330, Construct a tennis court, with, Resolutions & Approval Conditions40
For Recorder's Use
87-19910136
l
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY, . .
CALIFORNIA
21 MIN. 10 A.M. DEC 17 1987
PAST.
Please record this form with the -Registrar -Recorder's Office
return to:
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
and
(The Registrar -Recorder's Office requires that the form be notarized
before recordation.)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
ss
Acceptance Form
CONDITIONAL USE PERMIT CASE N0: 330
VARIANCE CASE NO.
T (We)the undersigned state:
I am (We are) . the .owner(s). of the real property described
as follows:
..I
Lot 90-RH located at 24 Portuguese Beand Rd., Rolling Hills
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. 330
Variance Case No.
I (We) certify (or declare) under the penalty. of perjury that the
foregoing is true' and correct:' •
(Where the owner 'and applicant. are not the same, both must sign.)
Applicant Name
Addr es s
City, State
Signat
Owner Name
Address
City, State
Signature
This signature must
be acknowledged by a
notary public. Attach
appropriate acknowledgement.
Type or print
Norman R • La raraa/Carol P
17 Club View Lane
Rol.lina H1 1 1 q Fct- , rA 90274
Norman R. La
Same
ra7,e
aze & Carole La Caze
GENERAL ACKNOWLEDGMENT
State of California
County of Los Angeles
.,...tip
SS.
OFFICIAL SEAL
GRETCHEN W. GOLDSWORTHY
Notary Public -California
LOS ANGELES COUNTY
Uy Comm. Exp. July 19. 1991 .
On this the l9th day of November
Gretchen W. Goldsworthy
the undersigned Notary Public, personally appeared
2 CAL-23
19 8 7 before me,
Norman R. La Caze and Carole La Caze
El personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are
within instrument, and acknowledged that
WITNESS my hand and official seal.
otary's Signature
they
subscribed to the
Pxecuted it.
r •
BEFORE 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. 330
Mr. & Mrs. Norman La Caze )
Lot 90-RH )
FINDINGS AND REPORT
The application of Mr. & Mrs. Norman La Caze, Lot 90-RH,
Rolling Hills Tract, for a Variance under Section 17.32.010 and a
Conditional Use Permit under Section 17.16.012 (F) of the City of
Rolling Hills Municipal Code, came for hearing on the 15th day of
July 1986 and the 21st day of July 1987 in the Council Chambers of
the Administration Building, 2 Portuguese Bend Road, Rolling Hills,
California. The Planning Commission, after being appropriately
advised, 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, Mr. & Mrs. Norman La
Caze, are the owners of that certain real property described as Lot
90-RH, located at 25 Portuguese Bend Road in the City of Rolling
Hilts, 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, further, that written and verbal comment was
received in support of the request. There was written comment in
opposition to the request, but it was withdrawn.
II.
The Commission finds that the applicants have requested a
Variance from Section 17.16.070, minimum sideyard setback
requirements. The applicants have requested a variance from the
sideyard setback requirement of the RAS-2 zone (35 ft.). The
applicants have requested an encroachment of 25 feet into the
sideyard. The applicants have requested a tennis court be permitted
to be built on the property. The Commission finds that
•
a variance would be necessary in order to accommodate the
incorporation of a tennis court use into the established
developmental pattern that has evolved on the site. The Commission
finds that there are extraordinary topographical, developmental, and
physical conditions which exist on the property which do not apply to
other properties in the vicinity and zone, which impinge upon the
applicant's ability to fully utilize his property, without damaging
the environment. The Commission finds that a Variance should be
granted in order to preserve substantial property rights in the same
vicinity and zone, and that the granting of such Variance would not
be materially detrimental to the public welfare, nor injurious to
property in the same vicinity and zone.
III.
The Commission finds that the applicants have requested a
Conditional Use Permit, pursuant to Section 17.16.012 (F), for a
tennis court. The Commission finds that the tennis court plan
complies with the provisions of the recently adopted Ordinance No.
215. The Commission finds that the applicants' assurances to
incorporate specimen landscaping and existing mature landscaping into
the landscape plan shall be noted in the conditions of approval. The
Commission informed the applicants that the Conditional Use Permit
would be further subject to certain other conditions of approval.
IV.
From the foregoing, it is concluded that a Variance should be
granted to Mr. & Mrs. Norman La Caze, Lot 90-RH, 25 Portuguese Bend
Road under Section 17.32.010 of the City of Rolling hills Municipal
Code for a Variance from Section 17.16.070 minimum sideyard setback
requirements and a Conditional Use Permit should be grantedpursuant
to Section 17.16.012 (F) for a tennis court, subject to the following
conditions:
1) The tennis court is permitted to encroach into the
sideyard setback 25 feet, which results in a remaining sideyard
setback of 10 feet;
2) 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;
3) The property shall be developed and maintained in
substantial conformance with the site plan on file marked Exhibit
"Bn.
4) It is declared to be the intent of the Planning Commission
that if any provision of the Variance and Conditional Use Permit is
held or declared to be invalid, the permit shall be void and the
privileges granted thereunder shall lapse;
5) It is declared and made a condition of the Variance and
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 do so for a period of (30) days;
6) 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;
7) 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;
8) This Conditional Use Permit and Variance shall expire
unless construction is commenced within one year from the date of
grant;
9) 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;
10) 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;
• •
11) 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.
/S/ Allan Roberts
Chairman, Planning Commission
/S/ Terrence L. Belanger
Secretary, Planning Commission
EXHIBIT C
or •
CONDITIONS OF APPROVAL - TENNIS COURTS
While a complete list of conditions cannot be recommended until a
public hearing has been held and all testimony taken, the following
list of conditions pertaining to tennis courts is provided:
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 un-
less 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 "A"
except as otherwise provided herein.
6. Tennis court fences shall be a maximum of eight (8) feet in
height above the surface level of the court.
7. All new slopes shall be landscaped with ground cover and trees
to screen the court area.
8. A landscape plan and irrigation system shall be submitted to
the Planning Commission for review and approval.
9. All proposed walls shall be a uniform earthen color. The color
and material shall be approved by the Planning Commission.
10. A bond shall be deposited with the City, to be held until
eighteen months after completion, to guarantee the satisfactory
growthand maintenance of the required landscaping.
11.) All landscaping shall be planted and the irrigation system shall
be installed concurrent with completion of the tennis court.
12. Tennis court fence shall be black or dark green vinyl coated
chain link.
13. Additional offstreet parking may be required.
14. Prior to issuance of building permits a grading plan satisfactory
to the City Engineer shall be submitted.
This Conditional Use Permit shall expire unless used within one year
from $he date of grant.
15. The Planning Commission may, at its discretion, attach such
other conditions as it deems appropriate to the property.
(Added May 27, 1980)
s
March 18, 1980
EXHIBIT A
ORDINANCE NO. 215
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING THE ZONING ORDINANCE PERTAINING TO
TENNIS COURTS AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN
AS FOLLOWS:
Section 1. Section 17.16.012(E) of Title 17, Chapter
17.16 of the Rolling Hills Municipal Code is amended to read:
"E. Tennis courts, paddle tennis courts, racquetball/squash
and/or handball courts and any other fenced, enclosed and/or
paved or hard -surfaced area used for recreational purposes
(hereinafter "courts"), providing the court complies with
the following minimum conditions:
1. The lot or parcel on which the court is to
be located shall contain an area of sufficient size
to also provide an area meeting all standards for a
stable and corral with vehicular access thereto;
2. The court shall not be located in the front
yard;
3. The court shall not be located within fifty
feet of any road or street easement line;
4. A11 retaining walls incorporated into the
court shall not be greater than four feet in height
at any point. Exposed exterior retaining walls shall
not be permitted;
5. The construction of the proposed court shall
conform to the lot coverage limitations as set forth
in Section 17.16.040;
6. The court shall not be located on slopes,
which before grading, are steeper than two horizontal
to one vertical nor located on the sides or bottoms
of canyons or natural drainage courses;
• •
7. All grading required for the construction
of the court shall be balanced, as regards cutting and
filling and shall not exceed seven hundred fifty (750)
cubic yards;
8. The area graded for the court shall not exceed
10,000 square feet in size;
9. Any grading shall preserve the existing topogra-
phy, flora and natural features to the greatest extent
possible;
10. A drainage system shall be incorporated into
the overall plan of the court and landscaping, which
drainage system shall be approved by the City Engineer;
11. The application for a tennis court conditional
use permit shall be accompanied by a landscape plan,
providing for adequate screening of the court including
planting of landscaping on all sides of the court.
Conditions shall be attached to any permit granted to
assure compliance with the plan and perpetual maintenance
of the landscaping;
12. The court and/or the present and future land-
scaping required by paragraph 11 of this subsection
shall not interfere with the viewscape of the owners
of surrounding property, nor shall it interfere with
the views of users of community easements;
13. Court lighting shall not be permitted; and,
14. If necessary due to the location of the court,
conditions shall be imposed to ensure that noise from
normal court use does not constitute a nuisance to owners
of surrounding properties."
Section 2. The provisions and requirements of this
ordinance shall apply fully to any application for a court permit
which was suspended or interrupted by the moratorium established
by Ordinances Nos. 50-U and 51-U
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I hereby certify that the foregoing Ordinance No. 215
entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
THE ZONING ORDINANCE PERTAINING TO TENNIS COURTS
AND AMENDING THE ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on
June 22, 1987 by the following vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Mayor Swanson
NOES: None •
ABSENT: Councilman Pernell
and in compliance with laws of the State of California, on the
7th day of July, 1987, was posted at the following:
Crenshaw Gate (West Crest Road)
Eastfield Gate
Main Gate
City Clerk
Section 3. Ordinance No. 51-U is hereby repealed.
PASSED, APPROVED and ADOPTED this 22nd day of
June , 1987.
ATTEST:
City Clerk