377, Construct a tennis court, Resolutions & Approval Conditions4
RESOLUTION NO. 593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS DENYING A CONDITIONAL USE PERMIT IN
ZONING CASE NO. 377
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
I.S.C.O. with respect to real property located at No. 4 Morgan
Lane, Rolling Hills (Lot 170-7-MS) requesting a conditional use
permit for a tennis court and guest house on said property.
Section 2. The Planning Commission conducted a
duly -noticed, public hearing to consider the application on
December 20, 1988 and January 17, 1989 and conducted a field trip
on January 14, 1989. After considering the evidence, both
written and oral, the Commission denied the application on the
ground, among others, that the proposed improvements would result
in over -development of the lot.
Section 3. Pursuant to Section 17.32.140(A), the
applicant appealed the decision of the Planning Commission to the
City Council.
Section 4. On February 27, 1989 the City Council
opened a duly -noticed, de novo public hearing pursuant to
Municipal Code Section 17.32.190 to consider the application.
Evidence, both written and oral, was presented to and considered
by the City Council. The applicant appeared before the Council
and was further represented by his representative, Jim A.
Marquez. The hearing was adjourned to a field trip on March 7,
1989 to enable the Council and all interested persons the
opportunity to view the site.
Section 5. The City Council on March 7, 1989
conducted a field trip to the site which was open to all members
of the public. The Council inspected the subject property and
observed the following:
A. The subject property is a relatively flat parcel
located at a higher elevation than surrounding properties.
Improvements constructed on the parcel would be visible to
the surrounding area, including users of nearby trail
easements.
•
B. The staking of the property discloses that the
proposed structures would cover most of the allowable
buildable area of the lot, leaving little room for open
space areas and no natural vegetation.
Section 6. The Council resumed the continued public
hearing on March 27 and continued it to April 24, 1989, at which
time additional evidence was presented to and considered by the
Council.
Section 7. Section 17.16.012(E) and (F) of the
Municipal Code provide the discretion to grant a conditional use
permit for tennis courts and guest houses if appropriate under
Section 17.21.060, subject to certain minimum conditions.
Section 8. The City Council finds that:
A. The proposed' structures would create a densely
developed lot, eliminating those open spaces and natural
features that would preserve the rural atmosphere called for
in the General Plan.
B. The tennis court and its attendant fencing would
be highly visible to surrounding properties.
C. The proposal is inconsistent with recently adopted
Ordinance No. 221, which requires that the site development
be compatible with the General Plan, preserve and integrate
into the site design natural topograhic features, maintain
an open, rural atmosphere, preserve natural vegetation,
minimize grading and overcrowding of structures and
harmonize with surrounding properties. This proposal would
completely develop the lot with an existing swimming pool,
a 8,996 square foot house, a proposed tennis court and guest
house and a future site for a stable. The structural lot
coverage would be 19.9% which almost exceeds the maximum 20%
lot coverage requirement. Existing open and natural
features would be completely eliminated, as would natural
vegetation. The site plan is overcrowded and inconsistent
with the rural atmosphere of the community.
Section 9. Pursuant to Section 17.32.060 of the
Rolling Hills Municipal Code, the City Council finds that:
A. For the reasons set forth above, the proposal
would be inconsistent with the objectives of the General
Plan, the Zoning Ordinance and Ordinance No. 221.
B. For the reasons set forth above, the proposed
tennis court and guest house would overdevelop the lot,
eliminate open and natural features of the lot and be
detrimental to the community's rural atmosphere.
• •
A.
Si; r ;�;
Section 10. For and on the basis of the foregoing
findings, the conditional use permit for Zoning Case No. 377 is
hereby denied.
PASSED, APPROVED and ADOPTED this
of May
ATTEST:
c:\lawyer\ord\cse377.mj
8th
, 1989.
_CO %von Wa-U, a of
Mayor
City Clerk
day
• •
RESOLUTION NO.89-6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS DENYING A CONDITIONAL USE PERMIT
IN ZONING CASE NO. 377
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 I.S.C.O.
with respect to real property located at No. 4 Morgan Lane, Rolling
Hills (Lot 170-7-MS) requesting a conditional use permit for a tennis
court and guest house on said property.
Section 2. The Planning Commission conducted a duly
noticed, public hearing to consider the application on December 20,
1988 and January 17, 1989. The Commission also conducted an on -site
evaluation of the proposal.
Section 3. The Planning Commission conducted a field
trip to the site on January 14, 1989, which was open to all members
of the public. The Council inspected the subject property and
observed the following:
A. The I.S.C.O. property is a legal conforming lot,
containing the required area under the City's zoning
ordinance. The lot is approximately 2.0 acres in
size; the zoned district in which it is located
requiredtwo acres. The property, at building pad
grade, is higher than adjacent property.
B. The location of the proposed court and guest house
was identified by the plans. The court and guest
house will be located on -grade on the highest part
of the property. Because of its on -grade
construction, there will be a substantial visual and
acoustical interference with surrounding properties
and riding trail easements.
Section 4. Section 17.16.012(F) of the Municipal Code
provides the discretion to grant a conditional use permit for tennis
courts and/or guest houses if appropriate under Section 17.32.060,
subject to certain minimum conditions. Section 17.32.060, subject to
certain minimum conditions. Sections 17.32.060, requires that as a
prerequisite of issuance of the permit would 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 5. The Planning Commission finds that:
A. The lot is situated in such a way as to not allow
for construction of a tennis court and guest house
while at the same time preserving and maintaining
the community objective of a rural atmosphere.
Construction of the court would result in such
density of improvements on the lot as to conflict
with the general plan and zoning ordinance
objectives of maintaining the rural, natural
features of the community.
B. The elevation of the building pad on the lot
requires the court and guest house to be located at
an elevation higher than the surrounding
properties. The environmental impact (visual) would
be difficult to mitigate.
• •
C. The proposed court would be located in close
proximity to neighboring residences, creating
potential noise disturbances interfering with the
use and enjoyment of those neighboring homes,
particularly because the on -grade construction of
the court will allow the noise to travel upward to
those residences. Although possible noise
mitigating conditions were discussed, none were
found to be practicable or easily enforceable.
There is no questions but that noise from use of the
court will be readily and easily audible at the
neighboring residences.
D. Construction of the proposed tennis court and guest
house would be incompatible with residential uses in
the surrounding area and would result in
over -development of the lot inconsistent with the
rural character of the community.
Section 6. 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 6 above, the
proposed tennis court and guest house 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 6 above, the
proposed tennis court and guest house would be
detrimental to the 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 and guest house will have
significant environmental impacts in the area of
noise which cannot be adequately mitigated. There
is no public benefit from the proposed project that
would outweigh this environmental impact.
Section 7. For and on the basis of the foregoing
findings, the conditional use permit for Zoning Case No. 377 is
hereby denied.
PASSED, APPROVED and ADOPTED this 17th day
of January , 1989.
ATTEST:
City Clerk
Chairman