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395, Construct a sport court, CorrespondenceC1i 0//e0/.4 JhIto April 7, 1992 Mr. Gerry Ginsberg 3 Morgan Lane Rolling Hills, CA 90274 SUBJECT: ,ZONING CASE NO. 395_ PADDLE TENNIS COURT SCREENING Dear Mr. Ginsberg: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 It has come to the attention of the Planning Department that the required screening for the paddle tennis court approved by Planning Commission Resolution No. 89-17, July 8, 1989 (attached), is not in compliance. Section 8, Paragraph G of the Resolution requires screening of the paddle tennis court, a landscape .plan and a bond in the amount of the cost estimate for the landscaping plus 15%. Section 17.16.011.E of the Rolling Hills Municipal Code allows a Conditional Use Permit to be granted under certain conditions. And, Section 17.32.120 of the Code states that after a public hearing, the Planning Commission may revoke or modify any Variance or Permit issued on any one of the following grounds: "A. That the approval was obtained by fraud; "B. That the permit or variance granted is being or recently has been exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; "C. That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. Ord. 188 (part), 1981: Ord.33,SS6.12, 1960." You are formally requested to provide 2 sets of landscaping plans, a cost estimate and a bond that complies with the Resolution at once and to contact this office within the next twenty days. If we do not receive a response from you within that period, we have no alternative but to arrange a public hearing before the Planning Commission to revoke or modify your Conditional Use Permit. r PAGE 2 You may call me at (310) 377-1521 if you have any questions and I will be happy to meet with you. Your cooperation is appreciated. Yours truly, LOLA UNGAR PRINCIPAL PLANNER cc: .Craig Nealis, City Manager •Michael Jenkins, City Attorney Peggy Minor, Rolling Hills Community Association Manager RESOLUTION NO. 89-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT IN ZONING CASE NO. 395 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Gerry Ginsberg with respect to real property located at 3 Morgan Lane, Rolling Hills (Lot 170-2-MS) requesting a conditional use permit and site plan review approval for a paddle tennis court on the property. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on May 16, 1989 and June 20, 1989, and conducted a field site review on June 6, 1989. Section 3. Section 17.16.012(E) of the Municipal Code requires a conditional use permit for construction of a paddle tennis court. Section 4. The Planning Commission finds that: A. The parcel on which the paddle tennis court is to be located does contain an area of sufficient size to also provide an area meeting all standards for a stable and corral with vehicular access thereto. B. front yard and road or street are less create a maximum The paddle tennis court will not be located in the will be located more than fifty feet from the easement line. C. The retaining walls incorporated into the court than four feet in height at any one point. D. The construction of a paddle tennis court will structural lot coverage of 9.3% which is within the 20% structural lot coverage requirement. E. The paddle tennis court is not being located on the sides or bottoms of. canyons or natural drainage courses. require F. All any infill G. The feet which is less proposed grading will be balanced or removal of soil from the site. area graded for the court will be than the ten thousand square foot so as to not 2.450square maximum. 890707 jlw 1680020 2 • • H. The height of the fencing will not be excess of six (6) feet so as to minimize the obtrusiveness of the structure. I. The proposed court is sited so as to not impair the viewscape of owners of surrounding property. Section 5. On the basis of the foregoing findings, the conditional use permit for a paddle tennis court on real property located at 3 Morgan Lane, (Lot 170-2-MS) Zoning Case No. 395, is hereby approved subject to the conditions set forth in Section 8 of this Resolution. Section 6. Section 17.34.010 requires a development plan to be submitted for site plan review and approval before any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by more than twenty-five (25%) percent in any thirty-six (36) month period. of fact: Section 7. The Commission makes the following findings A. The proposed paddle tennis court is compatible with the General Plan in that it is consistent with the Recreation Element of the General Plan providing for outdoor recreational facilities and activities on private properties. The proposed paddle tennis court complies with the setback requirements of the Municipal Code. The property is located in the RAS-2 zone and has a total net square footage of 88,120 square feet. The total structural lot coverage, including the paddle tennis court, will be 8,157 square feet which constitutes 9.3% of the total lot, which is within the 20% maximum structural lot coverage requirement. The total lot coverage is 15,025 which equals 17.1% which is within the 35% maximum lot coverage requirement. B. The proposed paddle tennis court design preserves and integrates, to the maximum extent feasible, the natural topographic features of the lot. The project involves grading of a small portion of an existing backyard area. Minimal native vegetation and mature trees exist in that area,. Any modification to the drainage courses will be designed so as to redirect drainage flow into the existing drainage courses. C. The proposed project follows the natural contours of the site to minimize grading. Recontouring of the existing terrain will be limited to creating a -2- 890707 jlw 1680020 2 • • building pad for the court area as specified on Exhibit A attached hereto. There will be some minimal grading on the slope to accommodate the court pad area. The project, as modified, will include a landscaping plan to create a visual buffer to the maximum extent possible between the court from surrounding residences. D. The project preserves native vegetation by avoiding the removal of any native trees or specimen size shrubs. E. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The total structural lot coverage including the proposed paddle tennis court will be 8,157 square feet constituting 9.3% of the total lot, which is within the 20% maximum structural lot coverage requirement. The proposed paddle tennis court will be located a minimum of 150 feet from the nearest residence. F. The proposed project is harmonious in scale and mass with the site, the natural terrain and the surrounding residential uses as evidenced by the lot coverage data indicated in paragraphs A and E. The proposed court will be cut into the uphill slope of the property and will be enclosed by a six (6) foot high fence. This design reduces the vertical projection of the court from ground level. G. The project conforms with the requirements of the California Environmental Quality act and is categorically exempt from environmental review. Section 8. Based as to foregoing findings, the Commission hereby approves the site plan review application for a proposed paddle tennis court as described on the Development Place attached hereto as Exhibit "A" to be located at 3 Morgan Lane subject to the following conditions: A. If any provision of this Conditional Use Permit is held or declared to be invalid, the permit shall be void and the privileges granted thereunder shall lapse. B. It is declared and made a condition of the Permit that if any conditions thereof are violated, or if any law, statute or ordinance is violated, the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease -3- 890707 jlw 1680020 2 • such violation and has failed to do so for a period of thirty (30) days. C. Any modification to the proposed project which would cause the project to not be in compliance with the development plan as approved by the Planning Commission, shall require the filing of an application for modification of the development plan to be submitted for review pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. D. The working drawings submitted to the County Department of Building and Safety for plan check must conform to the development plan approved by the Planning Commission. E. The maximum height of the fence surrounding the court shall be no more than six (6) feet measured from the paddle tennis court surface level. F. The paddle tennis court will conform and be constructed pursuant to the restrictions contained in Section 17.16.012(E) of the Rolling Hills Municipal Code. G. A landscaping plan must be submitted to the City of Rolling Hills Planning Department staff for approval. The plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. The landscaping plan shall incorporate existing mature trees and native vegetation and shall comply with the requirements for screening as required by Section 17.16.012(E)(11) of the Rolling Hills Municipal Code. A bond in the amount of the cost estimate for the landscaping plus 15% shall be posted and retained with the City for not less than two years after landscape installation. The retained bond will be released by the City after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good -4- 890707 jlw 1680020 2 • condition. The landscaping which is required shall be perpetually maintained. PASSED, APPROVED AND ADOPTED this 8th day of July , 1989. /s/ Allan Roberts Chairman ATTEST: Deputy Ci y Clerk -5- 890707 jlw 1680020 2 Gerry R. Ginsberg 3 Morgan Lane Rolling Hills, California 90274 April 22,1992 1015101a) APR 2 3 1992 CITY OF ROLLING HILLS 13y Ms. Lola Ungar Principal Planner City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Zoning Case No. 395 Paddle Tennis Court Screening Dear Ms. Ungar: As we discussed, I was quite surprised to learn that my paddle tennis court screening is not in compliance with the Planning Commission resolution wherein its construction was approved. We have always attempted to comply with the rules and regulations of Rolling Hills and built a paddle tennis court only after being told that a full tennis court would not be permitted. The court is located behind the building pad and cannot be seen at street level or from No. 5 Morgan Lane. It can be partially seen at No. 1 Morgan Lane. I have spoken with Mrs. Hoover of No. 1 Morgan Lane who advises me that she has no objection. I am also meeting with Rancho Verdes Landscaping to see what landscaping can be provided at reasonable cost, but in view of the fact that the Hoovers have no objection, I would request that a waiver be granted. Again, I enjoyed speaking with you and I appreciate your assistance in helping resolve this matter. Please phone me at your convenience if you have any further questions. Very t ly your GERRY ". GINSBERG • • FA:h- Cry 0/12 /fi„y April 7, 1992 Mr. Gerry Ginsberg 3 Morgan Lane Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 395 PADDLE TENNIS COURT SCREENING Dear Mr. Ginsberg: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 It has come to the attention of the Planning Department that the required screening for the paddle tennis court approved by Planning Commission Resolution No. 89-17, July 8, 1989 (attached), is not in compliance. Section 8, Paragraph G of the Resolution requires screening of' the paddle tennis court, a landscape plan and a bond in the amount of the cost estimate for the landscaping plus 15%. Section 17.16.011.E of the Rolling Hills Municipal Code allows a Conditional Use Permit to be granted under certain conditions. And, Section 17.32.120 of the Code states that after a public hearing, the Planning Commission may revoke or modify any Variance or Permit issued on any one of the following grounds: "A. That the approval was obtained by fraud; "B. That the permit or variance granted is being or recently has been exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; "C. That the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. Ord. 188 (part), 1981: Ord.33,SS6.12, 1960." You are formally requested to provide 2 sets of landscaping plans, a cost estimate and a bond that complies with the Resolution at once and to contact this office within the next twenty days. If we do not receive a response from you within that period, we have no alternative but to arrange a public hearing before the Planning Commission to revoke or modify your Conditional Use Permit. PAGE 2 You may call me at (310) 377-1521 if you have any questions and I will be happy to meet with you. Your cooperation is appreciated. Yours truly, LOLA UNGAR PRINCIPAL PLANNER cc: Craig Nealis, City Manager Michael Jenkins, City Attorney Peggy Minor, Rolling Hills Community Association Manager