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0679RESOLUTION NO. 679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE FOR THE ENCROACHMENT OF RETAINING WALLS INTO THE SIDE YARD SETBACK, AND APPROVING A CONDITIONAL USE PERMIT FOR THE RECONSTRUCTION OF A PREVIOUSLY CONSTRUCTED CLAY SPORTS COURT IN ZONING CASE NO. 461. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Dr. and Mrs. Mohan Bhasker with respect to real property located at 42 Portuguese Bend Road, Rolling Hills (Lot 120-RH) requesting a Variance for the continued encroachment of retaining walls into the side yard setback and a Conditional Use Permit for the reconstruction of a previously constructed clay sports court on the subject property. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance into the side yard setback and a Conditional Use Permit on August 20, 1991, September 17. 1991, October 22, 1991, and at a field trip visit on September 5, 1991. Section 3. The Commission approved Resolution No. 91-27 in Zoning Case No. 461 on November 2, 1991. The City Council took the subject zoning case under jurisdiction on November 12, 1991 and conducted a duly noticed public hearing to consider the appeal of the applications on November 24, 1991, and at a field trip visit on December 4, 1991. The City Council remanded the subject zoning case back to the Planning Commission to review a c:;:rrected version of the Development Plan on December 4, 19-91. The Planning Commission conducted a duly noticed public on January 21, 1992 to consider the corrected version of the Deas„ opment Pian and approved Resolution No. 92-7 in Zoning Cass: No. 46! on February 1, 1992. Section 4. Subsequently, the City Council took the subject case under jurisdiction on February 10, 1992..mhe City Council conducted a duly noticed public hearing on February 24, 1992, March 9, 1992, March 23, 1992, April 13, 1992, April 2'7, 1992, May 11, 1992, and field trip visits on March 2, 1992, M:ucch 16, 1992 and April 18, 1992. At the hearings, the City Council considered the modification of the Development Plan, the noise decibel level of a bouncing tennis ball and conversation on this court, and the concerns of neighbors were taken into account, related to the applications for a Variance into the side yard setback and a Conditional Use Permit for the construction of a clay sports court. Section 5. The Planning Commission found 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. r RESOLUTION NO. 679 PAGE 2 Section 6. Sections 17.32.010 through 17.32.030 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 ofProperty to the same extent enjoyed by similar properties. A Variance to Section 17.16.070.A is required to permit the encroachment of 4 -foot retaining walls ten (10) feet into the thirty-five (35) foot side yard setback. The sports court will not encroach into the twenty-five (25) foot side yard easement. A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the existing use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because of the undulating topography of the lot. The only flat area available to site a sports court and accompanying retaining walls is on the proposed relatively flat slope within the side yard setback. 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 the subject property. The Variance is necessary in order to permit the reconstruction of the existing retaining walls. There will not be any greater incursion into the setback than presently exists. The Variance will also facilitate a reduction in the size and profile of the court. C. Granting this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. A -sufficient distance remains between the sports court and the uses on the adjacent property. The sports court will be further screened by a sound baffle screen and existing landscaping as the new court will be lowered and will not be visible from neighboring properties. Engineering of the retaining walls will lower their height to the code required four feet and will keep a substantial portion of the lot open and undeveloped. Section 7. Based upon the foregoing findings, the City Council hereby approves the Variance to permit the construction of • retaining wall that will encroach into the side yard setback to • maximum of 10 feet as indicated on the revised Development Plan attached hereto as Exhibit A and dated May 6, 1992 subject to the conditions contained in Section 11. RESOLUTION NO. 92-7 PAGE 3 Section 8. The applicant has submitted plans for the use of an existing sports court that will be reduced to 2,550 square feet as shown in Exhibit A. Section 17.16.012.E of the Municipal Code provides for the discretion of the City Council to grant a Conditional Use Permit for a sports court under certain conditions. Section 9. The City Council 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, the area proposed for the court is already graded and used for such purpose, and the court will be located in an area of the property where such use will be least intrusive to surrounding properties. B. The granting of a 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 5 acre parcel of property that is adequate in size. shape and topography to accommodate such use. C. The granting of a Conditional Use Permit woul"d be consistent with the purposes and objectives of the Zoning Ordinance and General Plan, because the sports court will not impact the view or the privacy of neighbors and will not be visible from neighboring properties. The sports court will be surrounded by sound baffle screening and existing landscaping, and the new court will be lowered and not be visible from neighboring properties. Section 10. Based upon the foregoing findings, the Planning Commission hereby approves a Conditional Use Permit for a 2,550 square foot sports court in accordance with the revised Development Plan attached hereto dated March 6, 1992 for a sports court in Zoning Case No. 461 subject to the conditions contained in Section 11. Section 11. The Variance to the side yard setback for the continued encroachment of a 4 -foot retaining wall, and the Conditional Use Permit for a 2,550 square foot sports court as indicated on the revised Development Plan attached hereto and incorporated herein as Exhibit A dated March 6, 1992, and approved in Sections 7 and 10, are subject to the following conditions: RESOLUTION NO. 679 PAGE 4 A. The Variance and Conditional Use Permit shall expire unless used within one year from the effective date of approval as defined in Section 17.32.110 of the Municipal Code. B. It is declared and made a condition of the Variance and 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 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 REVISED Exhibit A dated March 6, 1992 except as otherwise provided in these conditions. E. The property on which the court 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 8,663 square feet or 4.9% and total lot coverage of structures and paved areas shall not exceed 22,905 square feet or 12.9%. G. All grading required for the reconstruction of the court shall be balanced, as regards cutting and filling and shall not exceed seven hundred fifty (750) cubic yards. H. The area graded for the court shall not exceed 2,550 square fees in size. I. Any grading shall preserve the existing topography, flora and natural features to the greatest extent possible. J. A drainage system shall be incorporated into the overall plan of the court and landscaping, which drainage system shall be approved by the City Engineer. K. Existing mature shrubs and trees along the east and south side of the sports court shall be retained and maintained during the reconstruction of the court. RESOLUTION NO. 679 PAGE 5 L. A sound baffle screen, along with landscape screening, shall be provided for the sports court and shall be maintained so as not to interfere with the viewscape of the owners of surrounding property, nor shall it interfere with the views of users of community easements. Thr proposed height, design, location and materials used for the sound baffle screen shall be subject to City staff review and approval prior to installation. M. A landscape plan must be submitted to and approved by the City of Rolling Hills Planning Department staff prior to the issuance of any grading and building permit. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. N. Court lighting shall not be permitted. 0. All retaining walls incorporated into the court shall not be greater than four feet in height at any point. Exposed exterior retaining walls shall not be permitted. P. Noise from persons using the tennis court shall be kept to a minimum so as not to unreasonably disturb the quiet enjoyment of persons on surrounding properties. Q. Noise from court use shall not create a nuisance to owners of surrounding properties. R. The sports court shall not be used for purposes of providing tennis lessons by a tennis professional to persons outside the immediate family of the owner. S. A building permit shall be obtained for the retaining walls and sports court. RESOLUTION NO. 679 PAGE 6 T. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the Development Plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. U. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. V. 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. W. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance and Conditional Use Permit to Section 17.32.087, or the approval shall not be effective. X. All conditions of this Variance and Conditional Use Permit approval, except for Condition B, must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 26TH DAY OF MAY, 1992. ATTEST: Cls n.✓ DIANE SA YER, DEPUTITY CLERK 1 f RESOLUTION NO. 679 PAGE 7 The foregoing Resolution No. 679 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE FOR THE ENCROACHMENT OF RETAINING WALLS INTO THE SIDE YARD SETBACK, AND APPROVING A CONDITIONAL USE PERMIT FOR THE RECONSTRUCTION OF A PREVIOUSLY CONSTRUCTED CLAY SPORTS COURT IN ZONING CASE NO. 461. was approved and adopted at a regular adjourned meeting of the City Council on May 26, 1992 by the.following roll call vote: AYES: Councilmember Pernell, Mayor Pro Tem Murdock and Mayor Swanson, NOES: Councilmember Leeuwenburgh. ABSENT: Councilmember Heinsheimer, ABSTAIN: None. DEPUTY ,bITY CLERK A