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766, Enlarge sport court to a clay , Resolutions & Approval Conditions• -2500`2 -or RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX T RECORDER'S USE ONLY 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. 766 XX CONDITIONAL USE PERMIT XX VARIANCE XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 3 MORGAN LANE, ROLLING HILLS, (LOT 170-2-MS) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 766 VARIANCE: XX: CONDITIONAL USE PERMIT XX: SITE PLAN REVIEW XX I (We) cejre) under the penalty of perjury that the foregoing is true and correct. S/kjnature / 5C.Q1 i .I Name typed or printed Signature Name typed or printed Address Address City/State City/State Signatures must be acknowledged by a notary public. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LosLirnEL_E.--S } On �F R, (� . ?nrcl before me, 1/Pi i Here Insert Name and Title of the Officer Date personally appeared 5Cr TF D cx Name(s) of Signer(s) ttEU L. ARTHUit Ce^ r,!3ti n 01C034C3 Cottry i na - Central: E Lea Anz_loa Ccenty f.'y Comm. Expires Jun 24, 2012 r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name is/aye subscribed to the within instrument and acknowledged to me that he/chc/they executed the same in his/he#their authorized capacity(iet.), and that by his/hefthteir signature on the instrument the person, or the entity upon behalf of which the person'O acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature_�J OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. WITNESS my hanyi and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: _ATE ITAV fl Document Date: KI • Signer(s) Other Than Named Above: N....10KIP Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L'. . alp = r lr Top of thumb here C.E-±-. t-- f 41.lr,F F-rsvNj Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — D Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item Lilrl- 1[e Top of thumb here 5907 Reorder: Call Toll -Free 1-800-876-6827 • • RESOLUTION NO. 2009-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND A CONDITIONAL USE PERMIT (CUP) TO ENLARGE AN EXISTING SPORTS COURT INTO A TENNIS COURT AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 766, AT 3 MORGAN LANE, (LOT 170-2-MS), (DOUGLAS). 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. Scott Douglas with respect to real property located at 3 Morgan Lane (Lot 170-2-MS), Rolling Hills, CA requesting a Site Plan Review, Conditional Use Permit (CUP) and Variance to permit grading and enlargement of an existing sports court to create a 6,960 square foot tennis court. The applicant does not propose any changes to an existing single family home and other accessory uses. Section 2. The property is zoned RAS-2 and consists of 2.40 gross acres and 1.96 net acres for development purposes. Other than the proposed tennis court, existing structures include: residence (4,460 sq. ft.), garage (816 sq. ft.), service yard (96 sq. ft.), stable (704 sq. ft.), pool (640 sq. ft.) and pool equipment storage (46 sq. ft.). Section 3. A Site Plan Review is required due to the degree of incidental grading, a CUP is required due to the fact that the construction involves an enlargement of an accessory recreational game court and a Variance is required because the amount of disturbed area, which is presently nonconforming, will be increased. Section 4. The Planning Commission conducted duly noticed public hearings to consider the application on November 18 and December 9, 2008, and at a field trip visit on December 9, 2008. The applicant and his representative were notified of the public hearings and field trip in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings and field trip at which the Planning Commission directed staff to prepare a resolution of approval for the proposed project. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (California CEQA Guidelines, Section 15303) and is therefore categorically exempt from environmental review. Section 6. Section 17.46.030 of the Rolling Hills Municipal Code requires a development plan to be submitted for Site Plan Review and approval before any grading Resolution 2009-01 1 ZC No. 766 requiring a grading permit or 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 at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty- five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application, required due to proposed grading, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, and Zoning Ordinance and surrounding uses. Regarding the General Plan, the proposed tennis court is consistent with the Land Use Element policy of maintaining low profile, low -density residential development with sufficient open space between surrounding structures. With respect to the Zoning Ordinance, the project conforms to structural lot coverage requirements. The net lot area of the lot is 85,600 square feet, (1.96 acres) and the structural lot coverage of existing structures and the proposed tennis court constitutes 16% of the net lot, which is within the maximum 20% requirement. The total lot coverage, including all structures, paved areas and driveway will constitute 25.7% of the net lot, which is within the 35% maximum overall net lot coverage requirement. The proposed court is to be screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot will be 53.7%, which exceeds the 40% maximum permitted (see Section 7 of this Resolution for separate Variance findings). B. The development plan preserves the substantially natural and undeveloped state of the lot by minimizing building coverage and therefore the enlarged court structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property and the court will be screened with landscaping. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered. The construction of the enlarged recreational court will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, and is a sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors. In addition, the applicant will utilize the existing court pad, which results in a minimum amount of grading for the new construction. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A. above, the lot coverage maximum set forth in the Zoning Code will not be exceeded. D. The development landscape plan incorporates the preservation of existing mature vegetation including trees and dense shrubbery and therefore the project is screened from other properties and the road. Resolution 2009-01 2 ZC No. 766 • • E. The development landscape plan follows the natural contours of the site to minimize grading and retain the natural drainage courses. Grading for the project will involve 672 cubic yards total (336 cubic yards of cut/336 cubic yards of fill) on the east and west sides of the existing court with a maximum 2:1 slope. The grading is the minimum necessary to enlarge the existing paddle tennis courts and the earth material will be balanced on -site. F. The proposed grading will not modify existing drainage courses nor redirect drainage flow unless into an existing or proposed approved drainage course. The property has a recorded flood hazard zone area approximately 55 feet wide located parallel to the rear property line, and the proposed court enlargement will occupy a portion of this flood zone area. Preliminary approval for the proposed construction within the flood zone has been given by the Los Angeles County drainage engineer on the basis that the proposed work will not be in a natural drainage course and will be at an elevation that is 20-feet above the nearest natural drainage course. In addition, improvements will be constructed to address drainage related to the proposed construction including curbing, a v-gutter, two inlets and drain piping which are designed to collect and transport water to an erosion control outfall/dissipator to be installed at the base of the slope below the court. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles. There are no changes proposed to the existing vehicular access for the property. H. The project conforms to the requirements of the California Environmental Quality Act (CEQA) and is exempt as noted in Section 4 of this Resolution. Section 7. The applicant seeks a variance from the 40% maximum disturbed area standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code. Sections 17.38.010 through 17.38.050 of the Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same vicinity and zone. Additional findings are also required, as detailed herein. With respect to this request for a variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. Section 17.16.070 of the Municipal Code provides that disturbance shall be limited to 40% of the net lot area. The applicant proposes to enlarge the existing game court structure pad and construct a 6,960 square foot tennis court, which will increase the disturbed area from 50% to 53.7%. The Variance for the total disturbance is necessary because of the pre-existing conditions on the property, where the existing disturbed area, already exceeds the maximum permitted. Any further development would require additional disturbance. The topographic nature Resolution 2009-01 3 ZC No. 766 • . of the subject property is such that enlargement of the existing game court will require a fill slope that complies with other applicable development standards. The existing game court could not be enlarged without related grading and construction of the fill slope. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question absent a variance. The applicant proposes to enlarge the existing paddle tennis court structure pad to construct a 6,960 square foot tennis court. A regulation sized tennis court is a common amenity enjoyed by several properties in the vicinity and zone. Enlargement of the existing court requires grading and construction of a fill slope which will increase the disturbed area from 50% to 53.7% (cut and fill areas counted in the calculation of disturbed area). The increase in degree of nonconformity is not significant and the property owner should not be denied the privilege of a tennis court only because the topographic nature of the lot renders it infeasible to strictly comply with Section 17.16.170. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. All grading will occur within the property. The project as conditioned by this Resolution will be adequately screened to prevent adverse visual impact to surrounding properties. The proposed development will maintain or improve slope stability through the use of approved drainage facilities and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner consistent with the goals and policies of the General Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or the General Plan. Rather, the variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. The overage requested is not substantial and does not undermine the spirit or intent of the Zoning Ordinance. E. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. The minor overage requested will allow the property owner to enjoy the same rights and privileges afforded to many other properties in the vicinity and zone. Section 8. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided the Rolling Hills Planning Commission approves a Conditional Use Permit for such use. Section 17.42.050 of the Rolling Hills Municipal Code provides the basis for approval of a Conditional Use Permit. In 1989 the Rolling Hills Planning Commission granted a Conditional Use Permit for a 3,520 square foot paddle tennis court that is being enlarged Resolution 2009-01 4 ZC No. 766 • with this project. With respect to the current request for a Conditional Use Permit (which replaces the former CUP), the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the enlargement of a sports court would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will not be detrimental for the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered. The subject court enlargement to 6,960 square feet will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be constructed on an accessory building pad below that of the applicant's home, the location of which will be the least intrusive to surrounding properties, will be screened and landscaped with existing mature trees and shrubs, is of sufficient distance from nearby residences, 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 on a property that is adequate in size, shape and topography to accommodate such use. In addition, the proposed enlarged sports court will be appropriately located behind the existing house and swimming pool and is not located within the front yard or any setback, or within fifty feet of any paved road or street easement. The project will utilize the existing sport court pad but grading of 672 cubic yards (336 cubic yards cut/fill) is necessary on the east and west sides to enlarge to a standard sized tennis court. All earth material will be balanced and retained on -site. D. The proposed conditional use complies with all applicable development standards of the zone district with the exception of amount of disturbed area. The graded area (the minimum to create the project) will not exceed maximum graded areas of 10,000 square feet and does not exceed the maximum permitted cubic yardage of 750 cubic yards. A retaining wall proposed on the uphill side of the court will not exceed 4 feet in height and will be visible only from the interior side (court surface). The grades slopes will not exceed a grade of 2:1. The proposed court will not be located in the path of a natural drainage course as detailed in Finding F., Section 6. 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. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code. No changes are proposed to an existing 704 square foot stable and there is an existing area for a corral. Resolution 2009-01 5 ZC No. 766 • • Section 9. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application, Conditional Use Permit and Variance in Zoning Case No. 766 for grading and for construction of an enlarged sport court, with exceedance of the maximum permitted disturbed lot area as shown on the Development Plan dated November 10, 2008 (landscaping) and November 12, 2008 (site plan and cross section), subject to the following conditions: A. The Site Plan Review, Conditional Use Permit and Variance approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A), 17.42.070(A), and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have 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 and standards of the Rolling Hills Building and Construction Ordinance, Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this Permit, or shown otherwise on an approved plan. D. The approvals granted shall be implemented and maintained in substantial conformance with the Planning Commission approved development plans dated November 10, 2008 (landscaping) and November 12, 2008 (site plan and cross section). Prior to submittal of final working plans to the Los Angeles County Department of Building and Safety for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. E. The project shall be subject to the following requirements: 1. Grading shall not exceed 336 cubic yards of cut and 336 cubic yards of fill (672 cubic yards total), shall not exceed an area of 10,000 square feet, and shall be balanced on -site. 2. Structural lot coverage shall not exceed 13,724 square feet or 16%. 3. Total lot coverage of structures and paved areas shall not exceed 22,006 square feet or 25.7% in conformance with lot coverage limitations. Resolution 2009-01 6 ZC No. 766 • • 4. The disturbed area of the lot shall not exceed 45,970 square feet or 53.7% of the net lot area in conformance with the approved variance for lot disturbance exceedance. 5. The property shall be landscaped and screened from adjacent properties in conformance with the approved landscaped plan dated November 10, 2008. Landscaping shall be designed using trees and shrubs, including native and drought tolerant species, which shall not when mature, exceed the height of the existing residence, in order to screen the project but not obstruct views of neighboring properties. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. 6. In addition to the tennis court screening, prior to issuance of a building permit for grading, the applicant shall submit two copies of a landscape plan for the graded areas, to the City Planning Department for review and approval. The graded areas landscape plan shall contain the same elements as the tennis court screening plan. All landscaping shall be maintained in healthy condition. 7. The surface of the tennis court shall be of a clay material. 8. A detailed permanent drainage plan shall be included in the working building plans submitted to the Los Angeles County Department of Building and Safety for plan check. The drainage plan shall conform to the development plan dated November 12, 2008 approved by the Planning Commission. Prior to submittal to the County the applicant shall submit the drainage plan to the Rolling Hills Planning department for their review and approval. 9. During and after construction perimeter easements and trails, if any, shall remain free and clear of encroachments including, but not be limited to, site development, fences - including construction fences, grading (both cut and fill), landscaping, irrigation, drainage devices, play equipment, parked vehicles, building materials, debris and other equipment, unless otherwise approved by the Rolling Hills Community Association. 10. During and after construction, all parking shall take place on the subject property and, if necessary, any overflow parking may take place within nearby roadway easements provided the roadway is not obstructed. 11. Prior to final project approval, the applicant shall record a "Waiver and Agreement", pursuant to Los Angeles County Public Works requirements, to Resolution 2009-01 7 ZC No. 766 ensure continued physical access to an existing undergound sewer pipe and surface manhole(s) on the property. 12. During plan -check, the applicant shall provide written approval from the Los Angeles County Department of Public Works authorizing a portion of the enlarged court to be located within a designated "Flood Hazard Area". F. In addition, the project shall be subject to all requirements applicable to game courts pursuant to RHMC 17.16.210-7, which include but are not limited to the following: project: 1. The existing stable and set aside area for a corral, with access thereto shall be maintained. 2. A retaining wall proposed on the uphill side of the proposed enlarged court shall not exceed 4 feet in height and shall be visible only from the interior court. 3. The tennis court shall be continuously screened on all four sides, including a maximum 10-foot tall fence, which height shall include maximum 4-foot tall retaining wall. 4. The enlarged court shall not be located on a slope exceeding 2:1, or on the side or bottom of a canyon or in the path of a natural drainage course. No related drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement or a trail (see also related conditions E. 7 and G.3). 5. Lighting to accommodate nighttime court use is prohibited. G. The following conditions shall apply to the construction phase of the 1. The applicant shall comply with all 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, and objectionable odors. 2. The applicant shall utilize the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. A minimum of 50% of the construction and/or demolition waste material shall be recycled and verification shall be submitted to the City. 3. The applicant shall submit to the Los Angeles County Building Department an Erosion Control Plan containing the elements set forth in Section 7010 of Resolution 2009-01 8 ZC No. 766 • • Y the 2008 County of Los Angeles Uniform Building Code, to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. The applicant shall comply with all requirements of the approved Erosion Control Plan. 4. The applicant shall schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. H. The applicant shall pay all of the applicable Los Angeles County Building and Safety and Public Works Department fees. I. The project shall be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any grading or building permit. The City staff and/or Planning Commission shall review any deviations from the plan approved by the Planning Commission that the RHCA may recommend or require. J. All conditions of the Site Plan, Conditional Use Permit and Variance approvals, as applicable, shall be complied with prior to the issuance of grading or building permit from the County of Los Angeles. K. Notwithstanding Sections 17.46.020 and 17.46.070 (Site Plan Review) of the Rolling Hills Municipal Code, any modification to the property, which would constitute additional structural development or grading, shall require the filing of a new application for approval by the Planning Commission. L. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. M. Any action challenging the final decision of the city made as a result of the public hearing on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JANUARY 2009. Lia RICHARD HENKE, CHAIRMAN ATTEST: f Cid at) DEPUTY CITY CLERK Resolution 2009-01 9 ZC No. 766 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2009-01 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND. A CONDITIONAL USE PERMIT (CUP) TO ENLARGE AN EXISTING SPORTS COURT INTO A TENNIS COURT AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 766, AT 3 MORGAN LANE, (LOT 170-2-MS), (DOUGLAS). was approved and adopted at a regular meeting of the Planning Commission on January 20, 2009 by the following roll call vote: AYES: Commissioners Smith, Sommer, Witte and Chairman Henke. NOES: None. ABSENT: Commissioner DeRoy. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE INTERIM DEPUTY CITY CLERK Resolution 2009-01 10 ZC No. 766