752, Construct tennis court in fron, Resolutions & Approval Conditionsefr
RECORDING REQUESTED BY AND
MAIL TO
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
i
Y
07/10/08
Y
20081229071
T RECORDER'S USE ONLY
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. 752
CONDITIONAL USE PERMIT XX
VARIANCE XX
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
92 SADDLEBACK ROAD, ROLLING HILLS, (LOT 73-B-RH) CA 90274
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 752
CONDITIONAL USE PERMIT XX
VARIANCE XX
I (We) certify (or declare) under the penalty of perjury that the foregoing is true nd correct.
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Signatures must be acknowledged by a notary oublic.
State of California
County of Los Angeles )
On �� � � �� Z eve before me, OCILtC //74210tgle- 2 )1-}07)
personally appeared Ai) ego (' / / -C 7iJ1 ' ANio )) DA/4 G / k,„j,
personally known to me (or proved to me on the basis of satisfactory
subscribed to the within instrument and acknowledged to me hat he/
capacity(ies) and that by his/her/their signature(s) on the i
pels4s,) cried, gxecuted thei strument.
LUCILLE B. HAZDOVAC Witness by hand and
Commission # 1754721
Notary Public - California
Los Angeles County MyComm. ExplresJul28, 2011 E.
ence) to be the person( whose name(s) is/are
ey executed the same ' is/her/their authorized
person(s), or the entity upon behal f which the
Signature . Notary
SEE EXHIBIT "A"'ATTACHED HERETO AN'D..MADE A PART HEREOF
• -6,0-nerr ,3
RESOLUTION NO. 2008-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING APPROVAL FOR A
CONDITIONAL USE PERMIT TO CONSTRUCT A SPORTS COURT
AND A VARIANCE TO LOCATE THE SPORTS COURT IN THE
FRONT YARD AREA AT 92 SADDLEBACK ROAD IN ZONING CASE
NO. 752, (LOT 73-B-RH), (GIACONI).
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 Dr. and Mrs. Mirko
Giaconi with respect to real property located at 92 Saddleback Road (Lot 73-B-
RH), Rolling Hills, CA requesting a Site Plan Review and Conditional Use Permit
to construct a 5,780 square foot sports court. The sports court is proposed to be
located in the front yard area, which requires a Variance.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on March 19, April 15, 2008 and at a field
trip on May 15, 2008. 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 and from members of the City staff and the
Planning Commission having reviewed, analyzed and studied said proposal. The
applicants' representatives were in attendance at the hearings.
Section 3. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act.
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 detrimental 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 5,780 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
Resolution No. 2008-09
92 Saddleback 1
•
• V
constructed on a portion of the secondary building pad, 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 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, even though it will be located in front of the residence, in
the front yard area. The project preserves the existing terrain of the property and
no grading is required for this project.
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, as no grading is
proposed.
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 sufficient area exists on the lot for a set aside for a
future stable and corral.
Section 5. 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. A
Variance to Section 17.16.210A.7b is required because it states that a sports court
may not be located in the front yard or in any setback. The applicant is
requesting a Variance to locate the sports court in the front yard area. 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 that do not apply generally to the other
property or class of use in the same zone because the configuration of the lot
together with the fact that the house is located near the rear of the lot, making the
front yard area large creates difficulty in constructing the sports court elsewhere
on the property. Locating the sports court in the front will minimize grading of
Resolution No. 2008-09
92 Saddleback 2
• •
the lot and will cause the construction to not be in any setbacks and to utilize an
existing pad area.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the vicinity and zone,
but which is denied to the property in question. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed
by similarly situated properties in the same vicinity and zone. The encroachment
permits the use of the lot to the extent allowed for other properties in the vicinity.
The lot size and configuration, together with the existing development on the lot
creates difficulty in locating the sports court elsewhere on the property.
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. Locating the sports court in
the front of the residence will allow the remaining portion of the lot to remain
undeveloped and would minimize grading. The sports court is screened from the
adjacent property and the road by existing mature vegetation.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Conditional Use Permit and a Variance for Zoning Case No.
752 to construct a 5.780 square foot sports court and to locate the sports court in
the front yard area, subject to the conditions specified below:
A. The 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 17.37.070(A) and 17.42.070(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 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 set forth in the Permit, or shown otherwise on
an approved plan.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked and dated May 2, 2008, except as
otherwise provided in these conditions.
Resolution No. 2008-09
92 Saddleback 3
• •
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 in conformance with sports court limitations.
F. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development
plan approved with this application.
G. There shall be no grading for this project.
H. Structural lot coverage shall not exceed 12,126 square feet or 13.1%.
I. Total lot coverage of structures and paved areas shall not exceed
23,119 square feet or 24.9.0% in conformance with lot coverage limitations.
J. The disturbed area of the lot shall not exceed 30,880 square feet or
33.5% of the net lot area in conformance with lot disturbance limitations.
K. Residential building pad coverage on the 40,240 square foot
residential building pad shall not exceed 12,126 square feet or 30.1%, which
includes the sports court.
L. The area prepared for the sports court shall not exceed 5,780 square
feet.
M. Court lighting shall not be permitted.
N. Noise from sports court use shall not create a nuisance to owners of
surrounding properties.
O. The existing retaining wall 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 by landscaping. The existing wall shall conform to standards as
required by the Building Code and building permit shall be obtained from the
Los Angeles County Building and Safety Department for the existing wall.
P. The sports court fencing shall not exceed 4 feet in height above the
4-foot high retaining wall for a total of 8 feet on all sides. The Architectural
Committee of the RHCA shall color and material shall be approved by.
Q. The sports court shall remain screened at all times on all four sides
with mature trees and shrubs.
R. Prior to obtaining a building permit the applicant shall provide
information to City from the utility company whether a utility easement exists
over any area of the proposed sports court. Should there be an easement, the
applicant shall be required to obtain permission from the utility company for
use of the easement and provide verification to staff. Should the utility
Resolution No. 2008-09
92 Saddleback 4
I •
company object to construction over the easement, and an agreement cannot
be reached between the applicant and the utility company, this approval shall
become null and void. Or the applicant may redesign the sports court away
from the overhead lines.
S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modification to this project and to the property,
which would constitute additional structural development, grading or
excavation of dirt, shall require the filing of a new application for approval by
the Planning Commission.
T. If during construction a construction fence is installed, it shall not
block any easements.
U. Prior to submittal of final plans to the Building Department 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 and that were approved by the RHCA Architectural
Committee.
V. 50% of any construction material must be recycled or diverted.
Verification to be submitted to staff regarding how much material was
generated, how much recycled and which facility it was taken to.
W. During construction, any soil disturbance shall preserve the
existing topography, flora, and natural features to the greatest extent possible.
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, and objectionable odors shall be
required.
Y. During construction, an Erosion Control Plan containing the
elements set forth in the 2007 County of Los Angeles 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.
Z. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking may take place within nearby
roadway easements.
AA. 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.
Resolution No. 2008-09
92 Saddleback 5
7
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AB. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and post construction maintenance of stormwater drainage
facilities.
AC. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMPs) related to solid waste.
AD. Drainage system shall be designed in such a manner, as not to cross
over any equestrian trails and water from the drainage system shall not be
discharged onto a trail or adjacent properties. The system shall incorporate earth
tone colors, including in the design of the dissipater and shall be adequate in size
to discharge in a sheet flow manner and be screened from any trail, roadway
easement and neighbors' views to the maximum extent practicable, without
impairing the function of the drainage system.
AE. Perimeter easements and trails, including roadway easements shall
remain free and clear of any improvements including, but not be limited to,
fences -including construction fences, landscaping, irrigation and drainage
devices, play equipment, parked vehicles, building materials, debris and
equipment, unless approved by the Rolling Hills Community Association.
AF. Prior to issuance of a building permit, the project shall be reviewed
and approved by the Rolling Hills Community Association.
AG. Until the applicants execute an Affidavit of Acceptance of all
conditions of this CUP and Variance approvals, as required by the Municipal
Code, the approvals shall not be effective.
AH. All conditions of the Variance and Conditional Use approvals, that
apply, shall be complied with prior to the issuance of grading or building permit
from the County of Los Angeles.
AI. 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 13th DAY OF MAY 2008.
Pipt4,40(01
ROGER SOMMER, CHAIRMAN
ATTEST:
MARILYN KERN,'DEPUTY CITY CLERK
Resolution No. 2008-09
92 Saddleback 6
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)
§§
I certify that the foregoing Resolution No. 2008-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING APPROVAL FOR A
CONDITIONAL USE PERMIT TO CONSTRUCT A SPORTS COURT
AND A VARIANCE TO LOCATE THE SPORTS COURT IN THE
FRONT YARD AREA AT 92 SADDLEBACK ROAD IN ZONING CASE
NO. 752, (LOT 73-B-RH), (GIACONI).
was approved and adopted at a regular meeting of the Planning Commission on
May 13, 2008 by the following roll call vote:
AYES: Commissioners DeRoy, Witte and Chairman Sommer.
NOES: None.
ABSENT: Commissioners Henke and Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
Resolution No.2008-09
92 Saddleback 7