GENERAL PROVISIONS AND DEFINITIONS
This title shall be known as the "comprehensive zoning ordinance of the city of Rolling Hills Estates."
(Prior code § 1801)
A.
The purpose of this title is to encourage, classify, designate, regulate, restrict and segregate the highest and best location and use of buildings, structures, and land for agriculture, residence, commerce, trade, industry, water conservation, or other purposes in appropriate places; to regulate and limit the location, height, bulk, number of stories, and size of buildings and other structures hereafter designed, erected or altered; to regulate and determine the size and use of lots, yards, courts and other open spaces; to regulate and limit the percentage of a lot which may be occupied by a building or structure; to regulate the intensity of land use; to establish requirements for off-street parking and loading; to establish setback lines; and to create civic districts around civic centers, public parks, public buildings or public grounds, said purposes to divide the city into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement. Further, such regulations are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities such as transportation, water, sewerage, schools, parks and other public requirements; and to promote the public health, safety and general welfare, all as cardinal principle of land use and development within the city is that the city shall retain its rural atmosphere and an environment conducive to family home living.
B.
The planning commission and city council, by the adoption of this title, have made a finding that the peace, health, safety and welfare of the community will be served by the creation of the "district" and by the regulations prescribed therein.
(Prior code §§ 1800, 1804 (a)(11))
A.
When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural and those in the plural number include the singular.
B.
"Shall" is mandatory, and "may" is permissive.
(Prior code § 1804 (a)(part) and (a)(1))
For the purpose of carrying out the intent of this title, words, phrases and terms shall be deemed to have the following meanings ascribed to them.
(Prior code § 1804 (part))
"Advertising structure" means any ground sign, billboard or other structure, and any parts thereof, which structure is designed for, is used or intended to be used for, or is erected for the purpose of display or advertisement, or upon which any bill, bulletin, painting, poster, printing, device, illustration, picture or other similar printed matter is painted, written, nailed, pasted, posted, tacked or otherwise fastened, including plastic or glass tube outlining for signs. No board, sign or surface used exclusively to display official notices issued by any court or public office, or posted by any public officer in the performance of a public duty, or a private person giving legal notice shall be considered an advertising structure.
(Prior code § 1804 (b)(1))
The planning commission is herein designated as the "advisory agency" to the city council on all matters related to zoning and the use of land, structures or buildings.
(Prior code § 1804 (b)(2))
"Airport" means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, sailplanes and gliders. This shall include any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.
(Prior code § 1804 (b)(3))
"Alley" means a public or private way at the rear or side of real property, permanently reserved as a means of secondary vehicular access to abutting real property. Frontage on an alley does not satisfy the requirements of this title relating to frontage on a dedicated street.
(Prior code § 1804 (b)(4))
"Amusement arcade" means any place used by or frequented by the general public where more than six games of skill and science, as defined in Section 17.02.245, are maintained or operated.
(Prior code § 1804 (b)(5))
"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment.
(Prior code § 1804 (b)(6))
"Apartment" means a room or suite of two or more rooms in a multiple-family private dwelling, occupied or suitable for occupancy as a residence for one family, and includes kitchen facilities.
(Prior code § 1804 (b)(7))
"Assessor" means the county assessor of Los Angeles County.
(Prior code § 1804 (a)(5))
"Automobile service station" means an area with facilities used for the servicing of motor vehicles, including retail sales of gasoline, lubricants, petroleum products (not including liquid petroleum gas), tires, batteries, engine and radiator aid preparations, and automobile accessories. Other services therein provided include battery repair and charging, storage of merchandise and supplies relating to the servicing of motor vehicles, cleaning and polishing operations, automobile washing and greasing (including wash racks and grease racks), and automobile repair and engine overhauling.
(Prior code § 1804 (b)(8))
"Bathroom" means a room containing a water closet, lavatory and/or tub or shower.
(Prior code § 1804 (b)(9))
"Block" means a parcel of land bounded on all sides by public or private streets, highways, freeways, railroad rights-of-way, flood-control channels, creeks, washes, rivers or unsubdivided acreage.
(Prior code § 1804 (b)(10))
"Breezeway" means any space between two structures that is attached by a roof or a similar construction. (See Rolling Hills Estates' building code for additional regulations.)
(Prior code § 1804 (b)(11))
"Building" means a permanently, separately located structure having a roof and is completed enclosed. Carports or breezeways shall not be considered a building.
(Prior code § 1804 (b)(12))
"Building area" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.
(Prior code § 1804 (b)(13))
"Height of building" means the vertical distance from the local grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof. For purposes of measuring the height of buildings, local grade shall include final grade of ground area immediately adjacent to the portion of the structure being measured. Local grade shall not include any artificial berms, mounds or other topographical feature above the final grade line.
(Prior code § 1804 (b)(14))
"Main building" means a building within which the principal use permitted on the lot is conducted.
(Prior code § 1804 (b)(15))
"Building setback line" means the minimum distance as prescribed by ordinance between any property line, or private easement boundary used for vehicular and/or pedestrian access, and the closest point on any building or structure related thereto above ground level.
(Prior code § 1804 (b)(16))
"Building site" means the ground area of a building and any open space required by this title.
(Prior code § 1804 (b)(17))
"Building unit group" means two or more buildings grouped on a single lot or parcel.
(Prior code § 1804 (b)(18))
"Carport" means a permanent roofed structure constructed with open sides and used for automobile shelter or storage.
(Prior code § 1804 (b)(19))
"Caretaker's unit" means any residence incidental to a primary use of the property in which an employee or other caretaker of the property resides. A caretaker's unit may not exceed one thousand two hundred square feet in habitable area and may include a garage not to exceed four hundred fifty square feet in area. A caretaker's unit may include a manufactured home.
(Ord. No. 684, § 1, 4-10-2012)
"Carwash" means a facility for the washing and/or waxing of vehicles substantially by means of mechanical devices.
(Prior code § 1804 (b)(20))
"City" means the city of Rolling Hills Estates.
(Prior code § 1804 (a)(6))
"City council" means the city council of the city of Rolling Hills Estates.
(Prior code § 1804 (a)(3))
"Clinic" means a use providing group medical services, but not including overnight housing of patients.
(Prior code § 1804 (b)(21))
"County" means the county of Los Angeles.
(Prior code § 1804 (a)(7))
"County recorder" means the county recorder of Los Angeles County.
(Prior code § 1804 (a)(8))
"Court" means a space, open and unobstructed to the sky, located at or above ground level on a lot and bounded on three or more sides by walls of a building.
(Prior code § 1804 (b)(22))
"Day nursery" means any structure, group of structures or portion thereof, used primarily for the daytime care of children.
(Prior code § 1804 (b)(24))
"Delicatessen" means a properly licensed establishment where prepared food and refreshments, which may include wine and beer, are sold for consumption off the premises.
(Prior code § 1804 (b)(25))
"Developable area" means the interior portion of a lot defined by the building setback lines (front, side and rear setbacks) for a main building.
(Prior code § 1804 (b)(26))
"Discotheque" means a commercial establishment wherein the primary activity consists of dancing to either recorded music or live music, for the purpose of entertainment.
(Prior code § 1804 (b)(27))
"District" means the land area shown or described on the land use zoning map. District shall have the same requirements and meaning as zone or zoning district, subject to the requirements of the map.
(Prior code § 1804 (b)(28))
"Drive-in/Drive through food facility" means an establishment where food is prepared on-site and orders are taken from customers while seated in their cars, and/or food is served to customers in cars, and/or through an exterior service window, and/or parking facilities are provided on-site for consumption of food in automobiles.
(Prior code § 1804 (b)(29))
"Driveway" means an access to a required off-street parking facility, with paving not less than eight feet in width.
(Prior code § 1804 (b)(30))
"Dump" means an area used for the disposal, abandonment, discarding, dumping, reduction, burial, incineration or disposition by any means, of any solid waste.
(Ord. 629 § 11, 2005: prior code § 1804 (b)(31))
"One-family dwelling" means a dwelling unit designed or used exclusively for the occupancy of one family.
(Prior code § 1804 (b)(33))
"Dwelling unit" means an integrated assembly of one or more rooms, in addition to a kitchen and bathroom, in a building or portion thereof designed and used exclusively for residential occupancy (with the exception of permitted home occupations) by one family for living or sleeping purposes, and containing only one kitchen.
(Prior code § 1804 (b)(32))
"Easement" means a space on a lot or parcel of land indicated on a subdivision map, in a deed restriction, or in a recorded document reserved for or used for public utilities, public or private uses.
(Prior code § 1804 (b)(34))
"Educational institutions" means schools, colleges or universities giving general academic instruction, as determined by the State Board of Education.
(Prior code § 1804 (b)(35))
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.
(Ord. No. 691, § 1, 12-10-2013)
"Family" means a group of two or more persons living together as a single housekeeping unit in any dwelling unit, who share expenses equally or do not pay a fixed periodic fee to the principal residents.
(Ord. 547 § 1, 1992: prior code § 1804 (b)(36))
"Federal government" means the Government of the United States of America.
(Prior code § 1804 (a)(10))
"Fence" means any structure forming a physical barrier which is so constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane. This shall include wire mesh, steel mesh, chain link, louvered, stake and other similar materials. (See Section 17.02.645, wall.)
(Prior code § 1804 (b)(37))
"Three-rail fence" means a fence consisting entirely of wood material, painted white, with three rails and a total maximum height of forty-two inches as described in Section 17.06.350.
(Prior code § 1804 (b)(38))
"Front wall" means the wall of a building or structure closest to the street which the building fronts, but excluding certain architectural decorative features such as cornices, canopies, eaves or embellishments.
(Prior code § 1804 (b)(39))
"Frontage" means all property fronting on one side of the street between a paved street and right-of-way, waterway, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that intercepts.
(Prior code § 1804 (b)(40))
"Games of skill and science" means any mechanical or electronic game participated in by one or more players, the use or operation of which is initiated by placing therein a coin, token, slug or similar device, or which is let for use, operation or play, upon the payment or delivery of anything of value therefor, or upon the making of any purchase, and in which the predominant factor in determining the results of such game is the skill of the player or players and not chance. (See Section 17.02.045, amusement arcade.)
(Prior code § 1804 (b)(41))
"Private garage" means a detached accessory building or a portion of a main building on the same lot as a dwelling used for the housing of vehicles of the occupants of the dwelling.
(Prior code § 1804 (b)(42))
"Public garage" means any garage other than a private garage.
(Prior code § 1804 (b)(43))
"Storage garage" means any building or premises used exclusively for the storage of vehicles.
(Prior code § 1804 (b)(44))
"General residential care facility" means a residential care facility that serves seven or more persons.
(Ord. No. 689, § 1.A, 12-10-2013)
"Greenhouses" means a structure primarily used for growth and maintenance of plants and classified as a structure in determining a lot coverage.
(Prior code § 1804 (b)(45))
"Guesthouse (accessory living quarters)" means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises. The quarters do not have kitchen facilities and are not rented, leased or otherwise used as a separate dwelling unit.
(Prior code § 1804 (b)(46))
"Half story" means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story, or adjacent stories on a split level home.
(Prior code § 1804 (b)(47))
"Hedge" means a plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure.
(Prior code § 1804 (b)(48))
See Section 17.02.095, building, height of.
(Prior code § 1804 (b)(49))
"Home occupation" means any use customarily conducted for profit entirely, within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes, which use does not change the character thereof nor adversely affect true uses permitted in the building of which it is part. (See Chapter 17.48 of this Code.)
(Prior code § 1804 (b)(50))
"Hospital" means any building or portion thereof used for the accommodation and medical care of the sick, injured or infirm persons, including sanitariums, convalescent hospitals, and institutions for the treatment or care of drug addicts, alcoholics, mentally disturbed persons, or any combination thereof.
(Prior code § 1804 (b)(51))
"Hotel" means any building containing two or more guestrooms intended or designed to be used, rented or hired to be occupied for sleeping purposes by guests. A hotel provides a range of services to guests including, but not limited to, room service, restaurant and banquet facilities. A hotel's primary orientation is toward a central lobby or courtyard. (See motel, Section 17.02.410.)
(Prior code § 1804 (b)(69))
"Industry" means the manufacture, fabrication, processing, reduction, quarrying or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprises.
(Prior code § 1804 (b)(52))
"Kennel" means any lot or premises on which three or more dogs at least four months of age are kept, boarded or trained.
(Prior code § 1804 (b)(53))
"Kitchen" means any room designed to be used or maintained for the cooking and/or preparation of food.
(Prior code § 1804 (b)(54))
"Limited residential care facility" means a residential care facility that serves six or fewer persons. Limited residential care facilities are permitted in all zones where single-family dwelling units are permitted and are subject to the same development standards as single-family dwelling units.
(Ord. No. 689, § 1.B, 12-10-2013)
"Loading space" means an off-street space or berth on the same lot as a main building, or contiguous to a group of buildings, used for the temporary parking of commercial vehicles while loading or unloading, which abuts a street, alley or appropriate means of ingress or egress.
(Prior code § 1804 (b)(55))
"Lot" means:
A.
A parcel of real property with a separate and distinct number or other designation shown on a plat map recorded in the office of the county recorder and legally in existence on March 15, 1960; or
B.
A parcel of real property delineated on an approved record of survey, lot split or subdivision map as filed in the office of the planning commission and abutting at least one street; or
C.
A parcel of real property containing area not less than required by the district in which it is located, abutting at least one public street and except as specifically hereinafter provided, held under separate ownership from adjacent property prior to the effective date of this title.
(Prior code § 1804 (b)(56))
"Corner lot" means a lot located at the intersection of two or more streets.
(Prior code § 1804 (b)(57))
"Reversed corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
(Prior code § 1804 (b)(58))
"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, regardless of whether the building or structure is intended for human occupancy.
(Prior code § 1804 (b)(23))
"Lot depth" means the average horizontal distance between the front and rear lot lines, excluding private road easements, measured in the mean direction of the side lot lines.
(Prior code § 1804 (b)(59))
"Interior lot" means a lot other than a corner lot.
(Prior code § 1804 (b)(60))
"Key lot" means a lot where the side lot line abuts the rear lot line of one or more other lots, and not separated by an alley.
(Prior code § 1804 (b)(61))
"Lot line" means a line bounding a lot as defined in this chapter.
(Prior code § 1804 (b)(62))
"Front lot line" means, in the case of an interior lot, the boundary line separating the lot from the street or private road easement. In the case of a corner or reverse corner lot, the "front lot line" means the boundary line separating the narrowest street or private road easement, except in those cases where the latest deed restrictions specify another boundary line as the front lot line.
(Prior code § 1804 (b)(63))
"Rear lot line" means a lot line which is opposite and the farthest distance from the front lot line. In the case of an irregular or gore-shaped lot, a line within a lot, which is essentially perpendicular to the side lot line, having a length of not less than ten feet.
(Prior code § 1804 (b)(64))
"Side lot line" means any lot boundary that is not a front line or a rear lot line.
(Prior code § 1804 (b)(65))
"Lot of record" means a parcel of land as shown on the records of the county assessor at the time of the adoption of this title.
(Prior code § 1804 (b)(66))
"Through lot" means a lot having frontage on two parallel, or approximately parallel, dedicated streets. Lot frontage on a through lot, except any lot which is included in or set forth on a subdivision map recorded in the office of the county recorder, shall be determined by the planning commission.
(Prior code § 1804 (b)(67))
"Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
(Prior code § 1804 (b)(68))
"Manufactured home" means a structure which is transportable, built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. A module is a unit of a manufactured home. A manufactured home must comply with the standards established under the National Manufactured Housing Construction and Safety Act of 1974.
(Prior code § 1804 (b)(70))
(Ord. No. 684, § 2, 4-10-2012)
Editor's note— Ord. No.721, § 4A, adopted March 27, 2018, effective April 26, 2018, repealed § 17.02.406, which pertained to medical marijuana dispensary and derived from Ord. 635 § 1 (part), adopted 2007; Ord. No. 704, § 4, adopted February 23, 2016.
"Motel" means a group of dwellings used for commercial purposes such as a building or group of two or more detached, semidetached, or attached buildings containing guestrooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motorcourts, motels, motor inns and similar designations. A motel provides limited services to transient guests and automobile travelers. A motel's primary orientation is toward vehicular facilities. (See Section 17.02.305, hotel.)
(Prior code § 1804 (b)(71))
"Multiple-family private dwelling" means a building designed and used for occupancy by two or more families and containing two or more separate kitchen facilities for each family's use, independent of each other, exclusive of any hotel or motel.
(Prior code § 1804 (b)(72))
"Legal, nonconforming building/structure" means a building/structure, or portion thereof, which was lawfully designed, erected or structurally altered for a use which does not now conform to the use of the district in which it is located, or which does not now comply with all the height and area regulations of the district or neighborhood in which it is located, due to application of this title or to any ordinance adopted prior to the adoption of this title.
(Prior code § 1804 (b)(73))
"Nonconforming use" means a use of a building/structure or land which does not conform to the regulations for the district and surrounding neighborhood in which it is located, as set forth in this title, due to the application of this title or of any ordinance adopted prior to the adoption of this title.
(Prior code § 1804 (b)(74))
Same as hospital. (See Section 17.02.300.)
(Prior code § 1804 (b)(75))
Same as advertising structure. (See Section 17.02.025.)
(Prior code § 1804 (b)(76))
"Private parking area" means any open area, other than a street, used for the parking of automotive vehicles and restricted from general public use.
(Prior code § 1804 (b)(77))
"Public parking area" means any area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either with or without remuneration, which may be located outdoors or within a building or structure or on, above or below the surface of the land. Any parking area required under Sections 17.22.050, 17.26.050, 17.30.050, 17.32.040 and Chapter 17.40 shall be deemed a public parking area.
(Prior code § 1804 (b)(78))
"Automobile parking space" means space, exclusive of driveways, ramps, columns, loading areas and office or work areas, within a parking area for the parking of one automobile. Each space shall have an area not less than one hundred eighty square feet for the parking of a motor vehicle and additional area shall be required for safe ingress and egress from the space. The area must be usable and accessible for off-street parking.
(Prior code § 1804 (b)(79))
"Parking structure" means a multilevel structure, not located beneath a building, designed and used for parking of motor vehicles.
(Prior code § 1804 (b)(80))
"Person" means an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal government, state, city, county, district, or any other group or combination acting as an entity, except the city of Rolling Hills Estates.
(Prior code § 1804 (b)(81))
"Place" means an open, unoccupied space other than a street or alley, permanently reserved by means of recorded deed, or easement as the principal means of access to abutting property.
(Prior code § 1804 (b)(82))
"Planning commission" means the planning commission of the city of Rolling Hills Estates.
(Prior code § 1804 (a)(4))
"Plan review" means the review by the planning commission of a site plan and other studies used to assist the commission in determining the manner in which the applicant intends to make use of his property. Plan review shall include proposals for development in residential districts in accordance with the neighborhood compatibility (Chapter 17.62 of this code) and in commercial districts in accordance with the precise plan of design (Chapter 17.58 of this code).
(Prior code § 1804 (b)(83))
"Porte cochere" means a canopy attached to any occupancy for the protection and convenience of loading and reloading passengers or materials from or into a motor vehicle, which shall not be considered as a place for motor vehicle storage.
(Prior code § 1804 (b)(84))
"Property" means real property, unless specifically described otherwise.
(Prior code § 1804 (b)(85))
"Residential care facility" means a facility that provides twenty-four-hour nonmedical care of persons who are in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment, and which facility is licensed by the state. A residential care facility specifically includes a "community care facility" that provides nonmedical residential care as such term is defined in California Health and Safety Code Section 1502.
(Ord. No. 689, § 1.C, 12-10-2013)
"Residential care facility for the elderly" has the meaning set forth in Health and Safety Code Section 1569.2. Such housing may include kitchen facilities within the units, even if most or all meals are taken in a communal dining facility. RCFE facilities are not subject to density limitations as prescribed under Section 17.37.040(B) of this code.
(Ord. No. 694, § 3, 9-23-2014)
"Restaurant" means a properly licensed establishment with facilities for the preparation, serving, sale and consumption of food on the premises.
(Prior code § 1804 (b)(86))
"Rest home" means premises used for the housing of and caring for ambulatory persons over sixty-five years of age, or infirm. There shall be only incidental convalescent care not involving either a trained nurse or physician residing on the premises. There shall be no surgery, physical therapy or other similar activities performed, such as are customarily provided in sanitariums and hospitals.
(Prior code § 1804 (b)(87))
"Retail store" means a business selling goods, wares or merchandise directly to the ultimate customer.
(Prior code § 1804 (b)(88))
"Retaining wall" means any wall used to resist the lateral displacement of any material.
(Prior code § 1804 (b)(89))
"Room" means a subdivided portion of the interior of a dwelling unit, excluding hallways and service porches.
(Prior code § 1804 (b)(90))
"Sanitarium" means a health station or retreat or other place where patients are housed and where medical treatment is given. This does not include institutions for the treatment or care of narcotic addicts, alcoholics or mentally disturbed patients.
(Prior code § 1804 (b)(91))
"Satellite antenna" means a device designed or used for reception of television or other signals from orbiting satellites.
(Prior code § 1804 (b)(92))
"Elementary school" and "high schools" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools, pursuant to the Education Code of the state of California. (See educational institutions, Section 17.02.215.)
(Prior code § 1804 (b)(93))
"Senior independent living facility" means an age-restricted housing development that is not licensed by the state of California and is designed to enable seniors to live an independent lifestyle that includes recreational, educational and social activities. Such housing includes kitchen facilities within the unit, even if most or all meals are taken in a communal dining facility.
(Ord. No. 694, § 3, 9-23-2014)
"Sign" means any printing, writing, design, device, illustration, picture, diagram, outline or other representation appearing on or as a part of any card, cloth, paper, plastic, metal, glass, wooden or stone material and any and all devices, structural or otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, in the front, rear, sides or top of any structure, on any land or any tree, wall, bush, rock, post, fence, building or structure, and visible from any public or private street, way, thoroughfare, alley or walk, which device announces or directs attention to the name or nature of a business, occupant of a structure, building or land, the nature or type of goods, services or products produced, sold, stored, furnished or available at that location, or at any other location, including political signs as defined in Section 17.60.030 and signs used specifically for the sale of real property, and including all parts, portions, units and materials composing the same, together with the frame, background, structure support and anchorage therefor, but not including official notices issued by any court or public body or officer or directional warning or information sign or structures required by or authorized by law or by federal, state, county or city authority. The term "placed" as used herein shall include erected, constructed, posted, painted, printed, tacked, glued, stuck, carved or otherwise fastened, fixed or made visible in any manner whatsoever.
(Prior code § 1804 (b)(94))
"Single room occupancy (SRO) facility" means a facility operated by a provider with six or more dwelling units for persons of lower income where each unit has a minimum floor area of two hundred fifty square feet and a maximum floor area of three hundred fifty square feet. These dwelling units must have kitchen and bathroom facilities, and must be offered on a monthly basis or longer. For the purposes of this definition, a "provider" means a government agency or private nonprofit organization that provides or contracts with recognized community organizations to provide SRO housing, and "lower income" has the meaning set forth in Health and Safety Code Section 50079.5.
(Ord. No. 689, § 1.D, 12-10-2013)
"Skilled nursing facility" has the meaning set forth in Health and Safety Code Section 1250. For purposes of this code, "intermediate care facility" has the same meaning as "skilled nursing facility." Skilled nursing facilities are not subject to density limitations as prescribed under Section 17.37.040(B) of this code.
(Ord. No. 694, § 3, 9-23-2014)
"Private stable" means a detached accessory structure for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
(Prior code § 1804 (b)(95))
"Public stable" means a stable other than a private stable.
(Prior code § 1804 (b)(96))
"State" means the state of California.
(Prior code § 1804 (a)(9))
"Story" means a space in a building between the upper surface of any floor and the upper surface of the floor next above, or if there is not a floor above, then the space between such floor and the top of the supporting structure to which each ceiling is attached.
(Prior code § 1804 (b)(97))
"Street" means a public or private thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road and other thoroughfare, except as excluded in this title.
(Prior code § 1804 (b)(98))
"Street centerline" means the centerline of a street or right-of-way as established by surveys certified by the city engineer.
(Prior code § 1804 (b)(99))
"Street line" means the boundary line between a street, or street right-of-way, or public or private ingress/egress easements, and abutting property.
(Prior code § 1804 (b)(100))
"Local street" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a major or secondary highway or major traffic street on the master plan for the city.
(Prior code § 1804 (b)(101))
"Side street" means any street abutting a corner lot, which extends in the same general direction as the line determining the depth of the lot.
(Prior code § 1804 (b)(102))
"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, which requires location on the ground. Ground treatments such as streets, parking lots, driveways, walks (up to five feet in width), bicycle trails and horse trails shall not be considered structures. (See Section 17.02.590, structure, ground.)
(Prior code § 1804 (b)(103))
"Accessory structure" means a building, part of a building or structure; use of which is subordinate to and incidental to that of the main building and is used on the same lot in the same district. Accessory structures are any structures that extend one foot in height over the local grade. When an accessory structure is part of, or attached to the main building, it shall be considered a part of the main building.
(Prior code § 1804 (b)(104))
"Ground structure" means any constructed feature placed below or on the ground which does not extend above one foot in height as measured from local grade. This shall include, but is not limited to patios, pools, spas and sports courts. Such features shall be considered in calculations of lot coverage.
(Prior code § 1804 (b)(105))
"Structural alterations" means any change in the supporting members of a building such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundation piles, retaining walls or similar components.
(Prior code § 1804 (b)(106))
"Supermarket" means a commercial development which includes three or more of the following uses: grocery department, meat market, drug department, liquor sales department, fruit and vegetable department, and sections or departments for the sale of incidental items of a convenience type.
(Prior code § 1804 (b)(107))
"Supportive housing" has the meaning set forth in California Health and Safety Code Section 50675.14. Supportive housing is permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.
(Ord. No. 691, § 1, 12-10-2013)
"Automobile trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a trailer coach.
(Prior code § 1804 (b)(108))
"Transitional housing" has the meaning set forth in California Health and Safety Code Section 50675.2. Transitional housing is permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.
(Ord. No. 691, § 1, 12-10-2013)
"Truck and trailer sales lot" means an open area where trucks and/or trailers are sold, leased or rented and where no repairs, repainting or remodeling is done.
(Prior code § 1804 (b)(109))
"Secondary unit" means a separate dwelling unit attached to and accessible through the main building. The unit does not exceed six hundred forty square feet in size and shall not be occupied by more than two persons, at least one of which shall not be less than sixty years of age, who shall be related by blood to the occupant(s) of the main building. Secondary units shall be subject to the provisions set forth in Chapter 17.56 of this code.
(Prior code § 1804 (b)(112))
"Use" means the purpose for which the land or a structure is arranged, designed or intended, or for which either land or structure is or may be occupied or maintained.
(Prior code § 1804 (b)(110))
"Accessory use" means a use incidental or subordinate to and developed exclusively to the main use of the land or structure thereon.
(Prior code § 1804 (b)(111))
"Compatible use" means a use that by its manner of operation is suitable for the district in which it may be nonconforming. A use of land and/or structure which is in harmony with the uses on abutting properties in the same district.
(Prior code § 1804 (b)(113))
"Used" includes arranged for, designed for, occupied or intended to be occupied for.
(Prior code § 1804 (a)(2))
"Visual obstruction" means any combination of fencing, hedges, trees, shrubs and walls which limits the visibility of persons at intercepting streets and alleys at a point twenty-four inches above ground, measured in a vertical plane in the sidewalk area.
(Prior code § 1804 (b)(114))
"Wall" means any structure or device forming a physical barrier, which is constructed so that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This shall include concrete, concrete block, wood or other materials that are solids and are assembled as to form a solid barrier.
(Prior code § 1804 (b)(115))
"Yard" means any open space other than a court on the same lot with a building/structure or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for projections, accessory buildings, structures and/or signs permitted by this title.
(Prior code § 1804 (b)(116))
(See Figure 17.02.655.)
"Front yard" means:
A.
On developed residential lots, the area extending across the full width of the lot measured from the front property line or edge of a private or public easement used for access purposes which incorporates the entire area between the front property line and the front face of the building and extending to the side property lines parallel or equidistant with the front property line;
B.
On undeveloped residential lots, the area extending parallel across the full width of the lot measured from the front property line to the minimum setback line established for the zone.
(Prior code § 1804 (b)(117))
"Rear yard" means a yard on a lot measured from the rear property line of the lot to the extreme rear line of the main building and extending across the full width of the lot, except in the case of street facing yards (except as noted in Section 17.02.675).
(Prior code § 1804 (b)(118))
Side and rear yards, as well as front yards on undeveloped lots, are established by the property line setback and height specification which create requirements for residential dwellings, creating a three-dimensional envelope in which the permitted projections (from residences) are allowed to extend. These required yard areas encompass the air space between any vertical planes located on the property line and minimum setback requirement. These planes shall be established by the required setback standards, regardless of the location of existing structures in side and rear yards, except in the case of street facing yards.
(Prior code § 1804 (b)(119))
"Side yard" means a yard extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear yard between the side lot line and the nearest wall of the main building or of a building attached thereto (except as noted in Section 17.02.675).
(Prior code § 1804 (b)(120))
"Side street facing yard" means a yard extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear lot line, and incorporates the full depth of the lot.
(Prior code § 1804 (b)(121))
The same as district. (See Section 17.02.180.)
(Prior code § 1804 (b)(122))
The same as district. (See Section 17 02.180.)
(Prior code § 1804 (b)(123))
"Zoning review" means the right of the city council to review, after the establishment of a date for the review in a zoning district changing procedure, the appropriateness of the change if the privileges granted by such changes of zoning classification are not exercised within the period of time set for the development of the land.
(Prior code § 1804 (b)(124))
"Change of zoning district" means the legislative act of removing one or more parcels of land from the zoning district and placing them in another zoning district on the land use zoning map of the city.
(Prior code § 1804 (b)(125))
GENERAL PROVISIONS AND DEFINITIONS
This title shall be known as the "comprehensive zoning ordinance of the city of Rolling Hills Estates."
(Prior code § 1801)
A.
The purpose of this title is to encourage, classify, designate, regulate, restrict and segregate the highest and best location and use of buildings, structures, and land for agriculture, residence, commerce, trade, industry, water conservation, or other purposes in appropriate places; to regulate and limit the location, height, bulk, number of stories, and size of buildings and other structures hereafter designed, erected or altered; to regulate and determine the size and use of lots, yards, courts and other open spaces; to regulate and limit the percentage of a lot which may be occupied by a building or structure; to regulate the intensity of land use; to establish requirements for off-street parking and loading; to establish setback lines; and to create civic districts around civic centers, public parks, public buildings or public grounds, said purposes to divide the city into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement. Further, such regulations are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities such as transportation, water, sewerage, schools, parks and other public requirements; and to promote the public health, safety and general welfare, all as cardinal principle of land use and development within the city is that the city shall retain its rural atmosphere and an environment conducive to family home living.
B.
The planning commission and city council, by the adoption of this title, have made a finding that the peace, health, safety and welfare of the community will be served by the creation of the "district" and by the regulations prescribed therein.
(Prior code §§ 1800, 1804 (a)(11))
A.
When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural and those in the plural number include the singular.
B.
"Shall" is mandatory, and "may" is permissive.
(Prior code § 1804 (a)(part) and (a)(1))
For the purpose of carrying out the intent of this title, words, phrases and terms shall be deemed to have the following meanings ascribed to them.
(Prior code § 1804 (part))
"Advertising structure" means any ground sign, billboard or other structure, and any parts thereof, which structure is designed for, is used or intended to be used for, or is erected for the purpose of display or advertisement, or upon which any bill, bulletin, painting, poster, printing, device, illustration, picture or other similar printed matter is painted, written, nailed, pasted, posted, tacked or otherwise fastened, including plastic or glass tube outlining for signs. No board, sign or surface used exclusively to display official notices issued by any court or public office, or posted by any public officer in the performance of a public duty, or a private person giving legal notice shall be considered an advertising structure.
(Prior code § 1804 (b)(1))
The planning commission is herein designated as the "advisory agency" to the city council on all matters related to zoning and the use of land, structures or buildings.
(Prior code § 1804 (b)(2))
"Airport" means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, sailplanes and gliders. This shall include any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.
(Prior code § 1804 (b)(3))
"Alley" means a public or private way at the rear or side of real property, permanently reserved as a means of secondary vehicular access to abutting real property. Frontage on an alley does not satisfy the requirements of this title relating to frontage on a dedicated street.
(Prior code § 1804 (b)(4))
"Amusement arcade" means any place used by or frequented by the general public where more than six games of skill and science, as defined in Section 17.02.245, are maintained or operated.
(Prior code § 1804 (b)(5))
"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment.
(Prior code § 1804 (b)(6))
"Apartment" means a room or suite of two or more rooms in a multiple-family private dwelling, occupied or suitable for occupancy as a residence for one family, and includes kitchen facilities.
(Prior code § 1804 (b)(7))
"Assessor" means the county assessor of Los Angeles County.
(Prior code § 1804 (a)(5))
"Automobile service station" means an area with facilities used for the servicing of motor vehicles, including retail sales of gasoline, lubricants, petroleum products (not including liquid petroleum gas), tires, batteries, engine and radiator aid preparations, and automobile accessories. Other services therein provided include battery repair and charging, storage of merchandise and supplies relating to the servicing of motor vehicles, cleaning and polishing operations, automobile washing and greasing (including wash racks and grease racks), and automobile repair and engine overhauling.
(Prior code § 1804 (b)(8))
"Bathroom" means a room containing a water closet, lavatory and/or tub or shower.
(Prior code § 1804 (b)(9))
"Block" means a parcel of land bounded on all sides by public or private streets, highways, freeways, railroad rights-of-way, flood-control channels, creeks, washes, rivers or unsubdivided acreage.
(Prior code § 1804 (b)(10))
"Breezeway" means any space between two structures that is attached by a roof or a similar construction. (See Rolling Hills Estates' building code for additional regulations.)
(Prior code § 1804 (b)(11))
"Building" means a permanently, separately located structure having a roof and is completed enclosed. Carports or breezeways shall not be considered a building.
(Prior code § 1804 (b)(12))
"Building area" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.
(Prior code § 1804 (b)(13))
"Height of building" means the vertical distance from the local grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof. For purposes of measuring the height of buildings, local grade shall include final grade of ground area immediately adjacent to the portion of the structure being measured. Local grade shall not include any artificial berms, mounds or other topographical feature above the final grade line.
(Prior code § 1804 (b)(14))
"Main building" means a building within which the principal use permitted on the lot is conducted.
(Prior code § 1804 (b)(15))
"Building setback line" means the minimum distance as prescribed by ordinance between any property line, or private easement boundary used for vehicular and/or pedestrian access, and the closest point on any building or structure related thereto above ground level.
(Prior code § 1804 (b)(16))
"Building site" means the ground area of a building and any open space required by this title.
(Prior code § 1804 (b)(17))
"Building unit group" means two or more buildings grouped on a single lot or parcel.
(Prior code § 1804 (b)(18))
"Carport" means a permanent roofed structure constructed with open sides and used for automobile shelter or storage.
(Prior code § 1804 (b)(19))
"Caretaker's unit" means any residence incidental to a primary use of the property in which an employee or other caretaker of the property resides. A caretaker's unit may not exceed one thousand two hundred square feet in habitable area and may include a garage not to exceed four hundred fifty square feet in area. A caretaker's unit may include a manufactured home.
(Ord. No. 684, § 1, 4-10-2012)
"Carwash" means a facility for the washing and/or waxing of vehicles substantially by means of mechanical devices.
(Prior code § 1804 (b)(20))
"City" means the city of Rolling Hills Estates.
(Prior code § 1804 (a)(6))
"City council" means the city council of the city of Rolling Hills Estates.
(Prior code § 1804 (a)(3))
"Clinic" means a use providing group medical services, but not including overnight housing of patients.
(Prior code § 1804 (b)(21))
"County" means the county of Los Angeles.
(Prior code § 1804 (a)(7))
"County recorder" means the county recorder of Los Angeles County.
(Prior code § 1804 (a)(8))
"Court" means a space, open and unobstructed to the sky, located at or above ground level on a lot and bounded on three or more sides by walls of a building.
(Prior code § 1804 (b)(22))
"Day nursery" means any structure, group of structures or portion thereof, used primarily for the daytime care of children.
(Prior code § 1804 (b)(24))
"Delicatessen" means a properly licensed establishment where prepared food and refreshments, which may include wine and beer, are sold for consumption off the premises.
(Prior code § 1804 (b)(25))
"Developable area" means the interior portion of a lot defined by the building setback lines (front, side and rear setbacks) for a main building.
(Prior code § 1804 (b)(26))
"Discotheque" means a commercial establishment wherein the primary activity consists of dancing to either recorded music or live music, for the purpose of entertainment.
(Prior code § 1804 (b)(27))
"District" means the land area shown or described on the land use zoning map. District shall have the same requirements and meaning as zone or zoning district, subject to the requirements of the map.
(Prior code § 1804 (b)(28))
"Drive-in/Drive through food facility" means an establishment where food is prepared on-site and orders are taken from customers while seated in their cars, and/or food is served to customers in cars, and/or through an exterior service window, and/or parking facilities are provided on-site for consumption of food in automobiles.
(Prior code § 1804 (b)(29))
"Driveway" means an access to a required off-street parking facility, with paving not less than eight feet in width.
(Prior code § 1804 (b)(30))
"Dump" means an area used for the disposal, abandonment, discarding, dumping, reduction, burial, incineration or disposition by any means, of any solid waste.
(Ord. 629 § 11, 2005: prior code § 1804 (b)(31))
"One-family dwelling" means a dwelling unit designed or used exclusively for the occupancy of one family.
(Prior code § 1804 (b)(33))
"Dwelling unit" means an integrated assembly of one or more rooms, in addition to a kitchen and bathroom, in a building or portion thereof designed and used exclusively for residential occupancy (with the exception of permitted home occupations) by one family for living or sleeping purposes, and containing only one kitchen.
(Prior code § 1804 (b)(32))
"Easement" means a space on a lot or parcel of land indicated on a subdivision map, in a deed restriction, or in a recorded document reserved for or used for public utilities, public or private uses.
(Prior code § 1804 (b)(34))
"Educational institutions" means schools, colleges or universities giving general academic instruction, as determined by the State Board of Education.
(Prior code § 1804 (b)(35))
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.
(Ord. No. 691, § 1, 12-10-2013)
"Family" means a group of two or more persons living together as a single housekeeping unit in any dwelling unit, who share expenses equally or do not pay a fixed periodic fee to the principal residents.
(Ord. 547 § 1, 1992: prior code § 1804 (b)(36))
"Federal government" means the Government of the United States of America.
(Prior code § 1804 (a)(10))
"Fence" means any structure forming a physical barrier which is so constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane. This shall include wire mesh, steel mesh, chain link, louvered, stake and other similar materials. (See Section 17.02.645, wall.)
(Prior code § 1804 (b)(37))
"Three-rail fence" means a fence consisting entirely of wood material, painted white, with three rails and a total maximum height of forty-two inches as described in Section 17.06.350.
(Prior code § 1804 (b)(38))
"Front wall" means the wall of a building or structure closest to the street which the building fronts, but excluding certain architectural decorative features such as cornices, canopies, eaves or embellishments.
(Prior code § 1804 (b)(39))
"Frontage" means all property fronting on one side of the street between a paved street and right-of-way, waterway, or between intersecting or intercepting streets, the end of a dead-end street, or city boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that intercepts.
(Prior code § 1804 (b)(40))
"Games of skill and science" means any mechanical or electronic game participated in by one or more players, the use or operation of which is initiated by placing therein a coin, token, slug or similar device, or which is let for use, operation or play, upon the payment or delivery of anything of value therefor, or upon the making of any purchase, and in which the predominant factor in determining the results of such game is the skill of the player or players and not chance. (See Section 17.02.045, amusement arcade.)
(Prior code § 1804 (b)(41))
"Private garage" means a detached accessory building or a portion of a main building on the same lot as a dwelling used for the housing of vehicles of the occupants of the dwelling.
(Prior code § 1804 (b)(42))
"Public garage" means any garage other than a private garage.
(Prior code § 1804 (b)(43))
"Storage garage" means any building or premises used exclusively for the storage of vehicles.
(Prior code § 1804 (b)(44))
"General residential care facility" means a residential care facility that serves seven or more persons.
(Ord. No. 689, § 1.A, 12-10-2013)
"Greenhouses" means a structure primarily used for growth and maintenance of plants and classified as a structure in determining a lot coverage.
(Prior code § 1804 (b)(45))
"Guesthouse (accessory living quarters)" means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises. The quarters do not have kitchen facilities and are not rented, leased or otherwise used as a separate dwelling unit.
(Prior code § 1804 (b)(46))
"Half story" means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story, or adjacent stories on a split level home.
(Prior code § 1804 (b)(47))
"Hedge" means a plant or series of plants, shrubs or other landscape material so arranged as to form a physical barrier or enclosure.
(Prior code § 1804 (b)(48))
See Section 17.02.095, building, height of.
(Prior code § 1804 (b)(49))
"Home occupation" means any use customarily conducted for profit entirely, within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes, which use does not change the character thereof nor adversely affect true uses permitted in the building of which it is part. (See Chapter 17.48 of this Code.)
(Prior code § 1804 (b)(50))
"Hospital" means any building or portion thereof used for the accommodation and medical care of the sick, injured or infirm persons, including sanitariums, convalescent hospitals, and institutions for the treatment or care of drug addicts, alcoholics, mentally disturbed persons, or any combination thereof.
(Prior code § 1804 (b)(51))
"Hotel" means any building containing two or more guestrooms intended or designed to be used, rented or hired to be occupied for sleeping purposes by guests. A hotel provides a range of services to guests including, but not limited to, room service, restaurant and banquet facilities. A hotel's primary orientation is toward a central lobby or courtyard. (See motel, Section 17.02.410.)
(Prior code § 1804 (b)(69))
"Industry" means the manufacture, fabrication, processing, reduction, quarrying or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprises.
(Prior code § 1804 (b)(52))
"Kennel" means any lot or premises on which three or more dogs at least four months of age are kept, boarded or trained.
(Prior code § 1804 (b)(53))
"Kitchen" means any room designed to be used or maintained for the cooking and/or preparation of food.
(Prior code § 1804 (b)(54))
"Limited residential care facility" means a residential care facility that serves six or fewer persons. Limited residential care facilities are permitted in all zones where single-family dwelling units are permitted and are subject to the same development standards as single-family dwelling units.
(Ord. No. 689, § 1.B, 12-10-2013)
"Loading space" means an off-street space or berth on the same lot as a main building, or contiguous to a group of buildings, used for the temporary parking of commercial vehicles while loading or unloading, which abuts a street, alley or appropriate means of ingress or egress.
(Prior code § 1804 (b)(55))
"Lot" means:
A.
A parcel of real property with a separate and distinct number or other designation shown on a plat map recorded in the office of the county recorder and legally in existence on March 15, 1960; or
B.
A parcel of real property delineated on an approved record of survey, lot split or subdivision map as filed in the office of the planning commission and abutting at least one street; or
C.
A parcel of real property containing area not less than required by the district in which it is located, abutting at least one public street and except as specifically hereinafter provided, held under separate ownership from adjacent property prior to the effective date of this title.
(Prior code § 1804 (b)(56))
"Corner lot" means a lot located at the intersection of two or more streets.
(Prior code § 1804 (b)(57))
"Reversed corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
(Prior code § 1804 (b)(58))
"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, regardless of whether the building or structure is intended for human occupancy.
(Prior code § 1804 (b)(23))
"Lot depth" means the average horizontal distance between the front and rear lot lines, excluding private road easements, measured in the mean direction of the side lot lines.
(Prior code § 1804 (b)(59))
"Interior lot" means a lot other than a corner lot.
(Prior code § 1804 (b)(60))
"Key lot" means a lot where the side lot line abuts the rear lot line of one or more other lots, and not separated by an alley.
(Prior code § 1804 (b)(61))
"Lot line" means a line bounding a lot as defined in this chapter.
(Prior code § 1804 (b)(62))
"Front lot line" means, in the case of an interior lot, the boundary line separating the lot from the street or private road easement. In the case of a corner or reverse corner lot, the "front lot line" means the boundary line separating the narrowest street or private road easement, except in those cases where the latest deed restrictions specify another boundary line as the front lot line.
(Prior code § 1804 (b)(63))
"Rear lot line" means a lot line which is opposite and the farthest distance from the front lot line. In the case of an irregular or gore-shaped lot, a line within a lot, which is essentially perpendicular to the side lot line, having a length of not less than ten feet.
(Prior code § 1804 (b)(64))
"Side lot line" means any lot boundary that is not a front line or a rear lot line.
(Prior code § 1804 (b)(65))
"Lot of record" means a parcel of land as shown on the records of the county assessor at the time of the adoption of this title.
(Prior code § 1804 (b)(66))
"Through lot" means a lot having frontage on two parallel, or approximately parallel, dedicated streets. Lot frontage on a through lot, except any lot which is included in or set forth on a subdivision map recorded in the office of the county recorder, shall be determined by the planning commission.
(Prior code § 1804 (b)(67))
"Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
(Prior code § 1804 (b)(68))
"Manufactured home" means a structure which is transportable, built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein. A module is a unit of a manufactured home. A manufactured home must comply with the standards established under the National Manufactured Housing Construction and Safety Act of 1974.
(Prior code § 1804 (b)(70))
(Ord. No. 684, § 2, 4-10-2012)
Editor's note— Ord. No.721, § 4A, adopted March 27, 2018, effective April 26, 2018, repealed § 17.02.406, which pertained to medical marijuana dispensary and derived from Ord. 635 § 1 (part), adopted 2007; Ord. No. 704, § 4, adopted February 23, 2016.
"Motel" means a group of dwellings used for commercial purposes such as a building or group of two or more detached, semidetached, or attached buildings containing guestrooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motorcourts, motels, motor inns and similar designations. A motel provides limited services to transient guests and automobile travelers. A motel's primary orientation is toward vehicular facilities. (See Section 17.02.305, hotel.)
(Prior code § 1804 (b)(71))
"Multiple-family private dwelling" means a building designed and used for occupancy by two or more families and containing two or more separate kitchen facilities for each family's use, independent of each other, exclusive of any hotel or motel.
(Prior code § 1804 (b)(72))
"Legal, nonconforming building/structure" means a building/structure, or portion thereof, which was lawfully designed, erected or structurally altered for a use which does not now conform to the use of the district in which it is located, or which does not now comply with all the height and area regulations of the district or neighborhood in which it is located, due to application of this title or to any ordinance adopted prior to the adoption of this title.
(Prior code § 1804 (b)(73))
"Nonconforming use" means a use of a building/structure or land which does not conform to the regulations for the district and surrounding neighborhood in which it is located, as set forth in this title, due to the application of this title or of any ordinance adopted prior to the adoption of this title.
(Prior code § 1804 (b)(74))
Same as hospital. (See Section 17.02.300.)
(Prior code § 1804 (b)(75))
Same as advertising structure. (See Section 17.02.025.)
(Prior code § 1804 (b)(76))
"Private parking area" means any open area, other than a street, used for the parking of automotive vehicles and restricted from general public use.
(Prior code § 1804 (b)(77))
"Public parking area" means any area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either with or without remuneration, which may be located outdoors or within a building or structure or on, above or below the surface of the land. Any parking area required under Sections 17.22.050, 17.26.050, 17.30.050, 17.32.040 and Chapter 17.40 shall be deemed a public parking area.
(Prior code § 1804 (b)(78))
"Automobile parking space" means space, exclusive of driveways, ramps, columns, loading areas and office or work areas, within a parking area for the parking of one automobile. Each space shall have an area not less than one hundred eighty square feet for the parking of a motor vehicle and additional area shall be required for safe ingress and egress from the space. The area must be usable and accessible for off-street parking.
(Prior code § 1804 (b)(79))
"Parking structure" means a multilevel structure, not located beneath a building, designed and used for parking of motor vehicles.
(Prior code § 1804 (b)(80))
"Person" means an individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal government, state, city, county, district, or any other group or combination acting as an entity, except the city of Rolling Hills Estates.
(Prior code § 1804 (b)(81))
"Place" means an open, unoccupied space other than a street or alley, permanently reserved by means of recorded deed, or easement as the principal means of access to abutting property.
(Prior code § 1804 (b)(82))
"Planning commission" means the planning commission of the city of Rolling Hills Estates.
(Prior code § 1804 (a)(4))
"Plan review" means the review by the planning commission of a site plan and other studies used to assist the commission in determining the manner in which the applicant intends to make use of his property. Plan review shall include proposals for development in residential districts in accordance with the neighborhood compatibility (Chapter 17.62 of this code) and in commercial districts in accordance with the precise plan of design (Chapter 17.58 of this code).
(Prior code § 1804 (b)(83))
"Porte cochere" means a canopy attached to any occupancy for the protection and convenience of loading and reloading passengers or materials from or into a motor vehicle, which shall not be considered as a place for motor vehicle storage.
(Prior code § 1804 (b)(84))
"Property" means real property, unless specifically described otherwise.
(Prior code § 1804 (b)(85))
"Residential care facility" means a facility that provides twenty-four-hour nonmedical care of persons who are in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment, and which facility is licensed by the state. A residential care facility specifically includes a "community care facility" that provides nonmedical residential care as such term is defined in California Health and Safety Code Section 1502.
(Ord. No. 689, § 1.C, 12-10-2013)
"Residential care facility for the elderly" has the meaning set forth in Health and Safety Code Section 1569.2. Such housing may include kitchen facilities within the units, even if most or all meals are taken in a communal dining facility. RCFE facilities are not subject to density limitations as prescribed under Section 17.37.040(B) of this code.
(Ord. No. 694, § 3, 9-23-2014)
"Restaurant" means a properly licensed establishment with facilities for the preparation, serving, sale and consumption of food on the premises.
(Prior code § 1804 (b)(86))
"Rest home" means premises used for the housing of and caring for ambulatory persons over sixty-five years of age, or infirm. There shall be only incidental convalescent care not involving either a trained nurse or physician residing on the premises. There shall be no surgery, physical therapy or other similar activities performed, such as are customarily provided in sanitariums and hospitals.
(Prior code § 1804 (b)(87))
"Retail store" means a business selling goods, wares or merchandise directly to the ultimate customer.
(Prior code § 1804 (b)(88))
"Retaining wall" means any wall used to resist the lateral displacement of any material.
(Prior code § 1804 (b)(89))
"Room" means a subdivided portion of the interior of a dwelling unit, excluding hallways and service porches.
(Prior code § 1804 (b)(90))
"Sanitarium" means a health station or retreat or other place where patients are housed and where medical treatment is given. This does not include institutions for the treatment or care of narcotic addicts, alcoholics or mentally disturbed patients.
(Prior code § 1804 (b)(91))
"Satellite antenna" means a device designed or used for reception of television or other signals from orbiting satellites.
(Prior code § 1804 (b)(92))
"Elementary school" and "high schools" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools, pursuant to the Education Code of the state of California. (See educational institutions, Section 17.02.215.)
(Prior code § 1804 (b)(93))
"Senior independent living facility" means an age-restricted housing development that is not licensed by the state of California and is designed to enable seniors to live an independent lifestyle that includes recreational, educational and social activities. Such housing includes kitchen facilities within the unit, even if most or all meals are taken in a communal dining facility.
(Ord. No. 694, § 3, 9-23-2014)
"Sign" means any printing, writing, design, device, illustration, picture, diagram, outline or other representation appearing on or as a part of any card, cloth, paper, plastic, metal, glass, wooden or stone material and any and all devices, structural or otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, in the front, rear, sides or top of any structure, on any land or any tree, wall, bush, rock, post, fence, building or structure, and visible from any public or private street, way, thoroughfare, alley or walk, which device announces or directs attention to the name or nature of a business, occupant of a structure, building or land, the nature or type of goods, services or products produced, sold, stored, furnished or available at that location, or at any other location, including political signs as defined in Section 17.60.030 and signs used specifically for the sale of real property, and including all parts, portions, units and materials composing the same, together with the frame, background, structure support and anchorage therefor, but not including official notices issued by any court or public body or officer or directional warning or information sign or structures required by or authorized by law or by federal, state, county or city authority. The term "placed" as used herein shall include erected, constructed, posted, painted, printed, tacked, glued, stuck, carved or otherwise fastened, fixed or made visible in any manner whatsoever.
(Prior code § 1804 (b)(94))
"Single room occupancy (SRO) facility" means a facility operated by a provider with six or more dwelling units for persons of lower income where each unit has a minimum floor area of two hundred fifty square feet and a maximum floor area of three hundred fifty square feet. These dwelling units must have kitchen and bathroom facilities, and must be offered on a monthly basis or longer. For the purposes of this definition, a "provider" means a government agency or private nonprofit organization that provides or contracts with recognized community organizations to provide SRO housing, and "lower income" has the meaning set forth in Health and Safety Code Section 50079.5.
(Ord. No. 689, § 1.D, 12-10-2013)
"Skilled nursing facility" has the meaning set forth in Health and Safety Code Section 1250. For purposes of this code, "intermediate care facility" has the same meaning as "skilled nursing facility." Skilled nursing facilities are not subject to density limitations as prescribed under Section 17.37.040(B) of this code.
(Ord. No. 694, § 3, 9-23-2014)
"Private stable" means a detached accessory structure for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
(Prior code § 1804 (b)(95))
"Public stable" means a stable other than a private stable.
(Prior code § 1804 (b)(96))
"State" means the state of California.
(Prior code § 1804 (a)(9))
"Story" means a space in a building between the upper surface of any floor and the upper surface of the floor next above, or if there is not a floor above, then the space between such floor and the top of the supporting structure to which each ceiling is attached.
(Prior code § 1804 (b)(97))
"Street" means a public or private thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road and other thoroughfare, except as excluded in this title.
(Prior code § 1804 (b)(98))
"Street centerline" means the centerline of a street or right-of-way as established by surveys certified by the city engineer.
(Prior code § 1804 (b)(99))
"Street line" means the boundary line between a street, or street right-of-way, or public or private ingress/egress easements, and abutting property.
(Prior code § 1804 (b)(100))
"Local street" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a major or secondary highway or major traffic street on the master plan for the city.
(Prior code § 1804 (b)(101))
"Side street" means any street abutting a corner lot, which extends in the same general direction as the line determining the depth of the lot.
(Prior code § 1804 (b)(102))
"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, which requires location on the ground. Ground treatments such as streets, parking lots, driveways, walks (up to five feet in width), bicycle trails and horse trails shall not be considered structures. (See Section 17.02.590, structure, ground.)
(Prior code § 1804 (b)(103))
"Accessory structure" means a building, part of a building or structure; use of which is subordinate to and incidental to that of the main building and is used on the same lot in the same district. Accessory structures are any structures that extend one foot in height over the local grade. When an accessory structure is part of, or attached to the main building, it shall be considered a part of the main building.
(Prior code § 1804 (b)(104))
"Ground structure" means any constructed feature placed below or on the ground which does not extend above one foot in height as measured from local grade. This shall include, but is not limited to patios, pools, spas and sports courts. Such features shall be considered in calculations of lot coverage.
(Prior code § 1804 (b)(105))
"Structural alterations" means any change in the supporting members of a building such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundation piles, retaining walls or similar components.
(Prior code § 1804 (b)(106))
"Supermarket" means a commercial development which includes three or more of the following uses: grocery department, meat market, drug department, liquor sales department, fruit and vegetable department, and sections or departments for the sale of incidental items of a convenience type.
(Prior code § 1804 (b)(107))
"Supportive housing" has the meaning set forth in California Health and Safety Code Section 50675.14. Supportive housing is permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.
(Ord. No. 691, § 1, 12-10-2013)
"Automobile trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a trailer coach.
(Prior code § 1804 (b)(108))
"Transitional housing" has the meaning set forth in California Health and Safety Code Section 50675.2. Transitional housing is permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law.
(Ord. No. 691, § 1, 12-10-2013)
"Truck and trailer sales lot" means an open area where trucks and/or trailers are sold, leased or rented and where no repairs, repainting or remodeling is done.
(Prior code § 1804 (b)(109))
"Secondary unit" means a separate dwelling unit attached to and accessible through the main building. The unit does not exceed six hundred forty square feet in size and shall not be occupied by more than two persons, at least one of which shall not be less than sixty years of age, who shall be related by blood to the occupant(s) of the main building. Secondary units shall be subject to the provisions set forth in Chapter 17.56 of this code.
(Prior code § 1804 (b)(112))
"Use" means the purpose for which the land or a structure is arranged, designed or intended, or for which either land or structure is or may be occupied or maintained.
(Prior code § 1804 (b)(110))
"Accessory use" means a use incidental or subordinate to and developed exclusively to the main use of the land or structure thereon.
(Prior code § 1804 (b)(111))
"Compatible use" means a use that by its manner of operation is suitable for the district in which it may be nonconforming. A use of land and/or structure which is in harmony with the uses on abutting properties in the same district.
(Prior code § 1804 (b)(113))
"Used" includes arranged for, designed for, occupied or intended to be occupied for.
(Prior code § 1804 (a)(2))
"Visual obstruction" means any combination of fencing, hedges, trees, shrubs and walls which limits the visibility of persons at intercepting streets and alleys at a point twenty-four inches above ground, measured in a vertical plane in the sidewalk area.
(Prior code § 1804 (b)(114))
"Wall" means any structure or device forming a physical barrier, which is constructed so that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This shall include concrete, concrete block, wood or other materials that are solids and are assembled as to form a solid barrier.
(Prior code § 1804 (b)(115))
"Yard" means any open space other than a court on the same lot with a building/structure or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for projections, accessory buildings, structures and/or signs permitted by this title.
(Prior code § 1804 (b)(116))
(See Figure 17.02.655.)
"Front yard" means:
A.
On developed residential lots, the area extending across the full width of the lot measured from the front property line or edge of a private or public easement used for access purposes which incorporates the entire area between the front property line and the front face of the building and extending to the side property lines parallel or equidistant with the front property line;
B.
On undeveloped residential lots, the area extending parallel across the full width of the lot measured from the front property line to the minimum setback line established for the zone.
(Prior code § 1804 (b)(117))
"Rear yard" means a yard on a lot measured from the rear property line of the lot to the extreme rear line of the main building and extending across the full width of the lot, except in the case of street facing yards (except as noted in Section 17.02.675).
(Prior code § 1804 (b)(118))
Side and rear yards, as well as front yards on undeveloped lots, are established by the property line setback and height specification which create requirements for residential dwellings, creating a three-dimensional envelope in which the permitted projections (from residences) are allowed to extend. These required yard areas encompass the air space between any vertical planes located on the property line and minimum setback requirement. These planes shall be established by the required setback standards, regardless of the location of existing structures in side and rear yards, except in the case of street facing yards.
(Prior code § 1804 (b)(119))
"Side yard" means a yard extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear yard between the side lot line and the nearest wall of the main building or of a building attached thereto (except as noted in Section 17.02.675).
(Prior code § 1804 (b)(120))
"Side street facing yard" means a yard extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear lot line, and incorporates the full depth of the lot.
(Prior code § 1804 (b)(121))
The same as district. (See Section 17.02.180.)
(Prior code § 1804 (b)(122))
The same as district. (See Section 17 02.180.)
(Prior code § 1804 (b)(123))
"Zoning review" means the right of the city council to review, after the establishment of a date for the review in a zoning district changing procedure, the appropriateness of the change if the privileges granted by such changes of zoning classification are not exercised within the period of time set for the development of the land.
(Prior code § 1804 (b)(124))
"Change of zoning district" means the legislative act of removing one or more parcels of land from the zoning district and placing them in another zoning district on the land use zoning map of the city.
(Prior code § 1804 (b)(125))