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Rolling Hills Estates
City Zoning Code

Chapter 17.36

H DISTRICT

17.36.010 - Purpose.

A.

The H district is intended as a district to permit the keeping of horses in preservation of one of the primary recreational activities of the city, to wit, the stabling and riding of horses for personal recreational pleasure of its residents.

B.

Whenever it is placed on the official zoning district map, the designation H shall be indicated after the zoning district of the area over which it is placed, and the regulations of the H district shall apply in addition to the regulations of the principal zoning district of the area to which it is applied. Whenever a use is permitted in the H district, the use shall be permitted in addition to the uses otherwise allowed in the district over which it is placed.

(Prior code § 1868)

17.36.020 - Permitted uses.

Premises in the H District may be used for the keeping and maintenance of horses subject to the following conditions:

A.

No more than four horses may be kept on a lot or parcel located within the H District. Foals under one year of age shall not be counted in the maximum number of horses permitted. Miniature horses, less than thirty-eight inches in height shall be counted as one-half of a horse in the maximum number of horses permitted.

B.

The horses shall be maintained in a fenced corral area containing at least eight hundred square feet for the first horse, and for each additional horse beyond one, an additional three hundred square feet or corral area shall be provided. The minimum required corral area(s) may also include covered shelter, including a barn. The corral and any stable which is provided must be no closer than thirty-five feet from any dwelling and no closer than ten feet to a swimming pool. In addition, when the adjacent lot or parcel is unimproved, the stable must be no closer than twenty-five feet from the common boundary line with such unimproved lot or parcel.

C.

The keeping of stallions on property in the H District is subject to the following additional requirements:

1.

Any stallion kept on a property in the H District shall be located within a secure enclosure that is at least five feet in height, and kept at a minimum distance of ten feet from any adjacent off-site horse-keeping area(s). An example of a secure enclosure would be one constructed with wood using four-inch by four-inch pressure-treated or redwood posts, anchored twenty-four inches in cement, eight feet on center, with two-inch by six-inch wood rails set two feet apart. Other types of sturdy fencing may include five diamond V mesh wire, coated wire or metal pipes. Electrically charged wires "hot wire" may also be used, but only to supplement a fenced enclosure and shall meet underwriter's standards for electric fences.

2.

No person shall permit or allow a stallion to be turned out or run at large, including but not limited to, in open range areas or public riding rings.

(Ord. 629 § 15, 2005; prior code § 1869)

(Ord. No. 682, § 1, 10-11-2011)

17.36.030 - Horses in excess of permitted number authorized when.

A.

The planning commission, when by action taken at a public hearing, may permit a larger number of horses to be kept on a lot or parcel than the number allowed under the provisions of this title by the issuance of a special use permit. Rights granted under such special use permit shall not be transferrable from property owner to property owner upon sale of a property. The owner of a lot or parcel requesting such permission shall file a written application with the city, setting forth the reasons for his/her request, accompanied by a plot plan of his/her lot or parcel showing his/her residence, adjoining residences and the owner's stable and corral area, and any additional pertinent information. Lots over one acre in size shall be given preference for the issuance of a special use permit to exceed the maximum number of permitted horses.

B.

Upon filing an application with the city, the owner shall be notified of the time and date of the public hearing to be held by the commission on the application. The city shall give notice of the time and place of the public hearing by mail to all property owners within a radius of five hundred feet of the external boundaries of the owner's property by using the last known addresses of the surrounding owners as shown on the tax roll of the county of Los Angeles. All notices shall contain a brief description of the applicant's request and the applicant shall furnish the appropriate application materials. Such notice shall also be posted within three hundred feet of the subject property as well as published, at least one time, in the local newspaper. All required notification shall be carried out at least ten days prior to the date of the public hearing.

C.

The commission, in granting permission to an owner to keep a larger number of horses on his/her lot or parcel, may establish conditions under which such permission shall terminate, together with such other reasonable conditions, restrictions and limitations as shall insure carrying out the intent and purpose of this title.

D.

The decision of the commission shall be final, unless an appeal therefrom is taken to the city council, as provided for in this section. Such decision shall not become effective for twenty days from the date that the written decision has been made and notice thereof mailed to the applicant by registered mail, during which time written appeal therefrom may be taken to the city council by the applicant or any other person aggrieved by such decision. The city council may, upon its own motion, cause any commission decision to be appealed.

E.

The filing of an appeal stays proceedings in the matter appealed from until the determination of the appeal. On the appeal, the city council shall review the decision of the commission, hear new evidence and testimony, if offered, and in deciding the appeal, may either affirm, reverse or modify the decision of the commission.

(Prior code § 1870)

(Ord. No. 682, § 1, 10-11-2011)

17.36.040 - Horse lot preservation.

A.

No permits shall be issued by the city's building official which would in any way allow building, construction, addition, alteration or modification on real property designated as H such that it would interfere, preclude or otherwise eliminate the implementation of the standards of the H district related to the establishment of horse keeping facilities, whether or not such facilities exist at the time a permit is requested. If the owner of real property designated as H finds that he/she will suffer unique hardship due to the implementation of the requirements of this section, because of the size, location, topography, shape or other special characteristics of the property, the owner can request a variance pursuant to Chapter 17.66 of this code. For purposes of future development, a property that is currently improved with improvements that are legally permitted, however, not able to provide the necessary horse-keeping area, the property owner shall not be required to comply with the above-stated horse lot preservation requirements, until which time the property is proposed to be improved involving one or more of the following: A home, including the primary garage is being expanded by more than fifty percent of its existing floor area, and/or a home's lineal walls, including the primary garage, are being demolished by more than fifty percent, all within a ten-year time period.

B.

Any future designated horse keeping area shall be shown on a site plan submitted to the city for any remodeling/construction purposes and shall be labeled as "future horse keeping area" with a thirty-five-foot radius labeled in all directions such that the designated area provides the minimum required setback of thirty-five feet from a dwelling on or off-site. Further, the minimum area for horse lot preservation is eight hundred square feet, the minimum area required for the keeping of one horse. Such required eight hundred square feet area shall be usable and not located on a slope steeper than twenty-five percent (where future grading may be required to reduce slope steepness). No dimension of the required horse keeping area shall be less than twelve feet. The future designated horse keeping area may be landscaped; however, no permanent structures shall be located in this area. Lastly, there shall be a minimum setback of ten feet from the required horse keeping area to a swimming pool.

(Prior code § 1870.1)

(Ord. No. 682, § 1, 10-11-2011)

17.36.050 - Horse stall rentals.

The rental of horse stalls is permitted provided the subject lot is in full compliance with all requirements of this code, including, but not limited to, the maximum number of horses, minimum corral area, health and safety laws, property maintenance standards, and the prohibitions against vehicles driving on bridle trails. Horse stall rentals shall not be deemed a home occupation as defined in Chapter 17.48 of this code. No portable toilets shall be located on a private property to serve any horse-related facilities.

(Prior code § 1870.2)

(Ord. No. 682, § 1, 10-11-2011)