0754RESOLUTION NO. 754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS APPROVING A REQUEST FOR A CONDITIONAL
USE PERMIT FOR THE CONSTRUCTION OF A TENNIS COURT
AND APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND
OTHER IMPROVEMENTS TO REPLACE AN EXISTING SINGLE
FAMILY RESIDENCE AND AN EXISTING TENNIS COURT IN
ZONING CASE NO. 505A.
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 Mr. John Z. Blazevich with
respect to real property located at 1 Buggy Whip Drive, Rolling Hills (Lot 176 -A -MS
and a portion of Lot 176 -MS), requesting a Conditional Use Permit to construct a
tennis court and requesting Site Plan Review for the construction of a new single
family residence and other improvements to replace an existing single family
residence and an existing tennis court.
Section 2. The project as proposed includes the construction of the
following structures: (i) a 7,060 square foot inset tennis court surrounded by a
retaining wall that will not exceed 4 feet in height; (ii) a residence of 10,278 square
feet; (iii) an attached semisubterranean garage of 1,320 square feet; (iv) a swimming
pool of 1,125 square feet; (v) a future stable of 450 square feet; and (vi) a service yard
of 96 square feet. The subject property consists of 7.43 acres. The structural lot
coverage proposed is 20,029 square feet or 6.7% and the total lot coverage proposed is
37,387 square feet or 12.8% within the limits of the Zoning Code. The building pad
coverage proposed is 22.5%.
Section 3. The Planning Commission had previously denied an earlier
version of the project on May 7, 1994 (Resolution No. 94-9). The applicant appealed
that denial to the City Council. During that appeal, the applicant submitted revised
plans showing a reduction in the size of the residence. On June 23, 1994, the
Council remanded the subject case back to the Planning Commission for review of
the modified application. The revised application was then assigned a new case
number and submitted to the Planning Commission as a new application.
Section 4. The Commission approved Resolution No. 94-21 in Zoning
Case No. 505A on November 22, 1994.
Section 5. The City Council took the subject zoning case under jurisdiction
on December 19, 1994 and conducted a duly noticed public hearing to consider the
appeal of the applications on January 9, 1995, January 23, 1995, and at a field trip visit
on January 20, 1995. .At the hearings, the City Council considered the amount of
grading, restoration of the slope, the reason for constructing a semisubterranean
garage, comparisons of grading of various large projects and their pad size creation
and lot line adjustment information regarding the creation of the existing lot on
October 26, 1993.
Section 6. The Planning Commission found that the project will not have
a significant effect on the environment and adopted a mitigated Negative
Declaration in accordance with the California Environmental Quality Act.
Section 7. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code
allows for the construction of a tennis court with an approved Conditional Use
Permit.
Section 8. With respect to the request for a. Conditional Use Permit for a
tennis court, the City Council makes the following findings:
RESOLUTION NO. 754 w
PAGE 1 of 6
A. The granting of a Conditional Use Permit for a tennis 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 and the court will be
located in an area of the property where such use will be the least intrusive to
surrounding properties.
B. The granting of the Conditional Use Permit would be consistent with j
the purposes and objectives of the Zoning Ordinance and General Plan because the
tennis court will comply with the low profile residential development pattern of
the community and is located on a 7.43 acre parcel of property that is adequate in
size, shape and topography to accommodate such use.
C. The granting of a Conditional Use Permit would be consistent with the
purposes and objectives of the Zoning Ordinance and General Plan because the
tennis court will not impact the view or the privacy of neighbors. The tennis court
will be inset 4 feet below grade and will be screened by landscaping.
Section 9. Based upon the foregoing findings, the City Council hereby
approves the request for a Conditional Use Permit in Zoning Case No. 505A for a
proposed 7,060 square foot tennis court, as shown on the Development Plan dated
January 3, 1995 and marked Exhibit A, subject to the conditions specified in Section
13.
Section 10. Section 17.46.010 of the Rolling Hills Municipal Code requires a
development plan to be submitted for site plan review and approval before any
building or structure may be constructed or any expansion, addition, alteration or
repair to existing buildings may be made which involve changes to grading or an
increase to the size of the building or structure by at least 1,000 square feet and has
the effect of increasing the size of the building or structure by more than twenty-five
percent (25%) in any thirty-six month period.
Section 11. The City Council makes the following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structure complies
with the General Plan requirement of low profile, low density residential
development with sufficient open space between surrounding structures. The
project conforms to Zoning Code setback and lot coverage requirements. The lot has
a net square foot area of 291,758 square feet (6.7 acres). The residence (10,278 sq. ft.),
semisubterranean garage (1,320 sq. ft.), swimming pool (1,125 sq. ft.), inset tennis
court (7,060 sq.ft.), stable (450 sq. ft.), and service yard (96 sq.ft.) will have 20,329
square feet which constitutes 6.9% of the lot which is within the maximum 20%
structural lot coverage requirement. The total lot coverage including paved areas
and driveway will be 37,165 square feet which equals 12.7% of the lot, which is
within the 35% maximum overall lot coverage requirement. The proposed project
is on a relatively large lot with the proposed structures located away from the road
so as to reduce the visual impact of the development and is similar and compatible
with several neighboring developments. The building pad is 89,193 square feet and
structural coverage on the building pad is 22.8%.
B. The proposed development preserves and integrates into the site
design, to the maximum extent feasible, existing natural topographic features of the
lot including surrounding native vegetation, mature trees, drainage courses, and
land forms (such as hillsides and knolls). Much of the lot will remain in its natural
state and most of the development will occur on the portion of the lot previously
graded for the existing residence and existing tennis court. While the area to be
graded seems to be extremely large, grading for the project will vastly improve
drainage and restore the slope of the site.
RESOLUTION NO. 754
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C. The development plan follows natural contours of the site to
minimize grading and the natural drainage courses will continue to the eastern
canyon at the rear of the lot.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible and supplements it with landscaping
that is compatible with and enhances the rural character of the community. As
stated previously, grading for the project will improve drainage and restore some of
hh.— the natural drainage of the site.
E. The development plan, as conditioned, substantially preserves the
natural and undeveloped state of the lot by minimizing building coverage because
the new structures will not cause the structural and total lot coverage to be exceeded.
Significant portions of the lot will be left undeveloped so as to minimize the impact
of development. Further, the proposed project will have a buildable pad coverage of
22.517o. Significant portions of the lot will be left undeveloped so as to maintain
scenic vistas across the northerly portions of the property.
F. The proposed development, as conditioned, is harmonious in scale
and mass with the site, the natural terrain and surrounding residences. As indicated
in Paragraph A, the lot coverage maximum will not be exceeded and the proposed
project is consistent with the scale of the neighborhood when compared to this very
large lot. Grading shall be permitted only to restore the natural slope of the property.
The ratio of the proposed structure to lot size is similar to the ratio found on several
properties in the vicinity. The applicant's latest proposal submitted on January 3,
1995, includes a residential structure of 10,278 square feet. The City Council finds
that a structure of this size on this lot and as proposed would comply with the
requirements of the City's Site Plan Review Ordinance. Specifically, a residence of
this size would be consistent with the low profile, low-density residential
development pattern of the existing community. The size of this structure in
conjunction with other proposed improvements on the property would not crowd
the building pad or create a visually obtrusive development inconsistent with the
development on other properties along Buggy Whip Drive.
G. The proposed development is sensitive to and not detrimental to the
convenience and safety of circulation of pedestrians and vehicles because the
proposed project will utilize Buggy Whip Drive for access and has been conditioned
to provide adequate sight distance between the driveway and approaching vehicles
along Buggy Whip Drive.
H. The project will not have a significant effect on the environment and
the Planning Commission adopted a mitigated Negative Declaration in accordance
with the California Environmental Quality Act.
Section 12. Based upon the foregoing findings, the City Council hereby
approves the Site Plan for construction of a new single family residence, an attached
semisubterranean garage, pool, inset tennis court, stable, and service yard to replace
an existing single family residence and existing tennis court, as indicated on the
Development Plan dated January 3, 1995 and marked Exhibit A, subject to the
conditions specified in Section 13.
Section 13. The Conditional Use Permit for the construction of a tennis
court approved in Section 9 and the Site Plan for a new single family residence, an
attached semisubterranean garage, pool, inset tennis court, stable, and service yard,
approved in Section 12 as indicated on the Development Plan attached hereto and
incorporated herein as Exhibit A dated January 3, 1995, are subject to the following
conditions:
A. The Conditional Use Permit and Site Plan Review approvals shall
expire within one year from the effective date of approval as defined in Sections
17.42.070(A) and 17.46.080(A).
RESOLUTION NO. 754
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B. It is declared and made a condition of the Conditional Use Permit and
Site Plan Review approvals, 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 Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise approved by Variance. IN
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A dated January 3, 1995 except as otherwise
provided in these conditions.
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.
F. Structural lot coverage shall not exceed 20,329 square feet or 6.9% and
total lot coverage of structures and paved areas shall not exceed 37,165 square feet or
12.7%.
G. All grading required for the construction of the tennis court shall be
balanced on site, as regards cutting and filling and shall not exceed seven hundred
fifty (750) cubic yards.
H. The area graded for the tennis court shall not exceed 10,000 square feet.
I. Any grading shall preserve the existing topography, flora, and natural
features to the greatest extent possible.
J. A drainage system approved by the City Engineer shall be incorporated
into the overall plan of the tennis court and landscaping.
K. The landscape plan must be submitted for review by the Planning
Department and include native drought -resistant vegetation that will not disrupt
the impact of the views of neighboring properties prior to the issuance of any
building or grading 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 159o' 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.
L. Landscaping shall be designed so as not to obstruct views of
neighboring properties but, to obscure structures and tennis court fencing.
M. Tennis court lighting shall not be permitted.
N. All retaining walls incorporated into the tennis court shall not be
greater than four feet in height at any point. Exposed exterior retaining walls shall
not be permitted.
RESOLUTION NO. 754
PAGE 4 of 6
O. Tennis court fencing shall not exceed 4 feet in height above the 4 foot
high retaining walls for a total of 8 feet.
P. Noise from tennis court use shall not create a nuisance to owners of
surrounding properties.
Q. Building permits shall be obtained for each structure including
residence, attached garage, pool, stable, retaining walls and tennis court.
R. The garage shall abut, but not provide access to the residential structure
on the site by way of a doorway or other passageway.
S. There shall be only a single driveway access to Buggy Whip Drive
which shall be located so that its southerly edge is 43 feet north of the southerly
property line on Buggy Whip Drive.
T. The driveway apron shall be 26 feet in width for at least 24 feet inward
from Buggy Whip Drive.
U. The portion of the driveway that parallels Buggy Whip Drive shall not
be less than 16 feet nor more than 20 feet in width.
V. The trees within the driveway access area along Buggy Whip Drive
shall be trimmed and maintained to accommodate sight distance for ingress and
egress to the property.
W . During the construction phase, the currently configured driveway
entrance near the southerly boundary may be utilized.
X. The modifications to the driveway described in Conditions S, T, U,
and V shall be implemented within six months of the approval of this resolution.
Y. 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.
Z. 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.
AA. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
described in Condition A.
BB. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Conditional Use Permit and Site Plan Review, pursuant to Section 17.42.060,
or the approval shall not be effective.
CC. In the event that subsurface material of an archaeological,
paleontological or other cultural resource is encountered during project grading or
development, all grading and construction shall cease in the immediate area, and
the find shall be left untouched until a qualified professional archaeologist or
paleontologist, whichever is appropriate, is contacted and called in to evaluate the
find and makes recommendations as to disposition, mitigation or salvage. The
developer shall incur the cost of such professional investigation. The developer
shall comply with the mitigation measures recommended and approved by the City
for the disposition, mitigation or salvage of such material.
RESOLUTION NO. 754
PAGE 5 of 6
DD. Further subdivision of the property shall not be permitted.
EE. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional structural
development shall require the filing of a new application for Site Plan Review
approval by the Planning Commission.
FF. All conditions of these Conditional Use Permit and Site Plan Review
approvals must be complied with prior to the issuance of a building or grading
permit from the County of Los Angeles. IN
PASSED, APPROVED AND ADOPTED ON THE 14TH DAY OF FEBRUARY, 1995.
46k,"I
JODY(IU OC
41OUNCILMEMBER
ATTEST:
MARILY�RN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 754 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS APPROVING A REQUEST FOR A CONDITIONAL
USE PERMIT FOR THE CONSTRUCTION OF A TENNIS COURT
AND APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND
OTHER IMPROVEMENTS TO REPLACE AN EXISTING SINGLE
FAMILY RESIDENCE AND AN EXISTING TENNIS COURT IN
ZONING CASE NO. 505A.
was approved and adopted at a regular meeting of the City Council on February 14,
1995 by the following roll call vote:
AYES: CouncilmembersHill, Lay and Murdock.
NOES: None.
ABSENT: Mayor Heinsheimer and Mayor Pro Tem Pernell.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN ERN, DEPUTY CITY CLERK
RESOLUTION NO. 754
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