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595, Construct sport court, Resolutions & Approval Conditions
RESOLUTION NO. 99-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A SPORTS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 595. THE PLANNING' COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Donald Slaught with respect to real property located at 27 Middleridge Lane South (Lot 248-B-2-UR), Rolling Hills, requesting a Conditional Use Permit to construct a sports court at an existing single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Conditional Use Permit on May 18, 1999, June 15, 1999, July 20, 1999, and August 17, 1999, and at a field trip visit on May 26, 1999. The applicants were notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants were in attendance at the hearing. The following concerns were expressed by the Commission and nearby property owners: Zoning Code requirements for recreation courts and site specific issues pertaining to landscaping and views, landslide, canyon development, and noise. Section 3. On April 28, 1999, Planning staff prepared an Initial Study for the project. The Initial Study found that the project would not have a significant effect on the environment if certain measures were included in the project. A Negative Declaration was prepared with those mitigation measures and was circulated to the applicant and other interested parties in accordance with State of California CEQA Guidelines. The public notice of the Planning Commission's intent to recommend approval of the Negative Declaration was published on May 1, 1999. Copies of the Negative Declaration were sent to adjacent cities and other government agencies. No comments on the Negative Declaration were received. Section 4. The Planning Commission has reviewed the proposed Negative Declaration and finds that it represents the independent judgment of the City and that it was prepared in compliance with CEQA. Therefore, the Commission finds that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project, and are incorporated therein by reference. Based upon these findings, the Planning Commission hereby adopts the mitigated Negative Declaration in accordance with the California Environmental Quality Act. RESOLUTION NO. 99-13 PAGE 1 OF 7 • Section 5. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided a Conditional Use Permit for such use is approved by the Rolling Hills Planning Commission. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the construction of a sports court would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community, and the area proposed for the sports court would be located in an area on the property that is on a second pad below the residential building pad that has been legally graded and compacted and will not have a material impact on that property. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a 2,800 square foot sports court will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be modest in size, constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties as it will replace an existing asphalt parking area, will be screened and landscaped with mature trees and shrubs, is a sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the sports court will comply with the low profile residential development pattern of the community and is located on a 2.31 acre parcel of property that is adequate in size, shape and topography to accommodate such use. D. The proposed conditional use complies with all applicable development standards of the zone district because the graded area will not exceed maximum graded areas of 10,000 square feet and does not exceed maximum cubic yardage of 750 cubic yards as the applicants propose approved drainage and do not propose to grade the sports court area. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan related to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. RESOLUTION NO. 99-13 PAGE 2 OF 7 • • F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because a future stable structure and corral is proposed for the project. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the request for a Conditional Use Permit in Zoning Case No. 595 for a proposed 2,800 square foot sports court, as shown on the Development Plan dated May 6, 1999 and marked Exhibit A, subject to the following conditions: A. The Conditional Use Permit approval shall expire within one year from the effective date of approval as defined in Section 17.42.070(A) unless otherwise extended pursuant to the requirements of that section. B. It is declared and made a condition of the Conditional Use Permit approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise approved by Variance. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A dated May 6, 1999, except as otherwise provided in these conditions. E. An Erosion Control Plan containing the elements set forth in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be prepared to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. F. The property on which the project is 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 in conformance with recreation court limitations. G. Structural lot coverage shall not exceed 9,666 square feet or 11.3% and total lot coverage of structures and paved areas shall not exceed 15,306 square feet or 17.9% in conformance with lot coverage limitations. H. Residential building pad coverage on the 19,840 square foot residential building pad shall not exceed 6,416 square feet or 32.3%, coverage on the 8,880 square foot sports court pad shall not exceed 3,250 square feet or 36.6%, and total building pad coverage shall not exceed 33.7%. RESOLUTION NO. 99-13 PAGE 3 OF 7 • I. The disturbed area of the lot shall not exceed 15,306 square feet or 17.9%. J. The area prepared for the sports court shall not exceed 2,800 square feet. K. Balanced cut and fill shall not exceed 750 cubic yards in accordance with grading limitations. L. The prepared or graded area shall not exceed 10,000 square feet in accordance with grading limitations. M. Grading shall not be required for the project but, any soil preparation for the sports court shall preserve the existing topography, flora, and natural features to the greatest extent possible. N. A drainage system approved by the City Engineer shall be incorporated into the overall plan of the sports court and landscaping. O. Court lighting shall not be permitted. P. The sports court shall be screened with 8 foot high fencing on all four sides. Q. The sports court shall be screened on all four sides with drought - resistant mature trees and shrubs using Carolina Laurel Cherry, California pepper and Xylosma, as described on the proposed landscape plan. R. Landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but, to obscure the sports court. S. The landscape plan shall include water efficient irrigation, to the maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water efficient landscaping requirements) of the Rolling Hills Municipal Code. T. Two copies of a preliminary landscape plan must be submitted for review by the Planning Department and include native drought -resistant vegetation that will not disrupt the impact of the views of neighboring properties prior to the issuance of any building or grading permit. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. RESOLUTION NO. 99-13 PAGE 4 OF 7 • • A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a drainage, grading and building permit and shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. U. Noise from sports court use shall not create a nuisance to owners of surrounding properties. V. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. W . During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. X. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. Y. During and after construction, all soil preparation, drainage, and landscape sprinklers shall prevent water from permeating the sports court building pad, protect the building pad from erosion, and direct surface water to the canyon at the west. Z. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. AA. During construction, in the event that subsurface material of an archaeological, paleontological or other cultural resource is encountered during project grading or development, all grading and construction shall cease in the immediate area, and the find shall be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate the find and makes recommendations as to disposition, mitigation or salvage. The developer shall incur the cost of such professional investigation. The developer shall comply with the mitigation measures recommended and approved by the City for the disposition, mitigation or salvage of such material. RESOLUTION NO. 99-13 PAGE 5 OF 7 • • BB. During and after construction, all parking shall take place on the project site. CC. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. DD. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. EE. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. FF. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. GG. A detailed drainage plan that conforms to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. HH. The project must be reviewed and approved by the . Rolling Hills Community Association Architectural Review Committee prior to the issuance of any drainage, building or grading permit. II. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan described in Condition A. JJ. Any modifications to the project which would constitute grading or additional structural development shall require the filing of a new application for approval by the Planning Commission. KK. The applicant shall execute an Affidavit of Acceptance of all conditions of this Conditional Use Permit, pursuant to Section 17.42.060, or the approval shall not be effective. LL. All conditions of this Conditional Use Permit approval must be complied with prior to the issuance of a drainage, building or grading permit from the County of Los Angeles. RESOLUTION NO. 99-13 PAGE 6 OF 7 • • PASSED, APPROVED AND ADOPTED ON THE 21ST DQF S PTEMBER, 1999. t ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 99-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A SPORTS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 595. was approved and adopted at a regular meeting of the Planning Commission on September, 21, 1999 by the following roll call vote: AYES: Commissioners Hankins, Margeta and Witte. NOES: Commissioner Sommer and Chairman Roberts. ABSENT: None . ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. r f. MARILYN FERN DEPUTY CITY CLERK RESOLUTION NO. 99-13, PAGE 7 OF 7 RECORDING REQUESTED BY AND MAIL CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX 00 0.128996 The Registrar -Recorder's Office requires that the form be notarized before recordation. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 595 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 27 Middleridge Lane South (Lot 248-B-2-UR), Rolling Hills, CA. This property is the subject of the above numbered case. I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 595 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT. I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Ignature l>a) s//.941— ; rr�ie ,me typed or &y/5 7 (i /A S, Address P 1fM? /Ii/l.S 9®0 71/ City/State Signatures must be acknowledged by a aotaiv public. State of Callfomia ) County of Los Angeles ) On /a i//9 7% before me, personally appeared T Recorders Use Ordy L �gnatur Q� vC�� 3)11 tYThi ITdit.rid�k L N .5' dr s ►InG I.J5, C.. qoa-p-i City/State ,447.-/wk 7) xecuted the same in r e' : uthorized capacityand that by his/her/their signature(s) on the instrument the person(s), or the entity pon behalf of which the person(s) acted, executed the instrument. lr�,9l/— 1AMel .r.�rr'f i ..> /et[a.sice% i personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) issubscribed to the within instrument and acknowledged to me tha SEAN REILLY Commission # 1213528 Notory Public - Califon-4 Los Angeles County My Comm. Mec19,2003 �,..d_: "3.".•� , .,mow, . •tiv .w •u nri h+ Y) T '!J 4fd' 1 Witness by hard-?nd official Signatt/fe'of Notary q. - ,/ SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 00 01•996 2 X(/6f 'CA& RESOLUTION NO. 872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING Fill � GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT FOR THE �yy-9'n���� CONSTRUCTION OF A SPORTS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 595. .. 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 Mr. and Mrs. Donald Slaught with respect to real property located at 27 Middleridge Lane South (Lot 248-B-2-UR), Rolling Hills, requesting a Conditional Use Permit to construct a sports court at an existing single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for the Conditional Use Permit on May 18, 1999, June 15, 1999, July 20, 1999, and August 17,1999, and at a field trip visit on May 26, 1999. The applicants were notified of the public hearing in writing by first dass mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants were in attendance at the hearing. The following concerns were expressed by the Commission and nearby property owners: Zoning Code requirements for recreation courts and site specific issues pertaining to landscaping and views, landslide, canyon development, and noise. Section 3. On September 21, 1999, the Planning Commission approved the application by Resolution No. 99-13 in Zoning Case No. 595. . Section 4. On September 21, 1999, an appeal to the City Council was filed by adjacent property owners, Mr. and Mrs. Kenneth Johnson, 29 Middleridge Road South (Lot 248-A-1-UR), Rolling Hills. . Section 5.. The City Council conducted a' diily noticed public hearing to consider the appeal on October 11,1999, October 25,1999, and November 8,'1999, and at a field trip visit on October 27, .1999.'. The applicants andappellants were notified of the public hearing in writing :tiy-,first class' mail and through the City's newsletter: ;. Evidence' was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from ;members'of` the• City staff and the .City Council having: reviewed, analyzed and studied said proposal.' E'The. applicants and appellants were; in. attendance at the hearings. The following concerns were expressed by the Coundl and nearby property owners: Zoning Code requirements • for recreation courts and site specific issues pertaining to landscaping of the sports court, viewscapes of neighboring homeowners, slope stability, canyon development, noise, and the feasibility of a proposed stable and corral. The appeal was denied by the City Council on November 8,1999. Section 6. A mitigated Negative Declaration for the original project was prepared in accordance with the California Environmental Quality Act and adopted by the Planning Commission on September 21, 1999. The City Council concurs with the Planning Commission's finding that the project as modified subsequently and. as presented by this application is within the scope of the previously adopted Negative Declaration. The City Council further finds that the project as modified will not have any new or substantially greater environmental impacts than considered in the original Negative Declaration. Section 7. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided a' Conditional Use Permit for such use is approved by the Rolling Hills City Council. With respect to this request for a Conditional Use Permit, the City Council finds as follows: A. The granting of a Conditional Use Permit for the construction of a sports court would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community, and the area proposed for the sports court would be located in an area on the property that is on a second pad below the residential building pad. Based on permits and records regarding the grading for the second pad, the City Council finds that the area for the proposed sports court has been legally graded and compacted. B. The site of the proposed sports court is located 100 feet from the base of a canyon and on an area of the applicants' property that currently contains an asphalt parking Resolution No. 872 -1- • 00 Ilk 289 area. Based on the distance from the bottom of the canyon and the existence of the flat area on which the sports court will be located, the application is found to satisfy the 7 Ordinance requirement of not being located on the side or bottom of a canyon. 9 , 2 r;'. C. The nature, condition, and development of adjacent uses, buildings, - structures have been considered, and the construction of a 2,850 square foot sports court will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be modest in size, constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties as it will replace an existing asphalt parking area, will be screened and landscaped with mature trees and shrubs, is a sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors, will improve slope stability through the use of approved drainage, will accommodate recreation for the owners and their children, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the sports court will comply with the low profile residential development pattern of the community and is located on a 2.31 acre parcel of property that is adequate in size, shape and topography to accommodate such use. E. The proposed conditional use complies with all applicable development standards of the zone district because the graded area will not exceed a maximum graded area of 10,000 square feet and does not exceed maximum cubic yardage of 750 cubic yards as the applicants propose approved drainage and do not propose to grade the sports court area. F. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan related to siting and siting criteria for hazardous waste facilities because the project site is not listed on the : current, State of California Hazardous Waste and Substances Sites List. G. • ,The proposed conditional use observes the spirit and intent of ;Title 17 of the ,;Zoning Code because.'a future stable structure and corral, 'kstablishedas feasible on the project. site, is proposed for the project,, 5ectiot► 8::::: Based upon, the• foregoing, findings, the City Council` hereby approves request for Conditional Use Perthit.in Zoning,Case r.No..595for avoposed 2;850 square ,foot,. sports • court, ,as shown on the' Development. Plan dated May-6,',1999. 'and marked Exhibit A,, subject to the following conditions: . . A. The Conditional.. Use Perrnit.approval shall expire within one year from the effective date of approval as ,defined in Section 17.42.070(A) unless otherwise extended pursuant to the requirements of that section. B. It is declared and made a condition of the Conditional Use Permit approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; providedthat the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise approved by Variance. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A dated May 6, 1999, except as otherwise provided in these conditions. E. An Erosion Control Plan containing the elements set forth in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be prepared to minimize • erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. F. The property on which the project is 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 in conformance with recreation court limitations. Resolution No. 872 -2- OSO2899 `• r G. Structural lot coverage shall not exceed 9,716 square feet or 11.4% and total lot coverage of structures and paved areas shall not exceed 15,306 square feet or 18.0% in conformance with lot coverage limitations. H. Residential building pad coverage on the 19,840 square foot residential buildin ..r.-A pad shall not exceed 6,416 square feet or 32.3%, coverage on the 8,880 square foot sports court.. pad shall not exceed 3,300 square feet or 37.2%, and total building pad coverage shall not exceed 33.8%. I. The disturbed area of the lot shall not exceed 15,356 square feet or 18.0%. J. The surface of the sports court shall not exceed 2,850 square feet in area. The location of the sports court shall be depicted on the Development Plan dated May 6, 1999 and marked Exhibit A, except that (i) the east side of the sports court shall be moved one and a half (1-1/2) feet easterly and the west side of the sports court shall be moved one and a half (1- 1 /2) feet westerly so that the width of the court is increased from 35 feet to 38 feet, and (ii) the north side of the sports court shall be moved five (5) feet southerly so that the length of the court is reduced from 80 feet to 75 feet. K. Balanced cut and fill shall not exceed 750 cubic yards in accordance with grading limitations. L. The prepared or graded area shall not exceed 10,000 square feet in accordance with grading limitations. M. Grading shall not be required for the project but, any soil preparation for the sports court shall preserve the existing topography, flora, and natural features to the greatest extent possible. N. The drainage plan system shall be modified and approved by the Planning Department and City Engineer, to indude any water from any site irrigation systems as well as sports court runoff, and that all drainage from the site shall be conveyed in an approved manner to the bottom of the canyon at the rear or west of the lot. O. Sports court lighting shall not be permitted. The 'sports .court shall be screened with 8 foot high fencing on all four sides. Q.: ". • The ilandscape,plan shall include water efficient irrigation,: to the Maximum extent, feasible; :that :incorporates a,low*.gallonage irrigation system;. utilizes automatic : controllers; incorporates' an:•,irrigation design .using "hydrozones," considers slope:'factors and climate conditions: in design; and 'utilizesmeans to reduce water waste resulting from runoff and. civerspray in:accordance' .with Section 17.27.020 (Water efficient landscaping requirements) of the Rolling Hills Municipal Code. R. . Two copies of a preliminary landscape plan must be submitted for review by the Planning Department and include native drought -resistant vegetation that will not disrupt the impact of the views of neighboring properties prior to the issuance of any building or grading permit. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a drainage, grading and building permit and shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. S. Prior to construction of the sports court, irrigation and all approved landscaping at the south end of the sports court shall be planted. T. Landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but, to obscure the sports court. U. The sports court shall be screened on all four sides with drought -resistant mature trees and shrubs using Carolina Laurel Cherry and California pepper and Xylosma, as described on the preliminary landscape plan. Resolution No. 872 -3- • 0000128996 V. The height of the mature Carolina Laurel Cherry trees shall be a minimum of 10 feet in height when planted, as measured from the ground and California pepper trees shall be a minimum of 12 feet in height when planted, as measured from the ground, and the Xylosma shrubs shall be a minimum of 5 feet in height when planted, as measured from the ground. The Carolina Laurel Cherry may, subject to the approval of the City Manager, be repla with a tree that provides equivalent screening as long as it is a minimum of 12 feet in hei when planted as measured from the ground. In no event shall trees planted in accordance with the conditions set forth in this Resolution be permitted to grow beyond 20 feet in height. Maintenance of the trees at 20 feet shall be the responsibility of the property owner. W. Landscaping shall be designed and extended from the sports court perimeter using mature trees and shrubs to obscure the sports court and retaining wall when viewed from across the canyon at the west. X. Landscaping shall be designed and extended north of the sports court to incorporate the modification of any existing/remaining asphalt areas. Y. Landscaping at the south end of the sports court shall also obscure the basketball hoop when extended to a maximum height of 12 feet 8 inches. Z. A maximum of one extendable and retractable basketball hoop shall be permitted, at the south end of the sports court; the basketball standard shall be limited to a maximum height of 8 feet when retracted; and the basketball backboard shall be constructed of a transparent material with the exception of any standard basketball backboard markings. AA. Noise from sports court use shall not create a nuisance to owners of surrounding properties. AB. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. AC. During construction, conformance with local ordinances and engineering practices so that people .or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. AD. During construction; conformance with the air quality management district ,requirements, stormwater pollution practices, . county and local 'ordinances and engineering practices sti that people or property are not exposed to undue vehicle trips; noise; dust,objectionable odors; landslides, mudflows; erosion, or land subsidence shall be required.;'• AE: During and. after, construction,' all :soil preparation, drainage: and landscape ,sprinklers shall prevent water from permeating the sports court building pad, protect the building pad from erosion, and direct surface water to the bottom of the canyon at the west.., • AF. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be followed to • minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. AG. During construction, in the event that subsurface material of an archaeological, paleontological or other cultural resource is encountered during project grading or development, all grading and construction shall cease in the immediate area, and the find shall be left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate the find and makes recommendations as to disposition, mitigation or salvage. The developer shall incur the cost of such professional investigation. The developer shall comply with the mitigation measures recommended and approved by the City for the disposition, mitigation or salvage of such material. AH. During and after construction, all parking shall take place on the project site. AI. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. AJ. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. AK. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. Resolution No. 872 _4_ 00 0199 AL. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. AM. A detailed drainage plan that conforms to the' development plan as approv1 the Planning Commission must be submitted to the Rolling Hills Planning Department for their review. AN. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any drainage, building or grading permit. AO. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan described in Condition A. AP. Any modifications to the project which would constitute grading or additional structural development shall require the filing of a new application for approval by the Planning Commission. AQ. The applicant shall execute an Affidavit of Acceptance of all conditions of this Conditional Use Permit, pursuant to Section 17.42.060, or the approval shall not be effective. AR. All conditions of this Conditional Use Permit approval must be complied with prior to the issuance of a drainage, building or grading permit from the County of Los Angeles. Resolution No. 872 -5 - 00 012406 PASSED, APPROVED AND ADOPTED ON THE 22ND DAY OF NOVEMBER, 1999. ATTEST: • MARILYN xtRN, DEP CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ MAYOR PRO TEM I certify that the foregoing Resolution No. 872 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A SPORTS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 595. was approved and adopted at a regular meeting of the City Council on November 22, 1999 by the following roll call vote: AYES: , Councilmembers Hill, Lay, Murdock and,:Mayor Pro Tem Pernell. NOES: None. ABSENT: Mayor Heinsheimer.. ABSTAIN: None. ;and incompliapce with the laws of California was posted at the following: Administrative Offices. "'340.441-n S.1e_o MARILYN KERN, DEPUTY CITY CLERK Resolution No. 872 -6 ..* FEE 11111 III fllU IVI 1 111111 IU 111 Hil fflhl 1111 LEAD SHEET 1fEE$ �.S BBI CODE 20 CODE 19 CODE 9 7 ©.A. FEE Code 20 $ 2.00 00 0128996 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNI1:01 PM JAN 27 2000 SPACE ABOVE THIS LINE FOR RECORDERS USE r -E• TITLE(S) FEB 2. 5 2000 CITY OF ROLLING.HLLS D.T.T. 1 Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink Number of Parcels Shown THIS FORM IS NOT TO BE DUPLICATED