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RESOLUTION NO. 593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DENYING A CONDITIONAL USE PERMIT IN
ZONING CASE NO. 377
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by
I.S,C.O. with respect to real property located at No. 4 Morgan
Lane, Rolling Hills (Lot 170 -7 -MS) requesting a conditional use
permit for a tennis court and guest house on said property.
Section Z. The Planning Commission conducted a
duly -noticed, public hearing to consider the application on
December 20, 1988 and January 17, 1989 and conducted a field trip
on January 14, 1989. After considering the evidence, both
written and oral, the Commission denied the application on the
ground, among others, that the proposed improvements would result
in over -development of the lot.
Section 3. Pursuant to Section 17.32.140(A), the
applicant appealed the decision of the Planning Commission to the
City Council.
Section 4. On February 27, 1989 the City Council
opened a duly -noticed, de novo public hearing pursuant to
Municipal Code Section 17.32.190 to consider the application.
Evidence, both written and oral, was presented to and considered
by the City Council. The applicant appeared before the Council
and was further represented by his representative, Jim A.
Marquez. The hearing was adjourned to a field trip on March 7,
1989 to enable the Council and all interested persons the
opportunity to view the site.
Section 5. The City Council on March 7, 1989
conducted a field trip to the site which was open to all members
of the public. The Council inspected the subject property and
observed the following:
A. The subject property is a relatively flat parcel
located at a higher elevation than surrounding properties.
Improvements constructed on the parcel would be visible to
the surrounding area, including users of nearby trail
easements.
,� r
B. The staking of the property discloses that the
proposed structures would cover most of the allowable
buildable area of the lot, leaving little room for open
space areas and no natural vegetation.
,Section 6. The Council resumed the continued public
hearing on March 27 and continued it to April 24, 1989, at which
time additional evidence was presented to and considered by the
Council.
Section 7. Section 17.16.012(E) and (F) of the
Municipal Code provide the discretion to grant a conditional use
permit for tennis courts and guest houses if appropriate under
Section 17.21.060, subject to certain minimum conditions.
Section 8. The City Council finds that:
A. The proposed structures would create a densely
developed lot, eliminating those open spaces and natural
features that would preserve the rural atmosphere called for
in the General Plan.
B. The tennis court and its attendant fencing would
be highly visible to surrounding properties.
C. The proposal is inconsistent with recently adopted.
Ordinance No. 221, which requires that the site development
be compatible with the General Plan, preserve and integrate
into the site design natural topograhic features, maintain
an open, rural atmosphere, preserve natural vegetation,
minimize grading and overcrowding of structures and
harmonize with surrounding properties. This proposal would
completely develop the lot with an existing swimming pool,
a 8,996 square foot house, a proposed tennis court and guest
house and a future site for a stable. The structural lot
coverage would be 19.9% which almost exceeds the maximum 20%
lot coverage requirement. Existing open and natural
features would be completely eliminated, as would natural
vegetation. The site plan is overcrowded and inconsistent
with the rural atmosphere of the community.
Section 9. Pursuant to Section 17.32.060 of the
Rolling Hills Municipal Code, the City Council finds that:
A. For the reasons set forth above, the proposal
would be inconsistent with the objectives of the General
Plan, the Zoning Ordinance and Ordinance No. 221.
B. For the reasons set forth above, the proposed
tennis court and guest house would overdevelop the lot,
eliminate open and natural features of the lot and be
detrimental to the community's rural atmosphere.
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Section 10. For and on the basis of the foregoing
findings, the conditional use permit for Zoning Case No. 377 is
hereby denied.
PASSED, APPROVED and ADOPTED this 8th day
of May , 1989.
CA vctt*
00 Mayor
W ATTEST:
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City Clerk
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The foregoing Resolution No. 593 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DENY.:ING A CONDITIONAL USE PERMIT
IN ZONING CASE NO. 377
was adopted at a regular meeting of the City Council
on May 8, 1989 by the following roll call vote:
AYES: Councilmembers Heinsheimer, Pernell, Swanson
Mayor Leeuwenburgh
NOES: None
ABSENT: Councilwoman Murdock
§D