B.

No grading, electrical, plumbing, mechanical or building permit shall be issued for any such construction or modification until the provisions of this title have been complied with fully.

(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. 326, § 9 (Exh. A, Pt. IV.2), 4-23-2012; Ord. No. 329, § 6 (Exh. A, Pt. 2), 7-23-2012; Ord. No. 358, § 8, 2-12-2018)

17.46.030 - Plans required.

In order to facilitate the site plan review process, the applicant shall provide the following plans in conjunction with the application required by Section 17.30.010.

A.

Site Plan. A scaled, dimensioned site plan shall be provided on a suitable base map. The plan shall show, at a minimum, all existing and proposed buildings. Other information shall be shown as specified on the site plan review application.

B.

Preliminary Grading and Drainage Plan. The preliminary grading and drainage plan shall be prepared on a topographic map with minimum four-foot contours. The grading plan shall show all cut and fill slopes,

existing and proposed drainage, existing and proposed building pads, and shall calculate grading volumes.

(Ord. 239 §11(part), 1993).

A.

An application shall be filed pursuant to the provisions of Chapter 17.30. Upon acceptance of the application as complete, planning staff shall review the application for conformance with the provisions of this title. Planning staff shall prepare a recommendation and forward the recommendation, application and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.34.

B.

The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.34.

C.

The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. Notwithstanding any such condition, if future construction requires a variance or a conditional use permit, a site plan review is not also required.

Further, notwithstanding any such condition on a discretionary plan review, the City Manager or designee may, without site plan review, approve the following construction provided that such construction meets the development standards of this title and no discretionary review is otherwise required under this title:

1.

Structures ancillary to the primary residence such as trellises, barbecues, fireplaces, fountains, and similar minor amenities where the cumulative total of all such improvements does not exceed three hundred square feet;

2.

Hardscape improvements, walkways and pathways that do not exceed standards in this title;

3.

Garden and decorative walls not to exceed three feet in height;

4.

Play areas (excluding sport courts) not to exceed one thousand square feet in area and which do not require more than a total of fifty cubic yards of dirt;

5.

Creation of an accessory dwelling unit and junior accessory dwelling unit, as specified in Chapter 17.28;

6.

Similar minor improvements determined by the City Manager or designee to not have greater impacts on the property than those enumerated above.

D.

Within thirty calendar days following the Planning Commission decision, the Commission shall adopt a resolution containing its decision and findings. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the site plan necessary to carry out the provisions and general purpose of this title. Conditions may be imposed.

E.

The Commission's resolution and notice of decision shall be filed with the City Clerk. The Clerk shall place the Commission's resolution and decision on an agenda of the City Council.

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

(Ord. No. 327, § 6 (Exh. A, Pt. 17), 6-11-2012; Ord. No. 358, § 9, 2-12-2018)

17.46.050 - Required findings.

A.

The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application.

B.

No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made:

1.

The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance;

2.

The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot;

3.

The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences;

The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls);

5.

Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area;

6.

Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course;

7.

The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas;

8.

The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and

9.

The project conforms to the requirements of the California Environmental Quality Act.

C.

If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied.

(Ord. 239 §11(part), 1993).

The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty days after the adoption of the resolution, unless an appeal has been filed or the City Council takes jurisdiction in accordance with the procedures specified in Chapter 17.54.

(Ord. 239 §11(part), 1993).

No site plan review shall be effective for any purpose until the applicant executes an affidavit provided by the City declaring that the applicant is aware of and accepts the conditions that have been imposed on the site plan review. Each site plan review granted shall have a condition to this effect. The executed affidavit shall be recorded with the County Recorder.

(Ord. 295 §7 (Exh. B (part)), 2004).

A.

After a site plan review application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications.

B.

Any property owner, or his designated representative, seeking to modify an approved site plan review shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications.

C.

Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. An action of the City Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title.

D.

Major modifications shall be considered a new project. As such, a new application for site plan review shall be required, and the application shall be reviewed as provided for in this chapter.

E.

Upon approval of the Building Official of the final grading plans for a project that has received site plan review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review will require a public hearing before the Planning Commission if the final grading plans represent a major modification of the project.

(Ord. 286 §3, 2001; Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 34), 6-11-2012)

17.46.080 - Expiration of approval.

A.

Expiration. A site plan approval shall become automatically null and void, unless extended as provided for in subsection B of this section, if either of the following occurs:

1.

If within the time specified in the conditions of approval, or if no time is specified, within two years from the Commission's decision, grading or construction has not yet commenced, or if commenced, such work has been suspended or abandoned at any time after commencement for a period of one hundred eighty or more days; or

2.

If circumstances arise which terminate the permit pursuant to any termination provision included as a condition of the permit.

B.

Extension.

1.

The Commission, or Council on appeal, may extend the date of expiration of an approval. In order for an extension to be considered, the property owner shall be required to file an application on or before the date of expiration of the approval. No public hearing to consider the extension shall be required, unless otherwise required by subsection (B)(3) of this section.

2.

The Commission or Council may extend the expiration if findings can be made that the expiration would constitute an undue hardship upon the property owner and that the continuation of the approval would not be materially detrimental to the health, safety and general welfare of the public.

3.

Extension may be granted for a period of not more than two years. If within the two year time extension beyond the original project approval the project has not commenced, a new application shall be submitted and approval of the project may only be granted or denied in the same manner and based upon the same criteria as required for approval of the original project.

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

No certificate of occupancy shall be issued, nor any authorization to connect utilities provided, until final inspection has determined that the construction complies with approved plans.

(Ord. 239 §11(part), 1993).