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).

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.

2.

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.

3.

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)

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)

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;

4.

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)

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).