0563RESOLUTION N0. 563
A RESOLUTION OF THE CITY COUNCIL
THE CITY OF ROLLING HILLS APPROVING A VARIANCE AND A
CONDITIONAL USE PERMIT IN ZONING CASE NO. 330
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS HEREBY
FIND, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Norman
LaCaze with respect to real property located at 24 Portuguese
Bend Road, Rolling Hills (Lot 90-RH) requesting a Variance for
the minimum side yard setback requirements and a Conditional Use
00 Permit for a tennis court on said property.
Section 2. The application was first considered by the
N Planning Commission on July 15, 1986, at which time the
UJ Commission, after receiving and considering evidence, continued
m the public hearing for the purpose of conducting a field site
Q investigation of the proposed tennis court.
Section 3. The application was -placed in abeyance, on
July .28, 1986, as the result of the institution -of a moratorium _
on the construction- of tennis courts, which purpose was to
-review, analyze and study the policies- and procedures then.
utilized for the consideration of tennis court construction
applications. -Said moratorium continued through July 23, 1987. -
Section 4. The Planning Commission conducted a duly
noticed public hearing to consider the application for a
Variance of a side yard setback encroachment and for Conditional
Use Permit for a tennis court, submitted by Mr. Norman LaCaze,
on July 21, 1987. After considering the evidence, both written
and oral, the Commission approved the application.
Section 5. At its meeting of August 10, 1987, the City
Council, pursuant to Section 17.32.140 (c) of the Rolling Hills
Municipal Code, appealed and assumed jurisdiction of the
application.
Section 6. On August 24, 1987, the City Council opened a
duly noticed, de novo public hearing pursuant to Municipal Code
Section 17.32.190 to consider the application. Evidence, both
written and oral, was presented to and considered by the City
Council. The applicant appeared before the Council to present
testimony and to answer questions directed to him by the City
Council and City Staff.
Section 7. Section 17.16.012 (F) provides the discretion
to grant a Conditional Use Permit for tennis courts, if
appropriate, under Section 17.32.060 subject to certain minimum
conditions,' which have been established by City of Rolling Hills
Ordinance No. 215, which is attached hereto as Exhibit A.
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Section S. Section 17.32.010 of the Municipal Code
provides the discretion to grant a Variance when practical
difficulties, unnecessary hardships or results inconsistent with
the general purpose of the Zoning Ordinance result, through the
strict and literal interpretation and enforcement of .the
provisions thereof. Section 17.32.030 requires that before any
variance may be granted, it shall be shown: a) that there are
exceptional and extraordinary circumstances or conditions
applicable to the property or to the intended use that do not
apply generally to other property or class of use in the same
vicinity and zone; b) that such variance is necessary for the
preservation and enjoyment of a substantial property in the same
vicinity and zone, but which is denied to the property in
question; c) the granting of such variance will not be
materially detrimental to the public welfare, or injurious to
the property improvements in such vicinity and zone in which the
property is located.
Section 9. The City Council finds that:
A. Although the proposed tennis court complies with the
minimum conditions that are set forth in Ordinance No. 215; and,
that the proposed tennis court could have been sited in other
locations in strict conformance with the Zoning Ordinance, there
are extraordinary topographical, developmental and physical
conditions which exist on the -property which do not generally
exist- on other property within the same vicinity and zone that
justify the granting of -a variance -to the minimum side yard
requirements, as set forth in Section 16.010. Said encroachment
into the minimum side yard setback requirement of 35 feet is 20
feet which would result in a side yard setback of 15 feet.
B. The granting of a variance is consistent with the
general purpose of the Zoning Ordinance, specifically; it is
consistent with the intent of the recent modifications to the
policies governing the conditional permitting of .tennis courts,
and does not grant special privilege, nor is it detrimental or
injurious to property or improvements in such vicinity and zone
in which the property is located.
C. The proposed tennis court conforms with the minimum
conditions set forth in Ordinance No. 215 (Exhibit A).
D. The Findings and Report of the Planning Commission
regarding the Conditional Use Permit for a tennis court as set
forth in Exhibit B. be and hereby are incorporated herein by
reference; and that, the City Council adds the following three
conditions:
1. That only ground cover landscaping material be
planted in the 10 -foot easement area located on the eastern side
of the proposed tennis court; to wit, no trees are to be grown
in the easement area.
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2. The required drainage plan should be designed in
such a way as to convey drainage water associated with the the
tennis court away from the property located immediately to the
east (1 Poppytrail Road).
3. That- the proposed tennis court be located no
closer than 15 feet to the eastern property line in conformance
with the variance granted previously herein.
Section 10. For and on the basis of the foregoing
Findings, the Variance and Conditional Use Permit for Zoning
Case No. 330 are he'reby approved.
00PASSED, APPROVED and ADOPTED this 28th
of September Al 1987.'
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ATTEST:--
L City Clerk
APPROVED AS TO FORM:
/s/ Michael Jenkins
City Attorney
day
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I hereby certify that the above Resolution No. 563 was adopted
at a regular meeting of the City Council of the City of Rolling
Hills was held on the 24th day of August 1987 by the following
vote
Ayes: Councilmembers Murdock, PeTnell, Mayor Swanson
Noes: Councilwoman Leeuwenburgh
Absent; Councilman Heinsheimer
/s/ Terrence L. Belanger
City Clerk
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