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440, New tennis court, Resolutions & Approval Conditions)0627 9-84) F CALIFORNIA OF I -\NC -re LC� TICOR TITLE INSURANCE 2 90-.1934832 O ( G, \ c7 �i 0 before me ;_the undersigned, a Notary ate, personally appeared e 4-k , personally known to me or proved to me on the basis of satisfactory evidence to be person erson_ whose name 1 `5 subscribed to the within instrument and acknowledged that i-1 . exe- cuted the same. WITNESS my hand and official seal. 1 Signature Public in and for OFFICIAL SEAL. ' DOUGLAS K. MG HATTIE Notary Public -California LOS ANGELES COUNTY .�' My Comm. Exp. Sep. 15,1992 (This area for official notarial seal) RECORDING REQUESTED BY MAIL TO: 2 5- 311832 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Please return City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (The Registrar -Recorder's Office requires that before recordation.) COUNTY OF LOS ANGELES ) ss STATE OF CALIFORNIA Acceptance Form Eli:CORDED OFFIC(Ai (E 3RD RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA: P ITT 1. R (�4. NOV 1.9 1990 record this form with the Registrar -Recorder's Office andYM to: r~a,q s7 Ll (i i P c 1990 the City Of Re!Un, liiils form bgy,notarized finy CONDITIONAL USE PERMIT CASE NO. 440 (Resolution #90-38) VARIANCE CASE NO. SITE PLAN REVIEU CASE NO. I (We) the undersigned state: I am (We are) the owner(s), of the real property described as follows: #1 Poppy Trail, Rolling Hills, CA 90274 (Lot 90-B-RH) 440 (Resolution #90-38) This property is the subject of the above numbered cases. I am (We are) aware of, and accept, all the stated conditions in said Conditional Use Permit Case No. 440 (Resolution #90-38) Variance Case No. Site Plan Review Case No. 440 (Resolution #90-38) I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. (Where the owner and applicant. are Applicant Name Address City, State Signature Owner Name Address City, State TL,is signature must bc,acknowledged by a notary public. Attach appropriate acknowledgement. not the same, both must sign.) Type or print J-{ w),6 6,71) / fill R (ft R=( ( - Ii 5, 96 )2'7 ET-1 Signature �'r{��.�.;'' \'_.a • • RESOLUTION NO. 90-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT FOR A TENNIS COURT AND SITE PLAN REVIEW APPROVAL FOR A TENNIS COURT IN ZONING CASE NO. 440 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Dr. Stephen Taus with respect to real property located at 1 Poppy Trail, Rolling Hills (Lot 90-B-RH) requesting a Conditional Use Permit to construct and maintain a 7,000-square foot tennis court within an existing riding ring on said property and for site plan review approval of the proposed tennis court. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on September 18, 1990 and October 16, 1990 and conducted field site review on October 6, 1990. Section 3. Section 17.16.012 (E) of the Municipal Code provides for the discretion of the Planning Commission to grant a Conditional Use Permit for a tennis court, subject to certain conditions outlined in Section 17.16.012 (E)(1-14). Section 4. The Planning Commission makes the following findings: A. The granting of a Conditional Use Permit would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan; and be desirable to the public convenience and welfare because the proposed tennis court would have minimal impact to the site and surrounding properties since the tennis court will be secluded and removed from the roadway, no grading is required since the tennis court will be constructed within an existing flat area of a riding ring and existing mature landscaping and new planting will provide screening of the court. B. The granting of a Conditional Use Permit would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan, because the proposed project will comply with the setback requirements, and its size will not cause the total lot coverage of all structures on the site to exceed the twenty percent maximum structural lot coverage. Further, the project requires no extensive grading, and thereby will be compatible with the site and surrounding properties. • • Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Conditional Use Permit for Zoning Case No. 440 to construct and maintain a tennis court as indicated on the development plan submitted with the application and incorporated herein by reference as Exhibit A subject to the conditions set forth in Section 8 of this Resolution. Section 6. Section 17.34.010 requires a development plan to be submitted for site plan review and approval before any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by more than twenty-five percent (25%) in any thirty-six (36) month period. Section 7. The Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback and lot coverage requirements. The lot has a net square foot area of 184,824 square feet. The proposed tennis court, existing residence, garage, swimming pool and stables will have 21,136 square feet which constitutes 11.5% of the lot, which is substantially less than the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 37,462 square feet which equals 20.3 of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is similar and compatible with neighboring development patterns. B. The proposed development preserves and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) because extensive grading is not required and healthy mature trees will not be removed, thereby retaining the current drainage pattern and landscape screening for the site. C. The development plan follows natural contours of the site to minimize grading because the project will be constructed upon the existing riding ring pad, thereby requiring no extensive grading. D. The development plan incorporates large existing trees to an extent and surrounding native vegetation and supplements it with landscaping that is compatible with and enhances the rural character of the community. • • E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because construction will occur at a secluded place on the site and as indicated in paragraph A, the structural lot coverage is substantially less than that is permitted. F. The proposed development is harmonious in scale and mass with the site, the natural terrain and surrounding residences because as indicated in paragraph A, lot coverage maximum will not be exceeded and the proposed and existing development on the site is of consistent scale with other similar developments within the City, and no grading is required. G. The proposed development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles because the tennis court will be secluded and removed from the roadway beyond required setbacks. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 440 for a proposed tennis court on the property located at 1 Poppy Trail, as indicated on the development plan incorporated herein as Exhibit A and subject to the following conditions: A. The conditional Use Permit shall expire unless used within one year from the date of the Permit is granted. B. If any provision of the Conditional Use Permit is held or declared to be invalid, the permit shall be void and the privileges granted thereunder shall lapse. C. It is declared and made a condition of the Conditional Use Permit that if any conditions thereof are violated, the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. D. All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A except as otherwise provided in these conditions. • • F. No grading shall be permitted. G. Court lighting shall not be permitted. H. The existing riding ring fence shall remain. The Tennis Court fences shall be a maximum of eight (8') feet in height above the surface level of the court. I. The two (2) existing stables shall remain for horsekeeping and related uses only. J. A landscaping plan must be submitted to the City of Rolling Hills Planning Department staff for approval. The plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. A bond in the amount of the cost estimate for the landscaping plus 15% shall be posted and retained with the City for not less than two years after landscape installation. The retained bond will be released by the City after the City Manager (or the Landscape Committee of the Rolling Hills Community Association, if appointed to act for this purpose in the place of the City Manager) determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. The landscape plan shall incorporate specimen (36" box) trees to landscape the view from El Concho Lane and Georgeff Road. K. A drainage system shall be incorporated into the overall plan of the court and landscaping, which drainage system shall be approved by the City and the County of Los Angeles. L. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the Development Plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. M. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building permit for the proposed tennis court. N. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the Development Plan approved with this application. . • • 1990. O. Any modifications to the project which would constitute a modification to the Development Plan as approved by the Planning Commission, shall require the filing of an application for modification of the Development Plan pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. P. Applicant shall execute an affidavit of acceptance of all conditions pursuant to Section 17.32.087 or this Conditional Use Permit and Site Plan Review shall not be effective. Q. All conditions of this Conditional Use Permit and Site Plan Review approvals must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED this 3rd day of November, ATTEST: 121121 r_ Deputy City Cle k Allan Roberts, Chairman