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395, Construct a sport court, Resolutions & Approval ConditionsT E 0 U 1— c W o U WIZ 3 W C_ _ T J JD a N N to the within instrument and acknowledged that ���xecuted the same. I WITNESS E )Y 4 .4 j I 'SignaturP Name (Typed or Printed) nd and official seal. e (General) STATE OF CALIFORNIA 89 4201.02 COUNTY OF 1-0 At.1CIGLCS } SS. I On JULy) - I P59 before me, the undersigned, a Notary Public in and for said 1 State, personally appeared C� f= Imo¢ v Q r—� 1 (NI iJ . Q r-, tJ (a n l l= C-1 l N S Pj R,r-1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name-b are subscribed OFFICIAL SEAL DOUGLAS K. MO HATTIE Notary Public -California L.OS ANGELES COUNTY • ••. My Comm. Exp. Sep.18,1992 i OFC-2056 For Record(' 's Use 89-1201024 RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS; CA 90274 31MIN pAST 10 A.M. JUL 27198.9 RECORDED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA Please record this form with the -Registrar -Recorder's Office and return to: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 FEE $7 L 2 (The Registrar -Recorder's Office requires that the form be notarized before recordation.) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) • Acceptance Form ss CONDITIONAL USE PERMIT CASE NO:. VARIANCE CASE NO. SITE PLAN REVIEW NO. - I the undersigned state: I am' We are the owner(s), of the real property 395 --395. described as follows: 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 PermitCase No'. 395 Variance Case No. SITE PLAN REVIEW NO. 395 .. . I (We) certify (or declare) under the penalty. of perjury that the foregoing is true'and correct (Where the owner"and Applicant Name Address City, State Signature Owner Name Address City, State Signature This signature must be acknowledged by a notary public. Attach appropriate acknowledgement. applicant. are notthe same, both must sign.) Type or print . 4 L= x:/e/ n� /)/? 41/7 4,/ / ,5/./ t-- /*A. / iL Ls //� . i / f 4e,e )/ iw xwr/t< 1114,4)/94J,i / /9 RESOLUTION NO. 89-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT IN ZONING CASE NO. 395 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. Gerry Ginsberg with respect to real property located at 3 Morgan Lane, Rolling Hills (Lot 170-2-MS) requesting a conditional use permit and site plan review approval for a paddle tennis court on the property. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on May 16, 1989 and June 20, 1989, and conducted a field site review on June 6, 1989. Section 3. Section 17.16.012(E) of the Municipal Code requires a conditional use permit for construction of a paddle tennis court. Section 4. The Planning Commission finds that: A. The parcel on which the paddle tennis court is to be located does contain an area of sufficient size to also provide an area meeting all standards for a stable and corral with vehicular access thereto. B. The paddle tennis court will not be located in the front yard and will be located more than fifty feet from the road or street easement line. are less create a maximum C. The retaining walls incorporated into the court than four feet in height at any one point. D. The construction of a paddle tennis court will structural lot coverage of 9.3% which is within the 20% structural lot coverage requirement. E. The paddle tennis court is not being located on the sides or bottoms of canyons or natural drainage courses. F. All proposed grading will be balanced so as to not require any infill or removal of soil from the site. G. The area graded for the court will be 2.450square feet which is less than the ten thousand square foot maximum. 890707 jlw 1680020 2 • • H. The height of the fencing will not be excess of six (6) feet so as to minimize the obtrusiveness of the structure. I. The proposed court is sited so as to not impair the viewscape of owners of surrounding property. Section 5. On the basis of the foregoing findings, the conditional use permit for a paddle tennis court on real property located at 3 Morgan Lane, (Lot 170-2-MS) Zoning Case No. 395, is hereby approved subject to the conditions set forth in Section 8 of this Resolution. Section 6. 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. of fact: Section 7. The Commission makes the following findings A. The proposed paddle tennis court is compatible with the General Plan in that it is consistent with the Recreation Element of the General Plan providing for outdoor recreational facilities and activities on private properties. The proposed paddle tennis court complies with the setback requirements of the Municipal Code. The property is located in the RAS-2 zone and has a total net square footage of 88,120 square feet. The total structural lot coverage, including the paddle tennis court, will be 8,157 square feet which constitutes 9.3% of the total lot, which is within the 20% maximum structural lot coverage requirement. The total lot coverage is 15,025 which equals 17.1% which is within the 35% maximum lot coverage requirement. B. The proposed paddle tennis court design preserves and integrates, to the maximum extent feasible, the natural topographic features of the lot. The project involves grading of a small portion of an existing backyard area. Minimal native vegetation and mature trees exist in that area. Any modification to the drainage courses will be designed so as to redirect drainage flow into the existing drainage courses. C. The proposed project follows the natural contours of the site to minimize grading. Recontouring of the existing terrain will be limited to creating a -2- 890707 jlw 1680020 2 • • building pad for the court area as specified on Exhibit A attached hereto. There will be some minimal grading on the slope to accommodate the court pad area. The project, as modified, will include a landscaping plan to create a visual buffer to the maximum extent possible between the court from surrounding residences. D. The project preserves native vegetation by avoiding the removal of any native trees or specimen size shrubs. E. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The total structural lot coverage including the proposed paddle tennis court will be 8,157 square feet constituting 9.3% of the total lot, which is within the 20% maximum structural lot coverage requirement. The proposed paddle tennis court will be located a minimum of 150 feet from the nearest residence. F. The proposed project is harmonious in scale and mass with the site, the natural terrain and the surrounding residential uses as evidenced by the lot coverage data indicated in paragraphs A and E. The proposed court will be cut into the uphill slope of the property and will be enclosed by a six (6) foot high fence. This design reduces the vertical projection of the court from ground level. G. The project conforms with the requirements of the California Environmental Quality act and is categorically exempt from environmental review. Section 8. Based as to foregoing findings, the Commission hereby approves the site plan review application for a proposed paddle tennis court as described on the Development Place attached hereto as Exhibit "A" to be located at 3 Morgan Lane 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 -3- 890707 jlw 1680020 2 • • such violation and has failed to do so for a period of thirty (30) days. C. Any modification to the proposed project which would cause the project to not be in compliance with the development plan as approved by the Planning Commission, shall require the filing of an application for modification of the development plan to be submitted for review pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. D. The working drawings submitted to the County Department of Building and Safety for plan check must conform to the development plan approved by the Planning Commission. E. The maximum height of the fence surrounding the court shall be no more than six (6) feet measured from the paddle tennis court surface level. F. The paddle tennis court will conform and be constructed pursuant to the restrictions contained in Section 17.16.012(E) of the Rolling Hills Municipal Code. G. A landscaping plan must be submitted to the City of Rolling Hills Planning Department staff for approval. The plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. The landscaping plan shall incorporate existing mature trees and native vegetation and shall comply with the requirements for screening as required by Section 17.16.012(E)(11) of the Rolling Hills Municipal Code. 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 -4- 890707 jlw 1680020 2 • • condition. The landscaping which is required shall be perpetually maintained. PASSED, APPROVED AND ADOPTED this 8th day of July , 1989. /s/ Allan Roberts Chairman ATTEST: AlS,M1-1 Deputy Cy y Clerk -5- i 890707 IN 1680020 2 4 • RESOLUTION NO. 89-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT IN ZONING CASE NO. 395 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. Gerry Ginsberg with respect to real property located at 3 Morgan Lane, Rolling Hills (Lot 170-2-MS) requesting a conditional use permit and site plan review approval for a paddle tennis court on the property. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on May 16, 1989 and June 20, 1989, and conducted a field site review on June 6, 1989. Section 3. Section 17.16.012(E) of the Municipal Code requires a conditional use permit for construction of a paddle tennis court. Section 4. The Planning Commission finds that: A. The parcel on which the paddle tennis court is to be located does contain an area of sufficient size to also provide an area meeting all standards for a stable and corral with vehicular access thereto. B. The paddle tennis court will not be located in the front yard and will be located more than fifty feet from the road or street easement line. C. The retaining walls incorporated into the court are less than four feet in height at any one point. D. The construction of a paddle tennis court will create a structural lot coverage of 9.3% which is within the 20% maximum structural lot coverage requirement. E. The paddle tennis court is not being located on the sides or bottoms of canyons or natural drainage courses. F. All proposed grading will be balanced so as to not require any infill or removal of soil from the site. G. The area graded for the court will be 2.450square feet which is less than the ten thousand square foot maximum. 890707 jtw 1680020 2 • • H. The height of the fencing will not be excess of six (6) feet so as to minimize the obtrusiveness of the structure. I. The proposed court is sited so as to not impair the viewscape of owners of surrounding property. Section 5. On the basis of the foregoing findings, the conditional use permit for a paddle tennis court on real property located at 3 Morgan Lane, (Lot 170-2-MS) Zoning Case No. 395, is hereby approved subject to the conditions set forth in Section 8 of this Resolution. Section 6. 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. of fact: Section 7. The Commission makes the following findings A. The proposed paddle tennis court is compatible with the General Plan in that it is consistent with the Recreation Element of the General Plan providing for outdoor recreational facilities and activities on private properties. The proposed paddle tennis court complies with the setback requirements of the Municipal Code. The property is located in the RAS-2 zone and has a total net square footage of 88,120 square feet. The total structural lot coverage, including the paddle tennis court, will be 8,157 square feet which constitutes 9.3% of the total lot, which is within the 20% maximum structural lot coverage requirement. The total lot coverage is 15,025 which equals 17.1% which is within the 35% maximum lot coverage requirement. B. The proposed paddle tennis court design preserves and integrates, to the maximum extent feasible, the natural topographic features of the lot. The project involves grading of a small portion of an existing backyard area. Minimal native vegetation and mature trees exist in that area. Any modification to the drainage courses will be designed so as to redirect drainage flow into the existing drainage courses. C. The proposed project follows the natural contours of the site to minimize grading. Recontouring of the existing terrain will be limited to creating a -2- 890707 jlw 1680020 2 • • building pad for the court area as specified on Exhibit A attached hereto. There will be some minimal grading on the slope to accommodate the court pad area. The project, as modified, will include a landscaping plan to create a visual buffer to the maximum extent possible between the court from surrounding residences. D. The project preserves native vegetation by avoiding the removal of any native trees or specimen size shrubs. E. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The total structural lot coverage including the proposed paddle tennis court will be 8,157 square feet constituting 9.3% of the total lot, which is within the 20% maximum structural lot coverage requirement. The proposed paddle tennis court will be located a minimum of 150 feet from the nearest residence. F. The proposed project is harmonious in scale and mass with the site, the natural terrain and the surrounding residential uses as evidenced by the lot coverage data indicated in paragraphs A and E. The proposed court will be cut into the uphill slope of the property and will be enclosed by a six (6) foot high fence. This design reduces the vertical projection of the court from ground level. G. The project conforms with the requirements of the California Environmental Quality act and is categorically exempt from environmental review. Section 8. Based as to foregoing findings, the Commission hereby approves the site plan review application for a proposed paddle tennis court as described on the Development Place attached hereto as Exhibit "A" to be located at 3 Morgan Lane 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 -3- 890707 jlw 1680020 2 • such violation and has failed to do so for a period of thirty (30) days. C. Any modification to the proposed project which would cause the project to not be in compliance with the development plan as approved by the Planning Commission, shall require the filing of an application for modification of the development plan to be submitted for review pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. D. The working drawings submitted to the County Department of Building and Safety for plan check must conform to the development plan approved by the Planning Commission. E. The maximum height of the fence surrounding the court shall be no more than six (6) feet measured from the paddle tennis court surface level. F. The paddle tennis court will conform and be constructed pursuant to the restrictions contained in Section 17.16.012(E) of the Rolling Hills Municipal Code. G. A landscaping plan must be submitted to the City of Rolling Hills Planning Department staff for approval. The plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. The landscaping plan shall incorporate existing mature trees and native vegetation and shall comply with the requirements for screening as required by Section 17.16.012(E)(11) of the Rolling Hills Municipal Code. 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 -4- 890707 jlw 1680020 2 e • condition. The landscaping which is required shall be perpetually maintained. PASSED, APPROVED AND ADOPTED this 8th day of July , 1989. /s/ Allan Roberts Chairman ATTEST: Deputy Ci y Clerk -5- 890707 jlw 1680020 2