404, Construct a tennis court, Resolutions & Approval Conditions,110
CAT. NO. NN00627
TO 1944 CA (9-84)
(Individual)
STATE OF CALIFORNIA
COUNTY OF Lag An)(-7 j )
On n GTb 131 = (2 I . 1 c-) g 0 before
said State, personally appeared t"-Pk i c- -1 is cE
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person_ whose name i `� subscribed to the
within instrument and acknowledged that h e . exe-
cuted the same.
WITNESS my hand and official seal.
Signature v( / Q- -a1et,�7 9,/-74
V
J TICOR TITLE INSURANCE
90-'1690264
me, the undersigned, a Notary Public in and for
S C-7l2fa�
MOW
OFFICIAL SEAL.
DOUGLAS K MC HATTIE
Notary Public -California
Los AMR FS (outnv )
My Comm. Exp. Sep. 15,1992
(This area for official notarial seal)
•
For Recoder's use
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
Please
return
90-, ...1690 264
RECORDED IN OFFICIAL. RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
21 , MIN' 1 P.M.00T 3 1990
PASr
record this form with the -Registrar -Recorder's Office'and
to:
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the
before recordation.)
Acceptance Form
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CONDITIONAL USE PERMIT CASE NO.
VARIANCE. CASE NO.
SITE PLAN REVIEW CASE NO.
404
404
2
form be notarized
I (We) the undersigned state:
I am (We are) the owner(s). of the real property described as follows:,
2.1.4,organ Lane, Rolling Hills, CA. 90274 (LOT. 17.0.-8--MS
This property is the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions
404
Conditional Use Permit Case No.
Variance Case No.
Site Plan Review Case No.
404
in said
I (We) certify (or declare) under the penalty. of perjury that the
foregoing is true' and correct:.
(Where the owner .and applicant. are
Applicant Name
Address
City, State
Signature
Owner Name
Address
City, State
Signature
not the same, both must sign.)
Type or print
M \cat tA i L L_? J S 61t244v1
N\ R LE$1' -(J
FaANC,-E O ✓tZ , C4C c.
MSC l,Ew S
This signature must
be acknowledged by a
notary public. Attach
appropriate acknowledgement.
•
RESOLUTION NO. 89-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS DENYING A CONDITIONAL USE
PERMIT FOR A TENNIS COURT AND APPROVING A
CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR A
POOL HOUSE IN ZONING CASE NO. 404
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. Michael
Gray with respect to real property located at 2 Morgan Lane, Rolling
Hills (Lot 170-8-MS) requesting conditional use permits and site plan
review for a tennis court and pool house on said property.
Section
noticed, public
1989, September
The Commission
1989, to conduct
2. The Planning Commission conducted a duly
hearing to consider the application on August 16,
19, 1989, October 17, 1989, and November 21, 1989.
also conducted an adjourned meeting on November 11,
an on -site evaluation of the proposed development.
Section 3. Section 17.16.012 of the Municipal Code provides
the discretion to grant a conditional use permit for tennis courts
and/or pool houses, if appropriate, under Section 17.32.060, subject
to certain minimum conditions. Section 17.32.060 requires that as a
prerequisite of issuance of the permit, the request must 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 4.
The Planning Commission finds that:
A. The subject lot is triangular in shape, relatively
flat, and is situated so that a tennis court constructed on the
lot would be visible to vehicular, equestrian, and pedestrian
traffic ingressing and egressing the Morgan Lane area, and would
be visibly intrusive to properties in the surrounding area.
B. The staking of the property discloses that the proposed
tennis court, together with the existing structures, would cover
nearly all of the allowable building area of the lot. This fact,
in conjunction with the triangular shape of the lot, would result
in a densely developed parcel, leaving little room for open space
areas and natural vegetation. This type of development on the
lot would, therefore, conflict with the General Plan and Zoning
Ordinance objectives of maintaining the rural and natural
features of the community.
Section 5. Pursuant to Section 17.32.060 of the Rolling
Hills Municipal Code, the Planning Commission finds that:
• •
A. For the reasons set forth in Section 4 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 4 above, the
proposed tennis court would be detrimental to the public 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 visual aesthetics which
cannot be adequately mitigated. There is no public benefit from
the proposed project that would outweigh this environmental
impact.
Section 6. For and on the basis of the foregoing findings,
the request for a conditional use permit to construct a tennis court,
under Zoning Case No. 404, is hereby denied.
Section 7. Section 17.16.012(F) of the Municipal Code
requires a conditional use permit to construct a detached pool house
on the same lot as a primary residence provided that no kitchen or
cooking facilities are included.
Section 8. Pursuant to the Sections of the Municipal Code
referred to in Section 3 of this Resolution, the Planning Commission
finds, with respect to the request for a conditional use permit to
construct a pool house:
A. The proposed pool house complies with the requirements
of the zoning ordinance because no additional grading is
required, it meets the height and setback requirements, and the
square footage of the building (442 sq. ft.) is in conformance
with the Rolling Hills Community Association's maximum guest
house size (800 sq. ft.).
B. The proposed pool house is not detrimental to the
public health, safety and welfare, because the proposed pool
house is compatible with the site and with the surrounding uses,
it complies with the required setbacks, and its size (442 square
feet) will not cause the total lot coverage of all structures on
the site to exceed the twenty percent maximum structural lot
coverage.
C. The development plan for the pool house indicates the
ability to provide horse keeping capability on the site by
adherence to certain conditions attached hereto.
Section 9. Based on the foregoing findings, the Planning
Commission hereby approves the conditional use permit for a 442
square foot pool house, subject to the following conditions:
A. If any provision of this Conditional Use Permit is held
or declared to be invalid, the permit shall be void and the
privileges granted thereunder shall lapse.
B. 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.
C. 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.
D. The lot shall be developed and maintained in
substantial conformance with the site plan on file marked Exhibit
"A" except as otherwise provided in these conditions.
E. Landscaping, irrigation plans and bonding are required
of the applicant to the satisfaction of the City Manager.
F. Prior to issuance of a building permit, a grading plan,
if necessary, satisfactory to the City Engineer shall be
submitted.
G. This Conditional Use Permit shall expire unless used
within one year from the date the Permit is granted.
H. Applicant shall execute an Affidavit of Acceptance of
all conditions, pursuant to Section 17.32.087, or this Permit
shall not be effective.
I. Occupancy of the proposed pool house shall be limited
to persons who are temporary guests or who are in the immediate
family of the occupants of the main residence. No guest may
remain in continuing occupancy for more than thirty days in any
six-month period.
J. Renting, leasing or any commercial use of the pool
house is prohibited.
K. The pool house shall not have a kitchen or any cooking
facilities.
L. The access to the future stable must be clearly
delineated on the Development Plan attached hereto as Exhibit
"A". Any required approvals from the Rolling Hills Community
Association allowing access to the future stable through
Association easements must be obtained by the applicant prior to
submitting any drawings for the proposed pool house to the County
of Los Angeles for a building permit.
•
M. The project must be reviewed and approved by the
Rolling Hills Community Association Architectural Review
Committee prior to the issuance of any building permit for the
proposed pool house.
Section 10. Section 17.34.010 requires a development plan
to be submitted for site plan review and approval before any building
or structure may be constructed or any expansion, addition,
alteration or repair to existing buildings may be made which involve
changes to grading or an increase to the size of the building or
structure by more than twenty-five (25%) percent in any thirty-six
(36) month period.
fact:
Section 11. The Commission makes the following findings of
A. The proposed pool house is compatible with the low
density and rural character requirements of the General Plan.
This project is compatible with the Zoning Ordinance because the
project complies with the Zoning Ordinance lot coverage
requirements. The net square footage of the lot is approximately
87,991 square feet. The permitted residential structures, with
the proposed house, equals 6,577 square feet which represents
7.48% structural lot coverage, which is within the 20% maximum
coverage that is permitted. The total lot coverage is
approximately 15,475 square feet which represents a proposed
total lot coverage of 17.59 percent, which is less than the
thirty-five percent (35%) that is permitted. The proposed
project is compatible with surrounding residential structures.
B. The proposed development preserves the natural
topographic features of the lot to the maximum extent possible
because all construction will occur on the existing building pad
area, leaving a large portion of the lot undeveloped for open
space and vegetation.
C. The proposed project follows the natural contours of
the site to minimize grading to the maximum extent possible, in
that all construction will occur on the existing building pad
area of the lot. Existing drainage patterns will be preserved so
that drainage will be channeled into acceptable drainage courses,
and engineered and constructed within the requirements of the
building codes.
D. The project preserves open space for use of native
vegetation to the maximum extent possible, by limiting building
to the existing building pad area.
E. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage in
that the residential structures including the guest house will
cover only 7.48% of the lot, which is substantially less than the
20% coverage that is permitted. The total structural lot overage
including driveways, and hard surfaces will equal approximately
17.59% of the lot, which is substantially less than the 35% of
coverage that is permitted.
• •
F. The project is harmonious in scale and mass with the
site as indicated in paragraph E above because the project is
approximately one-half the size that is permitted.
G. The project is sensitive and not detrimental to the
convenience and safety of pedestrians and circulation of vehicles
in that the pool house will be setback appropriately from
circulation easements.
H. The project conforms to the requirements of the
California Environmental Quality Act and is categorically exempt
from environmental review.
Section 12. Based as to foregoing findings, the Commission
hereby approves the site plan review application for a proposed pool
house on the property located a 2 Morgan Lane, as indicated on the
development plan attached hereto as Exhibit "A" and subject to the
following conditions:
A. All fences on the property shall be located on or
outside any easement lines and shall not encroach into the
equestrian trail easements.
B. The proposed building plan must be approved by the
Rolling Hills Community Association Architectural Committee
before the applicant receives a grading permit from the County of
Los Angeles.
C. Prior to the submittal of a final grading plan to the
County of Los Angeles, the grading plan shall be submitted to the
Rolling Hills Planning Department staff for their review, along
with related geology, soils and hydrology reports. This grading
plan must conform to the development plan as approved by the
Planning Commission.
D. A landscape plan must be submitted to the City of
Rolling Hills Planning Department staff for approval. The
landscaping plan submitted must comply with the purpose and
intent of the Site Plan Review Ordinance. The landscaping plan
shall incorporate any existing mature trees and native
vegetation. A bond in the amount of the cost estimate for the
landscaping plus 15% shall be posted and retained with the City
for not less than two years after landscape installation. The
retained bond will be released by the City 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.
E. The working drawings submitted to the County Department
of Building and Safety for plan check must conform to the
Development Plan approved with this site plan review.
• �1
F. Any modifications to the development plan as approved
by the Planning Commission shall require the filing of an
application for modification of the development plan, and must be
reviewed and approved by the Planning Commission pursuant to
Section 17.34.070 of the Rolling Hills Municipal Code.
PASSED, APPROVED AND ADOPTED this 14th day
Of NnvPmhar , 1989.
ATTEST:
Depu; y C ty Clerk
/s/ Allan Roberts
Chairman