364, Construct tennis court & recre, Resolutions & Approval ConditionsBEFORE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
In the Matter of the Application )
)
of )
ZONING CASE NO. 364
Dr. & Mrs. Hooshang Pak )
Lot 55-A-MS )
FINDINGS AND REPORT
The application of Dr. & Mrs. Hooshang Pak, Lot 55-A-MS,
Rolling Hills Tract, for a Conditional Use Permit under Section
17.32.012 of the City of Rolling Hills Municipal Code, came for
hearing on the 19th day of July, 1988, the 16th day of August, 1988,
the 30th day of August, 1988, and the 20th day of September, 1988, in
the Council Chambers of the Administration Building, #2 Portuguese
Bend Road, Rolling Hills, California. The Planning Commission, after
being appropriately advised by staff and hearing public testimony;
now makes its Findings and Report as required by the Municipal Code
of the City of Rolling Hills, California.
I.
The Commission finds that the applicants, Dr. & Mrs. Hooshang
Pak,are the owners of that certain real property described as
Lot 55-A-MS, located at #9 Crest Road West in the City of
Rolling Hills, and that notice of the public hearing in connection
with said application was given as required by Section 17.32.080 of
the Municipal Code of the City of Rolling Hills, California. The
Commission finds there was verbal comment in support of the request.
The Commission finds, further, that no comment, written or verbal,
was received in opposition to the request.
II.
The Commission finds that the applicants have requested a
Conditional Use Permit, pursuant to Section 17.16.012 (G), (recrea-
tion room), and Section 17.16.012(E) (tennis court). The
Commission finds that the construction of a recreation room
and a tennis court are conditionally permitted and compatible and
consistent with the purpose and objectives of the General Plan,
codes, statutes, and ordinances. However, the Commission
finds the final square footage of the proposed building and
architecture style are subject to final approval by the Rolling
Hills Community Association Architectural Committee. The
Commission finds that the construction of a recreation room
and a tennis court, per site plan (Exhibit "B"), are, prima facie,
compatible
conditions
Commission
evaluation
conditions
recreation
Use Permit
with topographical, geological and environmental
inherent on the subject lot. Further, however, the
finds that upon more extensive investigation and
that if the topographical, geological and environmental
are found to not be compatible with the construction of a
room or a tennis court, that the respective Conditional
be rescinded. The Commission finds that the granting of
such conditional use permit would not be materially detrimental to
the public health, safety and welfare, nor injurious to property in
the same vicinity and zone.
From the foregoing, it is concluded that Conditional Use
Permits should be granted to Dr. & Mrs. Hooshang Pak, Lot 55-A-MS,
9 Crest Road West, under Section 17.32.040 of the City
Rolling Hills Municipal Code for an 1) a recreation room per
Section 17.16.012 (G) and 2) a tennis court per Section
17.16.012 (E) subject to the following conditions:
RECREATION ROOM:
1. This Conditional Use Permit shall not be effective for
any purpose until the owner of the property involved, or his
duly authorized representative, has filed with the City Clerk of
the City of Rolling Hills an affidavit stating that he is aware
of and agrees to comply with all the conditions of the Permit.
2. It is declared to be the intent of the Planning Commission
that if any provision of the Permit is held or declared to be
invalid, the Permit shall be void and the privileges granted
thereunder shall lapse.
3. It is declared and made a condition of the Permit that if
any conditions thereof are violated, or if any law, statute or
ordinance is 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.
4. 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.
5. The property shall be developed and maintained in
substantial conformance with the site plan on file marked
Exhibit "B", except as otherwise provided in these conditions.
6. Use of the recreation room is limited to purpose indicated
which is to be for recreation uses; not for habitation of a
temporary or permanent nature.
7. Landscaping, irrigation plans and bonding are
required of the applicant, and must be approved by the Planning
Commission and be bonded at estimated cost of landscaping, plus 15%.
8. Prior to issuance of building permits and grading permits,
complete geological soils and hydrological testing must be
accomplished to determine the compatibility of construction with the
topography, geology and environmental issues related to the site.
9. Renting of recreation room and utilizing it as a guest
house, servant's quarters, a cabana or any temporary or permanent
habitat is prohibited.
10. This Conditional Use Permit shall expire unless used
within one year from the date of grant, pursuant to Section
17.32.110.
11. This Conditional Use Permit shall not be valid or
effective unless the applicant has received final architectural
approval from the Rolling Hills Community Association Architectural
Committee.
12. An engineered drain system must be incorporated into the
design of the recreation room and, be approved by the City engineer.
13. The grading required to construct the recreation room
cannot exceed that which is indicated on the plan approved as
Exhibit B.
14) The driveway relocation shown in Exhibit "B" is not
approved. The existing driveway access should be retained.
15) This project is categorically exempt under the California
Environmental Quality Act.
TENNIS COURT:
1) The Conditional Use Permit for the tennis court is issued
and shall be conditioned upon continued adherence to the provisions
of Rolling Hills Ordinance No. 215; as set forth in Exhibit A;
2) The property shall be developed and maintained in
substantial conformance with the site plan on file marked Exhibit
3) It is declared to be the intent of the Planning
Commission that is 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;
4) It is declared and made a condition of the Conditional
Use Permit that if any conditions thereof are violated, or if any
laws, statute or ordinance is 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 so for a period of (30) days;
5) 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;
6) Prior to issuance of building permits, a grading plan,
drainage plan and appropriate hydrology, soils and geology reports
satisfactory to the City Engineer shall be submitted and approved;
7) This Conditional Use Permit shall expire unless
construction is commenced within one year from the date of grant;
8) This Conditional Use Permit shall not be effective for
any purpose until the owner of the property involved, or his duly
authorized representative, has filed with the City Clerk of the City
of Rolling Hills an affidavit stating that he is aware of and agrees
to comply with all the conditions of the Permit;
9) A landscaping plan which incorporates existing mature
trees and new specimen trees be approved by the Planning Commission;
and, a bond in the amount of estimate for the cost of landscaping,
plus 15%, be posted and retained for not less than two years after
landscape installation; and it is therefore, so ordered:
10) The memorandum of policy dated March, 1980, as set forth
in Exhibit "C", is included in the conditions of approval for the
tennis court Conditional Use Permit.
11) An engineered drain system must be incorporated into the
design of the tennis court and be approved by the City engineer.
12) The grading required to construct the tennis court cannot
exceed that which is indicated on the plan approved as Exhibit B.
13) This project is categorically exempt under the California
Environmental Quality Act.
It is, therefore, so ordered that Zoning Case No. 364 is approved.
Motion made by Commissioner , seconded by
Commissioner
AYES:
NOES:
ABSENT:
/S/ Allan Roberts
Chairman, Planning Commission
/S/ Terrence L. Belanaer
Secretary, Planning Commission