348, Sports court, garage, grading, Resolutions & Approval ConditionsRESOLUTION NO 90-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO THE
BALANCE OF CUT AND FILL OF SOIL AND DENYING A REQUEST TO
MODIFY THE TERMS OF A CONDITIONAL USE PERMIT FOR A TENNIS
COURT IN ZONING CASE NO. '348.
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.
James Lu with respect to real property located at 8 Possum Ridge
Road, Rolling Hills (Lot 112-RH) requesting a modification to the
Conditional Use Permit and Variance to the balance of cut and fill
to construct and maintain a tennis court, on said property.
Section 2. The Planning Commission conducted a duly noticed
Public Hearing to consider the application on October 16, 1990 and
November 20, 1990. The Commission also conducted an adjourned
meeting on December 8, 1990 to conduct anon -site evaluation of the
proposed development.
Section 3. On April.19, 1988, the Planning Commission
granted a Conditional Use Permit and Variance for a tennis court to
the then property owners of 8. Possum Ridge Road. In August 1990,
the new owners were informed by the City that due to alteration of
the slope and the relocation of a pad for a tennis court, a
Variance application for the import of soil would need to be
requested, as well as a request for modification to the terms of
the Conditional Use Permit for a tennis court. On October 16, 1990
the Planning Commission directed Staff to authorize the emergency
import of soils to provide for slope remediation and erosion
control due to improper grading in preparation of the pad for a
tennis .court.
Section 4. Section 17.16.012 of the Municipal Code provides
the discretion to grant a Conditional Use Permit for tennis courts,
if appropriate, under Section 17.32.060, subject to certain minimum
conditions. Section 17.32.060 requires that as a pre -requisite of
issuance of the permit, the request must be consistent with the
purposes and objectives of the zoning ordinance and not detrimental
to the public health, safety and welfare. Section 17.32.050 states
that the purpose of the Conditional Use Permit is to assure
compatibility of a use with the uses in the surrounding area.
The Planning Commission finds that:
A. The granting of the request to modify the terms of such
Conditional Use Permit would not be consistent with the
purposes and objectives of the Zoning Ordinance and
General Plan; and would not be desirable to the public
convenience and welfare because the subject site location
for the tennis. court would be situated on the pad at a
higher elevation than neighboring property and that the
topography has been altered significantly, creating a
steeper slope than originally approved with more
extensive grading than previously approved. The approval
of such modification would be inconsistent with the
General Plan requirement to maintain strict grading
practices to preserve the community's natural terrain.
Section 5. Section 17.32.010 of the Municipal Code provides the
discretion to grant.a Variance to Section 17.16.012,,E. regarding
construction of tennis courts.
Resolution No. 90-43
Page No. 1
Section 6. Thplanning Commission finds `Lnat:
A. A Variance is not found 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 because the
proposed plan is substantially different than that which
was originally approved by the Planning Commission.
B. The granting of the Variance would 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 because original plans did
not indicate an import of soil, resulting in a
substantial change to the terrain and grading.
C. The import of soil and grading is excessive and not in
accordance with that which was originally approved.
Section 7. On the basis of the foregoing findings, the
request to modify that Conditional Use Permit to allow construction
of a tennis court at a different elevation than that which was
originally approved in April 1988, under Zoning Case No. 348 is
hereby denied, and the request for a Variance to the balance of cut
and fill of soil under Zoning Case No. 348 is hereby denied.
PASSED AND APPROVED, this 12th day o
Allan Roberts, Chairman
ATTEST:
Deputy/ City Clerk \
The foregoing Resolution No. 90-43 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE
TO THE BALANCE OF CUT AND FILL OF SOIL AND DENYING
A REQUEST TO MODIFY THE TERMS OF A CONDITIONAL USE
PERMIT FOR A TENNIS COURT IN ZONING CASE NO. 348.
was approved and adopted at a regular meeting of the Planning
Commission on January 12, 1991 by the following roll call vote:
AYES: Commissioners Frost, Hankins, Raine; Chairman Roberts.
NOES: None
ABSENT: Commissioner Lay
ABSTAIN: None
0
art City Clerk
Resolution No. 90-43
Page No. 2
•
RECORDING REQUESTED BY AND MAIL TO:
For Recorder's Use
88 P2731.6
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
Please.record this form
return to:
RECORDED III OFFICIf L RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
•
31. PA
M T. 3 P.f►C.MAY 24 1988
with the -Registrar -Recorder's Office and
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that
before recordation.)
_ Acceptance Form
STATE OF CALIFORNIA ) ss '—
COUNTY OF LOS ANGELES )
1 FEE $7J 1
the form be notarized
CONDITIONAL USE PERMIT CASE NO:. 348 Tennis Court
VARIANCE CASE NO. 348 Tennis Court
I (We) the undersigned state : --067(445 . i e ) 4/ 't
i% '/'l a - G✓
I am ' (We • are) :the -.owner (s)• of. the real . prop rty described -as follows : •
C o f Cl2 / .-�iy.'
ca., 9o,?,7
;- Pc Zs(II, ✓6/7e -A, ., . I-o 11/11. ,4Z / J
This property is 'the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions in
Conditional Use PermitCase No.
Variance Case No..
348 Tennis. Court'
348 .Tennis Court
I (We) certify- (or declare) under the penalty. of 'perjury that.: the
foregoing is true'and correct:
(Where the owner and applicant. are not`the same, both must sign.)
Applicant Name
Address
City, State,
Signature
Owner Nam
Address
City, State
Signature
This signature must
be acknowledged by a
notary public. Attach
appropriate acknowledgement.
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Type or print
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> STATE OF CALIFORNIA Iss.
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COUNTY OF CaFi G,C 1
, 4 On_�3 Lka LgaB ,before me, the undersigned, a Notary Public in and for
m i said State, personally appeared r1t !.S ikp Ate Ai
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LL personally known to me (or proved to me on the basis of satis- .
m factory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that
,• JANshe/SI•tey executed the same. -
WITNESS my hand and official seal.
If
coo
Signature_
88- 827316
OFFICIAL SEAL
BETTY L. TANNER
NOTARY PUBLIC •CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. filar. 22, 1991
(This area for official notarial seal)
STATE OF CALIFORNIA /�
COUNTY OF CleAkAs_
)
,ss.
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tt'� , before me, the undersigned, a Notary Public in and for
said State, personally appeared_tYLROS-4s V�� , personally
known to me (or proved to me on the basis of the oath of Jr_4Tilt±.LV--1.)_16_L1i
... } to be the person whose name is subscribed tothewithininstrument, as
a witness thereto,who being by me duly sworn, deposed and said:
That .fshe resides NZPAICA-- '^*I"
that he/she
was present and saw___INM tS k. MO
., personally
known to Ain+/herto be the same person(s) described in and who
executed the within instrument, as a party(iea) thereto, sign, seal
and deliver the same and that said party(ier) duly acknowledged
in the presence of said affiant, that he/she/they executed the
same, and that said affiant, thereupon at the party's(ies') request,
subscribed his/her name as a witness thereto.
t V 88-- 827316
On-2.3 ! /fik Ay leg
WITNESS my hand and otficialseal.
Signature oST✓T41.441-24-0
I
OFFICIAL SEAL
BETTY L. TANNER
NOTARY MUD-CALIRIRMA
PRINCIPAL OFFICE IN
ORANGE COUNTY
MT Commission Exp. Mar. 22,1991
(This area for official notarial seal)
For Recordes.Use •
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS; CA 90274
88 1090654
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
FEE $7 (�-�,
(The Registrar -Recorder's Office requires that the form be notarized
before recordation.)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
• Acceptance Form
ss
CONDITIONAL USE PERMIT CASE NO: 348 Garage/Rec. Room
VARIANCE CASE NO. 348 Garage/Rec. Room
= i (We) the undersigned- state:
I am '.(We are) the owner (s), of*the real . property described as follows:.
� - ?a-/2,R'y t /,P6(
/30////7 /01/Lf /,6e77
This property is the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions
in said
Conditional Use Permit Case No. 348 Garage/Rec. Room
Variance Case No. 348
•Garage/Rec: Room
I (We) certify (or declare) under the .penalty. of perjury that the
foregoing is true'and correct;=
(Where the owner:and applicant. are not 'the same, both must sign.)
•
Type or print
RECORDED IR OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES couNiy
CALIFORNIA
MIN. mt.9 A.M. JJ L 12 1988
•
Applicant Name
Address
City, State
Signature
Owner Name
Address
City, State
Signature
'This signature must
'be acknowledged by -.a
notary public. Attach
appropriate acknowledgement.
me
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• •
BEFORE THE MANNING COMMISSION OF THE CITY OF ROLLING HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
)
In the Matter of the Application )
)
of )
) ZONING CASE NO. 348
Mr. & Mrs. James Murray )
)
Lot 112A-RH ' )
)'
FINDINGS AND REPORT
The application of Mr. & Mrs. James- Murray, Lot 112A-RH,
Rolling Hills Tract, for a Variance under Section 17.32.010 and a
Conditional Use Permit under Section 17.32.040 of the City of Rolling
Hills Municipal Code, came for hearing on the 15th-day of March, 1988
and the 19th day of April, 1988 in the Council Chambers of the
Building, Portuguese Bend Road, --RoTling Hills,
California. The -Planning _Commission, after being_ appropriately
advised, now makes its Findings- and. Report as required by the
Municipal Code of the City of Rolling Hills, California.
I.
The Commission finds that the applicants, Mr. & Mrs. James
Murray, are the owners of that certain real property described as Lot
112A-RH, located at 8 Possum Ridge Road in the City of Rolling Hills,
and thatnotice of the public hearing in connection with said
application was given as required by Section 17.32.080 of the
Municipal Code of the City of Rolling Hills, California. The
Commission finds, further, that written comment was received in
opposition of the request.
II.
The Commission finds that the applicants have requested a
Variance from Section 17.16.060, minimum front yard setback
requirements. The property is a lot of 3.9 net acres (168,927 sq.
ft.) in size which is located in the RAS-2 Zone (87,120 sq. ft.
minimum lot size). The lot has an existing conforming front yard
setback (50 ft.). Possum Ridge Road bisects the property, with both
• • •
sides of roadway in the applicant's ownership. The applicants have
requested a variance from the frontyard setback requirement of the
RAS-2 zone (50 ft.). The applicants have requested an encroachment
of 8 feet into the frontyard.
The applicants have requested a tennis court be permitted to
be built- on the property, pursuant to• Setion 17.16.012(F). The
Commission finds that a variance would be necessary in order to
accommodate the incorporation of a tennis court use into the
established developmental pattern that has evolved on the site. The
Commission finds that there are extraordinary- topographical,
developmental, and physical conditions which exist on the property
which do not apply to other properties in the vicinity and zone,
which impinge upon the applicant'sability to fully utilize his
property, -without damaging the enyiromment.- The Commission finds
that. a Variance should be granted in order to preserve substantial
property rights in the same vicinity and zone, and that the granting
of such Variance would not be materially detrimental to the public
welfare, nor injurious to property in the same vicinity and zone.
The Commission finds that the applicants have requested a
Conditional Use Permit, pursuant to Section 17.16.012 (F), for a
tennis court. The Commission finds that the tennis court plan
complies with the provisions of the recently adopted Ordinance No.
215. The Commission finds that the applicants' assurances to
incorporate specimen landscaping and existing mature landscaping into
the landscape plan shall be noted in the conditions of approval.
IV.
From the foregoing, it is concluded that a Variance should be
granted to Mr. & Mrs. James Murray, Lot 112-A, 8 Possum Ridge Road
under Section 17.32.010 of the City of Rolling Hills Municipal Code
for a Variance from Section17.16.060 minimum frontyard setback
requirements and a Conditional Use Permit should be granted pursuant
to Section 17.16.012 (F) for a tennis court, subject to the following
conditions:
1) The tennis court is permitted to encroach into the
sideyard setback 8 feet, which results in a remaining frontyard
setback of 42 feet;
2) The Conditional Use Permit for the tennis court is issued
and shall be conditioned upon continued adherence to the provisions
of Rolling Hills Ordinance No. 215; as set forth in Exhibit A;
3) The property shall be developed and maintained in.
substantial conformance with the site plan on file marked Exhibit
.ngn;
4) It is declared to be the intent of the Planning
.Commission that if any provision of_the Variance and Conditional Use
Permit is held or declared to be invalid, the permit shall be void
and the privileges granted thereunder shall -lapse;
5) - It is declared and made a condition of the Variance and
Conditional Use Permit that if any conditions thereof are violated,
or if any laws, 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 such
violation and has failed to do so for a period of (30) days;
6) All requirements of 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;
7) Prior to issuance of building permits, a grading plan,
drainage plan and appropriate hydrology, soils and geology reports
satisfactory to the City Engineer shall be submitted and approved;.
8) This Conditional Use Permit and Variance shall expire
unless construction is commenced within one year from the date of
grant;
9) This Conditional User Permit shall not be effective for
any purpose until the owner of the property involved, or his duly
authorized representative, has filed with the City Clerk of the City
of Rolling Hills an affidavit stating that he is aware of and agrees
J
j, au-J• a
• •
to comply with all the conditions of the Permit;
10) A landscaping plan which incorporates existing mature
trees and new specimen trees be approved by the Planning Commission;
and, a bond in the amount of estimate for the cost'of landscaping,
plus 15%, be posted and retained for not less than two years after
landscape installation; and it is, therefore, so ordered;
11) The memorandum of policy dated March, 1980, as set forth
in Exhibit "C", is included in the conditions of approval for the
tennis court Conditional Use Permit. 12) This project is
categorically exempt under the California Environmental Quality Act.
It is, therefore, so ordered.
/S/ Allan Roberts
Chairman, Planning Commission
/S/ Terrence L. Belancxer
Secretary, Planning Commission