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336, Construct a recreation buildin, Resolutions & Approval Conditions411 BEFORE THL PLANNING COMMISSION OF THE CITY OF ROLLING HILLS COUNTY OF LOS ANGELES, STATE OF CALIFORNIA In the Matter of the Application of Mr. & Mrs. Craig Caldwell Lot 57A-1-MS ZONING CASE NO. 336 FINDINGS AND REPORT The application of Mr. & Mrs. Craig Caldwell, Lot 57A-1-MS, Rolling Hills Tract, for a Variance under Section 17.32.010 and a Conditional Use Permit under Section 17.16.012 (G) of the City of Rolling Hills Municipal Code, came for hearing on the 18th day of November 1986 and the 16th day of December 1986 in the Council Chambers of the Administration Road, Rolling Hills, California. The being appropriately advised, now makes Building, 2 Portuguese Bend Planning Commission, after 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. Craig Caldwell, are the owners of that certain real property described as Lot 57A-1-MS, located at 1 Georgeff 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 also written and verbal comment in opposition to the request. II. The Commission finds that the applicants have requested a Variance from Section 17.16.050 , height limitation requirements. The applicants have requested a Variance from height limitations as regards buildings which exceed more than one story in height. The applicants have requested a mixed -use building which would include a stable/tack/loft and recreational (racquetball, gym and sauna) facilities. The Commission finds, further, that a Variance would be necessary in order to permit the incorporation of a recreational facility use into a stable/tack/loft building. The Commission finds that there are extraordinary topograph- ical and physical conditions which exist on the property which do not apply to other properties in the vicinity and zone, which im- pinge 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, not 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 (G), for a detached recreation facility. The Commission finds, further, that the recreational facilities are proposed to be incorporated into a stable/tack/loft building. The Commission finds, further, that applicants request would result in a non -conventional mixtures of uses in a single building structure. The Commission informed the applicants that the Conditional Use Permit would be subject to certain conditions of approval. IV. From the foregoing, it is concluded that a Variance should be granted to Mr. & Mrs. Craig Caldwell, Lot 57A-1-MS, 1 Georgeff Road under Section 17.32.010 of the City of Rolling Hills Municipal Code for a Variance from Section 17.16.050 height limitation requirements and a Conditional Use Permit should be granted pursuant to Section 17.16.012 (G) for a recreational facility, subject to the following conditions: 1) Height limitation exception is subject to approval of building architecture by the Rolling Hills Community Association Architectural Committee; 2) The use of the building is restricted to the sheltering and caring of horses and/or other livestock. Further, the loft area shall not have glazed openings and shall be utilized exclusively and only for the storage of feed, tack and stable equipment. Any use of the building to the contrary shall be grounds for rescission of the Variance; 3) The parking and/or storage of any type of motor vehicle is expressly prohibited. To do so shall result in the automatic rescission of the Variance; 4) The building shall not be utilized as a guest house, servants quarters, or sleeping quarters of either a temporary or permanent nature. To do so shall result in the automatic rescission of the Variance; 5) The property shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit "A"; 6) 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; 7) 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; 8) 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; 9) Prior to issuance of building permits, a grading plan satisfactory to the City Engineer shall be submitted; 10) This Conditional Use Permit and Variance shall expire unless used within one year from the date of grant; 11) This Conditional Use Permit shall not be effective for any purpose until the owner of the property involved, or hi ply authorized representative, has filed with the 410 4 CityClerk of the Cityof Rollin Hills an affidavit g stating that he is aware of and agrees to comply with all the conditions of the Permit; 12) A landscaping plan be approved by the Planning Commission; and, a bond in the amount of estimate for the cost of landscaping, plus 15%, be posted, after landscape installation, for not less than two years; and it is, therefore, so ordered. /S/ Allan Roberts Chairman, Planning Commission /S/ Terrence L. Belancter Secretary, Planning Commission