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City Council Agenda 07-11-2016CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the S`h day of July, 2016, I serve the within City Council Meeting - 07/11/2016 a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: E -MAILED MAILED DropBox NONE RH Web site listSery Interested parties City Attorney CouncilMembers Dieringer, Pieper, Black, Mirsch and Wilson DELIVERED City Manager City Council Also posted at City Hall, at www.Rolling-Hills.org and PDF's in DropBox. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the gih day of July, 2016 at Rolling Hills, California. Ewa Nikodem Administrative Assistant MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JULY 11, 2016 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:04 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembcrs Present: Councilmembers Absent: Others Present: Black , Mirsch, Pieper, Wilson and Mayor Dieringer. Arrived at 7:27p.m. None. Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Terry Shea, Finance Director. Heidi Luce, City Clerk. Jill Smith, Former Planning Commissioner. Hal Light, Attorney (Hassoldt). Gary Wynn, Wynn Engineering. Howard Weinberg, Attorney (Nuccion). Sid Croft, Attorney (RHCA). Captain Dan Beringer, LASD, Lomita Station. Sgt. Tony Blanchard, LASD, Lomita Station. OPEN AGENDA - PUBLIC COMMENT WELCOME None CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. B. Minutes - Regular Meeting of June 27, 2016. RECOMMENDATION: Approve as presented. Payment of Bills. RECOMMENDATION: Approve as presented. Councilmember Wilson moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. SPECIAL PRESENTATION Special Presentation to Jill Smith in recognition of her service to the community as Member of Planning Commission from 2007-2016 Mayor Dieringer presented a plaque to Jill Smith in appreciation of her service as a member of the Planning Commission for nearly 10 years and thanked her for her dedication and service to the Community. Ms. Smith thanked the City Council for the recognition and stated that she enjoyed serving on the Planning Commission. She urged the City Council to continue to preserve this special community. COMMISSION ITEMS RESOLUTION NO. 2016-15 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG) AND CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicant's request to construct a new residence and other amenities at 5 Pine Tree Lane. She stated that after review and several changes to the original proposal, the Planning Commission approved the request, which includes a new driveway off of Pine Tree Lane and further to the north than the existing driveway. She stated that the Traffic Commission reviewed the originally proposed driveway apron as for sight visibility and traffic safety and recommended approval but the applicant has since revised the driveway approach in response to comments from a neighbor and in order to retain some existing Pine trees; but the revisions have not yet been reviewed by the Traffic Commission. She stated that the Traffic Commission will review the revised driveway apron at its next meeting and its recommendation will be forwarded to the City Council. She further stated that the existing driveway apron will be retained because it also serves the property at 3 Pine Tree Lane, but access to the house at 5 Pine Tree from the existing apron will be eliminated. She stated that during the proceedings, the Planning Commission heard general objections from the previous property owner of 3 Pine Tree Lane who was primarily concerned about the impact the development would have on the common driveway; but that concern was alleviated when it was realized that access to 3 Pine Tree Lane would remain. There were no further concerns raised by that individual. She further stated that following the sale of 3 Pine Tree Lane, the new property owner sent an c -mail to staff, which is included with this staff report, objecting in general to the project and subsequently came to City Hall to review the plans. She stated that the property owner at 10 Pine Tree Lane also expressed concern that the silhouette could be seen from their property and submitted photographs, which are also included with the staff report. She stated that also included with the staff report is a letter from the property owner regarding the project and her correspondence and contact with the new property owner at 3 Pine Tree Lane. She further reviewed the project including the grading and development standards which are all within the Code requirements with the exception of the walls, which require a variance because they exceed the 2.5 ft. average and the disturbance, which also requires a variance. In response to Councilmember Mirsch regarding the correspondence from the new property owner at 3 Pine Tree Lane, Planning Director Schwartz stated that is it her understanding that he acquired the property before the Planning Commission approved the project but did not attend any Planning Commission meetings. In response to Mayor Dieringer, City Attorney Jenkins stated that the City Council may not extend its opportunity to take this case under jurisdiction; but if the City Council chooses not to take this case under jurisdiction, the case may still be appealed. General discussion ensued concerning the disturbance, the set aside area for the stable and corral and the driveway access to 3 Pine Tree Lane. Mayor Pro Tem Black arrived and took his place at the dais. Following discussion, Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2016-15 granting approval of the applicant's request in Zoning Case No. 901 at 5 Pine Tree Lane and accept the Traffic Commission's recommendation to approve the new driveway approach. Mayor Pro Tem Black seconded the motion, which carried without objection. Minutes City Council Meeting 07-11-16 PUBLIC HEARINGS ZONING CASE NO. 880 -REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 300 SQUARE FOOT ADDITION OF WHICH 61 SQUARE FEET ENCROACHES UP TO 5.2' INTO THE SIDE YARD SETBACK, AND THE ROOF OVERHANG ENCROACHES 3.8' INTO THE SIDE SETBACK BEYOND THE MAXIMUM OF 5' ENCROACHMENT ALLOWED; TO PROVIDE LESS THAN THE MINIMUM REQUIRED 4' -WIDE WALKWAY ALONG A PORTION OF THE PERIMETER OF THE RESIDENCE ADDITION AND TO CONSTRUCT A 6' HIGH RETAINING WALL IN SIDE SETBACK. PREVIOUS PROPOSAL WAS PUBLICLY REVIEWED AT THE CITY COUNCIL FIELD TRIP MEETING TO THE SITE ON OCTOBER 26, 2015 AND AT THE REGULAR CITY COUNCIL MEETINGS ON OCTOBER 26, 2015 AND NOVEMBER 9, 2015. THE PROJECT IS LOCATED AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA IN THE RAS-I ZONING DISTRICT, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. Councilmember Pieper recused himself from consideration of this case due to the proximity of his property to the subject property and left the dais. Mayor Dieringer introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the background on this case stating that this case was taken under jurisdiction by the City Council following the Planning Commission's approval in September 2015. She stated that the Planning Commission approved the applicant's request for a 300 sq. ft. addition of which 61 sq. ft. encroaches into the side yard setback and a variance for a 2 ft. acccss way with a ramp around the addition. She further reviewed the applicant's request stating that during previous meeting, the City Council expressed concern regarding the 2 ft. access way and suggested that applicant address this concem. She stated that since the City Council last heard this matter, several versions of this project were submitted to staff with submittal of this latest version, the applicant is requesting that the City Council reconsider its decision to not allow the 2 ft. access way around the addition. She reviewed the current proposal, which includes a flat 2 ft. walkway around the corner of the addition with a 6 ft. wall, which is located outside the Association easement but in the setback requires a variance. She stated that based on the City Council's previous suggestion to create a 4 ft. walkway around the addition, which would require construction of a wall in the Association easement, the applicant presented the proposal to the Rolling Hills Community Association. She stated that the proposal was approved by the Association with conditions, which are unacceptable to the applicant so the applicant is requesting that the City Council reconsider the mater, and approve the 2 ft. walkway. Planning Director Schwartz noted corrections to the staff report with regard to the total square footage - addition 342 sq. ft. (not 322); total residence 3,971 sq. ft (not 3,951); total lot coverage 10,413 sq. ft. (not 10,273) at 28.5% (not 28.2%). Shc further reviewed the applicant's request stating that all of the other development standards are within the Zoning Code requirements. In response to Councilmember Mirsch regarding the assertion in the letter from the applicant that there is another property that has a less than 4 ft. walkway around the property, Planning Director Schwartz stated that staff is unaware of such a condition. Mayor Pro Tem Black commented that since he has been on the City Council, a less than 4 ft. walkway has never been approved. Mayor Dieringer called for public comment. Hal Light, Attorney addressed the City Council on behalf of the applicant. Mr. Light distributed copies of a photograph of the property at 13 Portuguese Bend Road in support of the assertion that there is another property where a less than 4 ft. walkway exists. In response to Mayor Pro Tem Black, Mr. Light commented that he does not know when the wall depicted in the photograph was built. With regard to the applicant's request for a variance to allow the less than 4 ft. walkway, Mr. Light commented that the City received an e-mail from a Captain at Fire Station 56 indicating that they were okay with the proposed access. Mr. Light further expressed concern regarding the amount of time this project has taken and urged the City Council to approve the current proposal given that the area where acccss is only 2 ft. in width is so small and is now flat instead of the ramped configuration. Gary Wynn, Wynn Engineering addressed the City Council on behalf of the applicant to further explain the applicant's revised request stating that he believes this is the best solution for this situation. In response to Mayor Dieringer, Mr. Wynn commented that in his estimation, 5 ft. of the area would have a 2 ft. walkway. In response to Councilmember Wilson and Mayor Dieringer, Mr. Wynn stated that he surveyed the property in 2012 for consideration of the purchase of the property and explained the type of Minutes City Council Meeting 07-11-16 survey that was completed at that time. Howard Weinberg, Attorney addressed the City Council on behalf of the property owner at 18 Portuguese Bend Road and distributed a letter to the City Council. In response to Mayor Dieringer, Mr. Weinberg explained that the letter included documents relating to the granting of a license agreement from the RHCA that were just obtained from the Association at 2pm today. Mr. Weinberg commented that the correspondence shows that applicant could comply with the previous direction to create a 4ft. walkway if they were willing to accept the conditions outlined by thc Association, but rather they arc coming back and requesting that the City Council approve a variance to allow a 2 ft. walkway. Mr. Weinberg commented that he does not believe the City Council can make the findings to grant the variance to allow the 2 ft. walkway. He further commented that he believes that if the variance is to be considered then the project would be subject to CEQA review. In response to Mayor Dieringcr, Mr. Weinberg commented that it would not be appropriate for the Nuccions to contribute monetarily to the condition imposed on the Hassoldts by the Association. Mr. Light addressed the City Council in response to the correspondence submitted by Mr. Weinberg to further explain the Hassoldt's position. Sid Croft, Attorney addressed the City Council on behalf of the Rolling Hills Community Association to explain the granting of the license agreement and the conditions that were imposed. In response to Mayor Dieringcr, Mr. Croft further explained the reasoning behind the conditions. Hearing no further public comment, Mayor Dicringer closed the public hearing. In response to Mr. Light's comment regarding the Station 56 Captain's comments regarding the proposed 2 ft. access Planning Director explained that although the scope of this project did not trigger Fire Dept. review for Fire Code requirements, the comments by a local Fire Captain are just an opinion and should not be construed as acceptable or safe. She further commented that were this project of such a scope that it would trigger Fire Dept. review, the Fire Dept. would require a 5 ft. walkway. With regard to the CEQA review issue raised by Mr. Weinberg, City Attorney Jenkins stated that staff has determined this project is categorically exempt and the Supreme Court recently issued an opinion on the subject of exceptional circumstances concluding that it is very difficult to overcome a categorical exemption and the objector must prove factually that there is an unusual circumstance warranting further environmental review. City Attorney Jenkins further commented, with regard to the subject of hardship, the applicant cannot demonstrate hardship by showing economic hardship and further reviewed the criteria for granting a variance. Discussion ensued concerning thc applicant's reliance on an old survey and the original suggestion that the Pine tree be removed. Mayor Dieringer commented that she would not be supportive of including a condition that the Pine tree be removed. Councilmember Mirsch commented that she believes the City Council has been very reasonable and has attempted to come to a fair and reasonable solution but there appears to be inflexibility on the part of he applicant. She further commented that she still docs not believe the findings can be made to support granting the variance to allow a 2ft. walkway. Following brief discussion, Mayor Pro Tem Black moved that the City Council direct staff to prepare a Resolution approving the variance to encroach into the side yard setback with a portion of the 300 sq. ft. addition; and denying the request for a variance to provide less than the minimum required 4 If. wide walkway along a portion of the perimeter of the addition with the findings of fact as discussed and with a condition that the Pine tree located near the southern property line be removed if the retaining wall is built in the RHCA easement. Councilmember Wilson seconded the motion, which carried with Mayor Dieringer opposed. The public hearing was closed. Councilmember Pieper returned to the dais. OLD BUSINESS CONSIDERATION OF AN INCREASE IN THE FY 16/17 BUDGET FOR SUPPLEMENTAL TRAFFIC ENFORCEMENT. Mayor Dieringer introduced the item and asked for staffs comments. City Manager Cruz presented the staff report and provided an overview of the background on this issue. He stated that thc traffic citation statistics are included in the staff report and Captain Beringer is present to answer any questions. Discussion ensued concerning the number of enforcement hours the City currently receives and the cost of the supplemental traffic enforcement. Minutes City Council Meeting 07-11-16 Captain Beringer explained that in addition to traffic enforcement, a benefit of having additional patrol vehicles in the City is that they also serve as deterrence to crime. Sgt. Blanchard explained the difference between general patrol hours and supplemental traffic enforcement hours stating that general patrol cars are in and out of the City at random times and can be called away; whereas, supplemental traffic enforcement cars are in the City for a fixed amount of time and can be directed to provide whatever type of patrol the City needs. Discussion ensued concerning enforcement strategies and deployment options. Further discussion ensued concerning the number of general patrol hours the City has historically received as compared to the number of supplemental traffic enforcement hours the City has contracted for. Following further discussion, Councilmember Mirsch moved that the City Council add 100 hours to the City's agreement with the Los Angeles County Sheriff's Dept. for supplemental traffic enforcement for a total of 275 hours. Mayor Dieringer seconded the motion, which carried without objection. NEW BUSINESS DISCUSSION CONCERNING THE CONSIDERATION OF CHANGING THE RATE FOR THE CITY OF ROLLING HILLS BUILDING PERMIT RELATED FEES. Mayor Dieringer introduced the item and asked for staffs comments. Finance Director Shea presented the staff report and explained the background on this matter stating that this issue has been discussed by the Finance Committee during the budget preparation process over the last couple of years and is being brought before the City Council for further discussion. Mr. Shea reviewed the revenue generated from permit related fees compared to the cost associated with providing those services stating that the expenses were greater than the revenue generated. He then reviewed a table showing the impact that decreasing the multiplier would have on revenue stating that decreasing the multiplier by .25% would decrease the revenue by approximately $50,000. Discussion ensued concerning property tax revenue and the impact increased property values have on property tax revenue. Following discussion, Mayor Dieringcr moved that the City Council leave the multiplier rate for building permit related fees as it currently exists at 2.5%. Councilmember Mirsch seconded the motion, which can-ied with Councilmember Pieper and Mayor Pro Tem Black opposed. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Mayor Pro Tem Black expressed concern that hikers attempt to access the City through the adjacent trail system and suggested that signs be installed to let hikers know it is private property. City Attorney Jenkins commented that because it is private property, it would not be a proper public purpose or expense for the City to install signage. Councilmember Wilson suggested that when the Sheriff's Dept. is present to address a particular agenda item that the item be moved earlier on the agenda. He also expressed concern that when Edison replaces utility poles, they are leaving the other poles in place and the poles contain unsightly markings. Councilmember Pieper suggested that a SnapChat filter be created for the City of Rolling Hills and stated that his company could create the filter at no cost to the City. City Attorney Jenkins suggested that Councilmember Pieper agendize this matter for further discussion if he would like to pursue it. MATTERS FROM STAFF City Manager Cruz reminded the City Council that this Thursday, July 14'h, the City is hosting the first Community Wildfire Protection Plan community meeting at City Hall. Staff was directed to place signs at the gates to remind residents about the meeting. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION None. M inutes City Council Meeting 07-11-16 RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 9:56 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 25, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall. 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, aitOtattai Heidi Luce City Clerk Approved, ea Dieringer Mayor Minutes City Council Meeting 07-I1-16 INCORPORATED JANUARY 24, 1957 AGENDA REGULAR MEETING NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS MONDAY, JULY 11, 2016 7:00 P.M. Next Resolution No. 1187 Next Ordnance No. 347 1. CALL TO ORDER 2. ROLL CALL 3. OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes - Regular Meeting of June 27, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. SPECIAL PRESENTATION Special Presentation to Jill Smith in recognition of her service to the community as Member of Planning Commission from 2007-2016 5. COMMISSION ITEMS A. RESOLUTION NO. 2016-15 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG) AND Page 1 of 3 CONSIDERATION OF A RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON 6. PUBLIC HEARINGS A. ZONING CASE NO. 880 -REVISED. REQUEST FOR A SITE PLAN REVIEW AND VARIANCES FOR A 300 SQUARE FOOT ADDITION OF WHICH 61 SQUARE FEET ENCROACHES UP TO 5.2' INTO THE SIDE YARD SETBACK, AND THE ROOF OVERHANG ENCROACHES 3.8' INTO THE SIDE SETBACK BEYOND THE MAXIMUM OF 5' ENCROACHMENT ALLOWED; TO PROVIDE LESS THAN THE MINIMUM REQUIRED 4' -WIDE WALKWAY ALONG A PORTION OF THE PERIMETER OF THE RESIDENCE ADDITION AND TO CONSTRUCT A 6' HIGH RETAINING WALL IN SIDE SETBACK. PREVIOUS PROPOSAL WAS PUBLICLY REVIEWED AT THE CITY COUNCIL FIELD TRIP MEETING TO THE SITE ON OCTOBER 26, 2015 AND AT THE REGULAR CITY COUNCIL MEETINGS ON OCTOBER 26, 2015 AND NOVEMBER 9, 2015. THE PROJECT IS LOCATED AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA IN THE RAS-1 ZONING DISTRICT, (HASSOLDT). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3 EXEMPTION GUIDELINES. 7. OLD BUSINESS A. CONSIDERATION OF AN INCREASE IN THE FY 16/17 BUDGET FOR SUPPLEMENTAL TRAFFIC ENFORCEMENT. 8. NEW BUSINESS A. DISCUSSION CONCERNING THE CONSIDERATION OF CHANGING THE RATE FOR THE CITY OF ROLLING HILLS BUILDING PERMIT RELATED FEES. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS NONE. 10. MATTERS FROM STAFF NONE. 11. PUBLIC COMMENT ON CLOSED SESSION ITEMS NONE. 12. CLOSED SESSION NONE. City Council Agenda 07/11/16 Page 2 of 3 13. RETURN TO OPEN SESSION NONE. 14. ADJOURNMENT Next meeting: Monday, July 25, 2016 at 7:00 p.m. in the Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the Deputy City Clerk at (310) 377- 1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. City Council Agenda 07/11/16 Page 3 of CHECK CHECK CO DATE 7/11/2016 - CHECK RUN Agenda Item No: 4-B Mtg. Date: 07/11/16 INCORPORATED JANUARY 24, 1957 PAYEE 24377 07/112016 BLACKBOARD INC. 24378 07/112016 CALPERS- 24379 07/11/2016 CIVICPLUS 24380 07/11/2016 EXECUTIVE -SUITE SERVICES, INC. 24381 07/11/2016 FIRSTBANKCARD 24382 07/11/2016 FOUNTAINHEAD CONSULTING INC. 24383 07/11/2016 GWMA 24384 07/11/2016 LOU'S FLOOR COVERING INC. 24385 07/11/2016 PACIFIC COAST LANDSCAPE 24386 07/112016 ROGERS, ANDERSON, MALODY 24387 07/11/2016 ROLLING HILLS ESTATES 24388 07/11/2016 SOUTHERN CALIFORNIA EDISON 24389 07/11/2016 USCM 24390 07/11/2016 VANTAGEPOINT TRANSFER AGENTS - 24391 07/11/2016 WILLDAN INC. • WIRE 5/192016 WIRE TRANSFER • WIRE 6/27/2016 WIRE TRANSFER • TRANS 6/9/2016 TRANSFER • TRANS 6/21/2016 TRANSFER • PR LINK 6242016 PR LINK - PAYROLL PROCESSING • PR LINK 6/24/2016 PR LINK - PAYROLL 13 & PR TAXES Total NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 3771521 FAX: (310) 377.7288 DESCRIPTION AMOUNT CONNECT GOV STND FY16/17 S 600.00 RETIREMENT JUNE 2016 5,285.83 QUARTERLY FEE FOR HOSTING 3RD 1,382.41 JANITORIAL SR VS JUNE 2016 380.00 OFFICE SUPPLIES TRAINING TIMER 1,056.60 IT CONSULTING JULY 2016 516.00 COST SHARING REG WATER QUALITY 16,042.00 CUSTOM SHUTTERS FINAL PYMT 4,892.50 REPLACE TORO LEAKING VALVE 1,215.00 ACCOUNTING SERVICES MAY 2016 6,855.00 TRAFFIC OFFICER JAN -MARCH 2016 1,684.09 BILLING PERIOD 5/24 - 6/23 1,520.27 457 - PAY PERIOD 7/8/2016 1,530.00 457 - PAY PERIOD 7/8/16 364.00 PROFESSIONAL SRVS THROUGH 5/27 1,395.00 OPUS MONEY MARKET TO LAIF 1,250,000.00 OPUS MONEY MARKET TO PREFERRED BANK 250,000.00 OPUS MONEY MARKET TO CHECKING ACCOUNT 47,000.00 OPUS MONEY MARKET TO CHECKING ACCOUNT 68,000.00 Processing Fee 59.95 Pay Period - June 8, 2016 Through June 21, 2016 18,993.27 S 1,678,771.92 I, Raymond R. Cruz, City Manager of Rolling Hills, California ceniry that the above demands are accurate and there is available in the General Fund a)alance of $1,678,771.92 for the pa of above items Raymonjfc. Cruz, City Manager • Previously Disbursed 44.71830 Printed on Recycled Paper DRAFT Agenda Item No. 4-A Meeting Date: 07/11/16 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, JUNE 27, 2016 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Dieringer at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Mirsch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Mike Jenkins, City Attorney. Heidi Luce, City Clerk. Terry Shea, Finance Director. Bryan Gruber, LSL CPA's. Laura Walters, Los Angeles County Fire Dept. OPEN AGENDA - PUBLIC COMMENT WELCOME None CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes - Regular Meeting of June 13, 2016. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Statement for the Month of May, 2016. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for May, 2016. RECOMMENDATION: Receive and file. E. RESOLUTION NO. 1186 - A RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF ROLLING HILLS FIXING THE DAY, HOUR AND LOCATION OF REGULAR CITY COUNCIL METTINGS, ESTABLISHING AN ALTERNATE LOCATION FOR CITY COUNCIL MEETINGS AND RESCINDING RESOLUTIONS NO. 22 AND 465. O DRAFT RECOMMENDATION: Adopt as presented. Mayor Pro Tem Black moved that the City Council approve the items on the consent calendar as presented. Councilmember Pieper seconded the motion, which carried without objection. COMMISSION ITEMS None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS CONSIDERATION OF A THREE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH LANCE, SOLL & LUNGHARD, LLC FOR ANNUAL AUDIT SERVICES. Mayor Dieringer introduced the item and asked for staff's comments. Finance Director Shea presented the staff report recommending that the City Council award a three-year professional services agreement for annual audit services to Lance, Soll, Lunghard, LLC (LSL). He reviewed the RFP process stating that a total of six proposals were received. He stated that staff reviewed the proposals and three firms were selected for interviews with the Finance, Budget, Audit Committee based on their qualifications and price. He stated that all three firms interviewed well and staff selected LSL based on the fact that their proposal was for the lowest cost. He reviewed LSL's qualifications stating that the firm currently audits over 60 cites and several special districts; and they have provided good service over the last six years that they have conducted the City's annual audit. In response to Councilmember Wilson, Finance Director Shea explained the single audit process. Councilmember Wilson also asked about the embezzlement situation that arose in the City of Placentia, which is one of the cities for which LSL provides audit services. Bryan Gruber, Lance, Soll, Lunghard addressed the City Council in response to Councilmember Wilson's question regarding the City of Placentia. He explained that LSL began its contract with the City of Placentia this past year and stated that the City had an accounting manager that began embezzling funds from the City. He stated that from an audit perspective LSL met its obligations and further explained the financial statement audit process. He stated that the individual in Placentia embezzled funds from City via wire transfers through multiple tiers of hiding and altering information; and there was clear intent to cover those transactions up. Councilmember Wilson expressed concern that a similar situation could happen in Rolling Hills. Discussion ensued concerning the policies and procedures that are in place to prevent such an occurrence Minutes City Council Meeting 06-27-16 DRAFT in Rolling Hills. Further discussion ensued concerning the City's process for wire transfers and ACH transfers. City Manager Cruz stated that to help maintain transparency, the Finance, Budget, Audit Committee will be involved in the audit process. Mayor Pro Tem Black commented that during the interviews, he asked these same questions and he feels comfortable that LSL performed the audit correctly and this fraud was not identified because of the way the records were falsified. Following discussion, Councilmember Mirsch moved that the City Council approve and authorize the City Manager to execute a three-year professional services agreement with Lance, Soil, Lunghard, LLC for annual audit services. Councilmember Wilson seconded the motion, which carried without objection. With regard to the concern raised regarding potential fraud against the City, staff was further directed to add wire transfers to the list of checks presented to the City Council at each City Council meeting; and to schedule a meeting with the Finance/Budget/Audit Committee and the audit firm prior to beginning the next audit to discuss areas of concern or areas that should be considered in the next audit. CONSIDERATION OF AMENDMENTS TO THE FY 2016-17 BUDGET CONCERNING CITY COUNCIL TRAVEL AND SUPPLEMENTAL TRAFFIC ENFORCEMENT. Mayor Dieringer introduced the item and asked for staff's comments. City Manager Cruz stated that the FY 16-17 budget was adopted in June and at that time, staff was directed to return with additional information regarding two potential budget adjustments relating to City Council conference/travel and supplemental traffic enforcement. He stated that if the City Council wishes to increase funding for either item, such an adjustment could be accomplished by using funds from the contingency account or through a reduction in another budget line item. Discussion ensued concerning the item related to increasing the budget for City Council conference/travel expenses and whether or not there is value in expending funds in that area. Councilmember Mirsch commented that in some instances there is value in the conferences, specifically for new Councilmembers, but conferences should be evaluated based on the relevancy of the topics being presented. Councilmember Wilson concurred. Mayor Dieringer commented that she finds great value in attending these conferences to learn about potential issues that may impact the City and takes her own personal vacation time to attend. Further discussion ensued concerning historical spending for City Council conference/travel expenses. Councilmember Mirsch suggested that the conference/travel amount be left as budgeted and if a conference arises that would be beneficial, then it could be adjusted later on an individual basis if necessary. Following further discussion, the City Council decided to leave the item as originally budgeted with the understanding that it may be amended if a conference arises that would be beneficial based on the relevance of the agenda topics. Discussion then ensued concerning the item related to increasing the budget for supplemental traffic enforcement. City Manager Cruz stated that this item is before the City Council as a recommendation from the Traffic Commission that the hours for supplemental traffic enforcement be increased back to 350 hours. Councilmember Wilson commented that in addition to the goal of increasing traffic safety, additional patrol cars in the City can also serve as a deterrent to crime as well as address other issues that arise. He further commented that the Traffic Commission regularly hears complaints from residents regarding speeding on Crest Road and Portuguese Bend Road as well as other traffic safety concerns. He stated that he believes that having additional dedicated hours from the Sheriff's Dept. is valuable in Minutes City Council Meeting 06-27-16 DRAFT addressing public safety. Discussion ensued concerning the hours of patrol that the City receives from the Sheriff's Dept. as part of the regular contract and whether or not there is value in adding additional hours for supplemental traffic enforcement. Further discussion ensued concerning options for ways that supplemental traffic enforcement hours can be deployed and the best ways to increase traffic safety. Mayor Pro Tem Black commented that he is not opposed to increasing the hours, but there should be a way to correlate the increased expense for supplemental traffic enforcement with increased traffic safety. Further discussion ensued concerning other ways for increasing traffic safety including mobile speed boards and decoy cars. Following discussion, no action was taken on either budget adjustment. Staff was directed to schedule further consideration of the budget amendment for supplemental traffic enforcement and to provide additional information to quantify the benefit of additional enforcement, as well ask the Sheriff's Dept. to be present at the meeting. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION CONCERNING THE PROGRESS OF THE CITY COUNCIL TREES AND VIEWS AD HOC COMMITTEE. (ORAL REPORT) Councilmember Pieper reported that the ad hoc committee met again with Richard Colyear and Lynn Gill on June 23`d and they reached an impasse. The Committee provided a brief overview of the discussion and stated that the ad hoc committee would like to continue to meet to discuss the matter and further report back to the City Council. ADDITIONAL MATTERS FROM THE CITY COUNCIL Mayor Dieringer provided an update on the issue regarding water budgets and stated they she and City Manager Cruz are still working to get the issues addressed. At the request of several residents, Mayor Pro Tem Black provided a brief summary of pending legislation that would eliminate anesthesiologists from the VA System and replace them with Nurse Anesthetists and stated that the residents requested that the City submit a letter in opposition to this change. The City Council asked Mayor Pro Tem Black to have the concerned residents provide a sample letter regarding this matter for further consideration. MATTERS FROM STAFF City Clerk Luce reported that the proposed dates in July and August don't work for everyone for the joint meeting between the City Council and Planning Commission so staff will be looking at proposed dates in September and October. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION Minutes City Council Meeting 06-27-16 si DRAFT None. RETURN TO OPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayor Dieringer adjourned the meeting at 8:58 p.m. to the next regular meeting of the City Council scheduled to be held on Monday, July 11, 2016 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, Bea Dieringer Mayor Minutes City Council Meeting 06-27-16 seek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310)377-1521 FAX (310) 377-7288 Agenda Item No.: 5-A Mtg. Date: 07/11/16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR VJ�✓ THROUGH: RAYMOND R. CRUZ, CITY MANAGER g (J SUBJECT: RESOLUTION NO. 2016-15. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). AND RECOMMENDATION FROM THE TRAFFIC COMMISSION TO APPROVE A NEW DRIVEWAY APRON REQUEST, PLANNING COMMISSION ACTION AND BACKGROUND 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicant, Ms. Lauren Sharng requested a Site Plan Review for the construction of a new 5,250 square foot residence, with a 5,250 square foot basement, 1,115 square feet of detached garages (714 and 441 square feet each), 1,445 square feet covered porches including 520 square feet at the stable, 964 square foot swimming pool and spa, 50 square foot pool equipment, 300 square foot service yard, 275 square foot entryway, retaining walls, new driveway, 350 square foot outdoor kitchen, and grading for a total of 48,150 cubic yards of dirt (11,775 c.y. cut and 11,775 c.y. fill; 12,300 c.y. over - excavation and 12,300 c.y. re -compaction). The applicant also requests a Conditional Use Permit to construct an 800 square foot guesthouse, the detached garages, and 1,810 square foot stable with 611 square foot loft; and Variances to exceed the maximum permitted average height of retaining walls and to exceed the maximum permitted disturbed area of the lot, at 5 Pine Tree Lane. The existing residence is proposed to be demolished. 3. Currently the existing driveway apron serves two properties, 3 and 5 Pine Tree Lane, and at its starting point off of Pine Tree Lane is located in its entirety on 5 Pine Tree Lane; and it then widens out towards each property. With the new project the access past the apron to 5 Pine Tree Lane will be abandoned, however, it is a requirement of the approval that the apron leading to 3 Pine Tree Lane remains intact. A new driveway will serve 5 Pine Tree Lane. The Traffic Commission recommended approval of the new apron. 4. The Planning Commission by a vote 4-0 approved the project being satisfied with the modifications made by the applicant to the project. (Commissioner Kirkpatrick was absent - however, at the previous meeting of the Planning Commission he voted to direct staff to bring a Resolution of approval). The Commissioners found that the project is compatible with the neighborhood, that the changes made by the applicant were satisfactory and addressed their concern, that the project promotes equestrian uses in the City, that the project is not crowded or obtrusive to neighbors, that it corrects access to the property and adjacent property, that the project to maximum extent practicable utilizes the existing building pad, leaving the most steeper areas intact and that in general it is an improvement over the existing conditions on the property. Together with standard findings of facts and conditions of approval, conditions specific to this project have been included in the Resolution, such as: • Ensure that vehicular access to 3 Pine Tree Lane is not impacted by construction activities. • Demolish the driveway on 5 Pine Tree Ln, but retain the access (apron) to 3 Pine Tree Ln over 5 Pine Tree Ln property. • A new driveway apron off of Pine Tree Lane to be reviewed and approved by the Traffic Commission. • Provide photographic evidence of the condition of the common apron and restore it after construction, if damaged. • Ensure Best Management Practices for maintenance of the stable and manure control. • All utility lines to be placed underground. • Provide landscaping plan prior to obtaining a grading permit. • The project is subject to the City's Water Efficient Landscape Ordinance and Low Impact Development Ordinance. 5. During the review process concerns were expressed by the Commissioners regarding the location of the originally proposed tennis court, grading and variances requested for the tennis court. The applicant withdrew the request for the tennis court ZC NO. 901 l L� and has revised the project by decreasing the size of the residence and out of grade porches. In addition, some of the hardscape and stairs were eliminated to provide more landscaped areas and a less crowded condition on the building pad. Several neighbors expressed concerns with the project as well. At the onset of the proceedings, the neighbor at 3 Pine Tree Lane was concerned with the project in general, but more specifically with what effect the project will have on their common driveway. Since that time he sold the property and the new property owner, Mr. Keith Murphy, submitted two emails, one before he took possession of the property and one afterwards, also expressing concerns. Following Planning Commission approval, Mr. Murphy visited City Hall and reviewed the files for this project. Mr. Murphy has corresponded with staff by email regarding appeal procedures, but as of the writing of this report no correspondence was received to that effect. In addition, during the field trip the property owner at 10 Pine Tree Lane expressed concerns that the project will be visible from his property and that many Pine Trees and other vegetation will be removed. The correspondence is attached. Also enclosed is a letter to the City Council from Lauren Shrang, the property owner of 5 Pine Tree Lane, received on July 6, 2016. In her letter, Ms. Shrang summarizes the approval process that she went through and Mr. Murphy's objections. She states that she offered to meet with him but is unable to arrange a date. She expresses that if Mr. Murphy appeals the decision of the Planning Commission, it will substantially delay her project and states that Mr. Murphy did not submit a specific objection, but a general one to the entire project. 6. The property is zoned RAS-2 and the gross lot area is 5.15 acres. The net lot area is 4.3 acres or 187,196 square feet. The existing property is currently developed with a single -family residence, garage, and swimming pool, which will be demolished. Access to the property is taken from a joint driveway approach with 3 Pine Tree Lane. 7. A previous property owner was granted an approval to subdivide the property into a two -lots. The approval expired on January 12, 2013. In 2004 approval was granted to separate the driveway access to 3 and 5 Pine Tree Lane and construct two new driveways, one on each property, however the driveways were not constructed. MUNICIPAL CODE COMPLIANCE 8. The new residence is proposed at 5,250 square feet and the floor level will be about 10' lower than the existing residence on the lot removing potential view issues from neighbors. The proposed residence will have a maximum ridge height of 17'6" above the finished floor, plus 3' high chimneys. Most of the residence has an out of grade condition. The maximum ridge height of the residence with the out of grade condition is 19'6" which will be softened by a 2'6" high planter wall on the northwest corner where the out of grade condition is the most significant. Most of the north face of the residence except for the front entrance is proposed to have an out -of -grade condition. ZC NO. 901 The remainder of the residence varies in height above the finished grade between 2.5 to 4 feet. The garages are proposed to have a maximum ridge height of 14'. The guest house will have a maximum ridge height of 15'6" above finished floor plus a 3' high chimney. The stable ridge will be 25' from the finished floor. Viewing from the driveway, the stable would be below the driveway but the loft is proposed to be 11'4" in height and accessed from the driveway. As a condition of approval all access areas for the stable including by the loft will be required to be decomposed granite or other pervious material. The basement is proposed to be 5,250 square feet and be contained entirely within the footprint of the new residence with 4 light wells proposed. The residence is proposed on the shallowest sloped area with a basement being added to increase the residence size while reducing the footprint. None of the proposed structures are in setbacks or easements. 9. The lot drains to the north of the property and the run-off from the proposed structures is proposed to be collected in underground pipes that will flow into a 360 square foot bio-filtration unit with maximum 3' high walls, which will filter the water and disperse into a dissipater, located just below it with maximum 4' high walls. 10. The applicant is proposing a new driveway off of Pine Tree Lane. Per the Fire Department requirement, the driveway will be 20' wide and include a turn -around area to accommodate fire truck access. The proposed driveway is 10,400 square feet of which 8.1% is in the front setback and complies with Section 17.16.150B that states that driveways shall not cover more than 20% of the area of the setback in which they are located and the Traffic Commission reviewed the driveway access at their May 26th meeting and recommended approval. Since that time the applicant proposes to move the driveway further north, approximately 20 feet, in order to retain one or two Pine Trees. The Traffic Commission will review this access at their July 23rd meeting and staff will report their recommendations to the City Council afterwards. Meanwhile, the originally approved driveway apron stays. An 850 square foot guest parking pad is proposed in front, but below the residence, and adjacent to the circular driveway. The front of the house will be accessed by stairs from the guest parking. 11. The applicant is proposing a 3' to 5' high maximum retaining walls along the entire perimeter of the building pad. A 3' high max retaining wall along the northern portion of the driveway is proposed and a 4' high maximum wall is proposed along the guest parking area. A 3'-5' high retaining wall is proposed along the southern perimeter of the building pad. The walls will not average out to 2.5' in height, and the applicants requests a variance. 12. An 800 square foot guest house is proposed. Section 17.16.210 (A) (5) of the Zoning Ordinance contains conditions for a guest house, subject to approval of a conditional use permit. These conditions, listed below, are intended to ensure that such structures are ZC NO. 901 ancillary uses, do not eliminate an existing or future development for a stable and are not converted to other than permitted uses. REQUIREMENTS PROPOSED Shall not exceed eight hundred square feet Art 800 square foot guest house is proposed. Shall not be located in the front yard or any setback. The guest house is not in the front yard or any setback. A kitchenette and sanitary facility consisting of a shower, sink and toilet shall be permitted. Applicantof p 1poses to meetdltion the requirement No vehicular access or paved parking area shall be developed within fifty feet of the guest house. The driveway is more than fifty feet away. Occupancy of the guest house shall be limited to persons employed on the premises, the immediate family of the occupants of the main This is a standard condition of approval. residence or by the temporary guests of the occupants of the main residence. No temporary guest may remain in occupancy for more than thirty days in any six-month period. Renting of a guest house is prohibited. This is a standard condition of approval. 13. Two detached garages are proposed (714 square feet and 441 square feet). Section 17.16.210 (A)(4) of the Zoning Ordinance contains conditions for a detached garage(s), subject to approval of a conditional use permit. These conditions, listed below, are intended to ensure that such structures are ancillary uses, do not eliminate an existing or future development for a stable and are not converted to other than permitted uses. REQUIREMENTS PROPOSED Shall not be located in the front yard or any setback Not located in front yard or setback A sink and toilet are permitted Not proposed A kitchen or kitchenette shall not be permitted Not proposed No sleeping quarters or renting of the structure shall be permitted Standard condition The Planning Commission shall have the ability to limit the size of the detached garage in relationship to the size of the residence, topography, size of the lot and other conditions Planning Commission did not require smaller size. ZC NO. 901 14. A 1,810 square foot stable is proposed with a 611 square foot loft above that will be accessed directly from the main driveway. Two 260 square foot attached porches on either end of the stable are also proposed (total porches 520 square feet). Pedestrian access to the lower stable area will be provided via stairway south of the stable, and for horses from the lower corral area north of the stable, via a 10' wide path extending directly from the driveway and which will have decomposed granite surface. The corral is proposed at 3,900 square feet. A 100 square foot open horse wash rack is also proposed in the south-eastern most portion of the corral area. A 5' high maximum retaining wall runs the perimeter of the corral. Pursuant to the zoning code requirements the following is applicable to this request: REQUIREMENTS PROPOSED Minimum 6' wide access with roughened surface ' 10 'wide access -way joining existing driveway with roughened surface (not paved) Stable, corral not to be located on slopes greater than 4:1 Grading with 5' retaining wall; 1,450 cubic yards (550 cy cut; 900 cy. fill) Not in front yard or side or front setback. May be located up to 25' in rear setback. Not proposed in any setback Stable min. 35' from any residential structure Proposed stable more than 35' from any residential structure. Stable building to be designed for rural and agricultural uses only, but may include storage for vehicles, household items Stable is proposed with 5 stalls, tack space that is 15.5% of the structure, an( a 611 square foot feed/ loft area, all designed for rural and agricultural uses. Size to include the entire footprint including loft, if any Ground floor (1,810 sf.): 1,010 sf. stalls; 425 sf center aisle; 375 sf tack room Loft (611 sf.) - feed/hay storage area Minimum of 60% shall be maintained for agricultural uses Agricultural uses 84.5% Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room use Tack use area comprises 375 sf. or 15.5% Includes tack room/storage & bathroom Tack area may have sanitary and kitchen amenities Bathroom proposed; no kitchen Tack area may have glazed openings Will install Agricultural space entry doors to be min. 4'wide & 7.5' high; appearance of a stable door Shall be a condition of approval. Loft is permitted Loft; proposed for feed/hay storage Loft plate height may not exceed 7' The total height of the structure at its ZC NO. 901 highest peak is proposed to be 25' with a 7' plate height shown for the loft. (Plate heights per condition of approval.) Exterior area of stables may not to be paved Dirt or D.G. (condition of approval) Corral minimum 550 sf.; fenced and contiguous to stable. (Planning Commission may determine the size of a corral) Proposed 3,900 sq. ft. corral enclosed with 5' high maximum retaining walls Access slope not to exceed 25% From main driveway at 16% maxim= slope Commercial uses or sleeping is not allowed Applicant is not proposing any commercial uses or sleeping in the stable The applicant must comply with all other requirements of Chapter 17.18 of the Zoning Ordinance pertaining to stables, as well as to all other regulations including, but not be limited to undergrounding of utility lines to the structures, lighting, roof material, Fire Department requirements and others. 15. The proposed disturbed area will be 45.2%, which exceeds the maximum allowed disturbance of 40% (Municipal Code 17.16.070B). The project does not qualify for greater than 40% disturbance, as the resulting slopes will not be less than 2:1 grade. Grading for this project is proposed to be 11,775 cubic yards of cut and 11,775 cubic yards of fill, 12,300 cubic yards of over -excavation, and 12,300 cubic yards of recompaction and will be balanced on site. The cut/excavation is for the guest house, driveway, front of the lot, north horse access, and south portion of the lot primarily, and 1,300 cubic yards is for the basement excavation. The fill is primarily for the north side of the house, the driveway, and southwest corner of the area behind the new driveway approach, and 12,300 cubic yards recompaction. The stable pad has a total cut of 550 cubic yards, and 900 cubic yards of fill. 16. There are two building pads proposed. The residential building pad is proposed at 44,100 square feet and will have coverage of 9,344 square feet or 21.2% with allowed deductions, (previously with the tennis court -38.6%). The stable pad is proposed at 5,720 square feet with 2,149 square feet of coverage or 37.6% with allowed deductions. 17. The structural net lot coverage is proposed at 12,279 square feet or 6.56% with allowed deductions (previously with tennis court - 10.7%), (20% max. permitted); and the total lot coverage is proposed at 29,074 square feet or 15.5%, (previously with tennis court -20.8%), (35% max. permitted). 18. In describing the criteria to be satisfied for a variance to exceed the maximum permitted disturbance and walls that exceed 2.5' average height the applicant states: the existing house on the property is located partially in the setback and has structures in the easement. The proposed project complies with development standards and moves all proposed ZC NO. 901 existing house on the property is located partially in the setback and has structures in the easement. The proposed project complies with development standards and moves all proposed structures out of setbacks and more centrally on the lot, including the residence, which creates a large front yard. Every effort has been made to keep the development centrally located on one main pad to further limit the increase in disturbance. The disturbed area is proposed to be above the development standards due to the existing topography of the site. The lot is sloped in nature and in order to provide a building pad that meets the development guidelines, additional grading and disturbance is required; the proposed retaining walls will help to limit this disturbance. However, a variance is required due to their average height. When looking at the breakdown of site disturbance, approximately 15% of the overall disturbance comes from equestrian uses, (i.e. the stable and corral), and if these items were not being proposed the development would not require a variance for disturbed area. The applicant believes that the addition of these equestrian facilities help to further the City of Rolling Hills as an equestrian community and therefore the variance should be granted. At the recommendation of the Planning Commission, alternative lot configurations were also analyzed however the number of walls and disturbance was lowest with the currently proposed plan 19. Rolling Hills Community Association will review this project at a later date. 20. When reviewing a development application the Planning Commission must consider whether the proposed project meets the criteria for a Site Plan Review, Conditional Use Permit and Variances, and must find that the proposed uses are consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the uses will not adversely affect adjacent properties. 21. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO. 901 Zoning Case No. 901 SITE PLAN REVIEW PREVIOUSLY PROPOSED PROPOSED -PC APPROVED RA -S- 2 ZONE SETBACKS NEW RESIDENCE WITH ACCESSORY STRUCTURES, DETACHED GARAGES, STABLE/LOFT NEW RESIDENCE WITH ACCESSORY STRUCTURES, DETACHED GARAGES, STABLE/LOFT Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from rear easement line STRUCTURES Residence Basement Garage attached Garage detached Pool/spa Pool Equip. Guest House Stable Loft for Stable Recreation Court Att. Cov. Porches Entryway Service yard Outdoor Kitchen 5,975 sq.ft. 5,000 sq.ft. 714 sq.ft. 441 sq.ft. 1,152sq.ft. 50 sq.ft. 800 sq.ft 1,810 sq.ft 611 sq.ft 7,000 sq.ft 1,360 sq.ft. 100 sq.ft. 300 sq.ft 460 sq.ft. Residence "Basement Garage detached Garage detached Pool/spa Pool Equip. Guest House Stable "Loft for Stable Att. Cov. Porches Entryway Service yard Outdoor Kitchen 5,250 sq.ft. 5,250 sq.ft. 714 sq.ft. 441 sq.ft. 964 sq.ft. 50 sq.ft. 800 sq.ft 1,810 sq.ft 611 sq.ft 1,445 sq.ft. 275 sq.ft. 300 sq.ft 350 sq.ft. (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36 -month period). TOTAL 20,162 sq.ft TOTAL 12,399sq.ft STRUCTURAL LOT COVERAGE 20,042 sf w/allowances 10.7% of 187,196 sq.ft. net lot area 12,279 sf w/allowances 6.56% of 187,196 sq.ft. net lot area (20% maximum) TOTAL LOT COVERAGE 39,002 w/allowances or 20.8% of 187,196 sq.ft. net lot area 29,074 w/allowances or 15.53% of 187,196 sq.ft. net lot area (35% maximum) BUILDING PADS (30% guideline) 38.6% of 44,100 sq.ft. pad 37.6% of 5,720 sq.ft pad 21.2% of 44,100 sq.ft. pad 37.6% of 5,720 sq.ft pad Residential Stable GRADING 12,745 cy cut, 12,745 cy fill, 10,300 cy overexcavation, 10,300 cy recompaction = balanced on site. 11,775 cut, 11,775 cy fill, 12,300 cy overexcavation, 12,300 cy recompaction = balanced on site. Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq.ft.) must be balanced on site. DISTURBED AREA 45.2% (84,550 sq. ft.) 45.2% (84,550 sq. ft.) (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (min. 450 SO.FT. 1,810 sq. ft. with 611 sq. ft. loft- 3,900 sq. ft. 1,810 sq. ft. with 611 sq. ft. loft- 3,900 sq. ft. & 550 SO.FT. CORRAL) STABLE ACCESS Proposed from Residence Pad Proposed from Residence Pad ROADWAY ACCFSS New off Pine Tree Lane New off Pine Tree Lane VIEWS Planning Commission condition Planning Commission condition PLANTS AND ANIMALS Planning Commission condition Planning Commission condition "Loft for stable and basement are not included in the calculations for structural coverage ZC NO. 901 NEARBY PROPERTIES (For information only) Address House size in sq.ft. Lot Area (gross acres) 1 Pine Tree *6,516 4.66 2 Pine Tree *6,211 2.24 3 Pine Tree *4,674 5.13 4 Pine Tree *8,961 4.38 6 Pine Tree 6,148 1.31 7 Pine Tree 3,912 5.64 8 Pine Tree 2,812 2.23 10 Pine Tree 3,253 2.49 23 Portuguese Bend Road *3,348 2.42 2 Pheasant Lane 5,651 5.0 Average 5,149 3.9 5 Pine Tree Lane 5,250 Proposed 5.15 NOTE: The above do not include garages, basements or accessory structures. SOURCES: Assessors' records * City address file records The following table lists stables /sizes approved since 2011 Location Square Feet / No. of Stories 11 Blackwater Cyn. Rd. 890 sq. ft. one story 5 Buggy Whip 890 sq. ft. one story 0 Chestnut 900 sq. ft. one story 9 Chuckwagon Rd. 1,296 sq. ft. first floor / 792 sq. ft. loft 2,088 sq.ft. total 10 Crest Rd. W. 735 sq. ft. first floor / 453 sq. ft. Loft 1,188 sq.ft. total 49 Eastfield 600 sq. ft. one story 12 Johns Cyn. Rd. 735 sq. ft. one story 3 Meadowlark 480 sf. first floor / 360 sf. loft 840 sq.ft. total 29 Middleridge Rd. S. 2,160 sq. ft. first floor / 800 sf. loft with center aisle; 2,960 sq.ft. total 6 Portuguese Bend Rd. 450 sq. ft. one story 77 Crest Rd. E 3,456 sq. ft. first floor/ 235 sq.ft. loft wilt center isle; 3,691 sq.ft. total 1 Pine Tree Lane 2,976 sq. ft. one story 11 Saddleback 2,415 sq. ft. with 625 sq. ft. loft with center isle; 3,040 sq.ft. total 34 Saddleback Rd. Proposed 976 sq.ft. - one story 5 Pine Tree Lane 1,810 sq. ft. with 611 sq. ft. loft; 2,421 sq.f.t total ZC NO. 901 -10- CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 11.42.050 Basis for approval or denial of conditional use permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. SITE PLAN REVIEW CRITERIA 11.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 11.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); ZC NO. 901 11- 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 901 RESOLUTION NO. 2016-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Ms. Lauren Sharng to request a Site Plan Review for the construction of a new 5,250 square foot residence, with a 5,250 square foot basement, 1,115 square feet of detached garages (714 and 441 square feet each), 1,445 square feet covered porches including 520 square feet at the stable, 964 square foot swimming pool and spa, 50 square foot pool equipment, 300 square foot service yard, 275 square foot entryway, retaining walls, new driveway, 350 square foot outdoor kitchen, and grading for a total of 48,150 cubic yards of dirt (11,775 c.y. cut and 11,775 c.y. fill; 12,300 c.y. over -excavation and 12,300 c.y. re -compaction). The applicant also requests a Conditional Use Permit to construct an 800 square foot guesthouse, the detached garages, and 1,810 square foot stable with 611 square foot loft; and Variances to exceed the maximum permitted average height of retaining walls and to exceed the maximum permitted disturbed area of the lot. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on April 19, 2016 and in the field on May 17, 2016 and continued to the evening meeting of May 17, 2016. Neighbors within 1,000 -foot radius were notified of the public hearings and a notice was published in the Peninsula News on April 7, 2016 and May 5, 2016. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicant and her agents were in attendance at the hearings. Evidence was heard and presented from all persons interested in affecting said proposal, and from members of the City staff. Four residents visited the site during the noticed field trip on May 17, 2016. During the first public hearing on April 19, 2016, the Planning Commissioners expressed concerns with the project and specifically the crowding of the structures on the building pad, the long driveway and walls, grading, and the proposed tennis court in the front yard area. The project was revised to eliminate the tennis court, the size of the residence was reduced from 5,975 square feet with a 5,000 square foot basement to 5,250 square feet with a Reso. 2016-15 5 Pine Tree Lane 5,250 square foot basement, the porches were increased to 1,445 square feet from 1,260 square feet, the pool/spa was reduced to 964 square feet from 1,152 square feet, the 275 square feet entryway was increased from 100 square feet, and the outdoor kitchen was reduced to 350 square feet from 460 square feet. The loft in the stable was increased from 481 square feet to 611 square feet. The applicant withdrew the application for a CUP and several Variances for the previously proposed tennis court. The applicants have also removed the previously proposed two bathrooms in the guest house (and are now proposing one bathroom which complies with the Municipal Code), an out of grade porch at the north-west corner of the house has been decreased and some of the hardscape and stairs to provide more landscaped areas and a less crowded condition on the building pad. The Planning Commission has reviewed, analyzed and studied said revised proposal. Section 3. The property is zoned RAS-2 and the gross lot area is 5.15 acres. The net lot area is 4.3 acres or 187,196 square feet. The existing property is currently developed with a single -family residence, garage, and swimming pool, which will be demolished. Access to the property is taken from a joint driveway approach with 3 Pine Tree Lane. A Condition of Approval is for the applicant to abandon their portion of the joint driveway once their new driveway is constructed and remove the concrete, but retain the access serving 3 Pine Tree Lane. Section 4. The Planning Commission finds that the project is exempt from the California Environmental Quality Act, (CEQA) pursuant to Section 15303 (new construction of single family residence and accessory structures), and Section 15061(b)(3) (common sense exemption) of the CEQA guidelines. Section 5. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or any new 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 not more than 999 square feet in any thirty-six (36) month period. The grading for the structures (new residence, garages, swimming pool, guest house, and stable) require Site Plan Review due to the fact that they are new structures and per Zoning Code 17.46.020.A-2. The pool requires a Site Plan Review due to the grading required for it under Zoning Code 17.46.020.A.2(a) and the size, and the retaining walls require a Site Plan Review due to their height being over 3' in height and over 2.5' average. With respect to the Site Plan for grading and the proposed structures the Planning Commission 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 structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient Reso. 2016-15 5 Pine Tree Lane 14 2 setbacks to provide buffers between residential uses. Although the disturbed area exceeds the maximum permitted amount of 40% at 45.2%, a large portion of it is for the proposed 1,810 square foot stable with 611 square foot loft (which requires a Conditional Use Permit), and the associated 3,900 square foot corral along with the long driveway that is needed to accommodate horse trailers. The stable and corral promote the rural, equestrian aesthetic of Rolling Hills. None of the structures are in setbacks. The project conforms to Zoning Code lot coverage requirements, except for disturbance. The net lot area of the lot is 187,196 square feet. The structural net lot coverage is proposed at 12,279 square feet or 6.56%, which includes all of the structures, with allowance for permitted deductions, (20% max. permitted); and the total lot coverage proposed, including the driveway would be 29,074 square feet or 15.5%, (35% max. permitted). The disturbed area of the lot is proposed to be 45.2%, which exceeds the maximum allowed disturbance of 40% (Municipal Code 17.16.070B). B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot have been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures, because the proposed project will be constructed partially on the existing building pad of the currently developed lot, will be the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will allow the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The proposed project would be located on a gentler slope of the property and leaving the steeper and more densely vegetated areas in their natural state to the north and northeast, along with the natural drainage course. The project promotes equestrian uses, therefore furthering the City's goal to remain an equestrian community. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to other residences in the vicinity of said lot as the proposed house is 5,250 square feet and the average in the vicinity is 5,149 square feet. The development plan follows the natural contours of the site to minimize grading by utilizing a portion of the existing building pad for the new development. Due to the existing house being located in the setback and easement it is necessary to move the house and therefore drop the pad elevation in order to achieve the necessary building pad. The residence is proposed on the shallowest sloped area with a basement being added to increase the residence size while reducing the footprint. The slopes being created have been rounded and it was attempted to mimic the existing slope in the area. The use of retaining walls along the upper side of the building pad/back yard, stable and driveway has helped to minimize grading. Reso. 2016-15 5 Pine Tree Lane ® 3 D. The development plan will introduce additional landscaping, which is compatible with and enhances the rural character of the community, and the landscaping will provide a buffer or transition area between private and public areas. There will be some clearing of existing landscaping due to overgrowth and improper maintenance that has become a fire hazard. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the new 20' driveway will be safer to drive on as two cars can safely pass one another. There is ample parking in the garages and there is a proposed parking pad at the front of the house, outside of all setbacks, as Pine Tree Lane does not have wide shoulders to park on so all visitor parking must be contained on site. An adequate driveway is proposed to safely accommodate horse trailers to the stable and corral area. Section 6. Sections 17.18.060 and 17.18.090 of the Rolling Hills Municipal Code permit approval of a stable over 200 square feet and corral over 550 square feet with a Conditional Use Permit. The proposed 1,810 square foot stable with 611 square foot loft and 3,900 square foot corral comply with all requirements of these sections. Two detached garages are proposed (714 square feet and 441 square feet). Section 17.16.210 (A)(4) of the Zoning Ordinance contains conditions for a detached garage(s), subject to approval of a conditional use permit. An 800 square foot guesthouse is proposed. Section 17.16.210 (A)(5) of the Zoning Ordinance contains conditions for a guesthouse, subject to approval of a conditional use permit. All of the detached structures comply with the provisions and conditions for such structures. With respect to this request for Conditional Use Permits, the Planning Commission finds as follows: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The Commission must consider applications for a Conditional Use Permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or to otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use. B. The granting of a Conditional Use Permit for the stable, corral, detached garages, and guest house would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the uses are consistent with similar uses in the community, and meet all the applicable code development standards for a stable and corral, detached garages, and guesthouse and they are located in areas on the property that are adequately sized to accommodate such uses. The proposed uses are appropriately located in that they will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters. The stable/corral would be constructed in furtherance of the General Plan goal of promoting and encouraging equestrian uses. The detached garages are proposed to separate the residential structures from the stable. The proposed guesthouse in a common amenity to Rolling Hills. Reso. 2016-15 5 Pine Tree Lane CI4 C. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed uses (stable/corral, detached garages, and guest house) are located in the middle of a 4.3 acre net lot and their general locations are of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. The proposed stable is to be located adjacent to the corral and a path designated for equestrian uses that runs from the stable to the driveway is separate from the other outdoor living areas on the property and will be comprised of decomposed granite. The loft area of the stable is directly accessed from the driveway. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the proposed uses (stable/corral, detached garages, and guest house) complies with the low profile residential development pattern of the community and will not give the property an over -built look, and areas will remain open and unobstructed. The lot is 4.3 acres net in size and is sufficiently large to accommodate the proposed uses. The stable will be compatible with the uses in the surrounding area because Rolling Hills is an equestrian community and stables are encouraged. The stable will look like a stable and the 3,900 square foot corral will promote open space on the pad. The detached garages will be compatible with surrounding uses as they meet the requirements of the City as well as being proportioned to the house size. They will function like garages and not a residential structure. The guest house will be compatible with the uses in the surrounding area because it will have the same architectural design as the house and is in the rear yard and is an amenity other residences in Rolling Hills have. E. The proposed conditional uses (stable/corral, detached garages, and guest house) complies with all applicable development standards of the zone district and requires Conditional Use Permits pursuant to Sections 17.18.060, 17.18.090, 17.16.210(A)(4), and 17.16.210(A)(5) of the Zoning Ordinance. F. The proposed conditional uses are consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to 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. Section 7. Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone, strict application of the Code would deny the property owner substantial property rights enjoyed by other properties in the same Reso. 2016-15 5 Pine Tree Lane vicinity and zone. The applicant seeks a variance from the requirement 17.16.190(F) that walls not exceed five feet or 2.5 feet in average, and from 17.16.070(B) that disturbance be limited to 40% of the net lot area. The walls do not exceed 5' high maximum but they do not average out to 2.5' high and require a variance. The disturbance is proposed at 45.2%, which is higher than the permitted 40% due in large part to the proposed long driveway. With respect to this request for Variances, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the existing lot, despite it being over 5 acres gross, has approximately half of its overall area at a slope of 2:1 or steeper and the remainder undulated and hilly and the lot requires grading in order to create a sufficient flat area to construct the house and accessory structures. The existing building pad cannot be utilized in its entirety for the new development, as most of it is located in the setback. There is a drainage course along the western property line, which must also be avoided. In order to generate the dirt needed for the pad, it was necessary to drop the pad and the walls helped to achieve this. However, due to the slope in the rear of the lot, and no grading allowed in the Association easements, the average wall height did not average to 2.5'. The majority of the walls will not be visible from the street and will mainly only be seen by the owner as they will be flanking the residential pad. The walls for the stable will be visible from the western side. However, there is a steep slope between the walls and the property line along with existing vegetation, which will add additional screening for these walls. 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, which would be denied to the property in question absent a variance, because the site is sloped in nature so in order to provide a pad that meets the development standards, additional grading is required and it was necessary to push the limits of grading farther out than if the lot did not have as much slope to it. The overage is not significant and the property owner should not be denied the privilege of a new house because the topographic nature of the lot makes it infeasible to comply strictly with Section 17.16.170. The exceedance of the disturbance is due in large part to the proposed driveway. Any concerns voiced by residents and the Planning Commissioners during the public hearing were addressed in the revised site plan and during the field visit to the site. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. A minor increase in the overall percentage of disturbed area on the lot will have no effect on the public welfare or on property or improvements in the vicinity and the walls which exceed 2.5' average in height are not in any setbacks and will not cause any line of sight issues on Pine Tree Lane due to the rows of existing trees currently in the vicinity. Reso. 2016-15 , D 6 5 Pine Tree Lane D. The variance does not grant special privileges to the applicant. To the contrary, absent a variance, the property owner would be deprived of the same rights and privileges afforded to other property owners in the vicinity. Unique circumstances applicable to the subject property make it infeasible for the property owner to comply with Section 17.16.070. The minor overage requested will allow the property owner to enjoy the same rights and privileges afforded to many other properties in the vicinity and zone. E. The variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. F. The variance request is consistent with the General Plan. The proposed project, together with the variance, will be compatible with the objectives, policies, general land uses and programs specified in the General Plan and will uphold the City's goals to protect and promote construction that is rural in nature. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 901 request for a Site Plan Review for the construction of a new 5,250 square foot residence, with a 5,250 square foot basement, 1,115 square feet of detached garages (714 and 441 square feet each), 1,445 square feet covered porches including 520 square feet at the stable, 964 square foot swimming pool and spa, 50 square foot pool equipment, 300 square foot service yard, 275 square foot entryway, retaining walls, new driveway, 350 square foot outdoor kitchen, and grading for a total of 48,150 cubic yards of dirt (11,775 c.y. cut, 12,300 c.y. over excavation, and 11,775 c.y. fill, and 12,300 c.y. re -compaction); Conditional Use Permit to construct an 800 square foot guesthouse, the detached garages, and 1,810 square foot stable with 611 square foot loft; and Variances to exceed the maximum permitted average height of retaining walls and to exceed the maximum permitted disturbed area of the lot. With the proposed grading, the disturbed area of the lot would be 45.2% subject to the following conditions: A. The Site Plan, Conditional Use Permits, and Variances approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080, 17.42.070, and 17.38.070 unless otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of this 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 set forth in this permit, or shown otherwise on an approved plan. Reso. 2016-15 7 5 Pine Tree Lane 1 Iii 1 D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated May 10, 2016 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review, Conditional Use Permit, and Variance approvals shall be incorporated into the building permit working drawings, and where applicable complied with prior to issuance of a grading or building permit from the building department. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at all times. Any modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed and approved by staff prior to implementing the changes. E. Prior to submittal of final working drawings to Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. G. Structural lot coverage of the lot shall not exceed 12,279 square feet or 6.56% of the net lot area, in conformance with lot coverage limitations (20% maximum). The total lot coverage proposed, including structures and flatwork, shall not exceed 29,074 square feet or 15.5%, of the net lot area, in conformance with lot coverage limitations (35% max). H. Grading for this project shall not exceed 11,775 cubic yards of cut and 11,775 cubic yards of fill; 12,300 cubic yards of over -excavation, and 12,300 cubic yards of recompaction and shall be balanced on site. The disturbed area of the lot, including the approved stable and corral shall not exceed 45.2%. I. The residential building pad is proposed at 44,100 square feet and shall not exceed coverage of 9,344 square feet or 21.2% with allowed deductions. The stable pad is proposed at 5,720 square feet and shall not exceed 2,149 square feet of coverage or 37.6% with allowed deductions. Reso. 2016-15 5 Pine Tree Lane 8 J. A new driveway shall be provided per the Fire Department requirements and the apron of the driveway shall be subject to review and approval by the Traffic Commission. Further, the portion of the existing shared driveway with 3 Pine Tree Lane that is located on the property at 5 Pine Tree Lane shall be abandoned and the concrete removed once the new driveway off Pine Tree Lane is completed. At no time shall vehicular access to 3 Pine Tree Lane be- impacted by construction activities at 5 Pine Tree Lane. The driveway apron serving 3 Pine Tree Lane, but located on 5 Pine Tree Lane shall be unaffected by this development and shall be available at all times for egress and ingress to 3 Pine Tree Lane. Photographic evidence of the condition of the shared driveway and apron with 3 Pine Tree Lane shall be submitted to the Planning Department before any construction or demolition. Any damage caused to the apron, easements or curbs by construction activities shall be restored at the expense of the applicant. K. Access to the stable and to the corral shall be decomposed granite or like 100% pervious roughened material. L. Only one sanitary facility consisting of a shower, sink, and a toilet and a kitchenette is permitted in the guesthouse per Section 17.16.210(A)(5)(c). M. A minimum of four -foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all of the proposed structures, or as otherwise required by the Fire Department. N. At any time there are horses on the property, Best Management Practices (BMPs) shall be applied for manure control, including but not be limited to removal of the manure on a daily basis or provision of a receptacle with a tight closing lid that is constructed of brick, stone, concrete, metal or wood lined with metal or other sound material and that is safeguarded against access by flies. The contents of said receptacles shall be removed once a week. It is prohibited to dispose of manure or any animal waste into the Municipal Separate Storm Sewer System (MS4), into natural drainage course or spread on the property. O. The pool equipment area shall be enclosed and screened with landscaping. Per LA County Building Code, pool barrier/fencing shall be required. P. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roofing and material requirements of properties in the Very High Fire Hazard Severity Zone. Q. All utility lines to the residence, guesthouse, detached garages, and stable shall be placed underground, subject to all applicable standards and requirements. Reso. 2016-15 5 Pine Tree Lane R. A drainage plan, as required by the Building Department shall be prepared and approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to LA County Code requirements. S. All graded slopes shall be landscaped. A landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements and graded slopes. Prior to finaling the project, trees and shrubs shall be planted to screen the project from the neighbors. The landscaping shall not form a hedge like screen but be offset. The height of any new trees and shrubs, to be planted in conjunction with this project, shall not at any time exceed the ridgeline of the roof of the structures, which they are screening. The landscaping plan shall utilize to the maximum extent feasible, plants that are native to the area, are water -wise and are consistent with the rural character of the community. The landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18of the RHMC). T. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required. U. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to fences - including construction fences, any hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. V. Minimum of 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permits for waste hauling prior to start of work and provide proper documentation to the City. W. 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, and objectionable odors shall be required. X. During construction, all parking shall take place on the project site, on the new driveway and, if necessary, any overflow parking shall take place within the unimproved roadway easements on the east side of Pine Tree Lane adjacent to project site only, and shall not obstruct neighboring driveways. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. Y. 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 Reso. 2016-15 5 Pine Tree Lane S 10 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. Z. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: httpWwww.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. AA. 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) requirements related to solid waste, drainage and storm water drainage facilities management and to the City's Low Impact development Ordinance (LID). Further the property owners shall be required to conform to the County Health Department requirements for a septic system. AB. Prior to finalingof the project an "as_graded" and an "as constructed" plans - and certifications, including certifications of ridgelines of the structures, shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built/as graded" plan. AC. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall be recorded together with the resolution. PASSED, A , CHAIRMAN ATTEST: qcteliirdcUli HEIDI LUCE, CITY CLERK Reso. 2016-15 5 Pine Tree Lane ADOPTED THIS 21ST DAY OF JUNE 2016. 11 Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2016-15 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH A BASEMENT, DETACHED GARAGES, COVERED PORCHES, STABLE, SWIMMING POOL WITH A SPA, RETAINING WALLS AND NEW DRIVEWAY; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE, DETACHED GARAGES, AND STABLE WITH LOFT; AND VARIANCES TO EXCEED MAXIMUM PERMITTED AVERAGE HEIGHT OF RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED LOT DISTURBANCE IN ZONING CASE NO. 901 AT 5 PINE TREE LANE, (LOT 94-RH), (SHARNG). was approved and adopted at regular meeting of the Planning Commission on June 21, 2016 by the following roll call vote: AYES: Commissioners Cardenas, Gray, Smith and Chairman Chelf. NOES: None. ABSENT: Commissioner Kirkpatrick. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices tgaw HEIDI LUCE, CITY CLERK Reso. 2016-15 .5 Pine Tree Lane 12 RECEIVED City Council Members, JUL 062018 My name is Lauren Sharng. My husband Chris and I purchased 5 Pine Tree in December 2015, with the intent of building a new home. Currently, we are renting a house at 25 Caballeros Road with our 3 children and 2 horses. We recognize that the building process takes a substantial amount of time and we retained an architect, an engineer and a soil expert even before we closed escrow in order to efficiently pursue the project, even if saving only a few weeks. Our horses are living in very cramped conditions and we are anxious about moving them and our family into our new home. We submitted our preliminary plans to the Planning Director in February of 2016 and were placed on the April Planning Commission Agenda for our first hearing. At the April Planning Commission Public Hearing we received immediate feedback from the Commission relating to the size and scale of the development. The design team then revised the plans and re -submitted to the City Planning Director prior to the May 17th meeting. The site staking for the May 17th field trip was based on the updated plans, which incorporated the Planning Commission's input including substantially decreasing the size of the house, the covered porches, and the swimming pool, along with eliminating the tennis court. At the May 17 meeting, Mr. Keith Murphy, a prospective buyer of 3 Pine Tree Lane, emailed the City seven hours before the scheduled meeting. The email categorically objects to every aspect of our proposed project and practically our right to build a residence on our property. Mr. Murphy did not attend the meeting but Mr. Anthony Podell, the legal owner of 3 Pine Tree, was in attendance and he endorsed our project, at which time the Planning Commission directed staff to prepare a Resolution of Approval by a 4-0 vote of the Planning Commission. On June 21st, Mr Murphy, by now the owner of 3 Pine Tree, emailed the city four hours before the scheduled Planning Commission meeting. This time he asked that the Planning Commission delay their vote so that he could "undertake further review of our plan(s)" for 5 Pine Tree. Again, Mr. Murphy was not in attendance for the meeting. The Planning Commission voted to accept the Resolution of Approval, as presented by City Staff, with a 4-0 vote. Mr. Murphy's second email dated June 21 was especially disappointing because 1 had just met the Murphys' in the RHCA's offices the week before. We exchanged phone numbers and I offered to go over the plans with them. In this neighborly exchange, I also learned that Mr. Podell had taken the Murphy's over to our staked property at 5 Pine Tree and showed them the scope and size of the project. I learned that an inquiry about the appeal process has been made by Mr. Murphy. As of now, I do not know if he has or will file an appeal. I have offered to meet with Mr. Murphy to explain our plans that the Planning Commission already approved. As of the time of this email, we have been in contact but unable to arrange a date. Mr. Murphy's emails from May 17 shows that he was apparently aware of our project at least as of that time and that he has already had weeks if not months to "undertake further review of the plan." I reckon that he must have closed the escrow on or about June 13. I would like to think that his escrow allowed him plenty of time to conduct his due diligence. Due diligence isn't something to be done after the fact, nor at my expense. I have followed the rules. My plans have been on file, in plain view, with the City for months. This is an open and transparent process that has well -established integrity. 1 believe in and invested in the process. Delaying our project will set us back both time -wise and financially. Furthermore, I don't believe the appeal process applies in this case. Mr. Murphy has nothing to appeal because he never formally submitted any specific objections to the project in accordance with the City's rules and regulations and he was therefore never turned down for anything. I think the Planning Commission has done a professional and thorough job on reviewing and approving my proposed plan. If Mr. Murphy submits an appeal, I think it should be denied. Thanks for your consideration, My best, Lauren Sharng RECEIVtL .JUL 0 6 2016 City of Rolling By Tuesday, June 21, 201t )3:12 PM Pacific Daylight Time Subject: RE: In Re: Zoning Case No. 901 Date: Tuesday, June 21, 2016 1:53:06 PM Pacific Daylight Time From: Keith Murphy <KMurphy@organovo.com> To: Yolanta Schwartz <ys@cityofrh.net> CC: cari corbalis (caricorbalis@gmail.com) <caricorbalis@gmail.com> To whom it may concern, I understand that the project at 5 Pine Tree Lane, Zoning Case No. 901, is to be visited this evening. 1 would like to request that a vote on approval of the project be deferred to the next meeting. Mr. Tony Podell, the former owner, let me know that my objections were not considered at the previous meeting due to my lack of standing as not yet being the owner of 3 Pine Tree. Now that I have taken possession (only in the past few business days), I request that sufficient time be allowed for me to undertake further review of the plan prior to any vote on approval. Thanks and best regards, Keith Murphy 3 Pine Tree Lane From: Keith Murphy Sent: Tuesday, May 17, 2016 10:53 AM To: 'ys@cityofrh.net' <ys@cityofrh.net> Cc: cari corbalis (caricorbalis@gmail.com) <caricorbalis@gmail.com> Subject: In Re: Zoning Case No. 901 To whom it may concern, Regarding Zoning Case No. 901, a proposal for construction at 5 Pine Tree Lane, I wish to state some objections. First, I object to each detail in the current proposal as submitted. Secondly, I further explicitly object to each detail in the current proposal that requires an easement, allowance, or variance. In addition, I specifically object to the size of the residence, the size of the basement, the presence of and size of detached garages, the retaining walls, the required excavation, the required grading, the required re -compaction, the size of the stable and loft. I object to the issuance of a variance to exceed the maximum permitted height of retaining walls, and to the issuance of a variance to exceed the maximum permitted disturbed area. I object on the environmental impact, the impact on the stability of the hillside, the impact on the watershed, and the impact on view rights. Please acknowledge receipt of these objections. Thank you. Keith Murphy Chief Executive Officer Organovo, Inc. 6275 Nancy Ridge Dr. San Diego, CA 92121 (858) 550-9993 kmurohvl&oroonovo. com RECEIVED JUN 21 2016 City of Rolling Hills By Page 1 of 1 KECEIVED From: Keith Murphy <KMurphy@organovo.com> Date: Tuesday, May 17, 2016 10:52 AM To: Yolanta Schwartz <ys@cityofrh.net> Cc: "cari corbalis (caricorbalis@gmail.com)" <caricorbalis@gmail.com> Subject: In Re: Zoning Case No. 901 MAY 1 7 2016 . City of Rolling Hills By To whom it may concern, Regarding Zoning Case No. 901, a proposal for construction at 5 Pine Tree Lane, I wish to state some objections. First, I object to each detail in the current proposal as submitted. Secondly, I further explicitly object to each detail in the current proposal that requires an easement, allowance, or variance. In addition, I specifically object to the size of the residence, the size of the basement, the presence of and size of detached garages, the retaining walls, the required excavation, the required grading, the required re - compaction, the size of the stable and loft. I object to the issuance of a variance to exceed the maximum permitted height of retaining walls, and to the issuance of a variance to exceed the maximum permitted disturbed area. I object on the environmental impact, the impact on the stability of the hillside, the impact on the watershed, and the impact on view rights. Please acknowledge receipt of these objections. Thank you. Keith Murphy Chief Executive Officer Organovo, Inc. 6275 Nancy Ridge Dr. San Diego, CA 92121 (858) 550-9993 kmurphy@organovo.com Tuesday, April 19, 2011 _5:33 AM Pacific Daylight Time Subject: 5 Pine Tree Lane Date: Monday, April 18, 2016 10:08:00 PM Pacific Daylight Time From: Tony Podell <awpodell@gmail.com> To: Yolanta Schwartz <ys@cityofrh.net> CC: Wendy Starks <wstarks@cityofrh.net> Yolanta, In reference to Tuesday, April 19th's meeting regarding 5 Pine Tree we challenge the approval of all permit applications until we see the staking and all reports and approvals relevant to construction of the house, outlying buildings, pool and tennis court. Per the plans you showed me for #5 Pine Tree the driveway has been relocated further down Pine Tree, that and no construction trucks or vehicles of any type using #3's driveway ever is our number one priority. Thank you for your help, Mary and Tony Podell P.S. Would you please email me that you received this email. RECEIVED APR 1 9 2016 City of Rolling Hills By Page 1 of 1 THIS PAGE INTENTIONALLY LEFT BLANK MAY 172016 y of Rolling Hill PIrirminr� CCirnm► Hills, Ineei;n Fan ): *thorn ua saldt U : ?-. C . 961 5 P neTiez Lane , r. .yW f ' rJ • \ ,tom}. INCORPORATED JANUARY 24, 1957 TO: FROM: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6-A Mtg. Date: 07/11/16 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR vr THROUGH: RAYMOND R. CRUZ, CITY MANAGER ,10-1 APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 880 REVISED 15 PORTUGUESE BEND ROAD (LOT 78-RH) RA -S-1, 1.06 ACRES GROSS MR. AND MRS. HASSOLDT GARY WYNN, WYNN ENGINEERING OCTOBER 15, 2015 DECEMBER 31, 2015 FEBRUARY 11, 2016 JUNE 30, 2016 BACKGROUND 1. Following Planning Commission approval in September 2015 of variances for an almost completed 300 square foot addition, of which 61 square feet encroaches into the side setback and the provision of a ramp like, 2 -foot wide access around the addition, the City Council took this project under jurisdiction. (The 300 sf addition was approved administratively based on a plot plan provided by the applicant. During construction of the addition it was found that the addition encroached into the side setback and a discretionary review of the project was initiated). 2. After several public hearings and postponements, a modified proposal was submitted by the applicants to the Council at the November 9, 2014 meeting, which included a two -foot wide on grade access at the corner of the addition but up to 4' wide access along the sides of the addition and which would require a 6' high retaining wall along the easement line. The City Council did not approve that proposal and reiterated to the applicants to provide a 4'wide access. Council members have also requested that ZC NO. 880 -REVISED the area where the slope makes a 90 -degree angle at the rear corner of the addition be widened to provide a wider passage area and remove the Pine Tree located above this slope in the vicinity of the southerly property line. Subsequently, the applicants' engineer submitted a letter explaining that in order to provide a 4' -wide access around the addition, the retaining wall would need to be moved further south and into the RI-ICA easement and the retaining wall would have to be 7' high. He explained why the construction of such a tall retaining wall was not economically or structurally feasible. Per the applicants' request, the City Council stipulated to the applicants that they could complete the installation of the roof over the entire house, including the addition that encroaches into the side setback, but at their own risk, in case the addition needs to be modified due to the issue of the walkway around the addition, which is subject to this review. 3. In November, the applicants submitted to staff a revised plan showing reduction of the encroachment where 20 square feet at the corner of the addition was to be demolished, which would accomplish the City Council's direction to provide a 4' -wide walkway around the residence. In addition, between 3' to 5' high by 20' long retaining wall would be necessary and would be located up to 10' in the side yard setback. However, prior to the November 23, 2015 City Council meeting, the applicants withdrew this request and requested continuance of the case. 4. On June 27, 2016 we received a letter, attached, from Mr. Harold Light, attorney for Mr. and Mrs. Hassoldt requesting that Council members reconsider their decision to provide a 4' flat walkway all around the addition and grant a site plan review and variances for encroachment of 61 square feet of the addition into the side setback, an up to 6' high retaining wall to be built 10' in the setback of which a portion would be built along the easement line and a flat walkway around the sides of the addition that would range in width from 4' and narrow down to 2' at the corner of the addition and then flare out to up to 7' along the south west side of the house. 5. The letter from the attorney states that they submitted the request to the RHCA Board for license agreement to encroach into the easement with an up to 7' wall and that the RHCA conditions of approval are unreasonable and unacceptable to the owners. 6. The revised project has been noticed in the local newspaper on June 30, 2016 and the neighbors within 1,000 -foot radius of the parcel were also notified. As of the writing of the report, no comments were received from any neighbors. 7. The property is zoned RAS-1 and consists of 1.06 acres gross. The net lot area for development purposes is 36,484 square feet. Together with the 322 square foot addition and the renovated sunroom the residence is 3,951 square feet with 748 square foot ZC NO. 880 -REVISED garage. The property is also developed with a 412 square foot stable, 239 square foot gazebo, attached trellis, covered porch and service yard. 8. The structural coverage of the net lot is proposed to be 5,850 square feet or 16.0%, including the stable, (max. permitted is 20%). With the allowed deduction the structural coverage is 15.7% of the net lot area. The total coverage (structures and flatwork) is proposed at 10,273 square feet or 28.2%, (max. permitted is 35% of the net lot area). (The calculations include a minimum required size of 450 sq.ft.stable). 9. The disturbed area of the lot is 50%, and is legal non -conforming. No grading, other than excavation for footings and the wall and backfilling for a total of 7.4 cubic yards is required for this project. 10. The existing residential building pad is 15,710 square feet and will have coverage of 32.2 %, with allowed deductions. Currently the coverage is 30%. 11. The project has been determined to be categorically exempt from environmental review pursuant to Section 15301 of the CEQA (California Environmental Quality Act) Guidelines because the project involves an addition to an existing structure that will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet. 12. When reviewing this application the City Council must consider the criteria for granting of Variances and Site Plan Review. The parcel, located to the RAS-1 zone is adjacent to lots in the RAS-2 zone is one of the smallest and narrowest of lots as compared to the lots in the immediate vicinity. ZONING CASE NO. 880 SITE PLAN REVIEW EXISTING PROPOSED RA -S-1 ZONE SETBACKS Single family residence and accessory structures Addition that requires Variances Front: 50 ft. from front easement Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Residence Att. porch Garage Stable Service yd Gazebo Attch trellis 3629 sq.ft. 175 sq.ft. 748 sq.ft. 412 sq.ft. 229 sq.ft. 239 sq.ft. 58 sq.ft. Residence Att. porch Garage Stable (min.) Service Yd. Gazebo Attch trellis 3971 sq.ft 175 sq.ft. 748 sq.ft 450 sq.ft. 229 sq.ft 239 sq.ft. 58 sq.ft. (Site Plan Review required if size of structure increases by 1,000 sq. ft. or more in a 36- month period). TOTAL 5,490 sq.ft TOTAL 5,850 sq.ft ZC NO. 880 -REVISED STRUCTURAL LOT 14.7% 16.0% of 36,484 sq.ft. net lot area; w/deductions 15.7% COVERAGE (20% maximum) TOTAL LOT COVERAGE 27.1% 10,273 sq.ft. or 28.2% of 36,484 sq.ft. net lot area (35% maximum) BUILDING PAD COVERAGE 30.4.0% (w/allowances) 32.2% w/allowances of 15,710 sq.ft.residential building pad RESIDENTIAL (30% max permitted) GRADING N/A 7.4 c.y. Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft.,/balanced on site. DISTURBED AREA 50% 50% (40% maximum; STABLE (minimum 450 sq. ft.) a 412 sq.ft. 412 sq.ft.(450 min.) CORRAL (minimum 550 sq. ft.) STABLE ACCESS From driveway From driveway ACCESSWAY Existin• Existin• VIEWS N/A N/A PLANTS AND ANIMALS N/A N/A CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 880 -REVISED 0 SITE PLAN REVIEW CRITERIA 11.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 11.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 880 -REVISED THIS PAGE INTENTIONALLY LEFT BLANK LAW OFFICES OF HAROLD J. LIGHT )UGC wlST OLrMIK SOULEVAwo. avvC 300 LOS ANGELES. CALIFORNIA 60064-1614 TCLCCC ONE 1310) 433.1333 FAX 13101 £73.0077 June 24, 2016 Our File No: 2122.06 Via E -Mail and U. S. Postal Service Yolanta Schwartz, Planning Director City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, California 90274 Re: William and Judith Hassoldt Number 16 Portuguese Bend Road. Rolling Hills RECEIVED Dear Ms. Schwartz: JUN 272016 City of Rolling Hills By This office represents William and Judith Hassoldt (the "Hassoldte"), who are the owners of 15 Portuguese Bend Road in the City of Rolling Hills (No. 16 PBR"). As you know, the Hassoldts have been trying for well over a year to obtain final approval for certain variances required as a result of the construction of an addition to No. 15 PBR, which addition was discovered (after it was almost complete) to encroach up to 7.5 feet into the side yard setback. The variances would allow the encroachment into the setback with a two -foot clearance around the corner of the house in lieu of the normal four -foot clearance and construction of an engineered retaining wall. These variances were approved by the Planning Commission but have not yet received approval from the City Council. As a reminder, the encroachment into the setback came about innocently. The Haesoldta' architect and engineer relied on a flawed site plan on file with the City. Permits were issued administratively in late 2014, and all work was done in accordance with the approved plans. When the encroachment was discovered the City issued a stop work order in early 2015. In September 2015 the Planning Commission approved a resolution granting the requested variances, and it forwarded its recommendation to the City Council. In October, notwithstanding the fact that the Planning Commission had accepted the two foot clearance (after the County Fire Department had confirmed that the proposed clearance would provide "full access to all sides of the home and not impede Fire Department operations"), the City Council took the position that the Hassoldts should nevertheless seek to achieve a four foot clearance. The only way Yolanta Schwartz, Planning Director City of Rolling Hills June 24, 2016 Page 2 to do so would be to request from the Rolling Hills Community Association (the "RHCA") the right to encroach two feet into the RHCA easement that runs along the side of No. 15 PBR and to construct the retaining wall in the easement. The City Council tabled the matter, and the Hassoldts were directed to see the RHCA about a licensing agreement allowing the retaining wall in the easement. Though in light of the circumstances that action should not have been necesssary, the Hassoldts prepared and submitted such a request to the RHCA. It is now June 2016. Eighteen months have gone by since the stop work order was issued. And, unfortunately, the Hassoldts do not have RHCA approval. Though they believed, based on a meeting and site visit conducted early this month, that there had, indeed, been an agreement on the conditions to approval of the retaining wall, RHCA's counsel, Sid Croft, forwarded a letter earlier this week asserting on behalf of his client that there is, in fact, no such agreement. This is, to say the least, extraordinarily frustrating.' What makes all of this so unnecessary is the fact that the requirement for a four foot clearance (which is the last hurdle to end this nightmare) is clearly not sacrosanct. Putting aside the fact that the essential purpose for such clearance -- fire department access -- is, according to the fire department itself, a non -factor in this case, the Hassoldts have now learned of at least one nearby example of a homeowner to whom the four foot rule has not been applied at all. That neighbor has been allowed to maintain absolutely no clearance around the side of his house, let alone the two feet that the Hassoldts have committed to provide. This is manifestly unfair. Especially in light of the many challenges and delays the Hassoldts have encountered in trying to improve No. 15 PBR, and taking into consideration the fact ' Without belaboring the issue, there was a meeting in February before the RHCA in which a motion to approve, allegedly subject to three conditions, was passed. The record and the minutes clearly indicate that, of those three proposed conditions (all of which relate to requests for a license to make changes within the easement that had been separately initiated by the Hassoldts' neighbors, Steve and Diana Nuccion, and have no real nexus to the Hassoldts' request), only one was to be paid for by the Hassoldts. Mr. Croft, however, has taken the remarkable position that, notwithstanding such a clear record, the financial burden for all of the claimed conditions should be on the Hassoldts. Yolanta Schwartz, Planning Director City of Rolling Hills June 24, 2016 Page 3 that the one remaining issue is neither essential nor consistent with the rights enjoyed by their neighbor, the Hassoldts request that the City place this matter back on the agenda and approve the variance as initially approved by the Planning Commission, allowing construction of the retaining wall with a two foot wide passageway. If you have any questions about any issues related to this matter or if you need any additional information in advance of or at the meeting, do not hesitate to contact me. Sincerely, LAW OFFICES OF HAROLD J. LIGHT HJL:akb a, ail Ram qeg INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310)377-7288 Agenda Item No.: 7-A Mtg. Date: 07/11/16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER 9+4' SUBJECT: CONSIDERATION OF AN INCREASE IN THE FY 16/17 BUDGET FOR SUPPLEMENTAL TRAFFIC ENFORCEMENT. DATE: JULY 11, 2016 ATTACHMENT: FY 16-17 Supplemental Traffic Enforcement Staffing Proposal Sheriff's Dept. Correspondence re: Rolling Hills Traffic Enforcement Supplemental Traffic Enforcement Reports & Statistics from July 2015 - June 2016 RECOMMENDATION It is recommended that the City Council evaluate the present deployment of deputies concerning the Sheriff's Department's supplemental traffic enforcement services in Rolling Hills for the remainder of FY 2016-17 and possibly increase in the number of hours budgeted for the service. BACKGROUND As part of the FY 15/16 budget formulation process, the City Council through a recommendation of Budget Committee reduced the supplemental traffic enforcement budget and associated number of hours was from 350 hours to 175 hours. This decision was made partly due to the Sheriff's Regional Law Contract formula being amended in FY 14/15 and now provided a similar number of hours for general patrol traffic enforcement. Although the Budget Committee again recommended the same 175 hours for supplemental traffic enforcement that was approved in the FY 16/17 budget, the Traffic Commission at their May 2016 meeting recommended it be increased back to 350 hours. The Commission believes that these additional hours are necessary to assist with excessive speed and other traffic law violations that still are problematic on the City's roadways. O During the City Council deliberations concerning the FY 2016-17 budget on June 13, 2016, there were two requests to amend the proposed budget that included the Traffic Commissions request to increase the hours for supplemental traffic enforcement. Although the City Council approved the proposed FY 16/17 budget entirely, it was agreed to bring these two budgetary items back for further discussion at its June 27, 2016 meeting. After the City Council reviewed the historical budgets and discussed the merits of amending the supplemental traffic enforcement budget for FY 2016-17 at this meeting, the City Council asked that the item to be brought back to a future City Council meeting for a final decision. Furthermore, the City Council requested staff provide them information on the Sheriff deployment schedule and citation/warning statistics for supplemental traffic enforcement during FY 2015/16 to assist them in their decision making process. DISCUSSION The City contracts with the Los Angeles County Sheriff's Department for public safety through a regional contract with the Cities of Rolling Hills Estates and Rancho Palos Verdes. Each City pays a proportionate share of the Lomita Sheriff's Station regional contract for their services that typically includes hours of general traffic enforcement for Rolling Hills. Additionally, for many years, the City of Rolling Hills has independently contracted with the Sheriff's Department for additional 350 hours of supplemental traffic enforcement. However, as part of the FY 15/16 budget formulation process, the City Council through a recommendation of Budget Committee reduced the supplemental traffic enforcement budget and associated number of hours from 350 hours to 175 hours. This decision was made partly due to the Sheriff's Regional Law Contract formula being amended in FY 14/15 and now provided a similar number of hours for general patrol traffic enforcement. The City Council over the years has tasked the Traffic Commission to develop enforcement strategies that will provide the right balance of Sheriff enforcement to change the behavior of traffic law offenders in the community versus providing deterrence by making a Sheriff patrol vehicle visible that will provide warnings. These strategies would include: deciding time of day of when Sheriff traffic enforcement would occur, location of where Sheriff enforcement should occur, types of violations that should be the priority of Sheriff personnel, and determine what methodologies should be considered when the Sheriff personnel are issuing citations (i.e. how many miles over speed limit should a speeding ticket be issued, and when would a violator should be issued a ticket vs. given a warning). In regard to deployment, the Sheriff's Department maintains a strategy of being very visible when conducting traffic enforcement as a means of encouraging safe driving and to issue warnings if/when they feel it is appropriate. Staff further encourages their use of a decoy car as much as possible. Enclosed is a Sheriff's Dept. correspondence on its strategy for supplemental traffic enforcement. There have been statements by some Couricilmembers recently that they believe that the supplemental traffic enforcement emphasis was too much on citations concerning California stops and seat belt violations. With the augmentation to the general traffic enforcement hours within the basic Sheriff's Dept. law enforcement contract and the belief that the supplemental traffic enforcement was not the best use of resources has reinforced their decision to cut the supplemental traffic enforcement hours in half. Residents routinely attend Traffic Commission meetings and strongly state the need for more Sheriff's Dept. enforcement of traffic laws in Rolling Hills —especially speeding on Crest Road. The Commission receives reports from Sheriff's Dept. Traffic Bureau deputies on hazardous citations, non -hazardous citations and accidents. From the information provided by the Traffic Bureau, the Traffic Commission recommended the following deployment for the City's current allocation of 175 hours for supplemental traffic enforcement: Phase 1 - July through November - 112 hours (80 of those hours correspond to the first two weeks of the school year starting August 29); Phase 2 - December - 16 hours in four hour shifts if possible; and Phase 3 - January -June - 47 hours in four hour shifts if possible. Lomita Station Sheriff Captain Beringer and Traffic Bureau personnel will be present to interpret the data provided the Commission within the staff report and to answer any questions concerning the enforcement data provided and the issues surrounding supplemental traffic enforcement. FISCAL IMPACT If the City Council considers approving any amendments that increases the FY 2016/17 budget, the budget can remain balanced by taking it from the $88,807 budget surplus, by reducing an existing budget line item(s) in the same amount, or a combination of the two. NOTIFICATIONS The Traffic Commissioners and Block Captains were notified of this item. RC:hl Traffic Enforcement Funding Amendment for FY 16-17.docx THIS PAGE INTENTIONALLY LEFT BLANK S ROLLING HILLS TRAFFIC ENFORCEMENT FISCAL YEAR 2016-17 The program will begin July 1, 2016. The supplemental traffic enforcement will run from July 1, 2016 through June 30, 2017. The primary focus of this directed traffic enforcement will be Monday thru Friday. Locations will be random to increase our visibility and the effectiveness of the enforcement. The breakdown is as follows: PHASE 1 The first phase will start July 1, 2016 and continue through November 30, 2016. This will be a total of 112 hours. 80 hours from phase 1 will correspond with the first two weeks of the 2016/17 school year, which begins on August 29, 2016. The cost of the initial phase is $9,633.12 (112 hours x $86.01 per hour). PHASE 2 A second phase will begin on December 1, 2016 and will continue through December 30, 2016. The program will consist of 16 hours of traffic enforcement. The breakdown is as follows: 8 hours per week for 2 weeks for a total of 16 hours. The cost of this phase for the month of December will be $1,376.16 (16 hours x $86.01 per hour). PHASE 3 A third phase will commence on January 1, 2017 and will conclude on June 30, 2017. The remaining 47 hours of traffic enforcement will be utilized throughout this time period. The breakdown is as follows: 47 hours spread over a 6 month time period. The cost of this phase is $4,042.47 (47 hours x $86.01). The 'traffic office will work closely with city staff and residents to increase the overall effectiveness of the entire program. High visibility and compliance with traffic regulations will be the main goal of this operation. This will result in a safer environment for everyone traveling through the city of Rolling Hills. If a shift is missed, it can be made up during the phase in which it was missed. This will ensure maximum coverage throughout the operation. TOTAL COST FOR ALL 3 PHASES: $15,051.75 (175 hours x $86.01) COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT "A TRADITION OF SERVICE" Date: July 7, 2015 OFFICE CORRESPONDENCE FROM: ANTHONY BLANCHARD, SERGEANT TO: BLAINE BOLIN, CAPTAIN LOMfTA STATION LOMLTA STATION SUBJECT: ROLLING HILLS TRAFFIC ENFORCEMENT The purpose of this office correspondence to to provide L.orntta Statton'c philosophy regarding supplemental traffic enforcement in the Sty of Rolling Hills. The Lomita Station Traffic Office works whh city staff and residents to ensure and maintain the overall effectiveness of the supplemental traffic enforcement program. High ponce visibility and motorist compliance wtth traffic regulations are the main..goata of this_ supplemental traffic enfnrtxrment, with the expectation of e safer environment for everyone traveling through the city of Roiling Hills. Deputies through targeted with high visibility, nd traffic citations/warnings a shall be issued as appropriate. will be Although the primary focus of this service is to provide supplemental traffic enforcement, the vlsftrle presence of a patrol car driving through the city deters criminal activity end is en added element to our crime suppression efforts ALB:alb JULY 2015 ROLLING HILLS TRAFFIC ENFORCEMENT DATE TIME HOURS LOCATION VIOLATION RESIDENT CITES NON - RESIDENT CITES WARNINGS DEPUTY 7/20/15 0700-0800 1 EASTFIELD RD/CHUCKWAGON RD STOP SIGN 1 0 0 BOUSE 1000-1100 1 EASTFIELD RD/OUTRIDER RD STOP SIGN 0 1 0 BOUSE 1100-1200 1 EASTFIELD RD/CHUCKWAGON RD STOP SIGN 1 0 0 BOUSE 1200-1400 2 PORTUGUESE BEND RD SPEED 0 1 0 BOUSE 7/22/15 0800-0900 1 CINCHRING RD -STOP SIGN 0 0 0 BOUSE 0900-1200 3 PORTUGUESE BEND RD SPEED 1 0 1 BOUSE 7/28/15 1500-1800 3 VARIOUS MONITORED TRAFFIC 0 0 0 SOUZA 7/30/15 1300-1400 1 CREST RD EAST/SOUTHFIELD RD SPEED 0 0 1 DESPOT 1400-1600 2 ' VARIOUS MONITORED TRAFFIC 0 0 0 DESPOT 1600-1700 1 EASTFIELD RD MONITORED TRAFFIC 0 0 0 DESPOT 0 1700-1800 2 EASTFIELD RD/OPEN BRAND RD STOP SIGNS 1 1 0 DESPOT 1800-1900 1 CREST RD EAST SPEED 0 0 1 DESPOT 7/30/15 0700-0800 1 PATROL MONITORED TRAFFIC 0 0 0 FABIAN 0800-0900 1 PORTUGUESE BEND RD SPEED/STOP SIGN 1 0 1 FABIAN 0900-1000 1 PORTUGUESE BEND RD SPEED 1 0 0 FABIAN 1000-1100 1 PORT BEND RD/SADDLE BACK RD STOP SIGNS 0 0 0 FABIAN 1100-1200 1 CREST ROAD MONITORED TRAFFIC 0 0 0 FABIAN 1200-1300 1 PORTUGUESE BEND RD SPEED 0 0 1 FABIAN 7/31/15 1000-1100 1 PORTUGUESE BEND RD SPEED 0 0 0 DESPOT 1100-1200 1 RINGBIT RD MONITORED TRAFFIC 0 0 0 DESPOT 1200-1300 1 CREST RD E/SOUTHFIELD RD SPEED 1 0 0 DESPOT 1300-1400 1 PORT BEND/SADDLEBACK RD STOP SIGN 0 0 0 DESPOT 1400-1500 1 EASTFIELD RD MONITORED TRAFFIC 0 0 0 DESPOT 1500-1600 1 EASTFIELD RD STOP SIGN 0 0 1 DESPOT 1600-1700 1 VARIOUS MONITORED TRAFFIC 0 0 0 DESPOT TOTAL 32 7 3 6 THIS PAGE INTENTIONALLY LEFT BLANK AUGUST/SEPTEMBER 2015 ROLLING HILLS SUPPLEMENTAL TRAFFIC ENFORCEMENT DATE TIME HOURS LOCATION I VIOLATION RESIDENT NON-RESIDENT CITES WARNINGS DEPUTY 8/31/15 0600-0700 1 CREST RD W/ BUGGY WHIP RD J SPEED 0 0 1 BOUSE 0700-0900 2 PORTUGUESE BEND RD SPEED 0 1 0 0900-1000 1 24 PORTUGUESE BEND RD SPEED 1 0 0 100-1100 1 CREST RD E / EASTFIELD RD STOP SIGN 0 0 0 1100-1200 1 SADDLEBACK RD STOP SIGN 0 0 0 1200-1400 2 PORT BEND RD POPPY TRAIL SPEED 0 1 0 8/31/15 0600-1400 8 VARIOUS LOCATIONS PATROL VARIOUS 0 0 0 DESPOT 9/1/15 0630-0830 2 CHUCK WGN RD/EASTFIELD STOP SIGN 1 1 0 SMITH 0830-1000 2 CREST RD/EASTFIELD RD STOP SIGN 1 0 1 1000-1430 4 EASTFIELD RD/CHUCKWAGON STOP SIGN/EXP REG 1 1 1 9/2/15 0700-0800 1 CREST RD/SOUTHFIELD RD TINT WNDWS/FOLLOW TOO 0 0 1 DESPOT 0800-0900 1 CREST RD/SOUTHFIELD RD STOP SIGN 1 0 0 0900-1100 2 CREST RD W/ BUGGY WHIP RD SPEED 0 0 0 9/3/15 1200-1300 1 CREST RD W/BUGGY WHIP SPEED 1 0 0 DESPOT 1400-1500 1 PORT BEND/SADDLEBACK RD STOP SIGN 0 0 1 et 1500-1600 1 CREST RD W/BUGGY WHIP SPEED 1 0 0 1600-1700 1 EASTFIELD RD/OPEN BRAND RD STOP SIGN 1 0 0 9/4/15 0500-0800 2 CHUCKWAGON RD/EASTFIELD RD STOP SIGN 0 1 0 SMITH 0800-0900 1 EASTFIELD RD/ CREST RD E STOP SIGN 0 0 0 0900-1000 1 CHUCKWAGON RD/EASTFIELD RD STOP SIGN 0 0 1 1000-1300 4 CREST RD E/EASTFIELD RD WARRANT / NO LICENSE 0 1 FH/A ARREST 0 9/9/15 1400-1600 2 VEH PREP/STATION DUTIES VARIOUS 0 0 0 FABIAN 1600-1700 1 PORTUGUESE BEND RD VARIOUS 0 0 0 1700-1800 1 CREST RD STOP SIGN 0 0 1 1800-1900 1 7 PORTUGUESE BEND RD I STOP SIGN 0 1 0 1900-2200 3 2 PORTUGUESE BEND RD i VARIOUS 0 1 0 9/8/15 1500-1700 2 EASTFIELD RD/ OUTRIDER RD SPEED 1 0 0 DESPOT 1700-1900 2 EASTFIELD RD/OPEN BRAND RD STOP SIGN 0 0 0 9/9/15 1200-1500 3 EASTFIELD RD/OPEN BRAND RD STOP SIGN 0 0 1 DESPOT 1500-1600 1 CREST RD W/BUGGY WHIP SPEED 1 0 0 9/10/15 0530-0730 2 VARIOUS LOCATIONS PATROL VARIOUS VIOLATIONS 0 0 0 FABIAN ////lb DATE TIME HOURS LOCATION VIOLATION RESIDENT CITES NON-RESIDENT CITES WARNINGS DEPUTY 0730-0830 1 MIDDLE RIDGE LN N STOP SIGN 1 0 0 0830-0930 1 PORTUGUESE BEND RD STOP SIGN 1 0 0 0930-1130 2 VARIOUS LOCATIONS PATROL VARIOUS 0 0 0 9/11/15 0500-0800 3 VARIOUS LOCATIONS PATROL VARIOUS 0 0 0 SMITH 0800-0900 1 CREST RD E/EASTFIELD RD STOP SIGN 0 0 1 0900-1300 4 CHUCKWAGON RD/EASFIELD RD STOP SIGN / NO LICENSE 0 1 MH/AARREST 0 9114/15 0600-0800 2 CREST RD W/BUGGYWHIP SPEED 0 0 0 BOUSE 0800-0900 1 PORT BEND/CREST RD STOP SIGN 0 0 0 1100-1300 2 PORT BEND RD POPPY TRAIL SPEED 2 0 0 9/14/15 1300-1600 3 2 PORT BEND RD/POPPY TRAIL PORT BEND RD/POPPY TRAIL SPEED SPEED 0 0 2 2 0 0 DESPOT 1600-1800 TOTAL 80 I 14 11 9 I Inventory Ust 7/7/16 DECEMBER 2015 ROLLING HILLS TRAFFIC ENFORCEMENT DATE TIME HOURS LOCATION VIOLATION RESIDENT CITES NON RESIDENT CITES WARNINGS DEPUTY 12/11/15 0900-1100 2 CREST RD E/SOUTHFIELD RD STOP SIGN 1 0 0 ROUSE 1100-1300 2 CREST RD E/CABALLEROS STOP SIGN 0 2 2-R BOUSE 1200-1400 2 CREST RD E SPEED 0 1 2 -NR DESPOT 1400-1600 2 CREST RD E/SOUTHFIELD RD STOP SIGNS 2 0 2 -NR DESPOT 12/14/15 1000-1200 2 CREST ROAD W SPEED 1 0 1 -NR DESPOT 1200-1400 2 EASTFIELD/OPEN BRAND STOP SIGN 0 0 1 -NR DESPOT 12/15/15 1000-1100 1 CREST RD W MONITORED TRAFFIC 0 0 0 BOUSE 1100-1200 1 PORTUGUESE BEND RD SPEED 0 1 0 BOUSE 1200-1400 2 CREST RD W/EASTFIELD STOP SIGN 0 0 2-R BOUSE TOTAL 16 4 4 10 Inventory List 7/7/16 May 2016 ROLLING HILLS TRAFFIC ENFORCEMENT DATE TIME HOURS LOCATION VIOLATION RESIDENT CITES NON - RESIDENT CITES WARNINGS DEPUTY 5/2/16 0700-1100 4 Portuguese Bend Rd / Poppy Trail Speed 4 0 0 Bouse 5/4/16 1100-1500 4 Crest Road W/ Buggy Whip Speed 1 3 0 Despot 5/5/16 0830-1230 4 Portuguese Bend Rd / Poppy Trail Speed 3 1 1 Bouse 5/9/16 0700-1100 4 Portuguese Bend Rd / Poppy Trail Speed 2 2 0 Bouse 5/11/16 0900-1300 4 26 Portuguese Bend Rd Speed 2 2 2 Bouse 5/13/16 1100-1500 4 Crest Road W / Buggy Whip Speed 2 2 0 Despot 5/16/16 1000-1400 4 Portuguese Bend Rd / Poppy Trail Speed 3 1 1 Bouse 5/17/16 1300-1500 2 Portuguese Bend Rd / Pheasant Speed 0 2 0 Bouse 5/17/16 1500-1600 1 Portuguese Bend Rd / Pheasant Cross Double Yellow 1 0 0 Bouse 5/17/16 1600-1700 1 Portuguese Bend Rd / Pheasant Speed 0 1 0 Bouse 5/19/16 0630-0830 2 Crest Road W / Buggy Whip Speed 0 2 0 Despot 5/19/16 0830-0930 1 Southfield / Crest Speed 1 0 0 Despot 5/19/16 0930-1030 1 Southfield / Crest Stop Sign 1 0 0 Despot 5/23/16 1200-1600 4 26 Portuguese Bend Rd Speed 1 3 2 Bouse 5/24/16 1200-1600 4 26 Portuguese Bend Rd Speed 2 2 1 Bouse 5/25/16 1400-1700 3 Crest Road W / Buggy Whip Speed 2 1 0 Despot TOTAL 47 25 22 7 Inventory List 7/7/16 INCORPORATED JANUARY 24, 1957 TO: FROM: SUBJECT: DATE: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310)377-7288 Agenda Item No.: 8-A Mtg. Date: 7/11/16 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL RAYMOND R. CRUZ, CITY MANAGER TERRY SHEA, FINANCE DIRECTOR DISCUSSION CONCERNING THE CONSIDERATION OF CHANGING THE RATE FOR THE CITY OF ROLLING HILLS BUILDING PERMIT RELATED FEES JULY 11, 2016 ATTACHMENT: Comparable Cities Table 2015 Revenue Table for Building Permit Related Fees Rolling Hills General Fund Historical and Expenditure Trends RECOMMENDATION, Staff recommends the City of Rolling Hills maintain its fees associated with Building, Plumbing, Mechanical, and Electrical Permit and related fees at 2.5 times the amount set forth in the Los Angeles County Building Code for each fee. ALTERTNATIVES A. The City of Rolling Hills reduce its fees associated with Building, Plumbing, Mechanical, and Electrical Permit and related fees to 2.25 times the amount set forth in the Los Angeles County Building Code for each fee. OR B. Other alternative that the City Council deems appropriate. BACKGROUND During the FY 2014/15 budget preparation process, the Finance/Budget/Audit Committee and City Council, at the request of Councilmember Black, considered lowering the City's Building Permit related fees due to the recent run of significant surplus budget years, but the City Council decided to leave the fees unchanged. During the FY 2015/16 budget preparation process, the Committee decided not to change the Building Permit related fees. However, the Committee directed staff to review the fees again in January of 2016. Unfortunately, since the Building related fees revenues are so in the arrears in receiving its monthly payments from Los Angeles County, it was decided to postpone the review to the FY 16/17 budget preparation process and utilize FY 14/15 Building Permit related fees revenues in order to provide the Finance Director a whole year of information to analyze. Furthermore, the potential change in these fees is a fiscal philosophical decision it was thought best that the entire City Council be part of the discussion. DISCUSSION In 1982, the City Council enacted a rate that is 2.5 times that of the County of Los Angeles for Building Permit related fees. It was proposed two years ago in a City Council Budget Committee meeting to lower the fees to 2.25 times that of L.A County fees. Building Permit related fees and Property Taxes are the two biggest sources of revenue for the City of Rolling Hills. The vast majority of the City's activities and staff work revolve around development. By State statute, a fee cannot be set higher than the costs associated to the services provided. The Finance Director made a calculation for his analysis in the report utilizing the calendar year 2015 actual revenues for Building Permit and Planning/Zoning/Subdivision Code fees together, and concluded that they do not cover the costs of the City's development related activities. Therefore, it was recommended by the Finance Director that the City's Building Permit related fees not be amended on that point alone. To provide the City Council a comparison of what other cities that utilize the Los Angeles County Building and Safety Department to provide plan check and construction inspection services, attached is a table that illustrates what each municipality charges for their Building Permit related fees. It also illustrates all the significant General Fund fees and taxes that finance most of these cities municipal government services. Although Rolling Hills' multiplier is in the range of what these cities pay for Building Permit fees, its property tax percentage return is the lowest. Furthermore, all the other cities have more General Fund revenue sources to pay for its municipal government services. For most of these cities, sales taxes are its most significant revenue. But with other cities, business license fees or franchise fees can also be large revenue sources. It is believed the City's Building Permit related fees are at an appropriate rate, especially since the City does not include any additional fees or taxes that other cities do to raise revenue. As stated before, at least 50% of all the City's resources are invested in some manner to planning, building and zoning activities. For FY 14/15, Building Permit and other related fees collectively brought in $650,932 in revenue, but the staff time and overhead costs associated with development conservatively calculated were $695,065 in expenditures. Thus, the City took in $44,673 in revenue less than it needed to cover its development related costs. Councilmember Black is proposing that the City initially decrease the Building Permit related fees by decreasing the multiplier to 2.25 times that of the County fee. He believes that the Rolling Hills residents are already paying enough in property taxes that should offset the need for higher Building Permit related fees. Furthermore, Councilmember Black would like to eventually lower the multiplier to 2.0 times the County rate. It is true that all Rolling Hills residents are paying property taxes, but unfortunately the City only receives 6.5 cents on every dollar paid which is not enough to cover all of the General Fund municipal government expenditures. The City has had significant surplus budgets since FY 2012-13, but the City anticipates for FY 2016-17 the City will have a much more modest surplus of $88,807 —before transfers. Although the City has a robust fund balance that is estimated to be $4,010,703 at the end of FY 16-17, it is relatively small compared to foreseen and unforeseen expenses that could be significant such as: ADA compliance of the civic center, storm water retention and clean up projects, unfunded State and Federal mandates, a natural disaster, sudden economic/building downturn and law suit costs. Furthermore, this is the first year of employing the new Associate Planner for a full fiscal year and staff will need to continue accounting for the new costs associated with this position. Therefore, lowering the Building Permit related fees is believed not prudent when balancing a lot of fiscal unknowns. FISCAL IMPACT Since the Building Permit related fees represent such a large percentage of the City's development fees, adjusting them could be very risky because they are economy sensitive. If the City Council adjusts them wrong, this could have a negative impact to the entire governmental budget. Based on utilizing calendar year 2015 revenues, it was calculated that a .25 drop in the multiplier in the building related fees would be approximately $55,000 in lost City revenue. It is forecasted that a similar loss in revenue would occur for FY 16-17 if the reduction is implemented. Although the City could absorb this loss in good times, it is always much more difficult to raise fees when there is a recession or building downturn. CONCLUSION The City of Rolling Hills has set its Building Permit related fees associated to the County with the same formula for over 34 years. It is clear the Building Permit fees do not cover all the costs of the services provided for development. The City's revenues are very limited, but the City's prudent fiscal policies have made its governmental budgets very stable. Spending time and resources to potentially change the Building Permit related fees is very risky in an unstable local government financing environment. Due to the reasons stated above, the Finance Director recommends that City Council not make any adjustments to its Building Permit related fees. RC:hi Buil dingFeessfaff rptdoa 0 SIGNIFICANT GENERAL FUND REVENUES OF COMPARABLE CITIES CITY BUILDING PERMIT MULTIPLIER PROPERTY TAX SALES TAX FRANCHISE FEES BUSINESS LICENSE TAX /FEES TRAINSIENT OCCUPANCY TAX USER FEES NEW CONST. TAX UTILITY USER TAX TICKET TAX CASINO TAX MINING TAX FINES CHANDLER GRAVEL FEE Artesia 2 x x x x x x Carson 1.5 6.74 Cents x x x x x x x Commerce 3 7 Cents x x x x x C Irwindale 2 SO Cents x x x x I La Canada Flintridge 1.5 7 Cents x x x x Lomita 2 18 Cents x x x x x x Rolling Hills* - 2.5 6.5 Cents - _ Rolling Hills Estates 3" x x x x x x *Rolling Hills does receive nominal sales taxes, franchise fees and fines that add up together less that 1% of the Gerneral Fund. **Roiling Hills Estates utilizes primarily the 3 times multiplier except for very small projects (e.g. water heater change outs) when the 2 times multiplier is utilized. I --In Irwindale, the Mining tax represents 17% of General Fund Budget. C --In Commerce, Casino tax represents 40% of General Fund Budget. Rev. 5/8/14 City of Rolling Hills Los Angeles County Building Permit Fees 2015 2015 January February March April May June July August September October November December Total Permits - • Building 47,654.90 2,911.90 23,941.40 4,786.50 10,904.30 16,023.70 5,168.00 10,575.30 8,806.80 19,939.00 6,417.30 34,444.35 191,573.45 Electrical 5,251.32 463.11 16,496.71 1,549.80 171.80 1,429.90 1,265.50 1,610.20 6,076.30 8,165.80 - ' .2,468.00 44,948.44 Mechanical 2,431.50 - 1,514.30 563.00 - 353.00 - 490.30 2,346.00 863.40 - 912.10 9,473.60 Plumbing 2,346.20 1,417.30 698.50 3,433.10 113.30 1,333.70 113.80 2,122.90 2,545.40 - 1,067.60 15,191.80 Sewer 319.80 - 149.50 469.30• 397.80' - 397.80 150.30 399.80 .` - - 2,284.30 Swimming Pool 2,061.50 4,955.00 2,061.50 1,104.50 5,33.1.30 3,167.30 6,365.60 5,327.40 - 2,160.60 - 32,534.70 Grading - . - - 907.10 1,963.60 - - - - 2,870.70 60,065.22 9,747.31 44,861.91 11,906.20 16,918.50 22,307.60 14,217.80 22,240.00 20,174.30 31,128.80 6,417.30 38,892.05 298,876.99 Plan Check Building 16,362.97 23,903.21 17,126.41 1,248.60 7,060.80 14,079.40 5,253.70 38,037.01 9,950.40 78,391.81 424.60 17,297.60 229,136.51 Electrical 226.00 - 9,077.10 - - - 284.00 - 9,587.10 Mechanical - - - Plumbing - - - - - - - - Grading 990.10 738.80 - 369.47 995.00 2,510.00 4,651.50 - 369.47 10,624.34 Energy - 17,579.07 24,642.01 26,203.51 1,618.07 7,060.80 14,079.40 6,248.70 40,547.01 9,950.40 83,327.31 424.60 17,667.07 249,347.95 77,644.29 34,389.32 71,065.42 13,524.27 23,979.30 36,387.00 20,466.50 62,787.01 30,124.70 114,456.11 6,841.90 56,559.12 x548,224.941 Multiplier Fees 219,289.98 Multiplier 2.25 493,402.451 I Difference between 2.50 and 2.25 54,822.491 2.50 City of Rolling Hills - General Fund Historical Revenue & Expenditure Trends - FY 2016/17 Budget Amounts $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- $1,644,162$1767;537 $1,176,930 $2,011,297 $3,221,894 -. $3,321,129 $3,110,05853,340 160,286 581,592 $1,502,5361,620,797 $1,497,431 $1,578,562 $1,311,317$1,396,196 $1,437,199 $3,831, $4 372 689$4,293,058 —41--Fund Balance —0—Revenues —L-Expenditures $1,972,182$2,023,119 4,010,703 $1,864 911,931,600 $1,871,855 $1,502,107$1,4s1,983$1,502,876$1,611,602 1,502,107$1,481,983$1,502,876$1,611,602 -I- 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 Fiscal years 2005/06 to 2014/15 are actual amounts, FY 2015/16 projected amounts, FY 2016/17 proposed budget amounts