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05726'7 RESOLUTION NO. 572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A CONDITIONAL USE PERMIT IN ZONING CASE NO. 355 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Yu -Ping Liu with respect to real property located at No. 39 Crest Road' 00 West, Rolling Hills (Lot 240B -2 -MS) requesting a conditional use permit for a tennis court on said property. N Section 2. The Planning Commission conducted a duly W noticed, public hearing to consider the application on January 19 m and February 16, 1988. After considering the evidence, both Q written and oral, the Commission approved the application. Section 3. Timely appeals of the Planning Commission decision were filed pursuant to Municipal Code Section 17.32.140(B) by Roger and Christa Hawkins, 37 Crest Road West, and Joseph and Alice 011a, 41 Crest Road West, both owners of adjoining properties who had raised objections before the Planning Commission. Section 4. On April 11, 1988, 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 and was further represented by his engineer, Douglas McHattie. The hearing was adjourned to a field trip on April 13, 1988 to enable the Council and all interested persons the opportunity to view the site. Section 5. The City Council on April 13, 1988, conducted a field trip to the site which was open to all members of the public. The Council inspected the subject property and observed the following: A. The Liu property is a legal non -conforming lot, containing less than the required area under the City's zoning ordinance. The lot is approximately 1.7 acres in size; the zoned district in which it is located requires two acres. B. The location of the proposed court was identified by flags. The court will be at its closest point, 17 feet from the residence on the property due to the central location of the house on the lot. Because of its subterranean construction, there will be a severe depression of approximately 11 feet immediately adjacent to the residence. C. The court would be located within 75 feet of the residence at 41 Crest Road West, and within 90 feet of the residence at 37 Crest Road West. Section 6. The Council resumed the continued public hearing on April 25, 1988, at which time additional evidence was presented to and considered by the Council. Section 7. Section 17.16.012(F) 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 prerequisite of issuance of a conditional use permit, the Council find that issuance of the permit would 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. Section 8. The City Council finds that: A. The lot is too small to allow for construction of a tennis court while at the same time preserving and maintaining the community objective of a rural atmosphere. Construction of the court would result in such density of improvements on the lot as to conflict with the general plan and zoning ordinance objectives of maintaining the rural, natural features of the community. B. The small, nonconforming size of the lot requires the court to be located very close to the residence, and requires excavation of a severe depression within only 11 feet of the house, creating a potentially hazardous condition in close proximity to the home. C. The proposed court would be located in close proximity to neighboring residences, creating potential noise disturbances interfering with the use and enjoyment of those neighboring homes, particularly because the subterranean construction of the court will allow the noise to travel upward to those residences. Although possible noise mitigating conditions were discussed, none were found to be practicable or easily enforceable. There is no question but that noise from use of the court will be readily and easily audible at the neighboring residences. D. Construction of the proposed tennis court would be incompatible with residential uses in the surrounding area -2- 880509 sas A122.MJ (3) Jimm and would result in overdevelopment of the lot inconsistent with the rural character of the community. Section 9. Pursuant to Section 17.32.060 of the Rolling Hills Municipal Code, the City Council finds that: A. For the reasons set forth in Section 8 above, the proposed tennis court would be incompatible with the surrounding area, homes and uses and would be inappropriate at that location. B. For the reasons set forth in Section 8 above, the proposed tennis court would be detrimental to the health, 00 safety and welfare and would be inconsistent with the purposes of proper land use planning set forth in the Zoning (v Ordinance. W C. The proposed tennis court will have significant environmental impacts in the area of noise which cannot be Q adequately mitigated. There is no public benefit from the proposed project that would outweigh this environmental impact. Section 10. For and on the basis of the foregoing findings, the conditional use permit for Zoning Case No. 355 is hereby denied. PASSED, APPROVED and ADOPTED this 9th day of May , 1988. Mayo ATTEST: M'14? City Clerk V 880509 sas A122AJ (3) -3- 70 The foregoing Resolution No. 572 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A C017DITIONAL USE PERMIT IN ZONING CASE NO. 355 was adopted at a regular meeting of the City Council at a regular meeting on May 9, 1988 by the followinq vote: AYES: Councilmembers Leeuwenburqh, Swanson Payor Murdock NOES: None ABSENT: Councilmembers Heinsheimer, Pernell