355, Construction of a tennis court, Resolutions & Approval Conditions.iR
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RESOLUTION NO. 572
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS DENYING A CONDITIONAL USE
PERMIT IN ZONING CASE NO. 355
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 Yu -Ping
Liu with respect to real property located at No. 39 Crest Road
West, Rolling Hills (Lot 240B-2-MS) requesting a conditional use
permit for a tennis court on said property.
Section 2. The Planning Commission conducted a duly
noticed, public hearing to consider the application on January 19
and February 16, 1988. After considering the evidence, both
written and oral, the Commission approved the application.
Section 3. Timely appeals of the Planning Commission
decision were filed pursuant to Municipal Code Section
17.32.140(B) by Roger and Christa Hawkins, 37 Crest Road West,
and Joseph and Alice 011a, 41 Crest Road West, both owners of
adjoining properties who had raised objections before the
Planning Commission.
Section 4. On April 11, 1988, 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 engineer, Douglas McHattie. The
hearing was adjourned to a field trip on April 13, 1988 to enable
the Council and all interested persons the opportunity to view
the site.
Section 5. The City Council on April 13, 1988,
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 Liu property is a legal non -conforming lot,
containing less than the required area under the City's
zoning ordinance. The lot is approximately 1.7 acres in
size; the zoned district in which it is located requires two
acres.
B. The location of the proposed court was identified
by flags. The court will be at its closest point, 17 feet
from the residence on the property due to the central
location of the house on the lot. Because of its
subterranean construction, there will be a severe depression
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of approximately 11 feet immediately adjacent to the
residence.
C. The court would be located within 75 feet of the
residence at 41 Crest Road West, and within 90 feet of the
residence at 37 Crest Road West.
Section 6. The Council resumed the continued public
hearing on April 25, 1988, at which time additional evidence was
presented to and considered by the Council.
Section 7. Section 17.16.012(F) of the Municipal Code
provides the discretion to grant a conditional use permit for
tennis courts if appropriate under Section 17.32.060, subject to
certain minimum conditions. Section 17.32.060 requires that as a
prerequisite of issuance of a conditional use permit, the Council
find that issuance of the permit would be consistent with the
purposes and objectives of the zoning ordinance and not
detrimental to the public health, safety and welfare. Section
17.32.050 states that the purpose of the conditional use permit
is to assure compatibility of a use with the uses in the
surrounding area.
Section 8. The City Council finds that:
A. The lot is too small to allow for construction of
a tennis court while at the same time preserving and
maintaining the community objective of a rural atmosphere.
Construction of the court would result in such density of
improvements on the lot as to conflict with the general plan
and zoning ordinance objectives of maintaining the rural,
natural features of the community.
B. The small, nonconforming size of the lot requires
the court to be located very close to the residence, and
requires excavation of a severe depression within only 11
feet of the house, creating a potentially hazardous
condition in close proximity to the home.
C. The proposed court would be located in close
proximity to neighboring residences, creating potential
noise disturbances interfering with the use and enjoyment of
those neighboring homes, particularly because the
subterranean construction of the court will allow the noise
to travel upward to those residences. Although possible
noise mitigating conditions were discussed, none were found
to be practicable or easily enforceable. There is no
question but that noise from use of the court will be
readily and easily audible at the neighboring residences.
D. Construction of the proposed tennis court would be
incompatible with residential uses in the surrounding area
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880509 sas A122.MJ (3)
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and would result in overdevelopment of the lot inconsistent
with the rural character 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 in Section 8 above, the
proposed tennis court would be incompatible with the
surrounding area, homes and uses and would be inappropriate
at that location.
B. For the reasons set forth in Section 8 above, the
proposed tennis court would be detrimental to the health,
safety and welfare and would be inconsistent with the
purposes of proper land use planning set forth in the Zoning
Ordinance.
C. The proposed tennis court will have significant
environmental impacts in the area of noise which cannot be
adequately mitigated. There is no public benefit from the
proposed project that would outweigh this environmental
impact.
Section 10. For and on the basis of the foregoing
findings, the conditional use permit for Zoning Case No. 355 is
hereby denied.
PASSED, APPROVED and ADOPTED this 9th
May , 1988.
ATTEST:
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880509 sas A122.MJ (3)
day of
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. 355
Mr. & Mrs. Yu Ping Liu )
)
Lot 240B-2-MS )
FINDINGS AND REPORT
The application of Mr. & Mrs. Yu Ping Liu, Lot 240B-2-MS,
Rolling Hills Tract, for a Conditional Use Permit under Section
17.16.012 (F) of the City of Rolling Hills Municipal Code, came for
hearing on the 19th day of January 1988 and the 16th day of February
1988 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. Yu Ping
Liu, are the owners of that certain real property described as Lot
240B-2-MS, located at 39 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, further, that written and verbal comment was
received in support of the request. Further, there were written
comments in opposition to the request, from adjoining property
owners.
II.
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 applicants' assurances to
incorporate new 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.
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III
From the foregoing, it is concluded that a Conditional Use
Permit should be granted to Mr. & Mrs. Yu Ping Liu, Lot 240B-2-MS, 39
Crest Road West under Section 17.32.010 of the City of Rolling Hills
Municipal Code, and subject to the following conditions:
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
"Bn.
3) It is declared to be the intent of the Planning
Commission that if any provision of the Conditional User 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 do 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
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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.
A motion by, Commissioner Bundy, seconded by Commissioner Hankins,
for approval of Zoning Case No. 355, passed by the following roll
call vote:
AYES: Commissioners Bundy, Frost, Hankins
NOES: Commissioner Lay, Chairman Roberts
/s/ Allan Roberts
Chairman, Planning Commission
/s/ Terrence L. Belanaer
Secretary, Planning Commission