550, Grading for a lower level flat, Resolutions & Approval ConditionsRECORDING REQUESTED BY AN IL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
Recorder's Use
Please record this form with the Registrar -Recorder's Office and return to:
City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be notarized before recordation).
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) § §
CITY OF ROLLING HILLS )
ZONING CASE NO.550 SITE PLAN REVIEW ❑
VARIANCE ■
CONDITIONAL USE PERMIT ■
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
12 OUTRIDER ROAD (LOT 74-EF)
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.550
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT 1
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Print --� Print 1
Owner_,�L� J 7& 2/ -4 Owner/ " 6y�
Si naturJ r CL /J--Sign
Name
Address 1.2 c-'- ,2 RD ! A
Addre
& i i Y--I "npt
City/State i—L1ja. I-1 City/State _N.A/1�LLc- 1L 4 (f [_t-e C.-A___c_taz%`]?
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles ))
On use (1). 19//before me, Parr t( Oar (a-rd
personally appeared LU V I GI )a k / r. d 1 _ r Yl P Ta b Gi.h
[ ] Personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
Witness by and and officiaj seal.
MARY M GARLAND
Comm. # 1098090 ►►�fl
NOTARY PUBLIC-CALIFORNIA VI
Los Angeles County '
My Comm. Expires May 15,2000r¢
ignature of Notary
See Exhibit "A" attached hereto
and made a part hereof
97 1083039
•
RESOLUTION NO. 97-8
1('/8 /T /, le
3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO PERMIT THE
ENCROACHMENT OF A SPORTS COURT INTO THE REAR YARD
SETBACK AND GRANTING A CONDITIONAL USE PERMIT FOR
THE CONSTRUCTION OF A SPORTS COURT AT A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 550.
THE PLANNING COMMISSION OF THE CITY OF ROLLING DILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs. David Tabah with
respect to real property located at 12 Outrider Road, Rolling Hills (Lot 74-EF)
requesting a Variance to permit an encroachment into the rear yard setback to
construct a sports court and requesting a Conditional Use Permit for the
construction of the same sports court at an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on March 18, 1997 and April 15, 1997, and at a
field trip visit on April 5, 1997.
Section 3. On February 24, 1997, Planning staff prepared an initial study for
the project. The initial study found that the project would not have a significant
effect on the environment. A Negative Declaration was prepared and was circulated
to the applicant and other interested parties in accordance with State of California
CEQA Guidelines. The public notice of the Planning Commission's intent to
recommend approval of the Negative Declaration was published on February 27,
1997. Copies of the Negative Declaration were sent to adjacent cities and other
government agencies. No comments on the Negative Declaration were received.
The Planning Commission finds that the project will not have a significant effect on
the environment and adopted a Negative Declaration in accordance with the
California Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity.
Section 17.16.130 requires a rear yard setback for every residential parcel in the RA-S
zone to be fifty (50) feet. The applicant is requesting to construct a 2,450 square foot
sports court which will encroach a maximum, of eighteen (18) feet into the fifty (50)
foot rear yard setback. With respect to this request for a Variance, the Planning
Commission finds as follows:
RESOLUTION NO. 97-8
PAGE 1
97 10.83039
•
•
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 because the lot is irregular in shape
and the proposed sports court pad is located on a hillside slope within the rear yard
and away from the street.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question. The Variance is necessary because
there is a nearby tennis court, there will be minimum'\ grading to create the building
pad on this irregular shaped lot, and there will not be any greater incursion into the
rear yard than what already exists on other properties in the same vicinity.
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. Development on the pad will allow a
substantial portion of the lot to remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 550 to permit the construction of
a 2,450 square foot sports court that will encroach a maximum of eighteen (18) feet
into the rear yard setback, as indicated on the development plan submitted with
this application and incorporated herein by reference as Exhibit A, subject to the
conditions specified in Section 8 of this Resolution.
Section 6. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code
allows for the construction of a sports court provided a Conditional Use Permit for
such use is approved by the Rolling Hills Planning Commission. With respect to
the request for a Conditional Use Permit for a 2,450 square foot sports court, the
Planning Commission makes the following findings:
A.. The granting of a Conditional Use Permit for 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 recreational uses in the community and the court will be
located in an area of the property where such use will be the least intrusive to
surrounding properties.
B. The granting of the Conditional Use Permit would be consistent with
the purposes and objectives of the Zoning Ordinance and General Plan because the
sports court will comply with the low profile residential development pattern of the
community and is located on a 2.1 acre parcel of property that is adequate in size,
shape and topography to accommodate such use.
C. The granting of a Conditional Use Permit would be consistent with the
purposes and objectives of the Zoning Ordinance and General Plan because the
RESOLUTION NO. 97-8
PAGE 2
97 1083039
sports court will not impact the view or the privacy of neighbors. The hard -surfaced
area will require a minimum amount of grading and will be screened by
landscaping.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the request for a Conditional Use Permit in Zoning Case No. 550
for a proposed 2,450 square foot sports court, as shown on the Development Plan
dated January 16, 1997 and marked Exhibit A, subject to the conditions specified in
Section 8.
Section 8. The Variance tolpermit a sports court to encroach into the rear
yard setback approved in Section 5 and the Conditional Use Permit for the
construction of a 2,450 square foot sports court approved in Section 7 as indicated on
the Development Plan attached hereto and incorporated herein as Exhibit A dated
January 16, 1997, is subject to the following conditions:
A. The Conditional Use Permit approval shall expire within one year
from the effective date of approval as defined in Section 17.42.070(A).
B. It is declared and made a condition of the Conditional Use Permit
approval, that if any conditions thereof are violated, the Permit shall be suspended
and the privileges granted thereunder shall 'lapse; provided that the applicant has
been given written notice to cease such violation and has failed to do so for a period
of thirty (30) days.
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 Variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A dated January 16, 1997, except as
otherwise provided in these conditions.
E. 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.
F. Structural lot coverage shall not exceed 7,037 square feet or 8.2% and
total lot coverage of structures and paved areas shall not exceed 12,505 square feet or
14.6%.
G. A drainage system approved by the City Engineer shall be incorporated
into the overall plan of the sports court and the surrounding landscaped areas.
H. Grading for construction of the sports court shall not exceed 20 cubic
yards of cut soil and 20 cubic yards of fill soil.
RESOLUTION NO. 97-8
PAGE 3
97 1083039
I. Any grading for the sports court shall preserve the existing topography,
flora, and natural features to the greatest extent possible.
K. Landscape screening shall be planted to obscure the sports court at the
southeast portion of the sports court.
L. The landscape screening at the southeast portion of the court shall
continue to be maintained so as not to obstruct views of neighboring properties but
to obscure the sports court.
M. Lighting for the sports court shall not be permitted.
N. All retaining walls incorporated into the sports court shall not be
greater than four feet in height at any point. Exposed exterior retaining walls shall
not be permitted.
O. Any screening fences for the sports court shall be landscaped and not
exceed 8 feet in height.
P. Noise from the hard -surfaced area use shall not create a nuisance to
owners of surrounding properties.
Q. Review and approval of a site drainage plan by the City Engineer shall
be obtained for the sports court.
R. A 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 prior to the submittal of an applicable site drainage plan to the
County of Los Angeles for plan check.
S. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to approval of the
drainage plan.
T. The working drawings submitted to the County Department of
Building and Safety for site drainage plan review must conform to the development
plan described at the beginning of this section (Section 8).
U. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Variance and Conditional Use Permit pursuant to Sections 17.38.060 and
17.42.060, or the approval shall not be effective.
V. All conditions of this Conditional Use Permit approval must be
complied with prior to approval of the site drainage plan by the County of Los
Angeles.
RESOLUTION NO. 97-8
PAGE4
97 1083039
7
PASSED, APPROVED AND ADO1'1'ED ON TH 0 Y F MAY, 19 7.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARtYl'‘JI4IrNN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 97-8 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO PERMIT THE
ENCROACHMENT OF A SPORTS COURT INTO THE REAR YARD
SETBACK AND GRANTING A CONDITIONAL USE PERMIT FOR
THE CONSTRUCTION OF A SPORTS COURT AT A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 550.
was approved and adopted at an adjourned regular meeting of the Planning
Commission on May 20, 1997 by the following roll call vote:
Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
AYES:
NOES: None .
ABSENT: None .
ABSTAIN: None .
and in compliance with the laws of California was posted at the following:
Administrative Offices
. MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 97-8
PAGE 5
97 1083039