0872RESOLUTION NO. 872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION OF A SPORTS COURT AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 595.
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. and Mrs. Donald Slaught with respect
to real property located at 27 Middleridge Lane South (Lot 248 -B -2 -UR), Rolling Hills,
requesting a Conditional Use Permit to construct a sports court at an existing single family
residence.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for the Conditional Use Permit on May 18, 1999, June 15, 1999, July 20,
1999, and August 17, 1999, and at a field trip visit on May 26, 1999. The applicants were notified
of the public hearing in writing by first class mail and through the City's newsletter. Evidence
was heard and presented from all persons interested in affecting said proposal, from all
persons protesting the same, and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. The applicants were in
attendance at the hearing. The following concerns were expressed by the Commission and
nearby property owners: Zoning Code requirements for recreation courts and site specific
issues pertaining to landscaping and views, landslide, canyon development, and noise.
Section 3. On September 21, 1999, the Planning Commission approved the
application by Resolution No. 99-13 in Zoning Case No. 595.
Section 4. On September 21, 1999, an appeal to the City Council was filed by
adjacent property owners, Mr. and Mrs. Kenneth Johnson, 29 Middleridge Road South (Lot
248 -A -1 -UR), Rolling Hills.
Section 5. The City Council conducted a duly noticed public hearing to consider the
appeal on October 11, 1999, October 25, 1999, and November 8, 1999, and at a field trip visit on
October 27, 1999. The applicants and appellants were notified of the public hearing in writing
by first class mail and through the City's newsletter. Evidence was heard and presented from
all persons interested in affecting said proposal, from all persons protesting the same, and from
members of the City staff and the City Council having reviewed, analyzed and studied said
proposal. The applicants and appellants were in attendance at the hearings. The following
concerns were expressed by the Council and nearby property owners: Zoning Code
requirements for recreation courts and site specific issues pertaining to landscaping of the
sports court, viewscapes of neighboring homeowners, slope stability, canyon development,
noise, and the feasibility of a proposed stable and corral. The appeal was denied by the City
Council on November 8, 1999.
Section 6. A mitigated Negative Declaration for the original project was prepared in
accordance with the California Environmental Quality Act and adopted by the Planning
Commission on September 21, 1999. The City Council concurs with the Planning
Commission's finding that the project as modified subsequently and as presented by this
application is within the scope of the previously adopted Negative Declaration. The City
Council further finds that the project as modified will not have any new or substantially
greater environmental impacts than considered in the original Negative Declaration.
Section 7. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the
construction of a sports court with certain conditions provided a Conditional Use Permit for
such use is approved by the Rolling Hills City Council. With respect to this request for a
Conditional Use Permit, the City Council finds as follows:
A. The granting of a Conditional Use Permit for the construction of 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 and appropriately located uses in the community, and the area proposed for the
sports court would be located in an area on the property that is on a second pad below the
residential building pad. Based on permits and records regarding the grading for the second
pad, the City Council finds that the area for the proposed sports court has been legally graded
and compacted.
B. The site of the proposed sports court is located 100 feet from the base of a
canyon and on an area of the applicants' property that currently contains an asphalt parking
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area. Based on the distance from the bottom of the canyon and the existence of the flat area
on which the sports court will be located, the application is found to satisfy the Zoning
Ordinance requirement of not being located on the side or bottom of a canyon.
C. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a 2,850 square foot sports court will
not adversely affect or be materially detrimental_ to these adjacent uses, buildings, or
structures because the proposed sports court will be modest in size, constructed on a portion
of the secondary building pad, will be the least intrusive to surrounding properties as it will
replace an existing asphalt parking area, will be screened and landscaped with mature trees
and shrubs, is a sufficient distance from nearby residences so that the sports court will not
impact the view or privacy of surrounding neighbors, will improve slope stability through the
use of approved drainage, will accommodate recreation for the owners and their children, and
will permit the owners to enjoy their property without deleterious infringement on the rights
of surrounding property owners.
D. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the sports court will comply with the low profile residential
development pattern of the community and is located on a 2.31 acre parcel of property that is
adequate in size, shape and topography to accommodate such use.
E. The proposed conditional use complies with all applicable development
standards of the zone district because the graded area will not exceed a maximum graded area
of 10,000 square feet and does not exceed maximum cubic yardage of 750 cubic yards as the
applicants propose approved drainage and do not propose to grade the sports court area.
F. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan related to siting and siting criteria for hazardous
waste facilities because the project site is not listed on the current State of California
Hazardous Waste and Substances Sites List.
G. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because a future stable structure and corral, established as feasible on the project
site, is proposed for the project.
Section 8. Based upon the foregoing findings, the City Council hereby approves the
request for a Conditional Use Permit in Zoning Case No. 595 for a proposed 2,850 square foot
sports court, as shown on the Development Plan dated May 6, 1999 and marked Exhibit A,
subject to the following conditions:
A. The Conditional Use Permit approval shall expire within one year from the
effective date of approval as defined in Section 17.42.070(A) unless otherwise extended
pursuant to the requirements of that section.
B. It is declared and made a condition of the Conditional Use Permit approval, that
if any conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder shall lapse; provided that the applicant has been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested, has
been held, and thereafter the applicant fails to correct the violation within a period of thirty
(30) days from the date of the City's determination.
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. °
D. The lot shall be developed and maintained in substantial conformance with the
site plan on file marked Exhibit A dated May 6, 1999, except as otherwise provided in these
conditions.
E. An Erosion Control Plan containing the elements set forth in Section 7010 of
the 1996 County of Los Angeles Uniform Building Code shall be prepared to minimize
erosion and to protect slopes and channels to control stormwater pollution as required by
the County of Los Angeles.
F. 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 in conformance with recreation court limitations.
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G. Structural lot coverage shall not exceed 9,716 square feet or 11.4% and total lot
coverage of structures and paved areas shall not exceed 15,306 square feet or 18.0% in
conformance with lot coverage limitations.
H. Residential building pad coverage on the 19,840 square foot residential building
pad shall not exceed 6,416 square feet. or 32..3%, coverage onIhe 8,880 square foot sports court
pad shall not exceed 3,300 square feet or 37.2%, and total building pad coverage shall not
exceed 33.8%.
I. The disturbed area of the lot shall not exceed 15,356 square feet or 18.0%.
J. The surface of the sports court shall not exceed 2,850 square feet in area. The
location of the sports court shall be depicted on the Development Plan dated May 6, 1999 and
marked Exhibit A, except that (i) the east side of the sports court shall be moved one and a
half (1-1 /2) feet easterly and the west side of the sports court shall be moved one and a half (1-
1/2) feet westerly so that the width of the court is increased from 35 feet to 38 feet, and (ii) the
north side of the sports court shall be moved five (5) feet southerly so that the length of the
court is reduced from 80 feet to 75 feet.
K. Balanced cut and fill shall not exceed 750 cubic yards in accordance with grading
limitations.
L. The prepared or graded area shall not exceed 10,000 square feet in accordance
with grading limitations.
M. Grading shall not be required for the project but, any soil preparation for the
sports court shall preserve the existing topography, flora, and natural features to the greatest
extent possible.
N. The drainage plan system shall be modified and approved by the Planning
Department and City Engineer, to include any water from any site irrigation systems as well
as sports court runoff, and that all drainage from the site shall be conveyed in an approved
manner to the bottom of the canyon at the rear or west of the lot.
O. Sports court lighting shall not be permitted.
P. The sports court shall be screened with 8 foot high fencing on all four sides.
Q. The landscape plan shall include water efficient irrigation, to the maximum extent
feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers,
incorporates an irrigation design using "hydrozones," considers slope factors and climate
conditions in design, and utilizes means to reduce water waste resulting from runoff and
overspray in accordance with Section 17.27.020 (Water efficient landscaping requirements) of
the Rolling Hills Municipal Code.
R. Two copies of a preliminary 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
1517o shall be required to be posted prior to issuance of a drainage, 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.
S. Prior to construction of the sports court, irrigation and all approved landscaping
at the south end of the sports court shall be planted.
T. Landscaping shall be designed using mature trees and shrubs so as not to
obstruct views of neighboring properties but, to obscure the sports court.
U. The sports court shall be screened on all four sides with drought -resistant mature
trees and shrubs using Carolina Laurel Cherry and California pepper and Xylosma, as
described on the preliminary landscape plan.
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V. The height of the mature Carolina Laurel Cherry trees shall be a minimum of 10
feet in height when planted, as measured from the ground and California pepper trees shall be
a minimum of 12 feet in height when planted, as measured from the ground, and the Xylosma
shrubs shall be a minimum of 5 feet in height when planted, as measured from the ground.
The Carolina Laurel Cherry may, subject to the approval of the City Manager, be replaced
with a tree that provides equivalent screening as long as it is a minimum of 12 feet in height
when planted as measured from the ground. - In no event shall trees planted in accordance
with the conditions set forth in this Resolution be permitted to grow beyond 20 feet in height.
Maintenance of the trees at 20 feet shall be the responsibility of the property owner.
W. Landscaping shall be designed and extended from the sports court perimeter
using mature trees and shrubs to obscure the sports court and retaining wall when viewed
from across the canyon at the west.
X. Landscaping shall be designed and extended north of the sports court to
incorporate the modification of any existing/ remaining asphalt areas.
Y. Landscaping at the south end of the sports court shall also obscure the basketball
hoop when extended to a maximum height of 12 feet 8 inches.
Z. A maximum of one extendable and retractable basketball hoop shall be
permitted, at the south end of the sports court; the basketball standard shall be limited to a
maximum height of 8 feet when retracted; and the basketball backboard shall be constructed
of a transparent material with the exception of any standard basketball backboard markings.
AA. Noise from sports court use shall not create a nuisance to owners of surrounding
properties.
AB. During construction, dust control measures shall be used to stabilize the soil
from wind erosion and reduce dust and objectionable odors generated by construction
activities in accordance with South Coast Air Quality Management District, Los Angeles
County and local ordinances and engineering practices.
AC. During construction, conformance with local ordinances and engineering
practices so that people or property are not exposed to landslides, mudflows, erosion, or land
subsidence shall be required.
AD. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances and
engineering practices so that people or property are not exposed to undue vehicle trips, noise,
dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required.
AE. During and after construction, all soil preparation, drainage, and landscape
sprinklers shall prevent water from permeating the sports court building pad, protect the
building pad from erosion, and direct surface water to the bottom of the canyon at the west.
AF. During construction, the Erosion Control Plan containing the elements set forth
in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be followed to
minimize erosion and to protect slopes and channels to control stormwater pollution as
required by the County of Los Angeles.
AG. During construction, 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.
AH. During and after construction, all parking shall take place on the project site.
AI. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday only, when construction and mechanical equipment
noise is permitted, so as not to interfere with the quiet residential environment of the City of
Rolling Hills.
AJ. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Health Department requirements for the installation and
maintenance of septic tanks.
AK. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Health Department requirements for the installation and
maintenance of stormwater drainage facilities.
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AL. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMP's) related to solid waste.
AM. A detailed drainage plan. that conforms to -the cievelopinenf plan as approved by
the Planning Commission must be submitted to the Rolling Hills Planning Department staff
for their review.
AN. The project must be reviewed and approved by the Rolling Hills Community
Association Architectural Review Committee prior to the issuance of any drainage, building or
grading permit.
AO. 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.
AP. Any modifications to the project which would constitute grading or additional
structural development shall require the filing of a new application for approval by the
Planning Commission.
AQ. The applicant shall execute an Affidavit of Acceptance of all conditions of this
Conditional Use Permit, pursuant to Section 17.42.060, or the approval shall not be effective.
AR. All conditions of this Conditional Use Permit approval must be complied with
prior to the issuance of a drainage, building or grading permit from the County of Los
Angeles.
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PASSED, APPROVED AND ADOPTED ON THE 22ND DAY OF
NOVEMBER, 1999.
ATTEST:
MARILYN KVRN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 872 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION OF A SPORTS COURT AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 595.
was approved and adopted at a regular meeting of the City Council on November 22, 1999 by
the following roll call vote:
AYES: Councilmembers Hill, Lay, Murdock and Mayor Pro Tem Pernell.
NOES: None.
ABSENT: mayor Heinsheimer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
MARILYN RN, DE. P/ U< TY CITY CLERK
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