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).

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.