Chapter 17.48 — TEMPORARY USE PERMITS

This chapter provides a process for reviewing proposed temporary uses to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. However, these activities should be regulated to avoid incompatibility between the proposed activity and surrounding areas.

(Ord. No. 368, § 1, 1-25-2021)

A.

Permit Requirement. A temporary use permit approved by the applicable review authority shall be required for all uses identified in Section 17.48.040 (Allowed Temporary Uses), and shall be issued before the commencement of the activity.

B.

Exempt Activities. Emergency public health and safety activities are exempt from the requirement for a temporary use permit and other City approval.

(Ord. No. 368, § 1, 1-25-2021)

Director Review (Temporary Uses). The Planning and Community Services Director ("Director") shall be responsible for the review and approval of all permits for temporary uses identified in Section 17.48.040 (Allowed Temporary Uses), and the extension of these permits.

(Ord. No. 368, § 1, 1-25-2021)

The following temporary uses may be allowed, subject to the issuance of a temporary use permit by the applicable review authority.

A.

Temporary Structures for Active Construction Sites and Time Periods.

1.

Temporary Construction Fences. A temporary construction fence is permitted, provided the construction activity is occurring and it is occurring outside of the structure or on the exterior of the structure on the subject property. A temporary construction fence is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

2.

Temporary Construction Offices. A temporary construction office is permitted, provided the construction activity is occurring. A temporary construction office is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

3.

Temporary Construction Storage Containers. One temporary construction storage container (up to eight feet wide and forty feet long) is permitted, provided the construction activity is occurring. A temporary construction storage container is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

4.

Temporary Self-Contained Portable Toilets. A temporary self-contained portable toilet is permitted, provided the construction activity is occurring. A temporary self-contained portable toilet is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

5.

Temporary Construction Power Pole. A temporary construction power pole is permitted, provided the construction activity is occurring. A temporary construction power pole is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

B.

Temporary Structures for Non-Active Construction Sites and Time Periods.

1.

Storage. Temporary, portable storage units, such as PODs or U-PACKS, are allowed to be located on driveways for no more than a week.

2.

Self-Contained Portable Toilets.

a.

A temporary self-contained portable toilet is permitted, during interruption of sewer or septic service for emergencies or planned upgrades/repairs. The use of self-contained portable toilets is limited to the time period of the interruption of sewer or septic service.

b.

A temporary self-contained portable toilet is permitted, during special events such as wedding receptions or family reunions on private property. The use of self-contained portable toilets is limited to four calendar days or less.

3.

Stockpiling. Temporary storage of clean dirt, sand, gravel, or similar non-polluting materials for a limited period of time, on a property where such material is not proposed to be used for construction activities.

4.

Temporary Wireless Facilities. The installation, construction, modification, replacement, or placement certain tempory wireless communications facilities requireing a temorary use permit, as specified by Section 17.27.040.

C.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the review authority, are compatible with the zoning district and surrounding land uses.

(Ord. No. 368, § 1, 1-25-2021; Ord. No. 384, § 6, 1-8-2024)

17.48.050 - Application filing, processing, and review.

A.

Application Preparation and Filing - General Application Requirements. An application for a temporary use permit shall be prepared, filed, and processed in compliance with Chapter 17.30 (Application Procedures). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.48.060 (Findings and Decision - Temporary Use Permits), below.

B.

Time for Filing.

1.

A temporary use permit application for Temporary Self-Contained Portable Toilets on Non-Active Construction Sites shall be filed at least 48 hours in advance of the proposed commencement of the use unless in the case of an emergency.

2.

A temporary use permit application for the remaining authorized temporary uses shall be filed at least fourteen days in advance of the proposed commencement of the use unless in the case of an emergency.

C.

Public Notice and Hearing. The type and extent of public notice provided to area residents shall be determined by the Planning and Community Services Director for temporary use permits, and the extensions of these permits. The applicant shall pay for all noticing costs.

D.

Additional Permits Required. Temporary uses may be subject to additional permits and other City approvals, licenses, and inspections required by applicable laws or regulations.

(Ord. No. 368, § 1, 1-25-2021)

A temporary use permit may be approved, modified, or conditioned only if the review authority first finds that:

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.

(Ord. No. 368, § 1, 1-25-2021)

In approving a temporary use permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions to ensure that:

A.

The use is limited to a duration that is less than the maximum allowed duration, as determined appropriate by the review authority;

B.

The site is physically adequate for the type, density, and intensity of use being proposed, including the absence of physical constraints;

C.

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

D.

The temporary use will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Zoning Ordinance;

E.

The use will comply with applicable provisions of other local, State, or Federal laws or regulations; and

F.

Any other pertinent factors affecting the operation of the temporary use will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use, in compliance with the intent and purpose of this chapter.

(Ord. No. 368, § 1, 1-25-2021)

17.48.080 - Development and operating standards.

A.

General Standards. Standards for heights, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall be used as a guide for determining the appropriate development standards for temporary uses. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate.

B.

Standards for Specific Temporary Activities. Specific temporary land use activities shall comply with the development standards identified in Title 17 (Zoning) as applicable to the use, in addition to those identified in subsection (A) of this section, and Section 17.48.070 (Conditions of Approval).

(Ord. No. 368, § 1, 1-25-2021)

17.48.090 - Post-approval procedures.

A.

Appeal. The approval, denial, or revocation of a temporary use permit may be appealed in compliance with Chapter 17.55.

B.

Revocation. A temporary use permit may be revoked or modified by the Director on the following grounds:

1.

That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or

2.

That the approval is being or recently has been exercised contrary to or in violation of the terms or conditions of such approval or other authorization; or

3.

That the approval is or recently has been exercised in violation of any statute, law or regulation; or

4.

That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.

C.

Extension of the Permit. The Director may extend the operational length of the temporary use permit if the delay is beyond the control of and was not the result of actions by the permittee for up to the period of the delay.

D.

Expiration. A temporary use permit shall be considered to have expired when the approved use has ceased or was suspended.

(Ord. No. 368, § 1, 1-25-2021)

A.

Maintaining a temporary use authorized by Section 17.48.040 without a valid permit is hereby declared to be a public nuisance.

B.

Maintaining a temporary use authorized by Section 17.48.040 without a valid permit is an infraction and subject to the penalty provisions identified in Section 1.08.020.

(Ord. No. 368, § 1, 1-25-2021)

Chapter 17.50 - ZONE CHANGES AND ORDINANCE AMENDMENTS

Sections:

This chapter establishes procedures to allow for properties to be rezoned, where deemed consistent with City land use policy and in the interest of the public health, safety and general welfare, and to allow for amendments to the provisions of this title.

(Ord. 239 §11(part), 1993).

Notwithstanding the provisions of Chapter 17.30, initiation of amendments for changes of zone or modification of the provisions of this title shall be as follows:

A.

By the direction of the City Council; or

B.

By the direction of the Planning Commission; or

C.

By application by one or more property owners of property proposed for rezoning. Such application shall be filed as required by Chapter 17.30. Furthermore, the application shall explain the reason of public necessity, convenience, health, safety or general welfare requiring such amendment.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 29), 6-11-2012)

17.50.030 - Proceedings—Planning commission.

A.

Upon the acceptance of a completed application or upon the direction for zoning code amendment or zoning change as described in Section 17.50.020 above, the 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 or resolution, and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing before the Planning Commission pursuant to the provisions of Chapter 17.34.

B.

The Planning Commission shall hear and take action upon the application or motion pursuant to the provisions of Chapter 17.34. The Commission may continue the hearing from time to time, and no additional notification shall be required.

C.

The Commission shall act to recommend approval, approval with modifications or denial of the application.

D.

Within forty-five days following the action of the Planning Commission, the Commission shall adopt a resolution recommending whether to approve, approve with modifications or deny the zone change or amendment.

E.

The Commission's resolution shall be filed with the City Clerk not more than five working days following the Commission's final action.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 30), 6-11-2012)

A.

Upon receipt of a Planning Commission resolution recommending denial of a zone change or amendment, the City Clerk shall place the Commission's resolution on an agenda of the City Council for consideration within forty-five days of the resolution adoption. The Commission's decision will be considered final and no further action by the Council will be required unless, within ten days after the item appears on the Council's agenda, an appeal is filed pursuant to Chapter 17.54, or unless the City Council sets the matter for Council hearing. All such hearings shall be noticed and conducted as provided for in Section 17.34.

B.

Upon receipt of the resolution of the Planning Commission recommending approval of a zone change or amendment, the City Clerk shall set the matter for hearing before the City Council as provided for in Section 17.34.

C.

The City Council shall hear and take action upon the application or resolution pursuant to the provisions of Chapter 17.34. The City Council may adjourn or continue the hearing, as provided for in Section 17.34.080.

D.

The Council shall act to approve or deny the application or resolution for a zone change or amendment.

E.

Within forty-five days following its decision, the City Council shall adopt an ordinance setting forth its action. The Council's action shall be considered final.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pts. 20, 31), 6-11-2012)

All zone change and zoning ordinance amendment decisions shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities.

(Ord. 239 §11(part), 1993).

Chapter 17.54 - APPEALS OF A DECISION OF THE PLANNING COMMISSION[[7]]

Sections:

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 327, § 6(Exh. A, Pt. 22), adopted June 11, 2012, changed the title of Ch. 17.54 from "Appeals" to "Appeals of a Decision of the Planning Commission."

17.54.010 - Time for filing appeals.

A.

All actions of the Planning Commission authorized by this title may be appealed to the City Council. All appeals shall be filed in writing with the City Clerk.

B.

All appeals must be filed on or before the thirtieth calendar day after adoption of the Planning Commission's resolution on the project or application. Application fees shall be paid as required by Section 17.30.030.

(Ord. 258 §3, 1996; Ord. 239 §11(part), 1993).

17.54.015 - City Council review of decisions of the Planning Commission.

A.

The City Council may on its own initiative review all actions of the Planning Commission taken by resolution approving or denying a development project.

B.

All Planning Commission actions taken by resolution approving or denying a project, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda within forty-five days following the Commission's action. The Council may, within forty-five days of the Commission's action, by an affirmative vote of three members, initiate review of the action. In the event the Council initiates such review, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of this chapter.

C.

At the time the Council votes to initiate review, or at any other time following a field trip to the site but prior to the hearing, the applicant shall be informed of the aspects of the application and/or the Commission's decision which the applicant should be prepared to address at the review hearing.

D.

The City Clerk shall set the review hearing within thirty days from the date the Council decides to initiate review.

E.

The review hearing shall be noticed and conducted as set forth in Section 17.54.060 and shall be

conducted as a de novo hearing. The Council may act to uphold, overturn, or otherwise modify the Commission's original action on the proposal, or the Council may remand the application back to the Commission for further review and direction.

F.

The decision of the Council, supported by findings, shall be set forth in full in a resolution. A copy of the decision shall be sent to the applicant. The action of the Council shall be final and conclusive.

(Ord. 258 §1, 1996).

(Ord. No. 327, § 6 (Exh. A, Pt. 26), 6-11-2012)

17.54.020 - Persons authorized to file an appeal.

Any person, including the City Manager, may appeal a decision of the Planning Commission to the City Council, in accordance with the terms of this chapter.

(Ord. 239 §11(part), 1993).

17.54.030 - Form, content and deficiencies in an appeal application.

A.

All appeals shall be filed in writing with the City Clerk on a form or forms provided by the City Clerk. No appeal shall be considered filed until the required appeal fee has been received by the City Clerk.

B.

The appeal application shall state, at a minimum, the name and address of the appellant, the project and action being appealed, and the reasons why the appellant believes that the Planning Commission erred or abused its discretion, or why the Planning Commission's decision is not supported by evidence in the record.

C.

If the appeal application is found to be deficient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the applicant.

(Ord. 239 §11(part), 1993).

Upon receipt of a written and complete appeal application and fee, the City Clerk shall direct the Planning Commission Secretary to transmit to the City Council the complete record of the entire proceeding before the Planning Commission.

(Ord. 239 §11(part), 1993).

Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before the City Council to occur within forty-five days of the filing of the appeal. In the event that more than one appeal is filed for the same project, the Clerk shall schedule all appeals to be heard at the same time.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 27), 6-11-2012)

A.

Noticing. The hearing shall be noticed as required by Section 17.34.030. In addition, the following parties shall be noticed:

1.

The applicant of the proposal being appealed;

2.

The appellant; and

3.

Any person who provided oral testimony or written comments to the Planning Commission during or as part of the public hearing on the project.

B.

Hearing. The City Council shall conduct a public hearing pursuant to the provisions of Chapter 17.34. The review hearing shall be conducted as a de novo hearing. The Council shall consider all information in the

record, as well as additional information presented at the appeal hearing, before taking action on the appeal.

C.

Action. The Council may act to uphold, overturn or otherwise modify the Planning Commission's original action on the proposal, or the Council may remand the application back to the Planning Commission for further review and direction. The Council shall make findings to support its decision.

D.

Finality of Decision. The action of the City Council to approve, conditionally approve, or deny an application shall be final and conclusive.

E.

Record of Proceedings. The decision of the City Council shall be set forth in full in a resolution or ordinance. A copy of the decision shall be sent to the applicant or the appellant.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 28), 6-11-2012)

Any action challenging a final administrative order or decision by the City made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion regarding a final and nonappealable determination of facts is vested in the City of Rolling Hills, the City Council or in any of its Commissions, officers or employees, must be filed within the time limits set forth in the California Code of Civil Procedure, Section 1094.6.

(Ord. 239 §11(part), 1993).

Chapter 17.55 - APPEALS OF A DECISION OF THE CITY MANAGER

17.55.010 - Appeal of a decision of the City Manager.

A.

The decision of the City Manager or designee authorized by this title is considered final on the date such decision is rendered, unless an appeal has been filed by the applicant as specified by this title. All appeals shall be filed in writing with the City Clerk.

B.

Decisions of the City Manager authorized by this title shall only be subject to appeal if a provision in this title specifically provides for such a right. If so, such appeal shall be processed pursuant to the procedures set forth in this chapter.

(Ord. No. 327, § 6 (Exh. A, Pt. 25), 6-11-2012)

17.55.020 - Appeal process.

A.

Filing of Appeal. All appeals must be filed on or before the thirtieth calendar day after the City Manager's decision. The appeal fee shall be paid as set forth by resolution of the City Council.

B.

Persons Authorized to File an Appeal. The applicant of a project for which the City Manager or designee rendered a decision may appeal the decision to the Planning Commission.

C.

Form, Content and Deficiencies in an Appeal Application.

1.

All appeals shall be filed in writing with the City Clerk on a form or forms provided by the City Clerk. No appeal shall be considered filed until the required appeal fee has been received by the City Clerk.

2.

The appeal application shall state, at a minimum, the name and address of the appellant, the decision and action being appealed, and the reasons why the appellant believes that the City Manager erred or abused his or her discretion, or why the City Manager's decision is not supported by evidence in the record.

3.

If the appeal application is found to be deficient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the appellant.

D.

Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before the Planning Commission to occur within forty-five days of the filing of the appeal.

E.

Notice of the hearing shall be mailed to property owners adjacent to the property for which the decision was rendered.

F.

Action on appeal by the Planning Commission is appealable to the City Council in accordance with Chapter 17.54 of this title.

(Ord. No. 327, § 6 (Exh. A, Pt. 25), 6-11-2012)

Chapter 17.58 - REVOCATIONS

Sections:

The Planning Commission, or the City Council on appeal, may, after required public hearings have been held and action has been taken in the manner prescribed in this title, revoke or modify any variance, conditional use permit or site plan review, or revoke the status of a legal nonconforming use or structure, on one or more of the following grounds:

A.

General.

1.

That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or

2.

That the variance, conditional use permit, site plan review approval or legal nonconforming status is being or recently has been exercised contrary to or in violation of the terms or conditions of such approval or other authorization; or

3.

That the variance, conditional use permit, site plan or legal nonconforming status is being or recently has been exercised in violation of any statute, law or regulation; or

4.

That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.

B.

Additional Grounds for Nonconformities. In addition to the general grounds for revocation of legal nonconforming status cited in subsection A of this section, the legal nonconforming status of a use or structure may be revoked based upon the grounds for termination contained in Chapter 17.24.

C.

Temporary Manufactured Homes. A temporary manufactured home or trailer authorized by Section 17.16-.210(B)(6) shall be removed from the property in the event of any of the following:

1.

The Commission, or City Council on appeal, declines to approve a time extension for the approval;

The owner resumes occupancy of the primary residence;

3.

The property is sold, rented or leased; or

4.

The Commission or the City Council finds that the primary residence is no longer endangered by a landslide.

(Ord. 239 §11(part), 1993).

A.

Hearing Required. The Planning Commission Secretary shall schedule a hearing before the Planning Commission to consider the revocation, pursuant to the provisions of Chapter 17.34. Noticing shall be required only of the owner or owners of the property affected by the variance, permit or nonconformity, notwithstanding the provisions of Section 17.34.030.

B.

Findings Required. In acting to revoke a variance, conditional use permit, site plan or legal nonconforming status of a use or structure, the Planning Commission shall make written findings citing the reasons for the revocation.

(Ord. 239 §11(part), 1993).

A.

A revocation of a variance, conditional use permit, site plan review approval or legal nonconforming status of a use or structure shall not become effective until the Planning Commission has adopted a resolution revoking such approval or status, and until the time period to appeal the Commission's decision to the City Council has lapsed with no appeal being filed.

B.

In the event an appeal of the Planning Commis-sion's decision is appropriately filed, the revocation will become effective which the City Council adopts a resolution revoking such approval or status.

C.

The City Clerk shall notify the property owner in writing of the Planning Commission's and City Council's action.

(Ord. 239 §11(part), 1993).

The property owner, applicant, or other interested party may appeal to the City Council a decision of the Planning Commission to revoke or not revoke a variance, conditional use permit, site plan review approval or legal nonconforming status of a use or structure. The appeal shall be filed and considered in accordance with the provisions of Chapter 17.54.

(Ord. 239 §11(part), 1993).

Chapter 17.60 - HOUSING ACCESSIBILITY FOR THE DISABLED—REASONABLE ACCOMMODATION PERMIT

Sections:

The purpose of this chapter is to establish a procedure for requesting reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the "Acts") in the application of zoning and building laws and other land use regulations, policies, and procedures.

(Ord. No. 366, § 1, 11-9-2020)

A.

Definition of Disability. Under the Acts, an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. Individuals in recovery from drug or alcohol abuse are protected by federal and state fair housing laws although individuals currently using illegal substances are not protected under the law unless they have a separate disability. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

Scope of Accommodation. A request for a reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housingrelated facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.60.040 (Application Contents and Submittal), and shall not require a fundamental alteration to the City's zoning or building laws, policies, or procedures, as defined under the Acts. A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.

C.

Eligibility to Request Accommodation. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.

(Ord. No. 366, § 1, 11-9-2020)

Notice of the availability of reasonable accommodation shall be displayed at the public information counter in the Planning and Community Services Department advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall also be made available.

(Ord. No. 366, § 1, 11-9-2020)

Requests for reasonable accommodation shall be submitted on an application form provided by the Planning and Community Services Department and shall contain the following information:

A.

The applicant's name, address, and telephone number.

B.

Address of the property for which the request is being made and the name, address, and telephone number of the property owner.

C.

The current existing use of the property.

D.

The basis for the claim that the individual is considered disabled under the Acts.

E.

The zoning code provision, regulation, or policy from which reasonable accommodation is being requested.

F.

Reason the requested accommodation may be necessary to make the specific property accessible to the individual.

(Ord. No. 366, § 1, 11-9-2020)

A.

City Manager. Requests for reasonable accommodation shall be reviewed by the City Manager, or his/her designee ("City Manager"), if no approval is sought other than the request for reasonable accommodation.

B.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. No. 366, § 1, 11-9-2020)

A.

City Manager Review. The City Manager, or his/her designee ("City Manager"), shall make a written determination within forty-five days of submittal of a complete application and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section G (Findings and Decision). The City Manager shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Los Angeles County assessment roll, but may include other property owners as determined by the City Manager. Said notice shall be mailed at least ten days prior to making a determination.

B.

Other Reviewing Authority. Written determinations on requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be made by the authority responsible for reviewing the discretionary land use application. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.60.070 (Findings and Decision).

C.

Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant responds to the request.

D.

The reviewing authority may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent to that provided by the specific accommodation requested, where such an alternative accommodation would:

1.

Reduce impacts to neighboring properties or the surrounding area; or

2.

Not require a deviation from the provisions of Title 15 or Title 17 of the Municipal Code or would require less of a deviation than the requested accommodation.

(Ord. No. 366, § 1, 11-9-2020)

17.60.070 - Findings and decision.

A.

Findings. The reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds, based upon all of the evidence presented, that all of the following findings can be made:

1.

The housing, which is the subject of the request, will be occupied by an individual considered disabled under the Acts.

2.

The requested accommodation is necessary to provide a disabled individual with an equal opportunity to use and enjoy a dwelling.

3.

The requested accommodation would not impose an undue financial or administrative burden on the City, as defined under the Acts.

4.

The requested accommodation would not require a fundamental alteration to the City's zoning or building laws, policies, or procedures, as defined under the Acts. In considering whether the accommodation would require such a fundamental alteration, the reviewing authority may consider, among other factors:

i.

Whether the requested accommodation would fundamentally alter the character of the neighborhood; and

ii.

Whether the requested accommodation would substantially undermine any express purpose of either the City's General Plan or any applicable specific plan.

5.

There are no other reasonable accommodation(s) that would allow the applicant to use and enjoy the dwelling which would:

i.

Be less impactful to neighboring properties or the surrounding area; or

ii.

Not require a deviation from the provisions of Title 15 or Title 17 of the Municipal Code or require less of deviation than the requested accommodation.

(Ord. No. 366, § 1, 11-9-2020)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 17.60.070 above, including but not limited to the following:

A.

Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval.

B.

Recordation of a deed restriction requiring removal of the improvements when the need for which the accommodation was granted no longer exists, except where the City Manager finds that removal would constitute an unreasonable financial burden or is physically integrated with the structure and cannot feasibly be removed.

C.

Time limits or expiration of the approval if the need for which the accommodation granted no longer exists.

D.

Measures to reduce the impact on surrounding uses.

E.

Measures in consideration of the physical attributes of the property and structures.

F.

Other conditions necessary to protect the public health, safety and welfare.

(Ord. No. 366, § 1, 11-9-2020)

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings required by Section 17.60.070 (Findings and Decision) above. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below.

(Ord. No. 366, § 1, 11-9-2020)

A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed in compliance with Chapter 17.54 (Appeals of Decision of the Planning Commission) and Chapter 17.55 (Appeals of Decision of the City Manager) of the Rolling Hills Municipal Code. Appeals shall be submitted on an application form provided by the Planning and Community Services Department. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure the appeals process is accessible.

(Ord. No. 366, § 1, 11-9-2020)

Chapter 17.62 - DENSITY BONUSES AND OTHER AFFORDABLE HOUSING INCENTIVES

Sections:

The purpose of this chapter is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with State law.

(Ord. No. 379, § 4, 8-8-2022)

17.62.020 - Density bonus and affordable housing incentives.

The density bonuses and other affordable housing incentives required by State law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.

(Ord. No. 379, § 4, 8-8-2022)

APPENDIX A - INDEX OF PERMITTED USES BY ZONE DISTRICT

The following matrix lists the land uses which are permitted and not permitted in each of the City's zone districts. The symbols listed below describe the use regulations applicable to each land use in each zone.

"P" indicates that the use is permitted by right.

"A" indicates that the use is permitted only as an accessory use.

"A*" indicates that the use is permitted only as an accessory use and that special conditions apply to that use, as described in Chapters 17.16, 17.18 and 17.20.

"C" indicates that the use requires a conditional use permit and may be permitted only in conjunction with a legally-established single-family residence.

"CP" indicates that the use requires a conditional use permit and may be permitted as a primary use on a lot.

"C*" indicates that the use requires a conditional use permit and may be permitted only in conjunction with a legally-established single-family residence, and that special conditions apply to that use, as described in Chapters 17.16, 17.18 and 17.20.

"CP*" indicates that the use requires a conditional use permit and may be permitted as a primary use on a lot, and that special conditions apply to that use, as described in Chapters 17.16 and 17.20.

"T" indicates that the use is permitted only as a temporary use.

"X" indicates that the use is prohibited.

INDEX OF PERMITTED USES

(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. 342, § 5B, 6-8-2015)