655, Construct a sport court, Resolutions & Approval ConditionsRECORDING REQUESTED BY AND
MAIL TO
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
The Registrar -Recorder's Office requires that the form be notarized before recordation.
AFFIDAVIT f) F ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
ZONING CASE NO. 655
03 0737186
T Recorder's Use Only
SITE PLAN REVIEW X X
VARIANCES
CONDITIONAL USE PERMIT XX
LOT LINE ADJUSTMENT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
3 MIDDLERIDGE LANE NORTH ROLLING HILLS, CA (LOT 11-MR)
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 655.
SITE PLAN REVIEW
VARIANCES
CONDITIONAL USE PERMIT :>
LOT LINE ADJUSTMENT
(We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
/kJ ILO
Signature(]
Megan�'i 1 IPA
Name t p d or printed ^ 1
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A ress
City/State
Signatures must be acknowledged by a notary public.
(I S (A. gbar-7L
State of California )
County of Los Angeles )
Signature
Name typed or printed
Address
City/State
XX
XX
On Fe& ('. 1.003 before me, R . COWt14.11 NO TJi p t1 61 r c i e
personally appeared He 411 n/ Iv/LC-CC
perso.niZ+afrie a (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name() is/ee":
subscribed to the within instrument and acknowledged to me that the/tom executed the same in,4+str1er/tpeiir authorized
cappa ity( n tab er KirAi nature(aron the instrument the person,(e), or the entity upon behalf of which the
j11rT5 " �R�; c e , exe u w strumer
COMM. #1378459
NOTARYPUBLIC - CALIFORNIA
LOS ANGELES COUNTY to
My Comm. Expires Nov. 3, 2006 k
a v v v v v v v v v v v v
Witness by hand and official seal.
•
Signature of Notary
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
• .
RESOLUTION NO. 2003-01
03 0737186
-K/110/7-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR
GRADING AND A CONDITIONAL USE PERMIT TO CONSTRUCT A
SPORTS COURT AT AN EXISTING SINGLE FAMILY RESIDENCE AT 3
MIDDLERIDGE LANE NORTH (LOT 11-MR) IN ZONING CASE NO.
655 (TILLES).
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. and Mrs. Tilles with respect
to real property located at 3 Middleridge Lane North (Lot 11-MR), Rolling Hills,
requesting a Site Plan Review and a Conditional Use Permit to construct a sports court,
which requires grading, at an existing single family residence.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on November 18, 2002, December 17, 2002, and at a field trip
visit on December 14, 2002. The applicants were notified of the public hearings in
writing by first class mail. Evidence was heard and presented from all persons interested
in affecting said proposal, from all persons protesting the same, and from members of
the City staff and the Planning Commission having reviewed, analyzed and studied said
proposal. The applicants were in attendance at the hearings.
Section 3. The Planning Commission finds that the project will not have a
significant effect on the environment, and is therefore not subject to the California
Environmental Quality Act (CEQA).
Section 4. 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. With respect to
this request for a Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the construction of a sports
court would be consistent with the purposes and objectives of the Zoning Ordinance
and General Plan and will be desirable for the public convenience and welfare because
the use is consistent with similar and appropriately located uses in the community, and
the area proposed for the sports court would be located in an area on the property that
is on a pad below the residential building pad and will not be visible from any neighbor
or roadway, and will not have a material impact on that property:
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a 2,394 square foot sports
court will not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures because the proposed sports court will be modest in size,
constructed on a portion of the secondary building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and shrubs,
RESOLUTION NO. 2003-01 1
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03 0`737186
is of sufficient distance from nearby residences so that the sports court 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 located on property
that is adequate in size, shape and topography to accommodate such use.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the graded area will not exceed maximum graded
areas of 10,000 square feet and does not exceed the maximum permitted cubic yardage
of 750 cubic yards.
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 because a stable structure and corral is located across the street from
the main residence and is accessible from Middleridge Lane North.
Section 5. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Conditional Use application for Zoning
Case No. 655 for the proposed sports court, subject to the conditions contained in
Section 8 of this Resolution.
Section 6. Section 17.46.020(A)(1) requires a Site Plan Review for grading
projects requiring a grading permit. With respect to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
A. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General Plan establishes the maintenance of
strict grading practices to preserve the community's natural terrain. The Building Code
and the Zoning Ordinance require a balanced cut and fill ratio and do not permit
import or export of soil, except under special circumstances applicable to a property
and with a discretionary permission by the Planning Commission. The project conforms
to Zoning Code setback and lot coverage requirements.
B. The proposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land -forms (such as
hillsides and knolls). Although grading of the existing slope is necessary to construct
the sports court only approximately 6,200 square feet of the 61,655 square feet of the
gross lot area of the lot will be affected by the grading. The development plan
substantially preserves the natural and undeveloped state of the lot by minimizing
building coverage because the new structure will not cause the lot to look
RESOLUTION NO. 2003-01 2
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03 0737186
overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain
open space on the property. The nature, condition, and development of adjacent uses,
buildings, and structures and the topography of the lot have been considered, and the
construction of the sports court will not adversely affect or be materially detrimental to
the adjacent uses, buildings, or structures because the proposed sports court will be
constructed on a portion of the lot which is the least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs is a sufficient
distance from nearby residences and the street so that proposed structure 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 proposed development is harmonious in scale and mass with the site,
the natural terrain and surrounding residences. As indicated in Paragraph A, the lot
coverage maximum set forth in the Zoning Code will not be exceeded and the proposed
project is consistent with the scale of the neighborhood.
D. The development plan follows natural contours of the site to the
maximum extent feasible. The natural drainage courses will be preserved. The existing
large trees will be preserved, as well as the mature brush located below the proposed
sports court.
E. The development plan will be based upon compliance with the conditions
contained in this Resolution, supplement the existing vegetation with landscaping that
is compatible with and enhances the rural character of the community. Upon
completion of the project the graded areas will be re -vegetated.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
project does not affect the circulation for pedestrians and vehicles.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt from its requirements.
Section 7. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves the Site Plan request for Zoning Case No.
655 subject to the conditions specified in Section 8 of this Resolution.
Section 8. The Conditional Use Permit approved in Section 5 and the Site Plan
Review approved in Section 7 of this Resolution regarding the construction of a 2,394
square foot sports court and grading for the sports court as shown on the Development
Plan dated November 5, 2002 and marked Exhibit A, are subject to the following
conditions:
A. The Conditional Use Permit and Site Plan Review approvals shall expire
within one year from the effective date of this approval as defined in Sections
17.42.070(A) and 17.46.080(A) of the Municipal Code unless otherwise extended
pursuant to the requirements of these sections.
RESOLUTION NO. 2003-01 3
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B. It is declared and made a condition of this approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has 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 of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise approved by a Variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A dated November 5, 2002, except as otherwise
provided in these conditions.
E. An Erosion Control Plan containing the elements set forth in Section
7010 of the 2001 County of Los Angeles Uniform Building Code shall be prepared
to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
F. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and corral with
vehicular access thereto in conformance with recreation court limitations.
G. Structural lot coverage shall not exceed 8,088 square feet or 19.0% and
total lot coverage of structures and paved areas, including the sports court, shall not
exceed 10,721 square feet or 25.2% in conformance with lot coverage limitations.
H. Coverage on the 2,611 square foot sports court pad shall not exceed 2,394
square feet or 91.7%. The residential building pad shall not be affected by this approval.
I. The disturbed area of the lot shall not exceed 16,524 square feet or 38.9%.
J. The area prepared for the sports court shall not exceed 6,200 square feet.
K. Balanced cut and fill shall not exceed a total of 590 cubic yards in
accordance with grading limitations.
L. A drainage system approved by the City Engineer shall be incorporated
into the overall plan of the sports court and landscaping.
M. Court lighting shall not be permitted.
N. All retaining walls incorporated into the court shall not be greater than
four (4) feet in height at any point. Exposed exterior retaining walls shall not be
permitted, and shall be screened with landscaping. Building permits shall be obtained
for the retaining walls:
RESOLUTION NO. 2003-01 4
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03 0737186
O. The sports court fencing shall not exceed 4 feet in height above the 4-foot
high retaining walls for a total of 8 feet.
P. The sports court shall be screened on all four sides with drought -resistant
mature trees and shrubs. In addition, all graded areas shall be re -vegetated utilizing to
the greatest extent feasible mature native and drought resistant plants.
Q. Landscaping shall be designed using mature trees and shrubs so as not to
obstruct views of neighboring properties but to obscure the sports court.
R. The landscape plan shall include water efficient irrigation, to the
maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes
automatic controllers, incorporates an irrigation design using "hydrozones," considers
slope factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray in accordance with Section 17.27.020 (Water
efficient landscaping requirements) of the Rolling Hills Municipal Code.
S. Prior to the issuance of any building or grading permit two copies of a
preliminary landscape plan shall be submitted for review by the Planning Department
and include native drought -resistant vegetation that will not disrupt the impact of the
views of neighboring properties. The landscaping plan submitted must comply with the
purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature
trees and native vegetation, and shall utilize to the maximum extent feasible, plants that
are native to the area and/or consistent with the rural character of the community.
A security in the amount of the cost estimate of the implementation of the landscaping
plan plus 15% shall be required to be posted prior to issuance of a drainage, grading
and building permits and shall be retained with the City for not less than two years
after landscape installation. The retained security will be released by the City Manager
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 condition.
T. Noise from sports court use shall not create a nuisance to owners of
surrounding properties.
U. The three rail fence located in the easement on the north side of the
property shall be relocated, so it does not obstruct the easement.
V. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
W. During construction, conformance with local ordinances and engineering
practices so that people orproperty are not exposed to landslides, mudflows, erosion,
or land subsidence shall be required.
RESOLUTION NO. 2003-01 5
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X. During construction, conformance with the 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, objectionable odors, landslides, mudflows, erosion, or
land subsidence shall be required.
Y. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall prevent water from permeating the sports court building
pad, protect the building pad from erosion, and direct surface water to the canyon.
Z. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
AA. During and after construction, all parking shall take place on the project
site.
AB During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
AC. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater drainage facilities.
AD. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
AE. A detailed drainage plan that conforms to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills Planning
Department staff for their review.
AF. The project must be reviewed and approved by the Rolling Hills
Community Association prior to the issuance of any drainage, building or grading
permit.
AG. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan described in
Condition C above.
AH. The applicant shall execute an Affidavit of Acceptance of all conditions of
this Conditional Use Permit and Site Plan approval, pursuant to Section 17.42.060 or the
approval shall not be effective.
RESOLUTION NO. 2003-01 6
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03 0737186
AI. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional grading or structural development, shall require the filing of a new
application for approval by the Planning Commission.
AJ. All conditions of this Conditional Use Permit and Site Plan approval must
be complied with prior to the issuance of a building or grading permit from the County
of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 21ST DAY OF JANUARY 2003.
iWI 1 "/(-)
EVIE HANKINS, CHAIRWOMAN
ATTEST:
MARILYN RN, DEPUTY CITY CLERK
RESOLUTION NO. 2003-01 7
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-01 entitled:
03 0737186
1c2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR GRADING AND A
CONDITIONAL USE PERMIT TO CONSTRUCT A SPORTS COURT AT AN EXISTING
SINGLE FAMILY RESIDENCE AT 3 MIDDLERIDGE LANE NORTH (LOT 11-MR) IN
ZONING CASE NO. 655 (TILLES).
was approved and adopted at a regular meeting of the Planning Commission on
January 21, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Margeta, Witte, Sommer
and Chairwoman Hankins.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Kwemed
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2003-01 8