766, Enlarge sport court to a clay , Staff ReportsDATE:
TO:
FROM:
•
C1ty 0/e ll ng Jhh,
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
JANUARY 20, 2009
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 766
3 MORGAN LANE (LOT 170-2-MS)
RA-S-2, 2.40 ACRES (GROSS)
SCOTT DOUGLAS
DOUGLAS MCHATTIE, BOLTON ENGINEERING
NOVEMBER 8, 2008
REQUEST AND RECOMMENDATION
Request for a Conditional Use Permit and Site Plan Review for grading to enlarge
and convert an existing sports court to a tennis court and a Variance to exceed the
maximum permitted disturbed lot area at a property developed with a single
family residence and accessory uses.
It is recommended that the Planning Commission adopt Resolution No. 2009-01 or
provide other direction to staff.
BACKGROUND
1. At the December 9, 2008 field trip visit to the property, the Planning
Commission directed staff to prepare a Resolution approving the proposed
project. The vote was 4-0-1. Commissioner Sommer was absent.
2. The enclosed Resolution contains standard findings of facts and
conditions, including that any further development on the property be reviewed
by the Planning Commission; that all conditions required by the LA County
regarding sewer easements and flood hazard area be met; that the surface of the
court be of clay material; that the tennis fence not exceed 10 feet in height
(including the 4-foot retaining wall); that the tennis court be screened; that the
graded areas be landscaped and that there be no lights for the court.
Printed on Recycled Paper
4
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
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ZC No. 766
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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.
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ZC No. 766
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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
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ZC No. 766
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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 CD
ZC No. 766
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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.
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ZC No. 766
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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.
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ZC No. 766
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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
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ZC No. 766
7 @
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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
ZC No. 766
8
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.
ATTEST:
DEPUTY CITY CLERK
Resolution 2009-01
ZC No. 766
RICHARD HENKE, CHAIRMAN
9
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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:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
Resolution 2009-01 10 1 l
ZC No. 766
DATE:
TO:
FROM:
•
day 0/ie0ii, �al�
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
DECEMBER 9, 2008
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 766
3 MORGAN LANE (LOT 170-2-MS)
RA-S-2, 2.40 ACRES (GROSS)
SCOTT DOUGLAS
DOUGLAS MCHATTIE, BOLTON ENGINEERING
NOVEMBER 8, 2008
REQUEST AND RECOMMENDATION
Request for a Conditional Use Permit and Site Plan Review for grading to enlarge
and convert an existing sports court to a tennis court and a Variance to exceed the
maximum permitted disturbed lot area at a property developed with a single family
residence and accessory uses.
It is recommended that the Planning Commission after visiting the site earlier
today, review the staff report, continue the public hearing, consider the criteria for
granting a Site Plan Review, CUP and a Variance, take public testimony and
provide direction to staff.
BACKGROUND
1. In 1989 the Planning Commission granted a Conditional Use Permit for a 3,520
square foot paddle tennis court on the subject property. The current owner
Douglas, proposes to enlarge the existing court by 3,440 square feet to creat
square foot regulation clay tennis court. A Conditional Use Permit is required or " e
recreational court use and a Site Plan Review is required due to proposed grading,
subject to criteria in Zoning Ordinance Section 17.16.210 (A) (7) as noted in this report.
Fifty (50%) percent of the lot was previously disturbed. At the time the property was
graded there were no provisions for maximum disturbance. Therefore, the disturbance
of 50% of the lot is legal, nonconforming. However, the proposed project calls for
53.7% disturbance and requires a variance.
ZC 766
3 Morgan Lane
' (0
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2. The property is currently developed with a 4,460 square foot residence with
816 square foot attached garage built in 1986, a 640 square foot swimming pool
and 48 square foot pool equipment area (1987), covered porch, service yard and a
704 square foot stable (1990).
3. The property is zoned RAS-2. The gross lot area is 2.4 acres. The net lot
area for construction purposes is 1.96 acres or 85,600 square feet. In addition to
the RHCA roadway easement and three perimeter easements, the property has two
10-foot sanitary sewer easements and a 50-60 foot wide flood hazard area that
parallels the rear property line. A portion of the new proposed court area will be
located within one of the sewer easements and the flood hazard area.
The City has received input from Los Angeles County regarding these easements.
Regarding the sewer easement, on September 10, 2008 a letter was received from
the Los Angeles County Department of Public Works, approving the subject project
in concept, subject to the owner meeting a number of conditions. Prior to final
approval, the County will require that the owner record a "Waiver and Agreement"
that will ensure continued physical access to the underground sewer pipe and
surface manhole(s) on the property, letter enclosed.
On November 10, 2008 the City received an e-mail from the County Department of
Public Works drainage engineer tentatively approving the proposal to locate the
tennis court in a portion of the flood hazard area. The engineer based her
preliminary approval on a submitted report that shows that the new work, although
within the flood hazard area, will not be located in a natural drainage course, and
secondly, that the work will be at an elevation that is 20-feet above the nearest
natural drainage course, copy enclosed.
Both the sewer and drainage issues will be reviewed by the related County
agencies prior to approval of a construction permit.
MUNICIPAL CODE COMPLIANCE
4. The applicant proposes to enlarge an existing 3,520 square foot paddle
tennis court, resulting in a 6,960 square foot clay surface tennis court. A maximum
4-foot tall retaining wall is proposed along the uphill interior side of the court, and a
fence, as approved by the RHCA, will wrap around the entire court. The project
requires a Conditional Use Permit for the recreational court use and a Site Plan
Review due to the grading. A Variance is required because the amount of
disturbed area, presently at 50%, exceeds the maximum 40% allowed and will be
increased to 53.7%.
5. The applicant proposes to cut/fill 336 cubic yards (673 cubic yards total) on
the east and west sides with a maximum 2:1 slope to accommodate the new tennis
court. Existing steps and some vegetation will be removed, and to restore access
from the pool area above, the applicant will construct a 688 square foot concrete
ZC 766 2 ®
3 Morgan Lane
4
deck and stairway connecting the deck and court below. All earth material will be
balanced and retained on -site.
6. There are three building pads on the property: a 20,480 square foot pad
for the residence (30.4% pad coverage), a 3,520 square foot pad for the existing
court (100% coverage), and 1,280 square foot pad for the stable (55%
coverage). The proposed pad for the tennis court will also have 100% coverage.
Although the pad for the stable exceeds the guideline of maximum 30%
coverage, it is not proposed to be altered or expanded, and the increase in the
size of the recreational court pad is the minimum necessary to achieve the goal
of a regulation tennis court.
7. The structural lot coverage is proposed at 13,724 square feet or 16%,
which includes all the structures, including the enlarged court, (20% permitted);
and the total lot coverage including the structures and paved areas is proposed
to be 22,006 square feet or 25.7%, (35% permitted).
8. With the project, 45,970 square feet or 53.7% of the lot will be disturbed,
an increase of 3.7% compared to existing, (40% permitted).
9. Section 17.16.210 (A)(7) of the Zoning Ordinance contains conditions for
recreational game courts, subject to approval of a use permit. These conditions,
listed below, are intended to ensure that such structures: are ancillary recreational
uses, do not eliminate an existing or future development for a stable, do not
create visual or other impacts and blend in with the existing topography and
landscape or views. The proposal will be in compliance with the special game
court criteria, as follow:
a. There will be no changes to an existing 704 square foot stable structure.
b. The proposal retains the existing game court topographic elevation (66.7
finished surface) and location towards the rear. The court will not be
located in a front yard or setback and is significantly distant from a street
easement.
c. The proposed expanded court is not at the bottom or side of a canyon or
on a slope exceeding a grade of 2:1. The proposed court expansion will
not be in the path of a natural drainage course, as confirmed by the County
grading engineer.
d. The amount of grading (672 cubic yards total) will not exceed 750 cubic
yards and will be balanced on -site, and the area to be graded will be less
than 10,000 square feet.
e. A retaining wall proposed on the uphill side will not exceed 4 feet, and will
be visible only from the interior of the court. A tennis court fence along the
ZC 766
3 Morgan Lane
• •
perimeter as well as landscaping will provide screening. The court is not
expected to be visible to surrounding properties due to slope conditions,
vegetation, as well as its distance from neighboring homes (see plan
submitted by landscape architect).
f. No lighting is proposed.
g.
The project will result in total lot coverage of 25.7%, which conforms to the
maximum 35% allowed.
10. Although the court area will be expanded, its entire surface will have a
pervious clay material, which improves drainage. The plan also provides for
installation of two inlets to collect water along the outer edge of the court and
direct it through a 6-inch pipe to a dissipater at the base of the slope behind the
court. This will prevent erosion of the slope below the court.
11. One letter dated October 12, 2008 was received from a neighbor in support
of the project, copy enclosed.
CONCLUSION
12. When reviewing a development application the Planning Commission
should consider whether the proposed project is consistent with the City's
General Plan; incorporates environmentally and aesthetically sensitive grading
practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project
vicinity; and otherwise preserves and protects the health, safety and welfare of
the citizens of Rolling Hills.
13. A tennis court is a use that requires a conditional use permit and must
meet certain criteria as set by the State Zoning and Planning Law. In reviewing a
CUP the Planning Commission must find that the use is consistent with the
General Plan and development standards of the City, including provision for open
space and maintaining rural environment and that the use will not adversely affect
adjacent properties.
14. With respect to the Conditional Use Permit, the applicant's representative
states that the location of the proposed tennis court is the most ideal on the lot, as
it is presently the site of a similar although smaller sport court. The location will
not obstruct views or be a nuisance to other residences and is isolated from other
properties. With respect to the Site Plan Review, the applicant's representative
states that the proposed grading is the minimum needed to create a regulation
size court while maintaining all slope, drainage, setback and other requirements.
15. In response for justification for the Variance request to exceed the
maximum permitted disturbed area, the applicant's agent states that the current
ZC 766
3 Morgan Lane
4 5
• •
disturbance is over the maximum permitted. The additional disturbance is the
minimum necessary to expand the existing paddle tennis court to a regulation
sized tennis court and the existing stable and residence pads are not proposed to
be expanded. The property overall, with a 4,460 square foot home, swimming
pool, 704 square foot stable and with the expansion of the existing court to 6,690
square feet, will have a total of 16% structural coverage which is not excessive.
OTHER AGENCIES APPROVAL
16. Rolling Hills Community Association will review this project at a later date.
17. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
CITY OF ROLLING HILLS ZONING ORDINANCE DEVELOPMENT
STANDARDS FOR TENNIS COURTS - SECTION 17.16.210- 7
Recreational Game Courts. Tennis, racquetball and squash courts, and
any other fenced, enclosed, paved or hard -surfaced areas used for recreational
purposes shall adhere to the following conditions:
a. A legally required and accessible stable and corral area shall be
provided on the site in accordance with Section 17.16.010(A);
b. A game court shall not be located in the front yard or any setback;
c. A game court shall not be located within fifty feet of any paved road
or street easements;
d. Retaining walls constructed for a game court shall not exceed four
feet in height at any point along the wall; retaining walls shall not be exposed to
the exterior; and if necessary to minimize the visual impact, the game court
surface shall be inset or sunken below grade;
e. The construction of the proposed game court shall conform to the
lot coverage limitations as set forth in Section 17.16.070;
• f. A game court shall not be located on a slope that exceeds a 2:1
grade;
g. A game court shall not be located on the side or bottom of a canyon
or in the path of a natural drainage course;
h. When grading is required for a game court, cutting and filling shall
be balanced on site and shall not exceed a total cut and fill of seven hundred fifty
cubic yards;
When grading is required for a game court, cutting and filling shall
be balanced on site and shall not exceed ten thousand square feet;
j. The existing topography, flora and natural features of the site shall
be retained to the greatest extent possible;
k. Drainage systems shall be incorporated into the game court and
shall be approved by the City Engineer;
A game court shall be adequately screened on all four sides;
ZC 766
3 Morgan Lane
• •
m. Landscape screening shall include native or other drought -tolerant
mature trees and shrubs, which shall be maintained in a healthy condition. The
landscape screening shall not exceed the mature height determined by the
Planning Commission or City Council and shall be approved in accordance with
the site plan review process pursuant to Chapter 17.46;
n. Landscaping shall not interfere with the viewscape of surrounding
properties or easements pursuant to Chapter 17.26;
o. Game court lighting shall not be permitted;
p. Design and construction of a game court shall include methods to
mitigate visual and noise impacts.
ZC 766
3 Morgan Lane
6 @
Zoning Case 766
SITE PLAN REVIEW �I
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
STRUCTURES
Site Plan Review required if size of
structure increases by at least 1,000 sq.ft.
and has the effect of increasing the size
of the structure by more than 25% in a
36-month period.
GRADING
Site Plan Review required if excavation
and/or fill or combination thereof that is
more than 3 feet in depth and covers
more than 2,000 sq.ft.) must be balanced
on -site.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
Tennis Court
Stable
Combined
DISTURBED AREA
(40% maximum; any graded building pad
area, any remedial grading (temporary
disturbance), any graded slopes and
building pad areas, and any nongraded
area where impervious surfaces exist.)
STABLE (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
ZC 766
3 Morgan Lane
EXISTING 11 PROPOSED
SINGLE FAMILY RESIDENCE AND TENNIS COURT
ACCESSORY STRUCTURES (SPR, CUP and VARIANCE)
Residence
Garage
Stable
Service yard
Pool
Pool eqpm.
Court
TOTAL
N/A.
4460 sq.ft. Residence
816 sq.ft Garage
704 sq.ft Stable
96 sq.ft Service yard
640 sq.ft Pool
48 sq.ft. Pool eqpm.
3520 sq. ft. Court
10,444 sq.ft. I TOTAL
672 cubic yd
336 cubic yd cut / 336 cubic yd fill
4460 sq.ft.
816 sq.ft.
704 sq.ft.
96 sq.ft.
640 sq.ft.
48 sq.ft.
6960 sq.ft
13,884 sq.ft
21.2% 16% of 85,600 sq.ft. net lot area
21.1 % I 25.7° f-8 q.ft. net lot area
29.6% of 20,480 sq. ft. pad
100% of 3,520 sq. ft. pad
55% of 1,280 sq. ft. pad
40.6% of 25,280 sq. ft. pads
50%
704 sq. ft. plus over 550 sq. ft.
corral
From path off north side of home
Existing driveway approach from
Morgan Lane.
N/A
N/A
7 C:7)
29.6% of 20,480 sq. ft. pad
100% of 6960 sq. ft. pad
55% of 1280 sq. ft. pad
47.8% of 28,720 sq.ft. of pads
53.7%
704 sq. ft. plus over 550 sq. ft. corral
From path off north side of home
Existing driveway approach from
Morgan Lane.
Planning Commission review.
Planning Commission review.
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage permitted
depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls);
5. Grading has been designed to follow natural contours of the
site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought -tolerant landscaping which is
compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC 766
3 Morgan Lane
• •
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use
permit application, may impose conditions as are reasonably necessary to ensure the
project is consistent with the General Plan, compatible with surrounding land use, and
meets the provisions and intent of this title. In making such a determination, the hearing
body shall find that the proposed use is in general accord with the following principles
and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape
to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable
development standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities;
F. That the proposed conditional use observes the spirit and intent of this
title.
SOURCE: City of Rolling Hills Zoning Ordinance
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone but
which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC 766
3 Morgan Lane
• )UNTY OF LOS iNe, ,ES
DEPARTMENT OF PUBLIC WORKS
'To Enrich Lives Through Effective and Caring Service"
DEAN D. EFSTATHIOU, Acting Director
September 10, 2008
Mr. lioug Austin
JCC Homes, LLC
263? W. 237th St., Suite 201
Torrance, CA 90505
900 SOUTH FREMONT AVENUE
ALHAMBRA. CALIFORNIA 91803-1331
Telephone: (626) 458.5100
http://dpw.lacounty.gov
ENCROACHMENT ON SANITARY SEWER EASEMENT
#3 MORGAN LANE
CIT''d OF ROLLING HILLS
ADDRESS ALL CORRESPONDENCE TO
P.O. BOX 1460
ALHAMBRA. CALIFORNIA91802.1460
IN REPLY PLEASE
REFER TO FILE. SM.1
`l`ou;r request for permission to perform work over our sanitary sewer easement is
!=p1rnved in accordance with the following conditions:
Obstructing access to facility is prohibited. No object which is difficult of removal
shall be located over the sewer easement as to interfere with the ready access to
sewer facilities. (Section 20.24.140). See enclosed "Waiver and Agreement" for
recordation.
Any damage to the sewer line shall be the responsibility of the contractor/owner. All
grading and construction occurring over and the vicinity of the existing sewer shall
be performed in the presence of a County inspector.
3. Access to sewer manhole within the property must be provided at all times.
4. Final approval from this office is subject to conditions in items 2, 3.
5. Cross-section showing depth of sewer line in relation to court surface is required on
the grading plan.
6. The following signature block should be shown on the grading plan.
7. Show manhole stationing and project identification number for the existing sewer
line along the easement on the grading plan.
1
DEPARTMENT OF PUBLIC WORKS
CONSOLIDATED SEWER MAINTENANCE DISTRICT (CSMD)
Waiver and Agreement No.
Approved for grading, and encroachment over the sanitary sewer
easement only and not for design.
REVIEWED BY DATE
8. Submit Waiver and Agreement form with original with above signature bfpck for
signatures.
9. Add Title Block, Legend, Construction Notes and Vicinity Map per Los Angeles
County Standards.
If you have any questions, please contact James Hilovsky at (626) 300-3363.
Very.trufy yours,
DEAN EFSTATHIOU
Acting Director of Public Works
/ 7/7/V
May Hong
Associate Civil Engineer
Sewer Maintenance Division
•
Tue, Nov 11, 2008 1:11 PM
Subject: 3 Morgan Ln - Tennis Court
Date: Monday, November 10, 2008 12:04 PM
From: Eckert, Lisa <LECKERT@dpw.lacounty.gov>
To: "Yolanta Schwartz (E-mail)" <cityofrh@aol.com>
Cc: <rlackow@cityofrh.net>, <sd0328@aol.com>
Conversation: 3 Morgan Ln - Tennis Court
Per the report submitted by Bolton Engineering 11/5/08, the proposed location of the tennis court is
not in the natural course and is in fact nearly 20 vertical from it. Concurring with their findings, I have
no issues with the proposed location and recommend submittal of the drainage and grading plans for
review and approval.
Lisa Eckert
Drainage & Grading Section
L. A. County Building & Safe.
Lomita 31.0.534.3760
East L. A. .323.;i1.7030
;un.ter Hours T 8-1
02)
Page 1 of 1
01 0
Ms. Yo{antaSchwartz
City ofRolling Hills
Planning Director
Dear Ms. Schwartz,
VVelive at#IMorgan Lane adjacent tothe Douglas's House. VVehave reviewed the proposed plans to
expand the spodcourt into atennis court and have noobjection.
Very 1-iLily Yours.
Mr. VYiU|am(Hoover
Mrs. Sara Hoover
A
DATE:
TO:
FROM:
• Are a. L+e-rvi
1g-AI
��>�1G`•/ZINCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
NOVEMBER 18, 2008
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 766
3 MORGAN LANE (LOT 170-2-MS)
RA-S-2, 2.40 ACRES (GROSS)
SCOTT DOUGLAS
DOUGLAS MCHATTIE, BOLTON ENGINEERING
NOVEMBER 8, 2008
REQUEST AND RECOMMENDATION
Request for a Conditional Use Permit and Site Plan Review for grading to enlarge
and convert an existing sports court to a tennis court and a Variance to exceed the
maximum permitted disturbed lot area at a property developed with a single family
residence and accessory uses.
It is recommended that the Planning Commission review the staff report, open the
public hearing, consider the criteria for granting a Site Plan Review, CUP and a
Variance, take public testimony and schedule a field trip.
BACKGROUND
1. In 1989 the Planning Commission granted a Conditional Use Permit for a 3,520
square foot paddle tennis court on the subject property. The current owner, Scott
Douglas, proposes to enlarge the existing court by 3,440 square feet to create a 6,960
square foot regulation clay tennis court. A Conditional Use Permit is required for the
recreational court use and a Site Plan Review is required due to proposed grading,
subject to criteria in Zoning Ordinance Section 17.16.210 (A) (7) as noted in this report.
Fifty (50%) percent of the lot was previously disturbed. At the time the property was
graded there were no provisions for maximum disturbance. Therefore, the disturbance
of 50% of the lot is legal, nonconforming. However, the proposed project calls for
53.7% disturbance and requires a variance.
2. The property is currently developed with a 4,460 square foot residence with
816 square foot attached garage built in 1986, a 640 square foot swimming pool
ZC 766
3 Morgan Lane
Printed on Recycled Paper
• •
and 48 square foot pool equipment area (1987), covered porch, service yard and a
704 square foot stable (1990).
4. The property is zoned RAS-2. The gross lot area is 2.4 acres. The net lot
area for construction purposes is 1.96 acres or 85,600 square feet. In addition to
the RHCA roadway easement and three perimeter easements, the property has two
10-foot sanitary sewer easements and a 50-60 foot wide flood hazard area that
parallels the rear property line. A portion of the new proposed court area will be
located within one of the sewer easements and the flood hazard area.
The City has received input from Los Angeles County regarding these easements.
Regarding the sewer easement, on September 10, 2008 a letter was received from
the Los Angeles County Department of Public Works, approving the subject project
in concept, subject to the owner meeting a number of conditions. Prior to final
approval, the County will require that the owner record a "Waiver and Agreement"
that will ensure continued physical access to the underground sewer pipe and
surface manhole(s) on the property, letter enclosed.
On November 10, 2008 the City received an e-mail from the County Department of
Public Works drainage engineer tentatively approving the proposal to locate the
tennis court in a portion of the flood hazard area. The engineer based her
preliminary approval on a submitted report that shows that the new work, although
within the flood hazard area, will not be located in a natural drainage course, and
secondly, that the work will be at an elevation that is 20-feet above the nearest
natural drainage course, copy enclosed.
Both the sewer and drainage issues will be reviewed by the related County
agencies prior to approval of a construction permit.
MUNICIPAL CODE COMPLIANCE
5. The applicant proposes to enlarge an existing 3,520 square foot paddle
tennis court, resulting in a 6,960 square foot clay surface tennis court. A
maximum 4-foot tall wall will be constructed along the uphill interior side of the
court, and a fence, as approved by the RHCA, will wrap around the entire court.
The project requires a Conditional Use Permit for the recreational court use and a
Site Plan Review due to the grading. A Variance is required because the amount
of disturbed area, presently at 50%, exceeds the maximum 40% allowed and will
be increased to 53.7%.
6. The applicant proposes to cut/fill 336 cubic yards (673 cubic yards total) on
the east and west sides with a maximum 2:1 slope to accommodate the new tennis
court. Existing steps and some vegetation will be removed, and to restore access
from the pool area above, the applicant will construct a 688 square foot concrete
deck and stairway connecting the deck and court below. All earth material will be
balanced and retained on -site.
ZC 766
3 Morgan Lane
0
• •
7. There are three building pads on the property: a 20,480 square foot pad
for the residence (30.4% pad coverage), a 3,520 square foot pad for the existing
court (100% coverage), and 1,280 square foot pad for the stable (55%
coverage). The proposed pad for the tennis court will also have 100% coverage.
Although the pad for the stable exceeds the guideline of maximum 30%
coverage, it is not proposed to be altered or expanded, and the increase in the
size of the recreational court pad is the minimum necessary to achieve the goal
of a regulation tennis court.
8. The structural lot coverage is proposed at 13,724 square feet or 16%,
which includes all the structures, including the enlarged court, (20% permitted);
and the total lot coverage including the structures and paved areas is proposed
to be 22,006 square feet or 25.7%, (35% permitted).
9. With the project, 45,970 square feet or 53.7% of the lot will be disturbed,
an increase of 3.7% compared to existing, (40% permitted).
10. Section 17.16.210 (A)(7) of the Zoning Ordinance contains conditions for
recreational game courts, subject to approval of a use permit. These conditions,
listed below, are intended to ensure that such structures: are ancillary recreational
uses, do not eliminate an existing or future development for a stable, do not
create visual or other impacts and blend in with the existing topography and
landscape or views. The proposal will be in compliance with the special game
court criteria, as follow:
a. There will be no changes to an existing 704 square foot stable structure.
b. The proposal retains the existing game court topographic elevation (66.7
finished surface) and location towards the rear. The court will not be
located in a front yard or setback and is significantly distant from a street
easement.
c. The proposed expanded court is not at the bottom or side of a canyon or
on a slope exceeding a grade of 2:1. The proposed court expansion will
not be in the path of a natural drainage course, as confirmed by the County
grading engineer.
d. The amount of grading (672 cubic yards total) will not exceed 750 cubic
yards and will be balanced on -site, and the area to be graded will be less
than 10,000 square feet.
e. A retaining wall proposed on the uphill side will not exceed 4 feet, and will
be visible only from the interior of the court. A tennis court fence along the
perimeter as well as landscaping will provide screening. The court is not
expected to be visible to surrounding properties due to slope conditions,
ZC 766
3 Morgan Lane
• •
vegetation, as well as its distance from neighboring homes (see plan
submitted by landscape architect).
f. No lighting is proposed.
g.
The project will result in total lot coverage of 25.7%, which conforms to the
maximum 35% allowed.
11. Although the court area will be expanded, its entire surface will have a
pervious clay material, which improves drainage. The plan also provides for
installation of two inlets to collect water along the outer edge of the court and
direct it through a 6-inch pipe to a dissipater at the base of the slope behind the
court. This will prevent erosion of the slope below the court.
12. One letter dated October 12, 2008 was received from a neighbor in support
of the project, copy enclosed.
CONCLUSION
13. When reviewing a development application the Planning Commission
should consider whether the proposed project is consistent with the City's
General Plan; incorporates environmentally and aesthetically sensitive grading
practices; preserves existing mature vegetation; is compatible and consistent
with the scale, massing and development pattern in the immediate project
vicinity; and otherwise preserves and protects the health, safety and welfare of
the citizens of Rolling Hills.
14. A tennis court is a use that requires a conditional use permit and must
meet certain criteria as set by the State Zoning and Planning Law. In reviewing a
CUP the Planning Commission must find that the use is consistent with the
General Plan and development standards of the City, including provision for open
space and maintaining rural environment and that the use will not adversely affect
adjacent properties.
15. With respect to the Conditional Use Permit, the applicant's representative
states that the location of the proposed tennis court is the most ideal on the lot, as
it is presently the site of a similar although smaller sport court. The location will
not obstruct views or be a nuisance to other residences and is isolated from other
properties. With respect to the Site Plan Review, the applicant's representative
states that the proposed grading is the minimum needed to create a regulation
size court while maintaining all slope, drainage, setback and other requirements.
16. In response for justification for the Variance request to exceed the
maximum permitted disturbed area, the applicant's agent states that the current
disturbance is over the maximum permitted. The additional disturbance is the
minimum necessary to expand the existing paddle tennis court to a regulation
0
ZC 766
3 Morgan Lane
sized tennis court and the existing stable and residence pads are not proposed to
be expanded. The property overall, with a 4,460 square foot home, swimming
pool, 704 square foot stable and with the expansion of the existing court to 6,690
square feet, will have a total of 16% structural coverage which is not excessive.
OTHER AGENCIES APPROVAL
17. Rolling Hills Community Association will review this project at a later date.
18. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
CITY OF ROLLING HILLS ZONING ORDINANCE DEVELOPMENT
STANDARDS FOR TENNIS COURTS - SECTION 17.16.210- 7
Recreational Game Courts. Tennis, racquetball and squash courts, and
any other fenced, enclosed, paved or hard -surfaced areas used for recreational
purposes shall adhere to the following conditions:
a. A legally required and accessible stable and corral area shall be
provided on the site in accordance with Section 17.16.010(A);
b. A game court shall not be located in the front yard or any setback;
c. A game court shall not be located within fifty feet of any paved road
or street easements;
d. Retaining walls constructed for a game court shall not exceed four
feet in height at any point along the wall; retaining walls shall not be exposed to
the exterior; and if necessary to minimize the visual impact, the game court
surface shall be inset or sunken below grade;
e. The construction of the proposed game court shall conform to the
lot coverage limitations as set forth in Section 17.16.070;
f. A game court shall not be located on a slope that exceeds a 2:1
grade;
g. A game court shall not be located on the side or bottom of a canyon
or in the path of a natural drainage course;
h. When grading is required for a game court, cutting and filling shall
be balanced on site and shall not exceed a total cut and fill of seven hundred fifty
cubic yards;
When grading is required for a game court, cutting and filling shall
be balanced on site and shall not exceed ten thousand square feet;
j. The existing topography, flora and natural features of the site shall
be retained to the greatest extent possible;
k. Drainage systems shall be incorporated into the game court and
shall be approved by the City Engineer;
A game court shall be adequately screened on all four sides;
m. Landscape screening shall include native or other drought -tolerant
mature trees and shrubs, which shall be maintained in a healthy condition. The
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0
• •
landscape screening shall not exceed the mature height determined by the
Planning Commission or City Council and shall be approved in accordance with
the site plan review process pursuant to Chapter 17.46;
n. Landscaping shall not interfere with the viewscape of surrounding
properties or easements pursuant to Chapter 17.26;
o. Game court lighting shall not be permitted;
p. Design and construction of a game court shall include methods to
mitigate visual and noise impacts.
Zoning Case 766
SITE PLAN REVIEW II
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 ft. from side property line
Rear: 50 ft. from rear property line
STRUCTURES
Site Plan Review required if size of
structure increases by at least 1,000 sq.ft.
and has the effect of increasing the size
of the structure by more than 25% in a
36-month period.
GRADING
Site Plan Review required if excavation
and/or fill or combination thereof that is
more than 3 feet in depth and covers
more than 2,000 sq.ft.) must be balanced
on -site.
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE (30%
maximum -guideline)
Residential
Tennis Court
Stable
Combined
DISTURBED AREA
(40% maximum; any graded building pad
area, any remedial grading (temporary
disturbance), any graded slopes and
building pad areas, and any nongraded
area where impervious surfaces exist.)
STABLE (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
EXISTING
II PROPOSED
SINGLE FAMILY RESIDENCE AND TENNIS COURT
ACCESSORY STRUCTURES (SPR, CUP and VARIANCE)
Residence
Garage
Stable
Service yard
Pool
Pool eqpm.
Court
TOTAL
N/A.
21.2%
21.1%
4460 sq.ft.
816 sq.ft
704 sq.ft
96 sq.ft
640 sq.ft
48 sq.ft.
3520 sq. ft.
Residence
Garage
Stable
Service yard
Pool
Pool eqpm.
Court
10,444 sq.ft. I TOTAL
672 cubic yd
336 cubic yd cut / 336 cubic yd fill
29.6% of 20,480 sq. ft. pad
100% of 3,520 sq. ft. pad
55% of 1,280 sq. ft. pad
40.6% of 25,280 sq. ft. pads
50%
704 sq. ft. plus over 550 sq. ft.
corral
From path off north side of home
Existing driveway approach from
Morgan Lane.
I N/A
I N/A
4460 sq.ft.
816 sq.ft.
704 sq.ft.
96 sq.ft.
640 sq.ft.
48 sq.ft.
6960 sq.ft
13,884 sq.ft
116% of 85,600 sq.ft. net lot area
25.7% of 85,600 sq.ft. net lot area
29.6% of 20,480 sq. ft. pad
100% of 6960 sq. ft. pad
55% of 1280 sq. ft. pad
47.8% of 28,720 sq.ft. of pads
53.7%
1704 sq. ft. plus over 550 sq. ft. corral
IFrom path off north side of home
Existing driveway approach from
Morgan Lane.
I Planning Commission review.
I Planning Commission review.
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SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage permitted
depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls);
5. Grading has been designed to follow natural contours of the
site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought -tolerant landscaping which is
compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
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3 Morgan Lane
CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT:
17.42.050 Basis for approval or denial of conditional use permit.
The Commission (and Council on appeal), in acting to approve a conditional use
permit application, may impose conditions as are reasonably necessary to ensure the
project is consistent with the General Plan, compatible with surrounding land use, and
meets the provisions and intent of this title. In making such a determination, the hearing
body shall find that the proposed use is in general accord with the following principles
and standards:
A. That the proposed conditional use is consistent with the General Plan;
B. That the nature, condition and development of adjacent uses, buildings and
structures have been considered, and that the use will not adversely affect or be
materially detrimental to these adjacent uses, building or structures;
C. That the site for the proposed conditional use is of adequate size and shape
to accommodate the use and buildings proposed;
D. That the proposed conditional use complies with all applicable
development standards of the zone district;
E. That the proposed use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities;
F. That the proposed conditional use observes the spirit and intent of this
title.
SOURCE: City of Rolling Hills Zoning Ordinance
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone but
which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
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• 3UNTY OF LOS ANALES
DEPARTMENT OF PUBLIC WORKS
'To Enrich Lives Through Effective and Caring Service"
DEAN D. EFSTATHIOU, Acting Director
September 10, 2008
Mr. Doug Austin
JCC Homes, LLC
263? W. 237th St., Suite 201
Torgance, CA 90505
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (626) 458-5100
http://dpw.lacounty.gov
ENCROACHMENT ON SANITARY SEWER EASEMENT
#3 MORGAN LANE
CIT'( OF ROLLING HILLS
ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE: SM.1
Your request for permission to perform work over our sanitary sewer easement is
approved in accordance with the following conditions:
1. , Obstructing access to facility is prohibited. No object which is difficult of removal
shall be located over the sewer easement as to interfere with the ready access to
sewer facilities. (Section 20.24.140). See enclosed "Waiver and Agreement" for
recordation.
2. Any damage to the sewer line shall be the responsibility of the contractor/owner. All
grading and construction occurring over and the vicinity of the existing sewer shall
be performed in the presence of a County inspector.
3. Access to sewer manhole within the property must be provided at all times.
4. ; Final approval from this office is subject to conditions in items 2, 3.
5. Cross-section showing depth of sewer line in relation to court surface is required on
the grading plan.
6. The following signature block should be shown on the grading plan.
7. Show manhole stationing and project identification number for the existing sewer
line along the easement on the grading plan.
• •
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
SOURCE: City of Rolling Hills Zoning Ordinance
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3 Morgan Lane
• •
DEPARTMENT OF PUBLIC WORKS
CONSOLIDATED SEWER MAINTENANCE DISTRICT (CSMD)
Waiver and Agreement No.
Approved for grading, and encroachment over the sanitary seWer
easement only and not for design.
REVIEWED BY DATE
8. Submit Waiver and Agreement form with original with above signature block for
signatures.
9. Add Title Block, Legend, Construction Notes and Vicinity Map per Los Ingeles
County Standards.
If you have any questions, please contact James Hilovsky at (626) 300-3363.
Very truly yours,
DEAN EFSTATHIOU
Acting Director of Public Works
May Hong
Associate Civil Engineer
Sewer Maintenance Division
Tue, Nov 11, 2008 1:11 PM
Subject: 3 Morgan Ln - Tennis Court
Date: Monday, November 10, 2008 12:04 PM
From: Eckert, Lisa <LECKERT@dpw.lacounty.gov>
To: "Yolanta Schwartz (E-mail)" <cityofrh@aol.com>
Cc: <rlackow@cityofrh.net>, <sd0328@aol.com>
Conversation: 3 Morgan Ln - Tennis Court
Per the report submitted by Bolton Engineering 11/5/08, the proposed location of the tennis court is
not in the natural course and is in fact nearly 20 vertical from it. Concurring with their findings, I have
no issues with the proposed location and recommend submittal of the drainage and grading plans for
review and approval.
Lisa Eckert
Drainage & Grading Section
L. A. County Building & Safety
Lomita 31.0.534.3760
East L. A. 323.881.7030
Counter Hours: T 8-12 Lomita,
Th 8-12 ELA
Page 1 of 1
October 12, 2008
Ms. Yolanta Schwartz
City of Rolling Hills
Planning Director
Dear Ms. Schwartz,
We live at #1 Morgan Lane adjacent to the Douglas's House. We have reviewed the proposed plans to
expand the sport court into a tennis court and have no objection.
Very Truly Yours,
Mr. William Hoover
Mrs. Sara Hoover