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5BDRAFT MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION 10011010 CITY OF ROLLING HILLS DECEMBER 16, 2014 ISKII* u-MllNImfoxe a 9' Agenda Item No. 5-B Meeting Date: 01-20-15 A regular meeting of the Planning Commission of the City of Rolling Hills was called to order by Chairman Chelf at 630 p.m. on Tuesday, December 16, 2014 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Commissioners Present: Gray, Kirkpatrick, Mirsch, Smith and Chairman Chet£ Commissioners Absent: None. Others Present: Yolanta Schwartz, Planning Director. Raymond R. Cruz, City Manager. Shahiedah Coates, Assistant City Attorney. Heidi Luce, City Clerk. Ross Bolton, Bolton Engineering. George Sweeney, Architect. Helen Frykman, 10 Crest Road West. Dan Bolton, Bolton Engineering. Russ Barto, Architect. Jonathan Parker (on behalf of Dave Parker, 86 Saddleback Road). Roger North, Architect. APPROVAL OF THE AGENDA Approved as presented. PUBLIC COMMENTS ON MINUTES AND ANY ITEM NOT ON THE AGENDA None. APPROVAL OF MINUTES November 18, 2014 Adjourned Regular Meeting of the Planning Commission Minutes Planning Commission Regular Meeting 12-16-14 G DRAFT Commissioner Gray moved that the Planning Commission approve the minutes of the adjourned regular meeting of the Planning Commission held on November 18, 2014 as presented. Commissioner Mirsch seconded the motion, which carried without objection. November 18, 2014 Regular Meeting of the Planning Commission Vice Chairperson Smith moved that the Planning Commission approve the minutes of the regular meeting of the Planning Commission held on November 18, 2014 as presented. Commissioner Gray seconded the motion, which carried without objection. RESOLUTIONS RESOLUTION NO. 2014-19. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF CERTAIN MODIFICATIONS TO A PREVIOUSLY APPROVED PROJECT CONSISTING OF GRADING AND CONSTRUCTION OF A NEW RESIDENCE, BASEMENT, SWIMMING POOL, RECONFIGURED DRIVEWAYS AND ADDITIONAL DRIVEWAY APPROACH, VARIOUS RETAINING WALLS AND EXCEEDANCE OF THE DISTURBANCE OF THE LOT, WHERE A CONDITION HAS BEEN IMPOSED THAT ANY MODIFICATION TO THE APPROVED PROJECT SHALL BE SUBJECT TO PLANNING COMMISSION REVIEW AND APPROVAL IN ZONING CASE NO. 824 AT 40 EASTFIELD DRIVE (LOT 91 -EF), ROLLING HILLS CA, (TONSICH). THE REQUEST ENTAILS VARIOUS MODIFICATIONS TO THE PROJECT REQUIREING A NEW SITE PLAN REVIEW AND VARIANCE APPLICATIONS, IN ZONING CASE NO. 862. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz briefly reviewed the applicant's request and stated that at the last meeting, the Planning Commission requested a Resolution granting approval of the applicant's request with the exception of the stairway from one of the lightwells to the lower part of the property and the applicant has subsequently withdrawn that portion of the request. She stated that applicant has also submitted an new plan showing that the stairway has been eliminated and at this time the applicant is not proposing any additional access to the lower level from the upper level. She further stated that in addition to standard conditions of approval, the Resolution also includes a condition that any further modification or future development must be brought before the Planning Commission for review. In response to Vice Chairperson Smith regarding on-going monitoring of this project, Planning Director Schwartz stated that the Building Department will monitor the project through the inspection process once the permits are obtained. Commission Mirsch suggested that the inspections be done more frequently. Chairman Chelf called for public comment. Minutes Planning Commission Regular Meeting 12-16-14 - 2 - DRAFT Ross Bolton, Bolton Engineering addressed the Planning Commission on behalf of the applicant stating that the County has been coming more frequently for inspections and offered to answer any questions the Planning Commission may have. Following brief discussion, Commissioner Gray moved that the Planning Commission adopt Resolution No. 2014-19 granting approval of the applicant's request in Zoning Case No. 862 at 40 Eastfield Drive. Commissioner Kirkpatrick seconded the motion which carried without objection. RESOLUTION NO. 2014-21. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT, SITE PLAN REVIEW AND VARIANCES TO CONSTRUCT A STABLE WITH A LOFT IN THE FRONT YARD AREA OF THE LOT AND A CORRAL IN THE FRONT YARD SETBACK; A SWIMMING POOL AND A WALL IN THE REAR YARD SETBACK; TO RETAIN AN UNPERMITTED TRELLIS AND BARBEQUE IN THE REAR YARD SETBACK AND FOR GRADING WHICH WOULD CAUSE EXCEEDANCE OF THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 860 AT 10 CREST ROAD WEST, LOT 2 -CH, ROLLING HILLS, CA. (FRYKMAN). IT HAS BEEN DETERMINED THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz briefly reviewed the applicant's request and stated that at the last meeting, the Planning Commission requested a Resolution granting approval of the applicant's request. She stated that in addition to standard conditions of approval, the Resolution also includes a condition that the stable be screened from view from Crest Road West as well as from the neighbor to the west and the applicant has submitted a landscaping plan showing the proposed screening, as well as a condition that any future development must be brought before the Planning Commission for review. She further stated that in reviewing the Resolution after the packets were delivered, she noticed that she neglected to include the condition that the unauthorized barbeque and trellis be brought into compliance and a building permit be obtained so a revised Resolution including that condition as well as correcting a typo has been placed on the dais. Chairman Chelf called for public comment. George Sweeny, Architect addressed the Planning Commission on behalf of the applicant to briefly review the proposed landscape screening and offering to answer any questions. Helen Frykman, 10 Crest Road West addressed the Planning Commission stating that she is in communication with the neighboring property owner with regard to the screening. Vice Chairperson Smith stated that she is not comfortable with the location of the pool being completely in the rear setback and will likely not support the Resolution. Commissioner Gray stated that he believes that the location of the proposed pool is an inappropriate use of the rear setback and he cannot support that portion of the Resolution. He suggested again that the applicant separate the applications. Vice Chairperson Smith concurred. Minutes Planning Commission Regular Meeting 12-16-14 3 - DRAFT Chairman Chelf commented that every lot in this community is unique and this is a very challenging lot given the topography and other factors. He stated that, given the unique topography of this lot, the pool can not be seen from any neighboring property and because of where the house was originally positioned when it was built, there are challenges with this property and it would not make sense to place the pool in the front yard which would be the only other option. Vice Chairperson Smith commented that the pool could have been made smaller or one of the pools could have been eliminated but the applicant has not been willing to make any of those suggested changes. Commissioner Mirsch expressed a similar sentiment but commented that this is a challenging lot and she feels that the unique features of the lot justify making the exception. Following brief discussion, Commissioner Mirsch moved that the Planning Commission adopt Resolution No. 2014-21 granting approval of the applicant's request in Zoning Case No. 860 at 10 Crest Road West. Commissioner Kirkpatrick seconded the motion which carried, with Commissioner Gray and Vice Chairperson Smith opposed. RESOLUTION NO. 2014-20. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW AND VARIANCE REGARDING STAIRS, WALLS AND RELATED IMPROVEMENTS IN ZONING CASE NO. 863 AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER). THE PROJECT WAS DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONEMNTSL QUALITY ACT (CEQA). Vice Chairperson Smith recused herself from consideration of this case due to the proximity of her property to the subject property. Chairman Chelf introduced the item and asked for staffs comments. Planning Director Schwartz briefly reviewed the applicant's request and stated that at the last meeting, the Planning Commission requested a Resolution granting approval of the applicant's request. She stated that in addition to standard conditions of approval, the Resolution also includes a condition that any further modification or future development must be brought before the Planning Commission for review and that the graded slopes, the walls, and the area of the stairs be planted per the landscaping plan that was submitted. She further stated that a landscaping bond will also be required and building permits must be obtained for the as built structures as well and the approved structures. Chairman Chelf called for public comment. Dan Bolton, Bolton Engineering addressed the Planning Commission on behalf of the applicant offering to answer any questions. Following brief discussion, Commissioner Mirsch moved that the Planning Commission adopt Resolution No. 2014-20 granting approval of the applicant's request in Zoning Case No. 863 at 38 Portuguese Bend Road. Commissioner Gray seconded the motion which carried without objection. Vice Chairperson Smith returned to the dais. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING Minutes Planning Commission Regular Meeting 12-16-14 - 4 - DRAFT ZONING CASE NO. 865. 2 Ringbit Road East, Lot 44 -SF Rolling Hills, CA, (Lewis). APPLICANT REQUESTED CONTINUANCE TO A FIELD TRIP MEETING IN FEBRUARY. Consideration of this case was continued at the request of the applicant. ZONING CASE NO. 867. Request for a Site Plan Review and Variance to construct a 514 square foot garage attached to the main residence by a 170 square foot breezeway, which when added to a recent administrative approval of 887 square foot addition, exceeds the scope permitted to be administratively approved within a 3 -year period, to construct 3,021 square feet above grade decks and to exceed the maximum permitted out of grade configuration of the garage at 1 Pine Tree Lane, Rolling Hills, CA, Lot 102-RH, (Delgado). It has been determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA). Chairman Chelf introduced the item and asked for stasis comments. Planning Director Schwartz stated that the Planning Commission visited the site earlier in the day to view the applicant's request. She reviewed the applicant's request stating that this property is a corner lot on the corner of Portuguese Bend Road and Pine Tree Lane with access off of Pine Tree Lane. She stated that the applicant is proposing a 514 sq. ft. garage to be attached to the existing residence via a breezeway and an addition to the existing residence. She commented that an out of grade condition exists currently on the property and that the applicant is also requesting a Variance to exceed the maximum permitted out of grade construction for the garage and to construct above grade decks along the rear of the property which will all be camouflaged by planter walls. She further stated that the applicant is also requesting a service yard and trellis. She noted that a neighbor who was present at the field trip but left before the conclusion had previously expressed concern regarding the ridge height and in speaking with him after the meeting, she relayed his request that any new trees planted not grow taller than the ridgeline. She stated that he also expressed concern that he will be able to see more of the chimneys with the roof being raised. Planning Director Schwartz reviewed the development standards stating that the project meets the Zoning Code with structural coverage at 10.4%, total lot coverage at 20.1 % and building pad coverage at 30.9%. She further commented that there is a tennis court and gazebo for which only the tennis court has been permitted and building permits will have to be obtained for the gazebo. She further stated that the Rolling Hills Community Association is also reviewing the out of grade construction. In response to Vice Chairperson Smith regarding the chimney height, Planning Director Schwartz stated that the building code requires 2 ft. minimum above the roof. Discussion ensued concerning the chimneys and it was noted that there are two chimneys proposed. The applicant's representative provided photographs of the existing chimneys that were provided by the neighbor at 30 Portuguese Bend Road and were taken from that property. Chairman Chelf called for public comment. Russ Barto, Architect addressed the Planning Commission stating the property contains several existing out of grade conditions and the solution they propose it to build planters and bank the earth back against the house to lessen the appearance of the out of grade condition. He further reviewed the applicant's request and stated that based on the configuration of the house on the lot, what the applicant is Minutes Planning Commission Regular Meeting 12-16-14 a DRAFT requesting will not impend on any of the neighbors. Regarding the chimneys, he stated that the applicant would be willing to accept a condition that the chimneys not be higher than required by the Building Code. Brief discussion ensued concerning the photographs with the Planning Commission noting that the chimneys were barely visible in the photographs. In response to Chairman Cheif regarding pulling the decks out, Mr. Barto commented that doing so won't solve the out of grade condition. Commissioner Gray commented that he feels that the applicant has effectively dealt with the out of grade conditions, noting there are several properties in the community with out of grade conditions. He further commented that he does not feel that the chimneys will interfere with the neighbors view. Vice Chairperson Smith commented that the house is very disjointed, but she agrees with Commissioner Gray that this is an effective way to solve the difficult out of grade condition. Commissioner Mirsch commented that she recognizes the concern about the out of grade condition, but she appreciates the difficulty of the situation and that the applicant is attempting to make the existing out of grade condition look better. Commissioner Kirkpatrick commented that he too feels this is the best resolution to a difficult condition. Commissioner Mirsch commented that during the field trip, she noticed that the existing tennis court is not screened and suggested that a condition be added to the Resolution that the tennis court be screened. Brief discussion ensued concerning screening of the tennis court. Planning Director Schwartz suggested that the language in the condition state that the trees be of a certain height so as to provide immediate screening. The Planning Commission concurred. Following discussion, Vice Chairperson Smith moved that the Planning Commission direct staff to prepare a Resolution granting approval of the applicant's request in Zoning Case No. 867 at 1 Pine Tree Lane with the standard findings of fact and conditions of approval and a condition that the tennis court be screened. Commissioner Mirsch seconded the motion which carried without objection. ZONING CASE NO. 852. SUBDIVISION NO. 93. VESTING TENTATIVE PARCEL MAP NO. 72232, a request to subdivide an existing lot totaling 7.051 acres gross into 2 parcels as follows: Parcel 1: 2.40 acres gross, 1.96 acres net; Parcel 2: 4.64 acres gross, 3.71 acres net. The property is currently vacant and is addressed as 80 Saddleback Road (Lot 67-RH), in the RA -S-1 Zone, Residential Agricultural -Suburban 1 -Acre minimum net lot area, to be implemented by Mr. Jerry Turpanjian. It has been determined that this project with mitigation measures will not have a significant effect on the environment. Accordingly, a DRAFT MITIGATED NEGATIVE DECLARATION has been prepared. Chairman Chelf introduced the item stating that the Planning Commission visited the site earlier in the day but given the inclement weather conditions, was unable to complete the field trip and asked for staffs comments. Planning Director Schwartz briefly reviewed the applicant's request for a two -lot subdivision at 80 Saddleback Road. She stated that at the field trip earlier in the day, the Planning Commission reviewed the plans and saw a model of the proposal. She further stated that the Planning Minutes Planning Commission Regular Meeting 12-16-14 a Commission questioned the location of the stable on Lot i and the access to that stable. She commented that the applicant's engineer has proposed an alternate location for the stable that would not require use of the stable access road previously proposed but rather it would gain access directly from the driveway serving the house. She stated that the Traffic Commission will review the proposed driveway in January. In response to Commissioner Mirsch with regard to what latitude the Planning Commission has in approving or not approving a request for a subdivision, Assistant City Attorney Coates stated that the Planning Commission is an advisory body to the City Council with regard to subdivision maps. She stated that the Planning Commission should look at the application to determine if it is consistent with the codes and whether or not it presents any environmental issues and if the resulting subdivision is consistent with the codes and there are no substantial environmental issues, the Planning Commission would recommend approval. She further clarified that the Planning Commission is not approving the subdivision, but rather recommending approval to the City Council which is the ultimate body that will approve or deny the request. Brief discussion ensued concerning the Planning Commission's discretion with regard to the buildability of the proposed lots. Planning Director Schwartz stated that it is the applicant's responsibility to do the appropriate soils and geology studies and percolation studies to make that determination and in this application, that has been done preliminarily and the engineer and Fire Department have indicated that it has been adequately reviewed but future, more detailed study will have to be done. Chairman Chelf called for public comment. Dan Bolton, Bolton Engineering addressed the Planning Commission on behalf of he applicant offering to answer any questions. He stated that per the model that has been prepared, the property owner has attempted to demonstrate his vision for the proposed lots. He further stated that they are in receipt of the letter from the Stetson family and they are working to address their concerns. In response to Commissioner Mirsch, Mr. Bolton stated that it is his understanding that the property owner has every intention of building the houses and that members of his family will live in the houses. In response to Commissioner Kirkpatrick regarding having one driveway that splits off to serve both properties, Mr. Bolton stated the they would consider that if the Planning Commission provided such direction, but it is his understanding that the City prefers separate driveways. Planning Director Schwartz stated that the City typically does not encourage that type of configuration. Jonathan Parker addressed the Planning Commission on behalf of his father Dave Parker, 86 Saddleback Road stating that their property is below the proposed subdivision and they feel they will be overlooked by the property above. He also expressed concern regarding the driveway configuration specifically the stable access. It was noted that per Planning Director Schwartz' previous comments, the applicant has eliminated the stable access roadway. Discussion ensued concerning Mr. Parker's concerns and possible remedies to alleviate the concerns. It was noted that in most instances, those concerns would be addressed during the site plan review process if and when the applicant comes to the Planning Commission to develop the lots. It was suggested that if the Parkers are amenable, the Planning Commission could visit the Parker property during the field trip. Minutes Planning Commission Regular Meeting 12-16-14 -7- 16191MI ft Roger North, Architect addressed the Planning Commission on behalf of the applicant reminding the Planning Commission that the focus of this request is the feasibility of the subdivision not any individual houses which will come as part of the site plan review. Mr. North further noted that when the applicant originally submitted this request, it was proposed as three lots but having done the preliminary investigation, it was determined that three lots wasn't feasible and the request was changed to two lots. He stated that the proposed two -lot subdivision meets all of the standards and no variances are being requested. Mr. Parker stated that the Planning Commission is welcome to visit their property during the site visit. Assistant City Attorney Coates commented that while the Planning Commission is limited in its ability to not recommend approval of the subdivision, it does have the ability to impose conditions, which would be submitted with its recommendation. Brief discussion ensued concerning the subdivision process and criteria for imposing conditions. Following brief discussion and considering that the Planning Commission was unable to complete the field trip, consideration of this case was continued to a field trip scheduled to be held on Tuesday, January 20, 2015 beginning at 7:30 a.m. NEW PUBLIC HEARINGS ZONING CASE NO. 869. SUBDIVISION NO. 94. VESTING TENTATIVE PARCEL MAP NO. 72775. a request to subdivide an existing lot totaling 7.05 acres gross into 2 parcels as follows: Parcel 1: 3.70 gross acres, 3.0 net acres; Parcel 2: 3.34 gross acres, 2.67net acres. The property is currently vacant and is located on the south side of Crest Road East, between 17 Crest Road E. and 29 Crest Road E. (Lot 32 -A -MS), Parcel No.: 7567-011-020 in the RA -S-2 Zone, Residential Agricultural -Suburban 2 -Acre minimum net lot area, to be implemented by Mr. Jim Hynes. It has been determined that this project with mitigation measures will not have a significant effect on the environment. Accordingly, a DRAFT MITIGATED NEGATIVE DECLARATION has been prepared. Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request for a subdivision of a vacant lot on Crest Road East known as 23 Crest Road East. She stated that the lot is a little over 7 acres gross and is in the RAS -2 zone meaning the resulting lots will have to be a minimum 2 acres net lot area. The subdivision proposes two lots — Lot 1 is proposed to be 3 acres net and Lot 2 is proposed to be 2.67 acres net. She stated that the lot has not been previously developed and two new driveways are proposed with access from Crest Road East and the fixture stables will each be served by an access road off the proposed driveways subject to the Rolling Hills Community Association's approval because they are proposed in the easement. She further stated that there are some environmental concerns with this proposal in the Klondike Canyon which contains a blueline stream along the property. She stated that pursuant to the California Environmental Quality Act, staff had to determine if there are any environmental concerns and an environmental study was prepared. She stated that the Environmental Study was mailed to the local and state agencies that are required to be noticed and is included with the staff report. She noted that to date, there have not been any responses. She further noted that the Flying Triangle, which is located below Minutes Planning Commission Regular Meeting 12-16-14 3 io;.N0 the proposed subdivision, is another area of concern but the applicant is not proposing to build anywhere near that area but rather closer to the roadway behind the roadway setback. Planning Director Schwartz further stated that a letter from a neighboring property which objects to the subdivision was received and has been placed on the dais. She further commented that she received two additional phone calls from other neighbors expressing a similar sentiment. She stated that a biological assessment study has been requested and the applicant is contracting with a consultant to do the assessment and the results should be ready for consideration at the next meeting. Planning Director Schwartz reminded the Planning Commission that it is an advisory board to the City Council in this matter and the required findings are included in the staff report. She stated that the preliminary tests for percolation and soils and geology as well as the Fire Department's review as well as their recommendations are included with the staff report and they indicated that for subdivision purposes, the proposal is feasible. She further stated that when the homes come before the Planning Commission for site plan review, all of the other conditions will be considered. She stated that the only item the applicant is not meeting in this request is the requirement that the lot be 150 ft. in width an any point, but the Planning Commission has the ability to waive certain elements of design if it does not affect health and safety and if it is not inconsistent with the General Plan. She noted that at the very southern portion of the proposed lots, they do not meet that requirement and the applicant is asking to keep that configuration considering that the area in question is in the canyon and likely not buildable. She stated that the driveways will be reviewed by the Traffic Commission in January and the application will also be subject to Rolling Hills Community Association review and approval. Commissioner Mirsch asked if it would be possible for staff to provide the Planning Commission with information as to the size of the lots in this area. Planning Director Schwartz responded that staff will provide that information. Chairman Chelf called for public comment. Dan Bolton, Bolton Engineering addressed the Planning Commission offering to answer any questions the Planning Commission may have. Following brief discussion, consideration of this case was continued to a field trip scheduled to be held on Tuesday, January 20, 2015 beginning at 7:30 a.m. SCHEDULE OF FIELD TRIPS The Planning Commission scheduled field trips to the following properties to be conducted on Tuesday, January 20, 2015 beginning at 7:30 a.m. Crest Rd. E (proposed subdivision) 80 Saddleback Road ITEMS FROM THE PLANNING COMMISSION None. Minutes Planning Commission Regular Meeting 12-16-14 a DRAFT ITEMS FROM STAFF None. /Vi Zeli��lu1:4 iIi Hearing no further business before the Commission, Chairman Chelf adjourned the meeting at 8:14 p.m. to an adjourned regular meeting of the Planning Commission scheduled for Tuesday, January 20, 2015 beginning at 7:30 a.m. for the purpose of conducting field trips to the proposed subdivision on Crest Road East and 80 Saddleback Road. The next regular meeting of the Planning Commission is scheduled to be held on Tuesday, January 20, 2015 at 6:30 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Chairman Minutes Planning Commission Regular Meeting 12-16-14 -DO-