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City Council Agenda 08-28-2017 (2)• MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 28, 2017 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmembers Absent: Others Present: Dieringer, Mirsch, Pieper, Wilson and Mayor Black. None. Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Julia Stewart, Assistant Planner. Yvette Hall, Interim City Clerk. Marcia Gold, 9 Flying Mane Road Kathy Nichols, 14 Crest Road West Jim Aichele, 14 Crest Road West 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 August 14, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Republic Services Recycling Tonnage Report for July 2017 RECOMMENDATION: Approve as presented. Interim City Clerk Hall informed the City Council that Councilmember Dieringer requested two corrections to the minutes of August 14, 2017 as follows: Page 8, Item 2 of the Update on the Palos Verdes Peninsula Regional Law Enforcement Committee Meeting held on August 10, 2017 (Oral) - Add "However, Captain Beringer stated he would forward a copy of the report now." and delete the word "reporting" and replace with "investigating." Following brief discussion, Councilmember Pieper moved that the City Council approve the items on the consent calendar as presented with two corrections to the minutes. Mayor Pro Tem Wilson seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2017-12. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW RESIDENCE WITH GARAGE, AND ACCESSORY AMENITIES; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE THAN PREVIOUSLY APPROVED FOR THE LOT, FOR HIGHER THAN 5' PRIVACY WALL AND • • TO LOCATE PORTION OF THE POOL AND COVERED PATIO IN THE FRONT YARD OF THE PROPERTY IN ZONING CASE NO. 922 AT 0 POPPY TRAIL, (LOT 90-BA-RH), (SERPA). A MITIGATED NEGATIVE DECLARATION (MND) FOR THE PREVIOUSLY APPROVED PROJECT WAS ADOPTED ON OCTOBER 5, 2010 AND AMENDED ON FEBRUARY 11, 2011. AN ADDENDUM TO THE MND REFLECTING THE CURENTLY PROPOSED MODIFICATION TO DISTURBANCE OF THE LOT HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS. Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that the project was for redevelopment on a property that resulted as a subdivision following the landslide of 2005. She provided a brief overview of the project. Planning Director Schwartz stated that there was a landslide in the area of Poppy Trail off of Portuguese Bend Road in 2005 that was remediated between 2010 and 2012 and included many environmental issues that were studied. She indicated several variances were granted as a result of several lot line adjustments and zoning changes and as a result, two lots were created which are now 0 Poppy Trail and 1 Poppy Trail. She stated the property was remediated by the Joint Powers Insurance Authority who acquired the lot. Planning Director Schwartz reviewed the past property approvals and environmental review for lot disturbance. She stated that staff prepared an amended Mitigated Negative Declaration due to a reporting percentage error and provided the amended Mitigated Negative Declaration to the City Council and the public. In response to Mayor Pro Tem Wilson's questions, Planning Director Schwartz stated that the amended Mitigated Negative Declaration addresses both lots; she explained that the front yard setback was between the road and the house and that anything in front of the leading edge of the house is considered the front yard and, therefore, no construction could be done in that area without a variance; she explained the portion of the lot that includes access to the Hesses's Gap riding ring was an ecologically sensitive area; and Planning Director Schwartz stated that the word "his" on page two of the staff report would be corrected. In response to Councilmember Mirsch's question, Planning Director Schwartz confirmed that the proposed grading was only for the subject building pad as approved in the remediation plan and because there was no drainage infrastructure on the vacant portion of the lot. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2017-12 granting approval of the applicant's request in Zoning Case No. 922 at 0 Poppy Trail. Mayor Pro Tem Wilson seconded the motion, which carried without objection. RESOLUTION NO. 2017-13. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF FOUR RESIDENTIAL ADDITIONS TOTALING 917 SQUARE FEET, A 200 SQUARE FOOT TRELLIS, TWO TERRACES, AND ANY RELATED IMPROVEMENTS IN ZONING CASE NO. 924 AT 7 PORTUGUESE BEND ROAD, LOT 41- RH, (MARTIN). CEQA CATEGORICALLY EXEMPT UNDER CLASS 1, SECTION 15301 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 Pro Tem Wilson recused himself from consideration of this case due to a business relationship he has with the applicant. Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented the staff report and indicated that the applicant is requesting a Site Plan Review for residential additions and remodeling of the existing residence and garage, increasing the square footage of the living area by 917 square feet. She indicated that also proposed are front and back terraces. Assistant Planner Stewart stated that the property was designated for restricted development and that the applicant has requested that the restricted development designation on the property be removed. In response to Councilmember Dieringer's questions, Assistant Planner Stewart stated that Resolution No. 2017-13 would be modified by replacing all references to the "Planning Commission" with the "City Council" as the governing body in Section 6.B. of the Resolution, and clarified that there is no standardized criteria for a restricted development designation. Councilmember Mirsch moved that the City Council receive and file Planning Commission Resolution No. 2017-13 granting approval of the applicant's request in Zoning Case No. 924 at 7 Portuguese Bend Road with a modification to Resolution No. 2017-13 by replacing all references to the "Planning Minutes City Council Meeting 08-28-17 -2- • • Commission" with the "City Council" as the governing body in Section 6.B. Councilmember Dieringer seconded the motion, which carried without objection. Mayor Pro Tem Wilson returned to the dais. Councilmember Pieper remained outside of the City Council Chamber due to his recusal for the next agenda matter, Item 5-C. RESOLUTION NO. 2017-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITION USE PERMIT FOR CONSTRUCTION OF A 779 SQUARE FOOT STABLE, AND 3,290 SQUARE FOOT CORRAL IN ZONING CASE NO. 926 AT 6 MEADOWLARK LANE, LOT 20-RH, (DUNLAP). CEQA CATEGORICALLY EXEMPT UNDER CLASS 3, SECTION 15303. 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 Pro Tem Wilson returned to the dais. Mayor Black introduced the item and asked for staffs comments. Assistant Planner Stewart presented a summary of the staff report and indicated that the applicant was proposing to construct a new stable and corral. In response to Councilmember Dieringer's questions, Assistant Planner Stewart clarified that the stable access must be permeable directly adjacent to the stable to allow space between the paved roughened existing access and the portion of the corral that the horses walk through before they enter the stable, and that there was no second driveway. Mayor Pro Tem Wilson moved that the City Council receive and file Planning Commission Resolution No. 2017-14 granting approval of the applicant's request in Zoning Case No. 926 at 6 Meadowlark Lane with a modification to Resolution No. 2017-14 by replacing all references to the "Planning Commission" with the "City Council" as the governing body in Section 5.B. Councilmember Mirsch seconded the motion, which carried without objection. Councilmember Pieper returned to the dais. PUBLIC HEARINGS NONE. OLD BUSINESS NONE. NEW BUSINESS WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE. NO. 353 — AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. Mayor Black introduced the item and stated that he requested that the City Attorney and City Manager revise the proposed ordinance to exclude feral cats. City Manager Cruz stated that the revised ordinance from the City Attorney was provided to the City Council and the public. City Manager Cruz also indicated that Councilmember Dieringer drafted a revised version of the proposed ordinance that was provided to the City Council and the public. City Attorney Jenkins reviewed the revised versions of the ordinances. He indicated that the City Attorney's version identitifed those animals that are prohibited from feeding by creating a classification and exlcuded cats from the prohibition. Discussion ensued among the City Council and City Attorney regarding the revised versions of the ordinances, including Councilmember Dieringer's version. By consensus, the City Council indicated that the City Attorney's revised version of the ordinance would be considered. Mayor Black called for public comment. Minutes City Council Meeting 08-28-17 -3- • Marcia Gold, 9 Flying Mane Road, commented on the definitions of feral versus nondomesticated animals. She indicated she was not in support of feeding peafowl. Kathy Nichols, 14 Crest Road West, commented that she has concerns with the way birds are described in the proposed ordinance. She stated she does not mind crows and has been feeding birds for 29 years. Ms. Nichols stated she has had rare birds on her property studied by major universities and organizations. She expressed concern that other animals, such as horses and dogs, are more of a public safety hazard than birds. Jim Aichele, 14 Crest Road West, expressed concern over the feeding of birds on the ground and that this should not be prohibited. Mr. Aichele stated that he is not for or against prohibiting peafowl and that horses should be considered in order to eliminate rodents from the City. Following discussion, Councilmember Mirsch moved that the City Council introduce Ordinance No. 353, as amended in the City Attorney's version, for first reading, waive full reading and schedule the second reading and adoption for the next regular meeting of the City Council. Councilmember Pieper seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Taken out of order — see below. Mayor Black requested that Item 10-A be taken out of order and discussed at this juncture. Hearing no objection, Mayor Black so ordered. MATTERS FROM STAFF DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS PARTICIPATING IN A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM TO PROVIDE RESIDENTS FUTURE ENERGY OPTIONS. Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented a brief summary of the staff report and introduced Matt Skolnik from the Los Angeles Community Choice Energy (LACCE) program. Mr. Skolnik presented a summary of the LACCE program and explained the definition of a Community Choice Aggregation (CCA), which is a hybrid approach to utility operations and has the ability to lower energy rates for residents. He discussed the history, timeline, benefits of the program, costs to join a CCA program, various renewable tier levels, and the number of representatives that each city is allowed to appoint to the Board of Directors and joining the Joint Power Authority (JPA). Discussion ensued among the City Council and Mr. Skolnik regarding the $10 million loan approved by the Los Angeles County Board of Supervisors, options for residents to opt out, voting rights of the Board of Directors, exit fees, energy rates, the qualifications of the Interim Executive Director of the JPA, timeframe to join the JPA, Power Charge Indifference Adjustment being evaluated by California Public Utilities Commission (CPUC), duplication of efforts by the utility companies, and management by the County of Los Angeles. Following discussion, the City Council directed staff to provide additional information on the CCA Program, including liabilities, energy rates from Marin County and the City of Culver City's business plan analysis. No action was taken. Councilmember Dieringer provided the City Council with a copy of the press release from the CPUC on the topic of "CPUC to Consider Equitability of Charges Community Choice Customers Pay." - QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING JUNE 30, 2017. Mayor Black introduced the item and asked for staff's comments. Finance Director Shea provided a summary of the staff report. Finance Director Shea compared the third quarter of investments for FY 2016/17 to the fourth quarter of investments for FY 2016/17, discussed the CALPERS earnings and the purchase of a new CD which received 1.75 percent interest rate. Minutes City Council Meeting 08-28-17 -4- • Councilmember Mirsch moved that the City Council receive and file the investment report as presented. Councilmember Dieringer seconded the motion, which carried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Mirsch asked that staff agendize the process for taking Planning Commission cases under advisement and then withdrew her request. Mayor Black asked that staff agendize the process for taking Planning Commission cases under advisement (oral) at a future City Council meeting. City Manager Cruz indicated that the matter would be agendized at a future City Council meeting. Mayor Black asked that staff agendize a discussion on theuse of construction fencing (oral) at a future City Council meeting. City Manager Cruz stated that the matter would be agendized at a future City Council meeting. CLOSED SESSION NONE. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:09 p.m. in memory of long time resident Dorothy Lacy. The next regular meeting of the City Council is scheduled to be held on Monday, September 11, 2017 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Yv e Hall Interim City Clerk Approved, James Blac Mayor Minutes City Council Meeting 08-28-17 -5- E[ ED California Public Utilities Commission AUG 2 8 2317 505 Van Ness Ave., San Francisco City of Rollin . Hills By — S3} C •G oM+lot To4r i Fb cA. Di Citiiii,tift FOR IMMEDIATE RELEASE PRESS RELEASE Media Contact: Terrie Prosper, 415.703.1366, news{u,cpuc.ca.gov CPUC TO CONSIDER EQUITABILITY OF CHARGES COMMUNITY CHOICE CUSTOMERS PAY SAN FRANCISCO, June 29, 2017 - The California Public Utilities Commission (CPUC) today said it will consider alternatives to the amount that Community Choice Aggregation and Direct Access customers pay in order to keep remaining utility customers financially unaffected by their departure, which is required by legislation. The Power Charge Indifference Adjustment (PCIA) ensures that the customers who remain with the utility do not end up taking on the long-term financial obligations the utility incurred on behalf of now -departed customers. Examples of such financial obligations include utility expenditures to build power plants and, more commonly, long-term power purchase contracts with independent power producers. The proceeding the CPUC opened today will evaluate the PCIA, in part because: • -Investor-owned utilities and Community Choice Aggregators both have stated that the current cost allocation is inequitable. Each has proposed different methods to improve equity. • The rise in California customers served by Community Choice Aggregators makes the cost allocation more important to customer bills. • The CPUC held a Community Choice Aggregation Eii Banc and a PCIA Working Group where stakeholders identified cost allocation issues as the most urgent topic in electric retail choice in California. o The investor -owned utilities have jointly applied for an alternative cost allocation opposed by Community Choice Aggregators, called the Portfolio Allocation Mechanism. The proceeding opened today dismisses the Portfolio Allocation Mechanism application, but will 1 -fit ; . s • Ccfl c}rn;c€ PeZ:- . consider that mechanism or other alternatives to the PCIA. "The growth of Community Choice•Aggregation requires the CPUC to closely analyze cost sharing between customers who stay with'a Utility and customers who leave for a Community Choice Aggregator," said Commissioner Carla J. Peterman. "This proceeding will holistically examine cost sharing issues by taking into account the concerns raised by a wide range of organizations interested in this topic." Issues in the proceeding will include ensuring that remaining investor -owned utility customers are neither worse off nor better off as a result of customers departing for alternative providers; improving transparency in the existing PCIA process; revising the current PCIA to increase stability and certainty for all customers; reviewing specific inputs and calculations for the current PCIA methodology; considering alternatives to the PCIA; ensuring that any cost allocation mechanism is consistent with California energy policy goals and mandates; and a review of certain customer exemptions from PCIA. Interested parties will have opportunities to participate in the process before any rules are adopted or changed. Once the proceeding number is assigned, interested parties can subscribe to proceeding documents at http://subscribecpuc.cpue.ca.gov. The proposal voted on is available at http:I/docs.cpuc.ca.gov/PublishedDocslPublishedlG000/M191 /K 067/191067362.PDF. For more information on the CPUC, please visit www.cpuc.caJzov. ### 2 _ -t �„ California Public Utilities Commission Additional Information Agenda Item No. 5-A Mtg. Date: 08-28-17 Rd/4ff qeeli INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX {310) 377-7288 0 POPPY TRAIL PROJECT AND PROPERTY LOCATED AT 1 POPPY TRAIL City of Rolling Hills, California SECOND ADDENDUM TO MITIGATED NEGATIVE DECLARATION, AUGUST 15, 2017 Project Description: This document is a Second Addendum to the Mitigated Negative Declaration (the "MND") for the remediation of a 2005 landslide which originated from 1 Poppy Trail Road. The displacement of dirt caused by the landslide affected two adjacent lots. During . the remediation process, and following several lot line adjustments between the affected parcels, two lots were eventually created: 0 Poppy Trail Road and 1 Poppy Trail Road. Following the landslide, the City of Rolling Hills and the Rolling Hills Community Association undertook various improvements and, between April and October of 2010, detailed project plans were developed for remediation of the failed slope. (Hereinafter referred to as the "Landslide Remediation Project."). The purpose of the remediation was to remediate the failed slope and to allow for future development of the site with single family homes. With relation to the Landslide Remediation Project, the City Council adopted a resolution in 2010 approving a variance to disturb 65% of the net lot area of what is now 0 Poppy Trail Road and 55% disturbance of the net lot area of what is now 1 Poppy Trail. Pursuant to an updated survey of 0 Poppy Trail Road, the existing disturbance is actually 78.95%. There is no additional disturbance planned for the proposed project at 0 Poppy Trail Road; any slight grading that will be conducted in connection with the proposed project at 0 Poppy Trail Road consists of smoothing and evening out the existing building pad. An updated survey was not conducted for the lot known as 1 Poppy Trail, as there is no development application pending; however, staff believes that the disturbance of the lot located at 1 Poppy Trail also exceeds the percentage that was reported relative to the Landslide Remediation Project. A rough estimate of the disturbance of the second lot (according to staff) is also about 78% of the new lot area. The overall purpose of this Second Addendum is to modify the minor technical discrepancy between the approved disturbance percentage (65%) and the actual -1- disturbance percentage (78.95%) for 0 Poppy Trail and the approved disturbance (55%) and the estimated disturbance percentage of 1 Poppy Trail. There is a pending development application for 0 Poppy Trail Road; the lots for both 0 and 1 Poppy Trail Road have been remediated to allow for the development of one single family residence on each lot. There will be no environmental impact from the grading or development of a single family home, therefore it will not cause new significant impacts not identified in the previously certified MND or result in a substantial increase in the severity of previously identified significant impacts related to the Landslide Remediation Project. -2- TABLE OF CONTENTS I. INTRODUCTION 4 A. LANDSLIDE REMEDIATION PROJECT 4 B. PROJECT MODIFICATION REGARDING 0 POPPY TRAIL 5 C. PROPOSED MODIFICATION REGARDING 1 POPPY TRAIL 6 D. ADDENDUM PURPOSE & NEED 6 II. DESCRIPTION OF PROJECT MODIFICATION & NECESSARY ACTIONS 8 III. ENVIRONMENTAL ASSESSMENT 9 A. GEOLOGY & SOILS 10 B. AIR QUALITY 11. C. BIOLOGICAL RESOURCES 11 D. CULTURAL RESOURCES 11 E. HAZARDS & HAZARDOUS MATERIALS 12 F. HYDROLOGY & WATER QUALITY 12 G. NOISE & VIBRATION 12 H. RECREATION 13 I. TRANSPORTATION & TRAFFIC 13 J. UTILITIES & SERVICE SYSTEMS 13 IV. CONCLUSION 14 -3- I. INTRODUCTION A. LANDSLIDE REMEDIATION PROJECT On March 5, 2005, a landslide originating from the property located at 1 Poppy Trail Road caused a large amount of dirt to be displaced. Following the landslide, the City of Rolling Hills and the Rolling Hills Community Association undertook various improvements and, between April and October of 2010, detailed project plans were developed for remediation of the failed slope. In the summer of 2010, a preliminary geotechnical finding and analysis was prepared (relative to the slope failure and repair), as well as a review of the grading plan and tentative parcel map. These reports were prepared by GMU Geotechnical, Inc. and were reviewed and approved by Willdan Engineering, the City's contracted Building and Safety/Public Works Engineers. By the fall of 2010, the California Joint Powers Insurance Authority ("JPIA") had requested discretionary approval from the City in order to (1) subdivide the land in question into two single-family residential lots fronting Poppy Trail Road; (2) allow for a lot line adjustment; (3) allow for a grading plan; (4) allow for a zone change; (5) allow for a site plan review; and (5) seek variances to repair the slope failure. (Hereinafter collectively referred to as the "Landslide Remediation Project.") Specifically, with relation to the variances, the JPIA sought a variance from the City's requirement that a maximum of 40% of any lot be disturbed;1 in order to remediate the landslide and to create residential building pads and access thereto, the JPIA proposed to disturb no more than 65% of the net lot area of 0 Poppy Trail Road and 55% of the net lot area for 1 Poppy Trail Road. Additionally, the JPIA sought variances in order to construct retaining walls, grade steeper slopes, provide a set -aside for a future stable and corral in the front yard of 0 Poppy Trail Road, and export 5,000 cubic yards of dirt. In connection with the Landslide Remediation Project, the JPIA prepared an Initial Study and determined that, with the implementation of mitigation measures, no negative effect on the environment would result. Therefore, an MND was prepared; on October 4, 2010, the City Council approved the MND. (Hereinafter referred to as the "2010 MND.") In December of 2010, prequalified contractors were invited to submit bids related to the Landslide Remediation Project. During this time, the JPIA determined that it would be possible to reduce or eliminate some of the retaining walls through selected modifications of the grading plan and proposed its modifications related thereto to the City. These project modifications comprised four main elements: (1) a reduction in the number and height of the walls for the project by increasing the slope steepness; (2) additional dirt to be exported from the site; (3) reduction in grading quantities for remediation of the slopes; and (4) changes in the landscape plan consistent with the 1 See Section 17.16.070(B) of the Rolling Hills Municipal Code which limits the amount of disturbance on a lot to forty percent of the net lot area. -4- proposed slope modifications. The City determined that the modifications proposed by the JPIA to the Landslide Remediation Project would require Planning Commission approval, an amendment to the resolution of approval related to the site plan review, and an addendum to the 2010 MND. Following geotechnical review of the revised grading plan for 0 and 1 Poppy Trail Road, the first addendum to the 2010 MND was processed and approved by the City Council on February 28, 2011. (Hereinafter referred to as the "First Addendum.") Collectively, the 2010 MND and First Addendum may be referred to as MND. On July 19, 2011, a revised corrective grading and geogrid configuration was considered relative to the Landscape Remediation Project. Similarly, on October 5, 2012, a report of geotechnical observation and testing of the Landslide Remediation Project was prepared. These reports were again prepared by GMU Geotechnical and were reviewed and approved by Willdan Engineering. Furthermore, with relation to the Landslide Remediation Project, the Los Angeles County Building Department conducted intense geotechnical evaluations with respect to the soil, hydrology, geology, compaction, and excavation of the site. Pursuant to these studies, it was concluded that the methods proposed by the Landslide Remediation Project would result in safe and stable parcels suitable for development. B. PROJECT MODIFICATION REGARDING 0 POPPY TRAIL The proposed project at 0 Poppy Trail Road consists of a new 4,859 square foot residence with 1,000 square feet of covered porches, a 1,232 square foot garage, a 96 square foot service yard, a 560 square foot pool and spa, a 220 square foot detached solid -roof covered patio and outdoor kitchen, a 64 square foot enclosed space for pool equipment, a 54 square foot gatehouse leading to an outdoor courtyard with a 100 square foot fountain, and overall grading of 2,726 cubic yards. (Hereinafter referred to as the "0 Poppy Trail Project.") An updated survey conducted by the 0 Poppy Trail Project engineer concluded that the existing disturbance of the lot is 78.95%; not 65%, as was previously calculated with relation to the Landslide Remediation Project. There is no additional disturbance planned for the 0 Poppy Trail Project. The slight grading, which consists of smoothing and evening out the building pad, will take place on the existing building pad. Two recent reports prepared relative to the 0 Poppy Trail Project indicated that the building pad created by the remediation is safe for construction and the percolation testing for the proposed septic tank indicate that the geologic conditions on the site are adequate for construction of the proposed septic system. As this building pad was previously graded and disturbed with relation to the Landslide Remediation Project, the 0 Poppy Trail Project does not introduce potentially significant environmental impacts that were not addressed in the 2010 MND. C. PROPOSED MODIFICATION REGARDING 1 POPPY TRAIL 1 Poppy Trail is currently vacant and the City has not received a development application at this time. An updated review conducted by City staff indicates that the existing disturbance of this lot is closer to 78%; not 55%, as was previously calculated -5- with relation to the Landslide Remediation Project. An updated survey, as well as geotechnical and percolation reports, will be required before any development could be approved on 1 Poppy Trail. With that said, however, the Landslide Remediation Project included creating a building pad on 1 Poppy Trail; therefore, no additional disturbance will be necessary. For these reasons (explained in further detail below) future development of 1 Poppy Trail Road will not introduce potentially significantly environmental impacts that were not addressed in the MND. D. ADDENDUM PURPOSE & NEED In order to account for the discrepancy between the disturbance calculations in the Landslide Remediation Project and the 0 Poppy Trail Project, the applications for both Projects were thoroughly compared. In doing so, City staff noted that the Landslide Remediation Project calculations for the property located at 0 Poppy Trail Road failed to take into consideration a disturbed area which existed prior to the 2005 landslide. Additionally, these calculations failed to account for the disturbance of the area necessary for future construction of a stable and corral. When considered together, the existing disturbance area prior to the 2005 landslide and the set aside area for the future construction of a stable and corral account for approximately 4.6% of the lot. Therefore, the disturbance for 0 Poppy Trail which should have been reported with relation to the Landslide Remediation Project is 69.6%. Lastly, in comparing the actual plans which delineate the lot disturbances for both Projects, the disturbances for the Landslide Remediation Project and the 0 Poppy Trail Project are nearly identical (with the exception of the 4.6% described above). In order to account for the discrepancy between the disturbance calculations in the Landslide Remediation Project and the 1 Poppy Trail Road parcel, the "as graded plans" prepared at the final stages of the Landslide Remediation Project and the originally submitted plans for the remediation were thoroughly compared. In doing so, City staff noted that the Landslide Remediation Project calculations for the property located at 1 Poppy Trail Road failed to take into consideration a disturbed area, which existed prior to the 2005 landslide. Additionally, these calculations failed to account for the disturbance of the area necessary for future construction of a stable and corral. When considered together, the existing disturbance area prior to the 2005 landslide and the set aside area for the future construction of a stable and corral account for approximately 5% of the lot. Therefore, the disturbance for 1 Poppy Trail which should have been reported with relation to the Landslide Remediation Project is 60%. The purpose of this addendum is to reconcile the new information (i.e. the variation in disturbance area) and demonstrate that the deviation does not change the conclusions in the MND such that the MND can be used by decision makers in making the discretionary decision as to whether or not to approve the project. Typically, single family homes are exempt from CEQA review under 15303 (new construction of small structures). Due to the existence of the landslide on the site, the City is relying on the MND prepared for the Landslide Remediation Project (which acknowledged this future -6- development on the site) to confirm that there will be no significant environmental impacts from the project. The information presented above indicates that the proposed modifications to the Landslide Remediation Project relative to the disturbance percentage constitutes a minor technical change pursuant to Section 15164 (b) of the CEQA Guidelines and does notrepresent a substantive change to the Project or the circumstances in which the Landslide Remediation Project (or any future site development) will be undertaken, nor would the changes introduce potentially significant environmental impacts that were not previously addressed in the adopted MND. The California Environmental Quality Act ("CEQA") and CEQA Guidelines establish the type of environmental documentation that is required when changes to a project occur after a project has been approved. Section 15164 (b) of the CEQA Guidelines states that: "An addendum to an adopted negative declaration may be prepared only if minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred." Section 15162 of the CEQA Guidelines states that preparation of a subsequent EIR or negative declaration is required when there are substantial changes proposed to a project, or substantial changes occur with respect to circumstances, or new information becomes available which could lead to new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, California Public Resources Code ("PRC") Section 21166 states that unless one or more of the following events occur, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency: • Substantial changes are proposed in the project which will require major revisions of the environmental impact report; Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report; or New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. This Second Addendum analyzes the 78.95% disturbance for the 0 Poppy Trail Project and a disturbance in excess of 55% on 1 Poppy Trail, and potential environmental impacts associated therewith in light of the environmental impacts identified for the Landslide Remediation Project. As discussed in the sections that follow, for all environmental issues; the Second Addendum demonstrates that the disturbance on both lots would not result in new significant impacts not identified in the Landslide Remediation Project's previously certified MND or substantially increase the severity of previously identified impacts such that a supplemental or subsequent environmental -7- impact report is required. As presented below, none of the conditions described in State CEQA Guidelines section 15162 calling for the preparation of a subsequent environmental document has occurred. As a result, and addendum is the appropriate CEQA document for analysis and consideration of the proposed project modification. II. DESCRIPTION OF PROJECT MODIFICATION & NECESSARY ACTIONS This Second Addendum, along with the First Addendum and the 2010 MND, are intended to cover all discretionary approvals that may be required to construct or implement the Landslide Remediation Project and development of single family homes on the site. The following discretionary actions are addressed by this Second Addendum, and are added to those discretionary approvals listed in the Landslide Remediation Project's 2010 MND (as amended on February 28, 2011). The 0 Poppy Trail Project includes the construction of a single family residence, including amenities and structures appurtenant thereto; as such, the Project is categorically exempt from CEQA under Class 3, Section 15303 ("New Construction"). However, while the updated survey related to the 0 Poppy Trail Project calculates a necessary disturbance of 78.95% - for which the project applicant is seeking a variance - the restrictions imposed by the Landslide Remediation Project preclude any disturbance on the 0 Poppy Trail property in excess of 65%. Therefore, in order for the City to properly process and consider the appropriateness of the variance requested by the 0 Poppy Trail Project applicant, the disturbance percentage must be accurate. With that said, the calculations made with relation to the Landslide Remediation Project do not include the existing disturbance, area prior to the 2005 landslide, the set aside area for the future construction of a stable and corral, and the changes in the soil from 2011 to the present reflected in the current condition of the property. The allowable uses for 1 Poppy Trail include the construction of a single family residence, as well as any amenities and structures appurtenant thereto; development of this kind would also be categorically exempt from CEQA under Class 3, Section 15303 ("New Construction"). However, Staff's review of the Landslide Remediation Project has indicated that residential development on 1 Poppy Trail would require a disturbance in excess of 55% - which is prohibited by the development conditions imposed relative to this lot. In anticipation of any future development project at 1 Poppy Trail Road, the disturbance percentage must be accurate. With that said, the calculations made with relation to the Landslide Remediation Project do not include the existing disturbance area prior to the 2005 landslide, the set aside area for the future construction of a stable and corral, and the changes in the soil from 2011 to the present reflected in the current condition of the property. This Second Addendum is required to correct a minor technical discrepancy between the approved disturbance percentages (65% and 55%) and the actual disturbance percentages (78.95% and 78%) for 0 Poppy Trail and 1 Poppy Trail, respectively. As indicated by the geotechnical studies of the landslide remediation project and as shown on the geological, grading and drainage plans for the landslide remediation project, the -8- limit of remediation (thus disturbance), plus the disturbance of the areas of the lots prior to the remediation calculate to the 78.95% and 78% of the net lot area for each lot and not to the previously reported 65% and 55% disturbance. Reviewing these documents, one can state with certainty that the area of disturbance as currently calculated for each lot have been addressed in the MND and the remediation methodology proposed and implemented by the Landslide Remediation Project included all these areas. Therefore, a modification to address the minor technical discrepancy between the approved disturbance percentage (55%) and the actual disturbance percentage (approximately 78%) will not cause new significant impacts not identified in the 2010 MND or result in a substantial increase in the severity of previously identified significant impacts related to the Landslide Remediation Project such that a supplemental or subsequent environmental impact report is required. III. ENVIRONMENTAL ASSESSMENT The potential environmental impacts associated with the discrepancy between the actual disturbance percentages relative to the approved disturbance percentages for 0 Poppy Trail and 1 Poppy Trail identified within the 2010 MND for the Landslide Remediation Project are discussed below for each environmental issue area analyzed in the 2010 MND. The comparative analysis (1) discusses whether impacts are increased, decreased, or unchanged from the conclusions discussed in the 2010 MND; and (2) addresses whether any changes to mitigation measures are required. The 2010 MND and this Second Addendum found less than significant impacts to occur to the following environmental issue areas included in the State CEQA Guidelines Appendix G Environmental Checklist: Aesthetics, Agricultural Resources, Archeological Resources, Land Use/Planning, Mineral Resources, Population/Housing, Public Services, Mandatory Significance Findings, and Greenhouse Gas Emissions; therefore they are not discussed in this Second Addendum. This second Addendum is required to correct a minor technical discrepancy between the approved disturbance percentages (65% and 55%) and the actual disturbance percentages (78.95% and 78%) for 0 Poppy Trail and 1 Poppy Trail, respectively. The environmental issue area that the proposed disturbance percentage change may affect the most is Geology and Soils - which is addressed first, followed by the remaining issues. A. GEOLOGY & SOILS Based on the exploration, testing, and analysis conducted with relation to the Landslide Remediation Project, it was determined that the failed portions of the slope could be repaired such that the lots could be redeveloped for residential use without adverse impacts to adjacent properties. Therefore, with relation to the 2010 MND, no mitigation measures were provided beyond the recommendations provided by the consultants and engineers for the Project. These recommendations included excavation of a keyway within the bedrock and removal of all failed material on the slope; removal of existing fill and colluvial soils where the slope was to be re -graded; placement of geogrids for reinforcement and stability; construction of seepage pits; construction of MSE walls, and retaining walls. -9- A change in the disturbance percentages would have no bearing on the remediated landslide area for which an MND and First Addendum were prepared and approved by the City. The 0 Poppy Trail Project consists of the construction of a single family residence and accessory structures which do not alter or change the previously approved scope of the Landslide Remediation Project (including the retaining walls, slopes, bridle trails, streets or building pads which were repaired or constructed in connection therewith). In reviewing the 0 Poppy Trail Project, a discrepancy was noted with regard to the calculation of the disturbance percentage on the lot. As explained in further detail above, a variance was granted to the JPIA for the purpose of landslide remediation to disturb 65% (this percentage was more than the 40% maximum allowed by Section 17.16.070(B) of the Rolling Hills Municipal Code). Notwithstanding the reported disturbance, prior remediation of the site involved extensive geotechnical and geological evaluation and scrutiny. These studies included (1) a June 16, 2012 preliminary geotechnical finding and analysis (related to the slope failure and repair); (2) an August 6, 2010 report of geotechnical studies and review of the grading plan and parcel map; (3) a February 21, 2011 geotechnical review of revisions to the grading plan and parcel map; (4) a July 19, 2011 revised corrective grading and geogrid configuration; and (5) an October 5, 2012 report of geotechnical observation and testing of landslide repair grading. These studies indicate that the landslide remediation resulted in a safe and buildable lot. With the new proposal for development on the remediated parcel and on the existing building pad, the project engineer for the 0 Poppy Trail Project calculated that the disturbed area of the lot is actually closer to 79%; this calculation includes the disturbance for a future stable and corral. There is no additional disturbance planned for either the 0 Poppy Trail Project or the 1 Poppy Trail parcel; any grading for residential development on either parcel will be slight and will consist of smoothing and evening out the existing building pads. The Landslide Remediation Project calculations for the property located at 0 and 1 Poppy Trail Road failed to take into consideration a disturbed area which existed prior to the 2005 and the set aside area for the future construction of a stable and corral on each lot. Thus this is an exercise to verify the conclusions are correct and there is no physical change to the environment that will result (other than building the home on the pad- which is generally exempt from CEQA). Overall, changing the approved disturbance percentage to the actual disturbance percentage does not represent a substantive change to the Landslide Remediation Project or the circumstances in which the Project will be undertaken, nor would the changes introduce significant impacts or substantially worsen previously identified impacts with regard to geology and soils. Therefore, there would be no geological impacts and no new mitigation measures would be necessary. B. AIR QUALITY -10- The project modification would not result in changes to construction equipment, durations or use, vehicle trips, or the types of construction activities described in the 2010 MND. This is because the project modification will not increase the number of days that construction occurs or increase the intensity of construction analyzed in the MND. There is no additional disturbance planned for the 0 Poppy Trail Project. The slight grading, which consists of smoothing and evening out the building pad, will take place on the existing building pad. Because the building pad was created for future construction on the 1 Poppy Trail lot, no addition disturbance is anticipated for that lot as well, should it be developed in the future. The underlying construction of a single family home is typically exempt and does not create air quality impacts. The underlying grading and remediation has already been done. Therefore, there would be no changes in emissions described in the 2010 MND and no new mitigation measures would be necessary. C. BIOLOGICAL RESOURCES The project modification would not increase impacts to habitat or species as it would not result in increased structural area, fill or construction activities. The slight grading, which consists of smoothing and evening out the building pad, will take place on the existing building pad. Furthermore, the project modification does not propose any development in the Sensitive Environmental Area previously designated by the Landslide Remediation Project. The underlying construction of a single family home is typically exempt and does not create impacts to biological resources. The underlying grading and remediation has already been done. Therefore, there would be no biological impacts and no new mitigation measures would be necessary. D. CULTURAL RESOURCES The project modification would not cause a substantial change in the significance of an archaeological resource; destroy a paleontological resource or unique geological feature; or disturb any human remains. The extensive soil excavation and remediation activities undertaken with regard to the Landslide Remediation Project did not result in the discovery of significant unique archaeological resources and have already taken place. The development proposed for the 0 Poppy Trail Project, and any future development of 1 Poppy Trail, will take place solely upon the previously created building pads. The underlying construction of a single family home is typically exempt and does not create impacts to cultural resources. The underlying grading and remediation has already been done. Therefore, the project modification would not result in new impacts and no new mitigation measures are required. E. HAZARDS & HAZARDOUS MATERIALS The project modification does not change the nature of the hazardous materials that will potentially be released by the 0 Poppy Trail Project or a future development on 1 Poppy Trail. The project modification would not result in a change of hazardous materials used or handled, and would not result in additional sources or quantities of hazardous material. The underlying construction of a single family home is typically exempt and -11- does not create hazards and hazardous materials impacts. The underlying grading and remediation has already been done. Therefore, the project modification would not result in new impacts and no new mitigation measures are required. F. HYDROLOGY & WATER QUALITY • The proposed modification would not result in the increased potential for discharges or any changes to the water quality or hydrology impacts described in the 2010 MND, and no new impacts have been identified. The underlying construction of a single family home is typically exempt and does not create hydrology and water quality impacts. The underlying grading and remediation has already been done. Therefore, no new mitigation measures are required. G. NOISE & VIBRATION The 2010 MND evaluated the primary sources of construction noise (i.e., heavy equipment and truck traffic). The extensive excavation and remediation activities undertaken with regard to the Landslide Remediation Project have since concluded (resulting in two safe and stable parcels suitable for development). The development proposed for the 0 Poppy Trail Project, and any future development of 1 Poppy Trail, will take place solely upon the previously created building pads, so necessary truck trips will be significantly less than those analyzed with relation to the Landslide Remediation Project. Furthermore, any construction noise and vibration generated by residential development on these lots will be considered "normal" and will not be in excess of local standards/ordinances; and will not increase either existing or ambient noise levels. The underlying construction of a single family home is typically exempt and does not create noise and vibration impacts. The underlying grading and remediation has already been done. Therefore, the project modification would not result in new impacts and no new mitigation measures are required. H. RECREATION The proposed modification will not impact the enhancements already made to the two equestrian trails, Poppy Trail Road, the two bridle trails or riding rings. The development proposed for the 0 Poppy Trail Project, and any future development of 1 Poppy Trail, will take place solely upon the previously created building pads. The underlying construction of a single family home is typically exempt and does not create recreation impacts. The underlying grading and remediation has already been done. Therefore, the project modification would not result in new impacts and no new mitigation measures are required. I. TRANSPORTATION & TRAFFIC -12- The project modification would not result in increased traffic. Truck and worker vehicle trips for the overall project were assessed in the 2010 MND and work on either the 0 Poppy Trail Project or any future project at 1 Poppy Trail Road would not increase the total trip calculations. This is because the project modification will not increase the intensity of construction analyzed in the 2010 MND. The underlying construction of a single family home is typically exempt and does not create transportation and traffic impacts. The underlying grading and remediation has already been done. The project modification would not conflict with applicable congestion management programs for designated roads or highways nor result in additional traffic impacts or require new mitigation measures. J. UTILITIES & SERVICE SYSTEMS The project modification would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board, or require construction of new water or wastewater treatment facilities. Most homes in the City of Rolling Hills are on individual septic systems, and the 0 Poppy Trail Project is proposed to be served through an individual septic system. In fact, the percolation testing for the proposed septic tank indicates that the geologic conditions on the site are adequate for construction of the proposed septic system.2 Additionally, should 1 Poppy Trail Road be developed in the future, it too will be served through an individual septic system. Furthermore, the proposed modification will not require construction of new storm water drainage facilities and there are sufficient water supplies and landfills to serve both parcels when developed. IV. CONCLUSION Based on the foregoing, the analyses conducted and the conclusions reached in the previously certified MND remains valid, and no supplemental environmental review is required for the change in disturbance from 65% to 78.95% for 0 Poppy Trail and greater than 55% for 1 Poppy Trail. These modified disturbance percentages would not cause new significant impacts not identified in the previously certified MND or result in a substantial increase in the severity of previously identified significant impacts. No changes have occurred with respect to circumstances under which the Landslide Remediation . Project was undertaken (or the associated residential development) that would cause significant environmental impacts to which the change in disturbance to 78.95% (for 0 Poppy Trail) and greater than 55% (for 1 Poppy Trail) would result in a cumulatively considerable contribution. There is no new information that shows that these changes in disturbance would cause new significant environmental impacts that were not already analyzed in the previously certified version of the MND. Therefore, pursuant to CEQA Guidelines Section 15164, no supplemental environmental review is required beyond this Second Addendum. 2 See May 24, 2017 Report of Percolation Resting for Proposed Septic System, Geotechnical Engineering Services — 0 Poppy Trail, Rolling Hills, California prepared by GMU Geotechnical, Inc.; see also May 11, 2017 Geotechnical Foundation and Structure Design Parameters — 0 Poppy Trail, Rolling Hills, California prepared by GMU Geotechnical, Inc. -13 REVISED Agenda Item No. 4-A Mtg. Date: 08-28-17 DISCUSSION AND POSSIBLE DIRECTION TO REPLACE WHITE THREE -RAIL FENCE IN FRONT OF CITY HALL ALONG PORTUGUESE BEND ROAD. (ORAL) Mayor Black introduced the item. Councilmember Pieper requested that staff obtain a quote on replacing the whole fence the City is responsible for. Mayor Black commented that he felt only a few boards needed replacement. Following a brief discussion, the City Council, by consensus, directed staff to obtain a quote on the cost to replace the white three -rail fence in front of City Hall. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON AUGUST 10, 2017. (ORAL) Councilmember Dieringer stated she attended the. Regional Law Enforcement Meeting held on August 10, 2017 and provided an update on the following items: 1) Palos Verdes Estates has not installed their automatic license plate readers yet; 2) The truck brake failure accident in Rolling Hills Estates was not reported to the CHP due to no injuries. However, Captain Beringer stated he would forward a copy of the report now. A presentation by the CHP will made to the committee to explain the protocol for investigating truck accidents; 3) Statistics will be provided on the Fire Depaitinent's response for medical service; and 4) The committee is working on a report to coordinate a Peninsula -wide effort for emergency operation services. DISCUSSION AND POSSIBLE DIRECTION FOR THE CITY OF ROLLING HILLS TO SUPPORT A MOTION TO HAVE THE LOS ANGELES COUNTY BOARD OF SUPERVISORS ESTABLISH A BLUE RIBBON COMMISSION ON PUBLIC SAFETY TO CONDUCT AN IN-DEPTH ANALYSIS OF SPECIFIC STRATEGIES, CHALLENGES AND OPPORTUNITIES PRESENTED BY AB 109, PROP 47 AND PROP 57. (ORAL) Mayor Black introduced the item. Councilmember Dieringer stated that she will be representing the California League of Cities and, as an individual, to argue in favor of this motion to work on strategies to provide greater public safety. She asked the City Council to formally support the Los Angeles County Board of Supervisors' establishment of a Blue Ribbon Commission on Public Safety. Mayor Black moved that the City Council support a motion to have the Los Angeles County Board of Supervisors establish a Blue Ribbon Commission on Public Safety to Conduct an In -Depth Analysis of Specific Strategies, Challenges and Opportunities presented by AB 109, Prop 47 and Prop 57. Councilmember Mirsch seconded the motion, which passed 4-1 with Councilmember Pieper opposed. Councilmember Pieper inquired about the date of the next greenwaste pickup that was announced in the latest newsletter. MATTERS FROM STAFF DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS PARTICIPATING IN A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM TO PROVIDE RESIDENTS FUTURE ENERGY OPTIONS. Minutes City Council Meeting Additional Information Agenda Item No. 8-A Mtg. Date: 08-28-17 Monday, August 28, 2017 7:49 AM Subject: feeding of feral cats in RH Date: Friday, August 25, 2017 6:23 PM From: Clint Patterson <clint_patterson@yahoo.com> To: Yvette Hall <yhall@cityofrh.net> Cc: Leah Mirsch <leahmirsch@verizon.net>, Jim Black <ksbmdl@cox.net>, Mike & Bea Dieringer <ddabea@msn.com>, "Roger E. Hawkins" <rehawkins@verizon.net>, Ray Cruz <citymanager@cityofrh.net>, Pam Crane <pamcrane@cox.net>, Marcia Gold <marcia@marciagold.com>, Bob Gold <Bob@bobgoldpr.com> Dear Yvette, thank you for sending along the agenda - I will be present to address the issue relating to feeding of feral animals - please relay this email to the Mayor and city council members - thank you for your assistance. Honorable Mayor and Members of the Council, I appreciate the fact that I received the agenda via email from - Yvette otherwise I would not have been aware of the agenda item concerning the feeding of feral animals. I will be present on Monday to address my concerns over a possible ordinance that could make it illegal to feed feral cats. I actively work with animal welfare groups to support Trap and Release Programs. In fact, I have paid to have many feral cats from Rolling Hills spayed and neutered and returned to their original locations. I have also established a fund at Spay/Neuter Project Los Angeles to,cover the spaying and neutering of feral cats in Rolling Hills. The issue isn't feeding of feral animals, it's population control - a matter that City Staff apparently have not fully explored. This matter has never come up before as far as I'm aware and I'm at a loss as to what the origin is. I look forward to sharing my concerns and exploring options concerning sterilization and population control since this is a much more productive area of discussion and one that I may be able to shed some light on since the City seems unaware of resources concerning animal welfare and related issues. Sincerely, Clint Patterson 22 Georgeff Road 310.426.8811 RECEIVED AUG 2 8 2017 City of Rolling Hills • • Additional Information Agenda Item No. 8-A Mtg. Date: 08-28-17 August 28, 2016 RECEIVE City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Ordinance No. 353 Council Members: AUG 2 8 2017 c 5:5 Ofkr? City of Rolling Hills BY ---_._ A scheduling conflict prevents my attendance at tonight's meeting. Respectfully, I urge the Council to not add a new Chapter 6.64 to the Rolling Hills Municipal 'Code prohibiting the feeding of feral birds (excluding bird feeders) and animals. Read, literally, a resident could feed birds from a feeder, but not ground birds that do not eat from feeders. Literally, a resident could not grow a bottlebrush plant, since they attract hummingbirds. Whether fed by residents or not, birds will continue fly and grace our community and, yes, drop their droppings. Don't make compassion towards these ferals a "crime." And, parenthetically, feral animals do not defecate in the street. If follows that their droppings are not washed into storm drains where they might become a marine contaminant. From the reading I've done, 80% of marine pollution — which seems to be the stated concern — comes from land -based activities, notably including plastic bags, pesticides, oil spills, fertilizers, toxic chemicals, balloons, glass bottles, shoes, packaging materials, sewage disposal, etc. And, with now seven billion people living on earth, people, not feral cats, raccoons, skunks, etcetera, are the problem. No positive objective will be advanced if members stop feeding feral animals. And, if doing so on their own property, why should that activity offend anyone? These ferals — particularly felines — become almost like your kids. They wait patiently for their breakfasts or dinners and are a joy to watch. Please, do not enact an "unkind" ordinance. 37 Crest Road W Rolling Hills, CA 90274 Honorable Mayor Jim Black and City Council 2 Portuguese Bend Road Rolling Hills pi_difet RECEIVE AUG 2 8 2017 City of Rolling Hills By e G=S (W fi 04 0/41. Clint Patterson Richard Boos 22 Georgeff Road Rolling Hills Re: Ordinance Under Consideration Concerning the Feeding of Animals and Fowl August 28, 2017 Dear Dr. Black and Council Members, I am sorry that due to unforeseen circumstances I am unable to attend the meeting in person as I had hoped. I appreciate the careful consideration and action concerning peacocks and peahens. However, I am greatly concerned that staff or the council could even begin to extend this issue into a matter that could impact what may be referred to as "community cats." I'm not going to worry about the terminology relating to these animals and I would hope that you would not worry aboutthose of us who attend to animals that are lost, dumped or abandoned in our City. Community cats don't pose a problem or nuisance. If someone is concerned about population control, there are resources available: - I work with a local animal welfare group and am happy to personally assist neighbors with trapping, sterilizing and returning the cats to their place of origin. - Spay Neuter Project I Los Angeles (SNPLA.org) is able to provide low cost sterilization ($25) for any community cats brought in. And by the way, their office on Gaffey provides low cost spaying/neutering for animals from all across the South Bay. Thank you for the time, attention and funds that you have made available to address a real problem. Please don't create one concerning cats where a problem doesn't exist. Clint Patterson & Rick Boos Additional Information Agenda Item No. 8-A Mtg. Date:.08-28-17 44 4-04 h e � V -e-( S/ o''\ re ()ice(?) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING TTELLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of specified feral birds and animals results in an increase in their numbers and a concomitant increase in noise, danger to domesticated pets and the deposit of fecal matter on property detrimental to public health and hygiene. Feeding specified feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of specified feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its -way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of specified feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF SPECIFIED FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Specified Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to peafowl, crows, pigeons, seagulls, coyotes, squirrels, opossums, skunks, raccoons and nondomesticated rodents at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. • • B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal specified above between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of , 2017. Mayor ATTEST: City Clerk 2 40 ID Additional Information Agenda Item No. 8-A Mtg. Date: 08-28-17 44C ORDINANCE NO. Vey510 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS, MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS The City Council of the City of Rolling Hills does ordain as follows: - Section 1. Findings. The feeding of feral birds and animals results in an increase in their numbers and a concomitant increase in the deposit of fecal matter on property detrimental to public health and hygiene. Feeding feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to any feral birds or animals at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. "Feral birds and animals" means all birds and animals that are born in or have reverted to the wild, and are not domesticated or tamed, including but not limited to peafowl, crows, pigeons, seagulls, coyotes, opossums, skunks, raccoons, squirrels and nondomesticated rodents, but not feral cats. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. C. Feeding of a feral bird or animal between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of , 2017. Mayor ATTEST: City Clerk 2 CITY 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 25th day of August, 2017, I serve the within City Council Meeting 08/28/2017 Regular Meeting a copy of which is annexed hereto and made a part hereof, and the person, or persons, named below were emailed or mailed the agenda: E -MAILED MAILED DropBox Interested RH Web site listSery Parties 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 in DropBox. I declare under penalty of perjury, that the foregoing is true and correct. Executed on the 25th day of August, 2017 at Rolling Hills, California. Ewa Nikodem Administrative Assistant AGENDA ai,raiezw, qeyed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 CITY COUNCIL CITY OF ROLLING HILLS REGULAR MEETING MONDAY, AUGUST 28, 2017 7:00 P.M. Next Resolution No. 1216 Next Ordinance No. 353 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 August 14, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Republic Services Recycling Tonnage Report for July 2017. RECOMMENDATION: Receive and file. 5. COMMISSION ITEMS A. RESOLUTION NO. 2017-12. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW RESIDENCE WITH GARAGE, AND ACCESSORY AMENITIES; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE THAN PREVIOUSLY APPROVED FOR THE LOT, FOR HIGHER THAN 5' PRIVACY WALL AND TO LOCATE PORTION OF THE POOL AND COVERED PATIO IN THE FRONT YARD OF THE PROPERTY IN ZONING CASE NO. 922 AT 0 POPPY TRAIL, (LOT 90-BA-RH), (SERPA). Page 1 of 1 A MITIGATED NEGATIVE DECLARATION (MND) FOR THE PREVIOUSLY APPROVED PROJECT WAS ADOPTED ON OCTOBER 5, 2010 AND AMENDED ON FEBRUARY 11, 2011. AN ADDENDUM TO THE MND REFLECTING THE CURENTLY PROPOSED MODIFICATION TO DISTURBANCE OF THE LOT HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS. B. RESOLUTION NO. 2017-13. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF FOUR RESIDENTIAL ADDITIONS TOTALING 917 SQUARE FEET, A 200 SQUARE FOOT TRELLIS, TWO TERRACES, AND ANY RELATED IMPROVEMENTS IN ZONING CASE NO. 924 AT 7 PORTUGUESE BEND ROAD, LOT 41-RH, (MARTIN). CEQA CATEGORICALLY EXEMPT UNDER CLASS 1, SECTION 15301 C. RESOLUTION NO. 2017-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITION USE PERMIT FOR CONSTRUCTION OF A 779 SQUARE FOOT STABLE, AND 3,290 SQUARE FOOT CORRAL IN ZONING CASE NO. 926 AT 6 MEADOWLARK LANE, LOT 20-RH, (DUNLAP). CEQA CATEGORICALLY EXEMPT UNDER CLASS 3, SECTION 15303. 6. PUBLIC HEARINGS NONE. 7. OLD BUSINESS NONE. 8. NEW BUSINESS A. WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 353 — AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS 10. MATTERS FROM STAFF A. DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS PARTICPATING IN A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM TO PROVIDE RESIDENTS FUTURE ENERGY OPTIONS. City Council Agenda 08/28/17 Page 2 of 2 B. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING JUNE 30, 2017. 11. CLOSED SESSION NONE. 12. ADJOURNMENT Next meeting: Monday, September 11, 2017 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 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 08/28/17 Page 3 of 3 DRAFT Agenda Item No. 4-A Meeting Date: 08/28/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, AUGUST 14, 2017 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at 7:01 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Dieringer, Mirsch, Pieper, Wilson and Mayor Black. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Julia Stewart, Assistant Planner. Yvette Hall, Interim City Clerk. Kevin Johnson, LA County Fire Dept. J. Lopez, LA County Fire Dept. Sue Breiholz, 6 Upper Blackwater Canyon Road Wayne Sharp, 74 Eastfield Drive Judy Mishkin, 1 Flying Mane Road Bob Gold, 9 Flying Mane Road Kyle Clinton, 26 Eastfield Drive 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 July 24, 2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Consideration of a Professional Services Agreement with Bolton Engineering for the preparation of grading, drainage and related plans for the proposed improvements at the tennis courts complex. RECOMMENDATION: Approve as presented. D. Review and approval of the Commission Recruitment/Appointment Timeline for terms expiring in January 2018. RECOMMENDATION: Approve as presented. E. Consideration of a date of December 11, 2017, 4-7 pm for the 32nd Annual Holiday Open House RECOMMENDATION: Approve as presented. F. County of Los Angeles Department of Animal Care and Control FY 2017-18 Service Level Request. - RECOMMENDATION: Approve as presented. Councilmember Mirsch requested that Item 4-F be removed from the consent calendar for individual consideration. Hearing no objection, Mayor Black so ordered. Mayor Black requested that Item 4-C be removed from the consent calendar for individual consideration. Hearing no objection, Mayor Black so ordered. Councilmember Mirsch moved that the City Council approve the remaining items on the consent calendar as presented. Councilmember Dieringer seconded the motion, which carried without objection. 4-F. County of Los Angeles Department of Animal Care and Control FY 2017-18 Service Level Request. In response to Councilmember Mirsch's questions, City Manager Cruz stated that the City does not receive reimbursement from pet owners for sheltering services and pet owners pay for animals that are impounded. He also indicated there is no additional cost for license clinics held in the City. Councilmember Mirsch suggested that the City Council consider participating in the Spay/Neuter Trust Fund Program that would allow the City to contribute $5 per dog license fee collected to the Spay/Neuter Trust Fund. Following brief discussion, City Manager Cruz indicated that additional information could be provided on the cost, number of dog licenses issued, income requirements and financial impact to the City for participating in the Spay/Neuter Trust Fund. He stated that an amendment to the agreement with the Los Angeles County Animal Care and Control would be brought back to the next City Council Meeting for City Council consideration. Following further discussion, Councilmember Mirsch moved that the City Council approve Consent Calendar Item No. 4-F as presented. Councilmember Pieper seconded the motion, which carried without objection. Minutes City Council Meeting 08-14-17 4-C. Consideration of a Professional Services Agreement with Bolton Engineering for the preparation of grading, drainage and related plans for the proposed improvements at the tennis courts complex. In response to Mayor Black's questions, Planning Director Schwartz clarified that the agreement was to prepare plans for the grading and drainage for ADA compliance and to perform pad work. She stated the agreement was not for septic tank related work. Following brief discussion, Mayor Black moved that the City Council approve Consent Calendar Item No. 4-C as presented. Councilmember Pieper seconded the motion, which carried without objection. Mayor Black requested that Item 9-B be taken out of order and discussed at this juncture. Hearing no objection, Mayor Black so ordered. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE PROACTIVE ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE. Mayor Black introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that in November 2015 the Fire Fuel Abatement Ordinance was adopted by the City Council. He stated that the ordinance is only enforced by city staff when there is a complaint. City Manager Cruz stated that in June 2017 representatives from the Caballeros Equestrian Club expressed concern that fire fuels in the canyon and nearby trails posed a threat to public safety and if ignited could start a wildfire. He indicated that after hearing this request, City Council asked staff to place an agenda item on a future meeting to determine whether the City Council would like to maintain the status quo or direct staff to bring back options to proactively enforce the Fire Fuel Abatement Ordinance. City Manager Cruz indicated that LA County Fire Department officials were present to further discuss this topic. He noted that correspondence was received from Sue Breiholz, resident, and that copies were provided to the City Council and public. Kevin Johnson, Assistant Fire Chief, Los Angeles County Fire Department Forestry Division, Brush Clearance Section, discussed the issues with extending the Fire Department's enforcement beyond 200 feet. He explained the Fire Department's enforcement of the 200 feet defensible perimeter was based upon the distance from the structure and that going beyond 200 feet is an issue. He stated the Fire Department is only authorized to go up to 200 feet. Assistant Fire Chief indicated that CEQA compliance would be difficult to address if an increase of defensible space was implemented. Discussion ensued among the City Council and LA County Fire Department officials on the County's vegetation inspection program, timeline, enforcement and compliance, ingress and egress on City streets, the County's roadside clearance requirement of 10 feet from the shoulder, CEQA compliance, damage to the environment and habitat disturbance and the Community Wildfire Protection Plan (CWPP). J. Lopez, Assistant Fire Chief, Los Angeles County Fire Department Forestry Division, explained the components of the CWPP, which include collaboration efforts among agencies, reduction of fire ignition and vegetation hazards. He discussed recent fire studies that have been completed on perimeters beyond 100 feet and that it is difficult to justify if brush clearance beyond 200 feet is sufficient to protect property. Minutes City Council Meeting 08-14-17 He stated that going beyond 200 feet increases the area exponentially and that CEQA compliance is justified only up to 200 feet. Discussion followed among the City Council and LA County Fire Department officials regarding strategies to minimize a wildfire when it occurs and the depth of chippings. In response to Mayor Pro Tem Wilson's request for a copy of the fire studies that were completed by the Riverside Fire Lab, Assistant Fire Chief Lopez stated he would provide further information on the topic. Mayor Black called for public comment. Sue Breiholz, 6 Upper Blackwater Canyon Road, expressed concern over the areas that are not overseen by the County and the overall public safety of the City. She suggested that all dead vegetation be cleared by June 1St of each year and that the perimeter should extend beyond 200 feet. She commented that it should not be the responsibility of the residents to inspect properties. Further discussion ensued on providing additional services outside of the County contract; extending the roadside clearance beyond 10 feet and addressing issues and obstructions within the 10 foot roadway; discing; compliance, inspections and enforcement as it relates to staffing levels; property maintenance; CEQA factors; CWPP; and the creation of a subcommittee to review enforcement of the Fire Fuel Abatement Ordinance. Councilmember Pieper moved that the City Council establish a Dead Vegetation Enforcement Subcommittee comprised of Councilmember Mirsch and Mayor Black. Mayor Pro Tem Wilson seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2017-10 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A CHICKEN COOP IN, THE REAR YARD SETBACK, RETAIN A SHED IN THE SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR AMENITIES, IN ZONING CASE NO: 921, AT 26 EASTFIELD DRIVE (LOT 86-A-EF) ROLLING HILLS, CA, (CLINTON). Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented the staff report stating that before the City Council is a resolution approving the project in Zoning Case No. 921 at 26 Eastfield Drive. She provided a brief overview of the applicant's request for variances to retain a chicken coop in the rear yard setback, a shed, an as -built fire pit, a new pool and spa and to construct various outdoor amenities. She stated that the proposed chicken coop was an existing structure that has never been legalized. Assistant Planner Stewart indicated that a project history and summary sheet was provided to the City Council and the public at the request of Councilmember Dieringer. In response to Councilmember Dieringer's inquiry, Assistant Planner Stewart clarified the square footage of the residential and garage additions and setback requirements for the project. Minutes City Council Meeting 08-14-17 C� Discussion ensued concerning the chicken coop and required variance. Mayor Black called for public comment. Kyle Clinton, 26 Eastfield Drive, stated that he spoke with his neighbors regarding the project. He indicated his neighbors had no issues with the project except for a request to change his roof from a pitch roof to a flat roof. Mr. Clinton requested that he be allowed to keep the chicken coop in its current location as long as his neighbors approve it. Councilmember Mirsch stated that she made a site visit and would not support taking the project under jurisdiction. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2017-10 granting approval of the applicant's request in Zoning Case No. 921 at 26 Eastfield Drive. Councilmember Mirsch seconded the motion, which passed 3-2 with Councilmember Dieringer and Mayor Black opposed. City Manager Cruz requested that Item 7-A be taken out of order and discussed at this juncture. Hearing no objection, Mayor Black so ordered. OLD BUSINESS DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL POPULATION IN THE CITY OF ROLLING HILLS. Mayor Black introduced the item and asked for staff's comments. City Manager Cruz presented the staff report stating that at the last City Council meeting of July 24, 2017 staff reviewed the three peafowl management programs that were used by the three other peninsula cities. He stated that at this meeting the City Council received public comments and considered options to address the peafowl population. City Manager Cruz stated that the City Council gave staff direction on the following items: 1) Does the city or state have a prohibition on feeding peafowl; 2) Investigate surrounding municipalities that may have a peafowl feeding prohibition; 3) Follow up on the two programs that trap peafowl. City Manager Cruz summarized that the City's municipal code currently does not prohibit the feeding of peafowl and there is no state law that prohibits the feeding of peafowl. He indicated that both Cities of Rolling Hills Estates and Rancho Palos Verdes have adopted Title 10 of the LA County Animal Code which does prohibit feeding of animals. City Manager Cruz stated that the current program used by RHE would not be practical as their city staff handles the complaints directly and RPV uses Wildlife Services, a private vendor. He indicated that he also received a quote from Animal Pest Management Services, Inc. for services. In response to Mayor Black's inquiry, City Manager Cruz responded that a peafowl census is not necessary. Mayor Black called for public comment. Wayne Sharp, 74 Eastfield Drive, inquired how many peafowl would be relocated. Minutes City Council Meeting 08-14-17 In response to Ms. Sharp's comment, Mayor Black stated that City Council is considering relocating all of the peafowl. Judy Mishkin, 1 Flying Mane Road, commented that she has had numerous issues with the peafowl and that they continue to be a nuisance. Bob Gold, 9 Flying Mane Road, stated that the peafowl are an invasive species and a nuisance due to the noise they make early in the morning. Following public comment and discussion, Councilmember Dieringer moved that the City Council approve an agreement with Wildlife Services for $200 per bird, up to 50 birds, with the option for an addendum for additional birds; exclude a census; and direct staff to bring back a resolution to adopt Los Angeles County Code Title 10.84.010 concerning prohibiting the feeding of peafowl and other birds and animals. Councilmember Mirsch seconded the motion, which carried without objection. COMMISSION ITEMS RESOLUTION NO. 2017-11— A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING TO REPAIR A FAILED SLOPE, A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT AND A STABLE USE PERMIT TO ALLOW RECREATION USE IN A STRUCTURE CONSTRUCTED AS A STABLE IN ZONING CASE NO. 908, AT 2950 PALOS VERDES DRIVE NORTH, (LOT 1-D-1RH) (ROTTER). Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that before the City Council is a resolution approving the project in Zoning Case No. 908 at 2950 Palos Verdes Drive North. She provided a brief overview of the applicant's request for a Site Plan Review, Variance, and Stable Use Permit to allow improvements to their property. Planning Director Schwartz indicated that no comments were received from the surrounding neighbors. Councilmember Pieper moved that the City Council receive and file Planning Commission Resolution No. 2017-11 granting approval of the applicant's request in Zoning Case No. 908 at 2950 Palos Verdes Drive North. Mayor Pro Tem Wilson seconded the motion, which carried without objection. PUBLIC HEARINGS NONE. OLD BUSINESS DISCUSSION AND POSSIBLE DIRECTION TO REDUCE PEAFOWL POPULATION IN THE CITY OF ROLLING HILLS. Taken out of order — see above. Minutes City Council Meeting 08-14-17 NEW BUSINESS RESOLUTION NO. 1215 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING RESOLUTION NO. 1205 REGARDING DECLARATION OF A NUISANCE CONDITION AND ABATEMENT THEREOF AT 38 PORTUGUESE BEND ROAD (LOT 118-RH) TO MODIFY THE TIMELINE FOR IMPLEMENTATION OF THE ORDER. OWNERS: STEVE AND LORI WHEELER. Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented the staff report stating that before the City Council is a request to amend the resolution that the City Council adopted declaring a nuisance at 38 Portuguese Bend Road. She explained that the applicant is requesting an extension of time to implement the abatement order to either remove the dirt or request from the Planning Commission a modification to the previously approved project. Discussion ensued among the City Council concerning the applicant's compliance within the timeframe approved by the resolution. Councilmember Pieper moved that the City Council adopt Resolution No. 1215 as presented. Councilmember Mirsch seconded the motion, which passed 3-2 with Councilmember Dieringer and Mayor Black opposed. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS DISCUSSION AND POSSIBLE DIRECTION REGARDING EXTENDING THE MORATORIUM ON THE PROCESSING AND CONSIDERATION OF APPLICATIONS SOUGHT UNDER THE PROVISIONS OF CHAPTER 17.26 (VIEW PRESERVATION). Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented a summary of the staff report. She stated that adoption of Measure B in March 2013 has led to difficulties in the application of the City's view preservation ordinance. She stated that in November 2016 the City Council adopted an ordinance establishing a moratorium on acceptance and processing of view applications. Planning Director Schwartz stated that the City Council requested this matter be agendized for consideration to extend the moratorium or allow it to expire on November 28, 2017. Discussion ensued on Measure B and the amount of time to extend the moratorium. Councilmember Pieper moved that the City Council direct staff to prepare. an ordinance to extend the moratorium and schedule a public hearing by October 31, 2017. Mayor Pro Tem Wilson seconded the motion, which passed 4-1 with Mayor Black opposed. DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE PROACTIVE ENFORCEMENT OF THE FIRE FUEL ABATEMENT ORDINANCE. Taken out of order — see above. DISCUSSION AND POSSIBLE DIRECTION TO REPLACE WHITE THREE -RAIL FENCE IN FRONT OF CITY HALL ALONG PORTUGUESE BEND ROAD. (ORAL) Minutes City Council Meeting 08-14-17 Mayor Black introduced the item. Councilmember Pieper requested that staff obtain a quote on replacing the whole fence the City is responsible for. Mayor Black commented that he felt only a few boards needed replacement. Following a brief discussion, the City Council, by consensus, directed staff to obtain a quote on the cost to replace the white three -rail fence in front of City Hall. UPDATE ON THE PALOS VERDES PENINSULA REGIONAL LAW ENFORCEMENT COMMITTEE MEETING HELD ON AUGUST 10, 2017. (ORAL) Councilmember Dieringer stated she attended the Regional Law Enforcement Meeting held on August 10, 2017 and provided an update on the following items: 1) Palos Verdes Estates has not installed their automatic license plate readers yet; 2) The truck brake failure accident in Rolling Hills Estates was not reported to the CHP due to no injuries. A presentation by the CHP will made to the committee to explain the protocol for reporting truck accidents; 3) Statistics will be provided on the Fire Department's response for medical service; and 4) The committee is working on a report to coordinate a Peninsula -wide effort for emergency operation services. DISCUSSION AND POSSIBLE DIRECTION FOR THE CITY OF ROLLING HILLS TO SUPPORT A MOTION TO HAVE THE LOS ANGELES COUNTY BOARD OF SUPERVISORS ESTABLISH A BLUE RIBBON COMMISSION ON PUBLIC SAFETY TO CONDUCT AN IN-DEPTH ANALYSIS OF SPECIFIC STRATEGIES, CHALLENGES AND OPPORTUNITIES PRESENTED BY AB 109, PROP 47 AND PROP 57. (ORAL) Mayor Black introduced the item. Councilmember Dieringer stated that she will be representing the California League of Cities and, as an individual, to argue in favor of this motion to work on strategies to provide greater public safety. She asked the City Council to formally support the Los Angeles County Board of Supervisors' establishment of a Blue Ribbon Commission on Public Safety. Mayor Black moved that the City Council support a motion to have the Los Angeles County Board of Supervisors establish a Blue Ribbon Commission on Public Safety to Conduct an In -Depth Analysis of Specific Strategies, Challenges and Opportunities presented by AB 109, Prop 47 and Prop 57. Councilmember Mirsch seconded the motion, which passed 4-1 with Councilmember Pieper opposed. Councilmember Pieper inquired about the date of the next greenwaste pickup that was announced in the latest newsletter. MATTERS FROM STAFF DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS PARTICIPATING IN A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM TO PROVIDE RESIDENTS FUTURE ENERGY OPTIONS. Mayor Black introduced the item and asked for staff's comments. Assistant Planner Stewart presented a summary of the staff report. She stated that in 2006 the California Legislature adopted AB 32 which Minutes City Council Meeting 08-14-17 required cities to reduce greenhouse gas emissions to 1990 levels. She explained the three types of Community Choice Aggregation (CCA) programs that allow municipalities to choose their power mix as follows: 1) Individual City; 2) Regional Joint Powers Authority (JPA); and 3) County JPA (Los Angeles County Community Choice Joint Power Authority). Assistant Planner Stewart highlighted the County JPA as an option for City Council consideration because it has the ability to lower energy rates for residents. She stated that a presentation to the City Council could be made by a member of the County JPA at the next meeting. Discussion ensued on the costs to join a CCA program, the number of representatives that each city is allowed to appoint and how solar.energy is billed. By consensus, the City Council directed staff to request that the Los Angeles County Community Choice Joint Power Authority make a presentation to the City Council on energy options. CLOSED SESSION NONE. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:45 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, August 28, 2017 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Yvette Hall Interim City Clerk Approved, James Black, M.D. Mayor Minutes City Council Meeting 08-14-17 CHECK CHECK NO. DATE 24968 08/28/2017 24969 08/28/2017 24970 08/28/2017 24971 08/28/2017 24972 08/28/2017 24973 08/28/2017 24974 08/28/2017 24975 08/28/2017 24976 08/28/2017 24977 08/28/2017 24978 08/28/2017 24979 08/28/2017 24980 08/28/2017 24981 08/28/2017 24982 08/28/2017 24983 08/28/2017 24984 08/28/2017 24985 09/01/2017 24986 09/01/2017 24987 09/01/2017 * Lk 1 09/01/2017 * EFT 09/01/2017 * PR LINK 8/18/2017 * PR LINK 8/18/2017 C1tyo/poerng Jh// Agenda Item No: 4-B Mtg. Date: 08/28/17 INCORPORATED JANUARY 24, 1957 PAYEE CALIFORNIA CITY MANAGEMENT CALIFORNIA JPIA COSTCO MEMBERSHIP COUNTY OF LOS ANGELES DAILY BREEZE DAILY BREF7F GOVT STAFFING SERVICES INC KONICA MINOLTA BUSINESS LA COUNTY SHERIFFS DEPARTMENT MAIL FINANCE OPUS BANK PACIFIC COAST LANDSCAPE REMOTE SATELLITE SYS INT'L ROGERS, ANDERSON, MALODY & SCOTT LLP ROLLING HILLS ESTATES USCM VANTAGEPOINT TRANSFER AGENTS DELTA DENTAL STANDARD INSURANCE COMPANY VISION SERVICE PLAN - (CA) CALPERS CALPERS PR LINK - PAYROLL PROCESSING PR LINK - PAYROLL 17 & PR TAXES NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 08/28/2017 - CHECK RUN DESCRIPTION CCMF MEMBER -ACTIVE MEMBERSHIP DUES FY17/18 ALL RISK PROPERTY INS PROGRAM POLICY FY17/18 MEMBERSHIP RENEWAL 10/2017 ANIMAL CONTROL KENNEL JULY 2017 ADVERTISEMENT JULY 2017 ADVERTISEMENT JULY 2017 STAFFING SERVICES WEEK ENDING 8/6/17 MONTHLY MAINTENANCE 7/12/17 - 8/11/17 LAW ENFORCEMENT SERVICES JULY 2017 POSTAGE MACHINE LEASE 6/1/17 - 8/31/17 OFFICE SUPPLIES, ASSISTANT PLANNER EDUCATION LANDSCAPING MAINTENANCE JULY 2017 SATELLITE PHONES SEPTEMBER 2017 MONTHLY ACCOUNTING SERVICES JULY 2017 PARKING CITATIONS MAY 2017 DEFERRED COMP 8/18/17 DEFERRED COMP 8/18/17 DENTAL INSURANCE SEPTEMBER 2017 LIFE INSURANCE SEPTEMBER 2017 VISION INSURANCE SEPTEMBER 2017 HEALTH INSURANCE SEPTEMBER 2017 GASH 68 REPORTING SERVICE FEE PROCESSING FEE PAY PERIOD - AUGUST 2, 2017 THROUGH AUGUST 15, 2017 I, Raymond R. Cruz, City Manager of Rolling Hills, California certify that the above demands are accurate and there is available in the General Fund a balance of $53 6.60 or the payment -Bfaboi E ems. Raymond R. ('Jfuz, City Manager * Previously Disbursed AMOUNT 400.00 685.00 60.00 605.45 770.40 341.92 2,250.80 93.37 27,210.10 717.49 654.43 565.00 97.90 7,133.33 15.13 1,398.00 364.00 903.73 240.16 113.30 7,967.09 700.00 57.45 15,639.40 $ 68,983.45 53,286.60 0 Printed on Recycled Paper C D AUG 2 L 1017 CITY OF ROLLING HILLS RESIDENTIAL ALLIED WASTE RECYCLE NOW REPORT City of Rolling Hills By Report Date: 2017 MONTH 2017 January RECYCLED (tons) 51.34 February 45.87 March 52.00 April 53.62 May 47.49 June 51.80 July 53.57 August September October November December Year to Date Totals: 355.69 Average Monthly Totals: 2017 50.81 GREEN WASTE (tons) 83.67 66.88 75.56 155.40 98.65 114.43 103.23 697.82 99.69 C&D Recycled C&D Disposed Disposal Diversion Tonnage 29.80 6.62 133.36 54.07% 6.37 2.13 115.88 50.24% 32.98 11.00 125.65 54.02% 61.17 11.21 129.57 65.74% 106.36 5.80 114.76 67.68% 58.65 7.33 125.18 62.92% 111.23 9.24 129.45 65.90% - - - 0.00% - - - 0.00% - - - 0.00% - - - 0.00% - - - 0.00% 406.56 58.08 53.33 873.86 61.16% 7.62 124.84 60% MONTHLY TOTALS (tons) 304.80 237.13 297.19 410.97 373.06 357.39 406.72 0.00 0.00 0.00 0.00 0.00 2,387.26 341.04 C1ty obe fl»g JJ,II, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Agenda Item No. 5-A Mtg. Date: 08-28-17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR 9 THRU: RAYMOND R. CRUZ, CITY MANAGER ( '' SUBJECT: RESOLUTION NO. 2017-12. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW RESIDENCE WITH GARAGE, AND ACCESSORY AMENITIES; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE THAN PREVIOUSLY APPROVED FOR THE LOT, FOR HIGHER THAN 5' PRIVACY WALL AND TO LOCATE PORTION OF THE POOL AND COVERED PATIO IN THE FRONT YARD OF THE PROPERTY IN ZONING CASE NO. 922 AT 0 POPPY TRAIL, (LOT 90-BA-RH), (SERPA). A MITIGATED NEGATIVE DECLARATION (MND) FOR THE PREVIOUSLY APPROVED PROJECT WAS ADOPTED ON OCTOBER 5, 2010 AND AMENDED ON FEBRUARY 11, 2011. AN ADDENDUM TO THE MND REFLECTING THE CURENTLY PROPOSED MODIFICATION TO DISTURBANCE OF THE LOT HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS. PROJECT DESCRIPTION AND BACKGROUND 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The request is for new single family residence with accessory structures in the RAS-2 zone at 0 Poppy Trail. The lot is one of two lots that was created following a landslide in 2005 at what was then 1 Poppy Trail Road. The landslide was remediated, and with several lot line ZC NO. 922 0 Poppy Trail Printed on Recycled Paper adjustments between 1 Poppy Trail and adjacent lots, two new lots were created, which are vacant. One of the lots was currently sold and is proposed for development. 3. The applicants Mr. and Mrs. Serpa request a Site Plan Review for a new 4,859 square foot residence with 1,000 square feet of covered porches, 1,232 square foot garage, a 96 square foot service yard, a 560 square foot pool and spa, a 220 square foot detached solid roof covered patio and outdoor kitchen, a.64 square foot enclosed space for pool equipment, a 54 square foot gatehouse leading to an outdoor courtyard with a 100 square foot fountain area, and overall grading of 2,166 cubic yards, which does not include grading for a future stable and corral, (2,726 c.y. including for future stable); a Conditional Use Permit for a 688 square foot guest house; and Variances to exceed the previously approved disturbance of the lot, of 78.9%, to construct an up to 5.75'-6' high privacy wall along a patio on the west side of the residence and to place a portion of the outdoor amenities (pool and covered patio with outdoor kitchen) in the front yard area of the lot. 4. At the August 15th meeting, the Planning Commission adopted Resolution No. 2017-12 approving the project, with Commissioners Kirkpatrick and Seaburn absent and excused. However, Commissioner Seabum was present at the July 19th meeting, at which the Planning Commission, following a field trip to the site, directed staff to bring forward a Resolution of approval for their August 15th meeting. The Planning Commission found that the project is not in conflict with Rolling Hills regulations and the goals and policies of the general plan; that the development is compatible with the surroundings and not obtrusive; that the grading is minimal as the building pad has been created during the remediation of the land and that the building pad including the accessory structures will not be overbuilt. A set aside area for a future stable and corral and access has been previously approved as well. 5. Specific conditions to this project include the requirement to maintain the existing and previously landscaped Verdura Plantable MSE (Mechanically stabilized earth) retaining walls and the previously constructed drainage swales; allowing staging of construction equipment and materials on the set aside area for the stable and corral and requiring that it be restored after the construction is completed. 6. Past Property Approval and Environmental Review for lot disturbance On March 5 of 2005, a landslide occurred on property located at 1 Poppy Trail Road and terminated just below the roadway easement for Poppy Trail Road. The landslide buried a portion of Poppy Trail Road, which was the sole means of ingress and egress for nine residential lots. The dirt movement affected two adjacent lots. During the remediation process through several lot line adjustments between the affected parcels, two lots were created 0 Poppy Trail and 1 Poppy Trail. Currently both lots are vacant; however 0 Poppy Trail is ready for development and is subject of his Resolution. Following the landslide, the City of Rolling Hills and the Rolling Hills Community Association undertook various improvements and, between April and October of 2010, detailed project plans were developed for remediation of the failed slope. In connection with the Landslide Remediation Project, the property owner prepared an Initial Study and determined that, with the implementation of mitigation measures, no negative effect on the environment would result. Therefore, an MND was prepared and on October 4, 2010, the City Council approved and adopted the MND. A first amendment to the MND was adopted by the Planning Commission on February 15, 2011 and reported to the City Council. In 2010 several discretionary approvals were ZC No. 922 0 Poppy Trail Page 2 l J granted in for the landslide remediation project, including a variance to disturb 65% of the net lot area of what is now 0 Poppy Trail Road. Pursuant to an updated survey of 0 Poppy Trail Road, the existing disturbance is actually 78.95%. There is no additional disturbance planned for the proposed project at 0 Poppy Trail Road; any slight grading that will be conducted in connection with the proposed project at 0 Poppy Trail Road consists of smoothing and evening out the existing building pad. In order to approve the overage of the disturbance of the lot, an addendum to the MND and its addendum have been prepared. It was determined that all of the areas of the lot where grading or remediation took place were reviewed by geotechnical, soils and civil engineer consultants prior to any grading being implemented, and is substantiated by the geotechnical reports that are on file at City Hall, including a final analysis for the as remediated project. Additionally, the previously approved exceedance for disturbance did not take into consideration the area that was disturbed prior to the landslide along the western portion of the lot (behind an existing wall) or the future stable area. The overall purpose of this Second Addendum is to modify the minor technical discrepancy between the approved disturbance percentage (65%) and the actual disturbance percentage (78.95%) for 0 Poppy Trail. This change is clerical and therefore it will not cause new significant impacts not identified in the previously certified MND or result in a substantial increase in the severity of previously identified significant impacts related to the Landslide Remediation Project. A small portion of the property, primarily located on the opposite side of the Poppy Trail roadway easement, is designated as a Significant Ecological Area (SEA). This means Los Angeles County has identified biological resources that need to remain undisturbed. Therefore, in the environmentally protected area, the applicant will be required to comply with the LA County requirements regarding the SEA Program under its General Plan, where no development can take place. Additionally, during the Biological Resources Study for the remediation of the slope the Environmental Consultant for the project found the entire area of the lot on the east side of Poppy Trail to be environmentally sensitive riparian area; meaning is located on the bank of a natural watercourse or body of water, and therefore cannot be developed. That area has been designated for easements to the RHCA and access to the Hesses Gap riding ring crosses that portion of the lot. 7. Zoning and Land Size The property is zoned RAS-2 and the gross lot area is 4.08 acres. For development purposes the net lot area of the lot is 117,800 square feet or 2.7 acres. The lot contains a 26,615 square foot building pad, previously created as well as a driveway to the building pad. The lot contains a roadway easement, as portion of Poppy Trail traverses the lot, as well as an easement for a driveway leading to the lot to the south of 0 Poppy Trail. A small portion of Georgeff Trail is also located on the lot. The area across Poppy Trail (to the east of the road) has been designated as an easement to the RHCA. That portion of the lot includes access to the Hesse's Gap riding ring and is ecologically sensitive area. 8. MUNICIPAL CODE COMPLIANCE Driveway and Motor Court The applicants propose to widen the existing driveway and size of the motor court to meet Fire Department requirements. The slope of the driveway is 7% or less for the first twenty feet and never greater than 17% grade at any point. The Traffic Commission previously reviewed and recommended approval of the driveway apron. The City ZC No. 922 0 Poppy Trail Page 3 Council approved the driveway apron at the time the subdivision was reviewed, at their October 4, 2010 meeting. Grading and Stabilization Due to the previous engineering of the lot and surrounding slopes, there are limitations to grading on the lot. The applicant is intending to conduct minimal grading to level off the previously created building pad, which currently is at approximately 10% slope. Overall grading will include 593 cubic yards cut, 333 cubic yards fills, plus over -excavation and re -compaction. The total grading for the site is proposed to be 2,726 cubic yards. In the future when the stable and corral are developed, a small amount of dirt may have to be exported from the stable pad. Disturbance Existing disturbance of the lot is 78.95%. This percentage is based on an updated survey conducted by the project engineer. This includes the future grading needed for the stable and corral and the existing disturbed area west of the residence that was disturbed prior to the landslide (which were not included in the disturbance for the remediation). All development on the residential building pad and the driveway and motor court is being constructed within a previously disturbed area. A Variance for disturbance is being requested due to the reporting discrepancy previously reported. Height The finished height of the residence ridgeline is proposed to be 17 feet 6 inches. The ridgeline of the gatehouse is proposed to be 11 feet. The height of the ridgeline of the guesthouse is proposed to be 13 feet six inches. The height of the solid roof covered patio is proposed to be 13 feet. Drainage The existing condition of the site includes an extensive swale system with outlets into the natural drainage course and weep holes in the retaining walls. However, a filtration method will be required to treat the run-off. Storm Water Management The remediation of the landslide was previously subject to the SWPPP (Storm Water Pollution Prevention Plan) and may apply to the proposed project. This application is subject to the City's Low Impact Development (LID) ordinance requirements. At the plan check stage of the application it will be determined what system of filtration of the run-off will be required. The applicant may need to provide a biofiltration unit; however, an extensive swales drainage system has been designed, approved and constructed. The previously landscaped slopes and walls must remain and be maintained in good condition. The City's Water Efficient Landscape ordinance was applied to the previously approved landscaping. Lot Coverage/ Building pad coverage The net lot area of the lot is 117,800 square feet. The proposed total structural and flatwork coverage on the lot (with exclusions) is 23,079 square feet or 19.6% (35% max. permitted). The proposed structural net lot coverage (with exclusions) is 9,169 square feet or 7.8% (20% max. permitted). Residential building pad coverage on the 26,615 square foot pad will be 30.5% (with allowed deductions), and the future 1,000 square foot stable pad will have coverage of 45%, if the minimum of 450 sq.ft. stable is constructed. ZC No. 922 0 Poppy Trail Page 4 Walls There are several existing walls on the subject property. These walls were used to stabilize the lot and have previously been approved as part of the remediation of the landslide in 2005. This includes some walls higher than 5 feet and/or located within setback areas. A privacy wall of 5.75' — 6' in height is proposed at the western side of the residence, which requires a variance. Future Stable A 1,000 square foot set aside area for a stable and corral was previously approved in front of the residential building pad. Originally the applicants proposed grading for the pad, but is not planning to construct a stable at this time. It has been the city's policy to allow grading of an area only if a structure is being proposed concurrently with the grading. That policy is to meet the General Plan goal to substantially preserve the natural and undeveloped state of the lot. Therefore, grading for the stable and corral, although included in the calculations (as is required) is not allowed. The Planning Commission allowed staging of material equipment in this area during construction, but the pad must be restored after the construction. CONDITIONAL USE PERMIT SUMMARY Guest House Requirements A 688 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 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 An 688 square foot guest house is proposed. Shall not be located in the front yard or any setback. The guest house is proposed to be located in an area designated as side yard, but not in setback. A kitchenette and sanitary facility consisting of a shower, sink and toilet shall be permitted. Applicant proposes a kitchenette and shower and is a condition of approval to meet 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 and located on the other side of the residence. Occupancy of the guest house shall be limited to persons employed on the premises, the immediate family of the occupants of the main 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. This has been a standard condition of approval. Renting of a guest house is prohibited. This has been a standard condition of approval. ZC No. 922 0 Poppy Trail Page 5 Utility Lines / Septic Tank It will be a requirement that utility lines to all of the proposed structures be placed underground. Much of this infrastructure was already provided for during the landslide remediation. The previous remediation of the site also requires that any future development of a residence include a percolation test. This is to accommodate the septic tank. The applicant has conducted this test and the proposed location of the septic tank is recommended by the geotechnical consultant. General Applicant Statements Regarding compatibility to the zone, the applicant states, "Other than the stable being located in the front yard, which was previously approved as a Variance, and a portion of the pool and outdoor kitchen being in the front yard all other development standards for RAS-2 zone are met. The disturbance of the lot is all existing from the previous slope repair and no additional disturbance is proposed. The residence, attached garage, pool/spa and accessory structures are below the allowable structural and hardscape coverage and are outside of all setbacks." Regarding the guest house, the applicant states, "The Guest House will not adversely affect adjacent uses, as it will be set back from the main residence as well as from the slope to allow for a walk around space and fire access. The building pad for the Guest House was already constructed and there is no additional grading proposed on the slope." Regarding the proposed variances, the applicant states, "The existing building pad was constructed largely towards the rear of the lot meaning that unless the house is placed at the edge of the pad, any accessory structure will be in the front yard. We have worked to minimize the amount in the front yard while also working to ensure a view from the pool/spa. " Rolling Hills Community Association Review Rolling Hills Community Association will review this project at a later date. Planning Commission Responsibilities When reviewing a development application, the Planning Commission consider whether the proposed project meets the criteria for a Site Plan Review, Conditional Use Permit, and Variances as seen below. Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Class 3, Section 15303 New Construction. Earlier approved elements and anticipated development activities for the subject property were previously reviewed and mitigations are covered by a Mitigated Negative Declaration adopted in October 2010. ZC No. 922 0 Poppy Trail Page 6 Development Comparables ZC NO. 922 NEARBY PROPERTIES (For information only) Address House size in sq.ft. (built/add or remodel) Lot Area (gross acres) 1 Poppy Trail Vacant Land 4.59 2 Poppy Trail 4,377 2.24 3 Poppy Trail 3,598* 5.13 7569-012-025 Vacant Land 3.51 7567-001-904 Vacant Land 10.17 25 Portuguese Bend Road 5,136 7.99 24 Portuguese Bend Road 8,661 4.48 100 Saddleback Road 5,951 3.91 0 Poppy Trail • Proposed 4,859 4.08 NOTE: The above do not include garages, basements and other accessory structures. SOURCES: Assessors' records * City records Project Summary SITE PLAN REVIEW PROPOSED OVERALL TOTAL RA -S- 2 ZONE SETBACKS NEW RESIDENCE WITH ACCESSORY USES Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from rear easement line STRUCTURES Residence Garages Pool and spa Pool Equipment Stable (set aside) Service yard Porches Outdoor kitchen Gatehouse Guesthouse Fountains 4,859 sq.ft. 1,232 sq.ft. 560 sq.ft. 64 sq. ft. 450 sq.ft 96 sq.ft 1,000 sq.ft. 220 sq.ft. 54 sq. ft. 688 sq. ft. 110 sq. ft. (Site Plan Review required for grading, new structures including new residence and if size of addition increases by more than 999 sq.ft. in a 36 -month period). TOTAL 9,333 sq.ft STRUCTURAL LOT COVERAGE 117,800 sq.ft. net lot area -coverage 7.8% (with deductions) (20% maximum) TOTAL LOT COVERAGE 19.6% (with deductions) (35% maximum) BUILDING PADS (30% guideline) 26,615 sq.ft. pad -30.5% residence pad coverage (with deductions) Future: 45% stable pad coverage Residence, pool, other miscl. structures STABLE ZC No. 922 0 Poppy Trail Page 7 SITE PLAN REVIEW PROPOSED OVERALL TOTAL GRADING 2,726 cubic yards of overall grading. 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 78.95% requires variance (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. Set aside only & 550 SQ.FT. CORRAL) STABLE ACCESS Existing ROADWAY ACCESS Existing driveway approach already approved VIEWS Planning Commission condition PLANTS AND ANIMALS Planning Commission condition (CEQA-exempt) SITE PLAN REVIEW CRITERIA 17.46.010 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. 17.46.050 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; ZC No. 922 0 Poppy Trail Page 8 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 APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 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. 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. 922 0 Poppy Trail Page 9 0 THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION NO. 2017-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW RESIDENCE WITH GARAGE, AND ACCESSORY AMENITIES; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND VARIANCES TO EXCEED THE MAXIMUM PERMIT TED DISTURBANCE THAN PREVIOUSLY APPROVED FOR THE LOT, FOR HIGHER THAN 5' PRIVACY WALL AND TO LOCATE PORTION OF THE POOL AND COVERED PATIO IN THE FRONT YARD OF THE PROPERTY IN ZONING CASE NO. 922 AT 0 POPPY TRAIL, (LOT 90-BA-RH), (SERPA). A MITIGATED NEGATIVE DECLARATION (MND) FOR THE PREVIOUSLY APPROVED PROJECT WAS ADOP TED ON OCTOBER 5, 2010 AND AMENDED ON FEBRUARY 11, 2011. AN ADDENDUM TO THE MND REFLECTING THE CURENTLY PROPOSED MODIFICATION TO DISTURBANCE OF THE LOT HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS. THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Serpa for construction of a new 4,859 square foot residence and 1,232 square foot garage, 1,000 square feet covered porches, a 560 square foot swimming pool and spa, with additional amenities such as a 54 square feet gatehouse and 220 square foot outdoor covered kitchen; Conditional Use Permit for 688 square foot guesthouse and Variances to allow for partial construction of the outdoor amenities in the front yard area, for a privacy wall that exceeds 5' in height and to exceed the previously approved disturbance of the lot. Grading of 2,726 cubic yards, which includes grading for a future stable and corral is also proposed. Section 2. On March 5 of 2005, a landslide occurred on property located at 1 Poppy Trail Road and terminated just below the roadway easement for Poppy Trail Road. The landslide buried a portion of Poppy Trail Road, which was the sole means of ingress and egress for nine residential lots. The dirt movement affected two adjacent lots. During the remediation process through several lot line adjustments between the affected parcels, two lots were created 0 Poppy Trail and 1 Poppy Trail. Currently both lots are vacant; however 0 Poppy Trail is ready for development and is subject of his Resolution. Following the landslide, the City of Rolling Hills and the Rolling Hills Community Association undertook various improvements and, between April and October of 2010, detailed project plans were developed for remediation of the failed slope. In connection with the Landslide Remediation Project, the property owner Reso. 2017-12 1 0 Poppy Trail. prepared an Initial Study and determined that, with the implementation of mitigation measures, no negative effect on the environment would result. Therefore, an MND was prepared and on October 4, 2010, the City Council approved and adopted the MND. A first amendment to the MND was adopted by the Planning Commission on February 15, 2011 and reported to the City Council. In 2010 several discretionary approvals were granted in for the landslide remediation project, including a variance to disturb 65% of the net lot area of what is now 0 Poppy Trail Road. Pursuant to an updated survey of 0 Poppy Trail Road, the existing disturbance is actually 78.95%. There is no additional disturbance planned for the proposed project at 0 Poppy Trail Road; any slight grading that will be conducted in connection with the proposed project at 0 Poppy Trail Road consists of smoothing and evening out the existing building pad. In order to approve the overage of the disturbance of the lot, an addendum to the MND and its addendum has been prepared. The overall purpose of this Second Addendum is to modify the minor technical discrepancy between the approved disturbance percentage (65%) and the actual disturbance percentage (78.95%) for 0 Poppy Trail. This change is clerical and therefore it will not cause new significant impacts not identified in the previously certified MND or result in a substantial increase in the severity of previously identified significant impacts related to the Landslide Remediation Project. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on June 20, 2017, July 18, 2017 and at a field trip on July 18, 2017. Neighbors within 1,000 -foot radius were notified of the public hearings and a notice was published in the Peninsula News on July 6, 2017. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicants and 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 and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives were in attendance at the public hearings. One neighbor inquired about drainage on the property. Section 3. The property is zoned RAS-2 and the gross lot area is 4.08 acres. For development purposes the net lot area of the lot is 117,800 square feet or 2.7 acres. The lot contains a building pad, previously created as well as a driveway to the building pad. A portion of Poppy Trail roadway easement traverses the lot, as well as an easement for a driveway leading to the lot to the southeast of 0 Poppy Trail, (1 Poppy Trail). A small portion of Georgeff Trail is also located on the lot. The area across Poppy Trail (to the north-east of the road) has been designated as an easement to the RHCA. That portion of the lot includes access to the Hesse's Gap riding ring and has also been designated as ecologically sensitive area. Section 4. The Planning Commission finds that the development 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. Reso. 2017-12 0 Poppy Trail. 2 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. The new development requires a Site Plan Review. With respect to the Site Plan for the development 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 setbacks to provide buffers between residential uses. The net lot area of the lot is over 2 acres and the lot is adjacent to other large lots along Poppy Trail. A building pad has been created as a result of grading for slope remediation and the applicants will utilize that pad for the construction. An area for a future stable and corral was also previously approved for this lot to be located in the front yard of the lot. None of the proposed structures are in setbacks. 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 in its entirety on the existing building pad, 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 is located on an already developed building pad leaving the steeper and more densely vegetated areas in their existing state and the drainage course will not be affected. 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 new residences in the vicinity of said lot. The development plan takes into consideration the views from Portuguese Bend Road and the development will be moved back from the Road, so that views from the road Will not be blocked. Significant portions of the lot will be left undeveloped. The project will be screened from the road and all neighbors, and the project in general will retain the existing slopes and vegetation and not affect the lower portion, that was designated as Ecologically Significant Area. 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. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the new 15' Reso. 2017-12 0 Poppy Trail. 3 driveway, approved by the Fire Department, will be safe to drive on as two cars can safely pass one another. There is ample parking in the garages and in the turn around area at the front of the house, outside of all setbacks, so all visitors parking will be contained on site. F. The project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15303. Section 6. Section 17.16.210 (A)(5) of the Zoning Ordinance contains conditions for a guesthouse, subject to approval of a conditional use permit. The proposed guesthouse structure complies with the provisions of this section. 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 guest house would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, and meets all the applicable code development standards for such use and it is located in an area on the property that is adequately sized to accommodate such use, and on an existing building pad. The proposed use is appropriately located in that it will be sufficiently separated from nearby structures. The proposed guesthouse is a common amenity to Rolling Hills. 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 use (guest house) is located of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. As part of the approval, a condition is imposed that the guesthouse not be rented and not be located within 50 -feet of a driveway or a parking pad. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the proposed use complies with the low profile residential development pattern of the community and will not give the property an over -built look. Sufficient areas of the lot will remain open and unobstructed. The lot is over 2 acres net in size, but over 4 acres gross in size, and is sufficiently large to accommodate the proposed use. Reso. 2017-12 0 Poppy Trail. 4 E. The proposed conditional use complies with all applicable development standards of the zone district and requires Conditional Use Permits pursuant to Section 17.16.210(A)(5) of the Zoning Ordinance. F. The proposed conditional use is 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 Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. Variances from Section 17.16.070(B), Section 17.12.250"Y" and Section 17.16.190(F) is required because it states that the lot disturbance shall be limited to 40% of the net lot area; that there shall be no structures within the front yard of a property and that the maximum permitted height of walls shall not exceed 5'. The applicant is requesting Variances because total disturbance will be 78.95% of the net lot area; a portion of the outdoor amenities will be located in the front yard of the lot and an up to 6' high privacy wall is proposed along a patio of the residence. The approval of the variance for lot disturbance variance of 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 in the same zone because, unlike most other properties in this zone, there was a landslide on the property, which was remediated but required greater than 40% of the lot to be disturbed, and 65% disturbance was approved prior to remediation. This calculation did not take into consideration the graded areas of the lot, which were not affected by the landslide and were therefore not remediated or the area of the lot necessary to grade for a future stable and corral, which was also not affected by the landslide. Pursuant to an updated survey of 0 Poppy Trail Road, the existing disturbance is actually 78.95%. There is no additional disturbance planned for the proposed project at 0 Poppy Trail Road; any slight grading that will be conducted in connection with the proposed project consists of smoothing and evening out the existing building pad. All of the areas of the lot where grading or remediation took place were reviewed by geotechnical, soils and civil engineer consultants prior to any grading being implemented, and is substantiated in the geotechnical reports that are on file at City Hall. The 65% reported in the original project application for the landslide remediation was a numerical error. During remediation of the lot, a building pad was developed towards the rear of the property, on which the proposed construction will take pace. The minor amenities, a portion ofwhich would be located in front of the leading edge of the residence are appropriately spaced and located on the lot. Due to the limited size of the building pad area, which may not be enlarged, those amenities are located in the most logical space Reso. 2017-12 0 Poppy Trail. 5 on the pad. The privacy wall will not exceed 6' in height, (whereas 5' high maximum wall would be allowed without a Variance) and is 6' for a short distance to encompass a small patio adjacent to the master bathroom. With a residence located on an adjacent lot above the subject building pad for the new residence, it is feasible that without the 6' privacy wall, the master bathroom would be visible from the lot above. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which would be denied to the property in question. The landslide has resulted in the need to remediate and stabilize the lot, which caused greater than allowed disturbance of the lot. The property owner is not proposing to grade additional area of the lot, except that slight grading will be required if in the future a stable and corral were to be proposed. The dirt movement for the currently proposed development entails smoothing out the existing, previously graded pad to level it off and get it ready for construction. The proposed amenities and wall are a very minor element of the project and are appropriately located. 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. The proposed development proposes to utilize the previously approved grading for slope stability, which augmented and corrected a landslide condition. The proposed development will not affect the previously approved grading and disturbance for slope stability drainage, and buttressing of the slopes. The proposed amenities and wall will not be detrimental, as they are a very small portion of the development and located on an existing building pad, where no other grading or disturbance will be undertaken. D. In granting the variance, the spirit and intent of the Zoning Code will be observed, and the variance does not grant special privilege to the applicant because the remediation of landslides improved the safety and beauty of the land; but exceeded the maximum permitted disturbance. The additional disturbance is a minor technical discrepancy between the approved disturbance percentage (65%) and the actual disturbance percentage (78.95%). This change is clerical and therefore it does not cause new significant impacts or grant special privilege to the applicant. The additional previously non -reported disturbance does not affect the area of previous remediation and stability of the remediated slopes. The outdoor amenities and the privacy wall are common amenities enjoyed by many properties in the City. F. 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 because there are no hazardous waste facilities at issue in this case. G. The variance request is consistent with the General Plan. The proposed project, together with the variances, will be compatible with the objectives, policies, general land uses, and programs specified in the General Plan. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 922 request for a Site Plan Review for minor grading (2,726 cubic yards, which includes grading of the set aside area for a future stable and corral) and construction of a new 4,859 square foot residence and 1,232 square foot Reso. 2017-12 6 0 Poppy Trail. garage, covered porches, a 560 square foot swimming pool and spa, with additional amenities such as a gatehouse and outdoor covered kitchen; a Conditional Use Permit for 688 square foot guest house and Variances to allow for partial construction in the front yard area, for a privacy wall that exceeds 5' in height and to exceed the previously approved disturbance of the lot and a second Addendum to the Mitigated Negative Declaration, to replace the previous variance for lot disturbance of 65% to a variance of 78.95% lot disturbance. A. The Site Plan, Variances, and Conditional Use Permit approval shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080, 17.42.070 and 17.38.070 of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted; the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violationhas not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). 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 the Permit, or shown otherwise on an approved plan. D. 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 City Council. Reso. 2017-12 0 Poppy Trail. 7 E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 14, 2017 except as otherwise provided in these conditions. All conditions of the Site Plan Review, Variances and Conditional Use Permit 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. 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 net lot coverage of the lot shall not exceed 9,169 square feet (with exclusions) or 7.8% and the total net lot coverage, including structures and flatwork, shall be 23,079 square feet (with exclusions) or 19.6% in conformance with lot coverage limitations, and with the permitted allowances. H. The disturbed area of the lot, including the set aside area for the stable and corral and including the previously remediated and stabilized area of the lot shall not exceed 78.9%. Grading for this project shall be 2,166 cubic yards, total, to even out and compact the existing building pad, and is to be balanced on site. Grading for the future stable and corral, if developed, will entail 560 cubic yards of dirt. I. The residential building pad exists at 26,615 square feet and shall not exceed structural coverage of 8,110 square feet or 30.5% with allowed deductions. J. A driveway and a turn -around shall be provided per the Fire Department requirements; the apron of the driveway shall be roughened and the first 20 feet of the driveway shall not exceed 7% in slope. K. A minimum of five-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. Reso. 2017-12 0 Poppy Trail. 8 L. The guesthouse shall not exceed 688 square feet. All provisions of Section 17.16.210(A)(5)(c) of the zoning ordinance, including but not be limited shall be complied with; such as: only one sanitary facility consisting of a shower, sink, and a toilet and a kitchenette is permitted in the guesthouse; there shall be no parking area within 50 -feet of the guesthouse; no renting of the guest house is permitted. M. The property on which the project is located shall contain a set aside area to provide an area meeting all standards for a stable and corral with adequate access. The stable and corral set aside area may not be graded, unless an application is filed with the City for construction of a stable. However, that area may be used for construction staging during the site development. Upon completion of the construction, all construction materials and equipment, debris and other material shall be removed from the site and the set aside area restored to its pre -staging condition. The applicant shall provide before and after pictures of the area planned for staging. N. The conditions of approval enumerated in Resolution No. 2010-21, (Site Plan and Variances for remediation and stabilization of the lot), where applicable, shall be complied with and shall include but not be limited to the following: a. The MSE (Mechanically Stabilized Earth) walls shall be landscaped and maintained in good condition at all times. b. The previously remediated slopes shall be maintained with suitable deep- rooted ground cover and be in substantial compliance with the landscaping plans approved for the land stabilization and remediation in Zoning Case No. 791. c. The area of the lot, located across Poppy Trail, (westerly thereof) has been designated as Ecologically Sensitive Area and no construction, parking, staging, storage or any other activity shall take place in this area. O. If trees or shrubs are planted, their growth shall not obstruct views of neighboring properties but are to be planted to screen the home and accessory structures, and shall be maintained at a height of the ridgeline of the structure it is intended to screen. If planted, trees and shrubs shall not result in a hedge like screen. The landscaping 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 13.18 of the RHMC), for landscaping of 5,000 sq.ft. or more in area. Pursuant to Chapter 8.30 of the RHMC the property shall at all times be maintained free of dead trees and vegetation. P. The pool and pool equipment area shall be screened with landscaping. Sound attenuating equipment shall be installed to dampen the sound from the pool equipment area and the pool pump. The project shall utilize the most quiet and technologically advanced equipment to dampen the sound. Per LA County Building Code, pool barrier/fencing shall be required. Reso. 2017-12 9 ` 3 0 Poppy Trail. If required by the Building Official a safety pool barrier shall be constructed. Q. 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 requirements and material requirements for properties in the Very High Fire Hazard Severity Zone. A copy of the Fire Department approved Fuel Modification plan and certification shall be deposited with the City. R. All utility lines to all structures on the lot shall be placed underground, subject to all applicable standards and requirements. S. Hydrology, soils, geology and other reports, as required by the Building and Public Works Departments, and as may be required by the Building Official, shall be prepared. T. Perimeter easements, including roadway easements and trail easement, 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. U. Minimum of 65% 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. V. 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. W. During construction, to the extent feasible, all parking shall take place on the project site, but if necessary, any overflow parking may take place within the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian passage. During construction, to the maximum extent feasible,employees of the contractor shall car-pool into the City. To the extent feasible, a minimum of 4' wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and be clear of vehicles, construction materials and equipment at all times. A flagmen shall be used to direct traffic when necessary, including during delivery of large construction equipment or materials. X. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical Reso. 2017-12 10 0 Poppy Trail. equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Y. 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: http://www.wrh.noaa.gov/lox/main.php?suite=s of ety&page=hazard_def initions #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. Z. 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, cisterns, and storm water drainage facilities management and to the City's Low Impact development Ordinance (LID), if applicable. Further the property owners shall be required to conform to the County Health Department requirements for a septic system. AA. Prior to finaling of the project an "as graded" and "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. AB. 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,, ATTEST: F, CHAIRMAN 1'E HALL, INTERIM CITY CLERK OPTED THIS 15th DAY OF AUGUST 2017. 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. Reso. 2017-12 0 Poppy Trail. 11 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2017-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW RESIDENCE WITH GARAGE, AND ACCESSORY AMENITIES; A CONDITIONAL USE PERMIT TO CONSTRUCT A GUEST HOUSE AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE THAN PREVIOUSLY APPROVED FOR THE LOT, FOR HIGHER THAN 5' PRIVACY WALL AND TO LOCATE PORTION OF THE POOL AND COVERED PATIO IN THE FRONT YARD OF THE PROPERTY IN ZONING CASE NO. 922 AT 0 POPPY TRAIL, (LOT 90-BA-RH), (SERPA). A MITIGATED NEGATIVE DECLARATION (MND) FOR THE PREVIOUSLY APPROVED PROJECT WAS ADOPTED ON OCTOBER 5, 2010 AND AMENDED ON FEBRUARY 11, 2011. AN ADDENDUM TO THE MND REFLECTING THE CURENTLY PROPOSED MODIFICATION TO DISTURBANCE OF THE LOT HAS BEEN PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) R EQUIREMENTS. was approved and adopted at regular meeting of the Planning Commission on August 15, 2017 by the following roll call vote: AYES: Commissioners Cardenas, Cooley and Chair Chelf. NOES: None. ABSENT: Commissioners Kirkpatrick and Seaburn. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices -evil/ jira. YV 1" 1'E HALL, INTERIM CITY CLERK Reso. 2017-12 0 Poppy Trail. 12 Agenda Item No: 5-B Mtg. Date: 08/28/17 MEMORANDUM TO RECUSE TO: Honorable Mayor and Members of the City Council FROM: Yvette Hall, Interim City Clerk SUBJECT: Zoning Case No. 924 7 Portuguese Bend Road DATE: August 28, 2017 Due to the proximity of the property of Councilmember Pieper to the subject property, Councilmember Pieper should recuse himself from consideration of Zoning Case No. 924 at 7 Portuguese Bend Road. He may, however, take a seat in the audience and participate as a resident. gest al Relag, qtaa INCORPORATED JANUARY 24, 1957 TO: FROM: THRU: SUBJECT: APPLICANT: REPRESENTATIVE: PUBLISHED: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 5B Mtg. Date: 08-28-17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL JULIA STEWART, ASSISTANT PLANNER YOLANTA SCHWARTZ, PLANNING DIRECTOR ia RAYMOND R. CRUZ, CITY MANAGER RESOLUTION NO. 2017-13. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF FOUR RESIDENTIAL ADDITIONS TOTALING 917 SQUARE FEET, A 200 SQUARE FOOT TRELLIS, TWO TERRACES, AND ANY RELATED IMPROVEMENTS IN ZONING CASE NO. 924 AT 7 PORTUGUESE BEND ROAD, LOT 41-RH, (MARTIN). KEN MARTIN RUSS BARTO, ARCHITECT DON LORDS, AGENT • JULY 7, 2017 REQUEST AND PLANNING COMMISSION ACTION Recommendation It is recommended that the City Council receive and file this report or provide other direction to staff. Request The applicant is requesting the following: ZC NO. 924 7 Portuguese Bend Road 0 1 Site Plan Review The applicant is requesting a Site Plan Review for residential additions to and remodeling of the existing residence and garage increasing the square footage of the living area by 917 square feet. These additions will cause an increase in the ridgeline by 3 feet six inches. Also proposed are front and back terraces, 410 and 500 square feet respectively, and a 200 foot trellis on the west side of the residence. The property was designated for "restricted development." Without this designation the proposed project would have only needed a ministerial administrative review (over the counter). Removal of "Restricted Development" Designation The applicant also requested the "restricted development" designation on the property be removed. The designation was placed on the property when a previous owner was permitted to make a significant residential addition. Only a very small breezeway was ever constructed from the previous approval so the applicant requested that the designation removal be considered. Planning Commission Review The Planning Commission first viewed the project in the field, opened the hearing to enable brief public testimony and continued the meeting to the evening meeting of the Planning Commission on July 18, 2017. The Planning Commission directed staff to prepare a resolution including lifting the "restricted development" designation. At its regular evening meeting held on August 15, 2017, the Planning Commission approved the resolution for the project. PROJECT DESCRIPTION AND BACKGROUND The Project The applicant is proposing construction of a series of new residential additions including front and back patio/terraces less than 12 inches in height, a rubble wall bordering the front terrace, and a new trellis in the backyard. Demolition The applicant proposes to demolish only walls of the existing residence where additions to the house are proposed which will be less than 50% of the total linear feet of the exterior walls. Zoning, Land Size and Existing Conditions The property is zoned RAS-1 and the lot area excluding the roadway easements is 0.93 acres. The property is located on a corner so it has roadway easements on three sides. For development purposes the net lot area of the lot is 32,800 square feet, 0.75 acres. Records show that the original existing house and garage was constructed in 1939 with later additions to both the residence and garage. The current existing residence is 2,966 square feet with a 836 square foot garage. MUNICIPAL CODE COMPLIANCE Grading The project requires no grading. ZC No. 924 7 Portuguese Bend Road 2 Disturbance An additional 3,600 square feet of the lot is proposed to be disturbed or 10.9%. The existing disturbed area of the lot is 7,500 square feet or 22.9%. The proposed project will result in 33.8% disturbance or 11,100 square feet of overall disturbed area. Height The proposed maximum ridge height will be 20 feet above grade, stepping down to 18 feet 6 inches and 15 feet 6 inches moving north. The garage ridge will be 14 feet 6 inches. The maximum ridge height of the existing house is 16 feet 6 inches above grade. Driveway There will be no change in the existing circular driveway with two entry points, one on Portuguese Bend Road and the other on Blackwater Canyon Road. Drainage There will be no changes to the drainage on the property. Existing drainage courses are to remain. Lot Coverage The structural net lot coverage is proposed at 5,407 square feet or 16.5% (20% max. permitted). The total lot coverage proposed (structural and flatwork) will be 9,807 square feet or 29.9% (35% max. permitted). Walls A rubble wall less than 3 feet tall will border the terrace located in front of the residence. Approximately 5 feet of the terrace will encroach into the front yard setback. However, due to the height of the terrace and the rubble wall, the encroachment is allowable. Trellis and Terraces A 200 square foot terrace is proposed to traverse the 500 square foot terrace located to the rear of the residence. A 410 square foot terrace in front of the residence is also proposed and it is to be bordered by a rubble wall measuring less than 3 feet in height. Both terraces are patios that extend out from the finished floor of the home and do not exceed 12 inches. Utility Lines/ Septic Tank It will be a requirement that utility lines to the residence be placed underground. There are no known proposed changes to the existing septic tank. Stable set -aside A set aside area of 1,000 square feet is identified in the rear of the property for a future stable and corral. ZC No. 924 7 Portuguese Bend Road 3 General All proposed changes to the property are located within the acceptable setback areas and allowable areas of coverage. The proposal is consistent with the General Plan and Zoning for the site. Rolling Hills Community Association Review Rolling Hills Community Association will review this project at a later date. Planning Commission Responsibilities When reviewing a development application, the Planning Commission must consider whether, the proposed project meets the criteria for a Site Plan Review as attached below. Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA), Class 1, Section 15301(3). Development Comparables ZC NO. 924 NEARBY PROPERTIES (For information only) Address House size in sq.ft. (built) Acres (excl. roadway easements) 2 Acacia Lane 3,909 (1948) 0.94 9 Portuguese Bend Road 3,605 (1936) 1.07 2 Lower Blackwater Canyon Road 4,020 (1939) 1.93 7 Acacia Road 4,189 (1937) 1.43 5 Acacia Road 2,205 (1937) 1.78 2 Eucalyptus Lane 5,110 (1971) 1.11 7 Portuguese Bend Road Existing 2,966 Proposed 3,883 0.93 NOTE: The above do not include garages, basements and other accessory structures. SOURCE: Assessors' records ZC No. 924 7 Portuguese Bend Road 4 Proiect Summ Sl1E PLAN REVIEW EXISTING PROPOSED RAS- 1 ZONE SETBACKS SINGLE FAMILY RESIDENCE WITH GARAGE RESIDENTIAL ADDITION Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from rear easement line STRUCTURES Residence Garage Trellis Covered Porches Service Yard 2,966 sq.ft. 836 sq.ft 0 sq.ft. 224 sq. ft. 264 sq. ft. Residence Garage Trellis Covered Porches Service Yard 3,883 sq.ft. 836 sq.ft 200 sq. ft 224 sq. ft. 264 sq. ft.. (Site Plan Review required for new residence and if size of structure increases by more than 999 s.f. in a 36 -month period). TOTAL EXISTING 4,290 sq.ft TOTAL PROPOSED 5,407 sq.ft STRUCTURAL LOT COVERAGE 13.07% 16.5% (20% maximum) TOTAL LOT COVERAGE 20.8% 29.9% (35% maximum) BUILDING PADS (30% guideline) 21.7% 23.8% Residential GRADING N/A No grading required 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 22.9% 33.8% or 11,100 sq.ft. of the net lot area (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 SQ.FT. Future - set aside Future - set aside & 550 SQ.FT. CORRAL) STABLE ACCESS N/A N/A ROADWAY ACCESS Existing driveway approaches Same as existing VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review SITE PLAN REVIEW CRITERIA 17.46.010 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. ZC No. 924 7 Portuguese Bend Road 5 17.46.050 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. ZC No. 924 7 Portuguese Bend Road 6 RESOLUTION NO. 2017-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF RESIDENTIAL ADDITIONS IN FOUR DIFFERENT AREAS OF THE STRUCTURE TOTALING 917 SQUARE FEET, A 200 SQUARE FOOT TRELLIS, TWO TERRACES, AND RELATED IMPROVEMENTS IN ZONING CASE NO. 924 AT 7 PORTUGUESE BEND ROAD, LOT 41-RH, (MARTIN). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Ken Martin with respect to real property located at 7 Portuguese Bend Road, Rolling Hills (Lot 41-RH) requesting a Site Plan Review for the construction of residential additions along four areas of the existing residence totaling 917 square feet, a 410 square foot terrace in the front of the residence bordered by a less than 3 foot rubble wall, a 500 square foot terrace in the rear of the residence bordered by a less than three foot rubble wall and a 200 square foot trellis over a portion of the rear terrace. Section 2. The applicant also requests the "restricted development" designation on the property be removed. Section 3. The Planning Commission conducted duly noticed public hearings held on July 18, 2017, in the field, and continued the meeting to the evening meeting of July 18, 2017. During the field trip public hearing, the Commission directed staff to prepare a Resolution of approval to be considered by the Planning Commission at their August 15, 2017 regularly scheduled meeting. However, for lack of a quorum for this case at the August 15, 2017 meeting, a special meeting was called and the public hearing was changed from August 15, 2017 to August 8, 2017. Neighbors within 1,000 -foot radius were notified of the public hearings and a notice was published in the Peninsula News on July 7, 2017 and in the Daily Breeze on July 28, 2017. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicants and agents were in attendance at the hearings evidence was heard and presented from all person interested in affecting said proposal, and from members of the City staff. Section 4. The Planning Commission finds that the project is exempt from the California Environmental Quality Act, (CEQA) pursuant to Class 1, Section 15301(3) of the CEQA guidelines. Section 5. Site Plan Review. Due to the "restricted development" designation of the property imposed by Resolution No. 97-24 in Zoning Case No. 563 and Resolution No. 2000-07 on Zoning Case No. 612, where large additions and a Variance were proposed, Site Plan Review and approval is required before any improvements can be made to the property. With respect to the Plans submitted for the development, the Planning Commission hereby =approves the request for Site Plan Review in Zoning Case No. 924 to build the proposed project and makes the following findings: 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 setbacks to provide buffers between residential uses. The net lot area of the Resolution No. 2017-13 7 Portuguese Bend Road -1- property is 0.75 acres which is just below the requirements of the RAS-1 zone. None of the proposed new structures are in setbacks beyond the allowable proposed flatwork and rubble wall. The project conforms to Zoning Code lot coverage requirements. The net lot area of the property is 32,800 square feet. The structural net lot coverage is proposed at 5,407 square feet or 16.5%, 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 9,807 square feet or 29.9%, (35% max. permitted). The disturbed area of the lot is proposed to be 33.8% which is below the 40% maximum disturbance. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The configuration of the lot has 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 location of structures on the lot are consistent with surrounding development, and are 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 project has a designated set aside area for a stable and corral and thereby promotes equestrian uses, therefore, furthering the City's goal to remain an equestrian community. C. The proposed development, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. The development plan takes into consideration the visibility from all roadway easements with the largest residential addition being located in the least visible portion of the property. D. If landscaping is introduced , it must be compatible with and enhance the rural character of the community, and the landscaping should provide a buffer or transition area between private and public areas. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because there will be no change to the two existing driveway aprons. There is ample parking in the garage and there is parking for guests on site. Section 6. Based upon the foregoing findings, and the evidence in the record, the Planning Commission hereby approves Zoning Case No. 924 request for the construction of residential additions in four areas of the residence totaling 917 square feet, a 410 square foot terrace in the front of the residence bordered by a less than 3 foot rubble wall, a 500 square foot terrace in the rear of the residence bordered by a less than three foot rubble wall, and a 200 square foot trellis over a portion of the rear terrace and amends Resolution No. 97-24 in Zoning Case No. 563 and Resolution No. 2000-07 in Zoning Case No. 612 to remove the restricted development condition, subject to the following conditions: A. The Site Plan Review approval shall expire within two years from the effective date of approval as defined in Sections 17.46.080 unless otherwise extended pursuant to the requirements of these sections. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, Resolution No. 2017-13 7 Portuguese Bend Road -2- CD. other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the Planning Commission. The hearing shall be scheduled at the next regular meeting of the Planning Commission for which the agenda has not yet been posted; the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The Planning Commission shall make a determination as to whether a violation of this Resolution has occurred. If the Planning Commission determines that a violation has not occurred or has been cured by the time of the hearing, the Planning Commission will lift the suspension and the stop work order. If the Planning Commission determines that a violation has occurred and has not yet been cured, the Planning Commission shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Planning Commission to accomplish the cure If the violation is not cured by the deadline, the Planning Commission may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). 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. D. The lot shall be developed and maintained in substantial conformance with the site plan on file received on July 10, 2017 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 approval 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. Resolution No. 2017-13 7 Portuguese Bend Road -3- G. Structural lot coverage of the lot shall not exceed 5,407 square feet (with deductions) or 16.5% 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 9,807 (with deductions) or 29.9%, of the net lot area, in conformance with lot coverage limitations (35% max). H. No grading shall take place for the proposed project. The disturbed area of the lot, including the approved stable and corral set aside shall not exceed 33.8%. I. Any restricted development designation or requirement to undergo Site Plan Review for reasons other than Site Plan Review as it is required in RHMC Section 17.46. is hereby removed. J. The property on which the project is located shall contain a set aside area to provide an area meeting all standards for a stable and corral with adequate horse access. K. A minimum of five-foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of all structures, or as otherwise required by the Fire Department. L. 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. M. All utility lines to the residence and garage shall be placed underground, subject to all applicable standards and requirements. N. A drainage plan, if 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. O. If applicable, the new landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18of the RHMC). P. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain marked throughout the construction. A construction fence may be required. Q. 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. R. Minimum of 65% 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. S. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that Resolution No. 2017-13 7 Portuguese Bend Road -4- l,0 people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. T. During construction, all parking shall take place on the project site, and if necessary, any overflow parking may take place within the unimproved roadway easements adjacent to the project site only, and shall not obstruct neighboring driveways as much as feasible. During construction, to the maximum extent feasible, employees of the contractor shall car-pool into the City. To the maximum extent possible, a minimum of 4' wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage shall be available and be clear of vehicles, construction materials and equipment at all times. U. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. V. 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: http://«v.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. W. 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. Further the property owners shall be required to conform to the County Health Department requirements for a septic system, if a new septic system is required. X. Prior to fmaling of the project an "as constructed" set of 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" plan. Y. 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, APPROVED AND ADOPTED THIS 8th DAY OF AUGUS 17. B CHAIRMAN ATTEST: ettE _9444 TTE HALL, INTERIM CITY CLERK F Resolution No. 2017-13 7 Portuguese Bend Road 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. Resolution No. 2017-13 7 Portuguese Bend Road -6- STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2017-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF RESIDENTIAL ADDITIONS IN FOUR DIFFERENT AREAS OF THE STRUCTURE TOTALING 917 SQUARE FEET, A 200 SQUARE FOOT TRELLIS, TWO TERRACES, AND RELATED IMPROVEMENTS IN ZONING CASE NO. 924 AT 7 PORTUGUESE BEND ROAD, LOT 41-RH, (MARTIN). was approved and adopted at a special meeting of the Planning Commission on August 8, 2017, by the following roll call vote: AYES: Commissioners Cooley, Kirkpatrick, Seabum and Chair Chelf. NOES: None. ABSENT: Commissioner Cardenas. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Resolution No. 2017-13 7 Portuguese Bend Road INTERIM CITY CLERK Agenda Item No: 5-C Mtg. Date: 08/28/17 MEMORANDUM TO RECUSE TO: Honorable Mayor and Members of the City Council FROM: Yvette Hall, Interim City Clerk SUBJECT: Zoning Case No. 926 6 Meadowlark Lane DATE: August 28, 2017 Due to the proximity of the property of Councilmember Pieper to the subject property, Councilmember Pieper should recuse himself from consideration of Zoning Case No. 926 at 6 Meadowlark Lane. He may, however, take a seat in the audience and participate as a resident. 814 al Raffia, get4 INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 5-C Mtg. Date: 08-28-17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JULIA STEWART, ASSISTANT PLANNER YOLANTASCHWARTZ, PLANNING DIRECTOR THRU: RAYMOND R. CRUZ, CITY MANAGER f SUBJECT: RESOLUTION NO. 2017-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITION USE PERMIT FOR CONSTRUCTION OF A 779 SQUARE FOOT STABLE, AND 3,290 SQUARE FOOT CORRAL IN ZONING CASE NO. 926 AT 6 MEADOWLARK LANE, LOT 20-RH, (DUNLAP). APPLICANT: MICHAEL DUNLAP REPRESENTATIVE: MICHAEL DUNLAP PUBLISHED: JULY 7, 2017 REQUEST AND PLANNING COMMISSION ACTION Recommendation It is recommended that the City Council receive and file this report or provide other direction to staff. Request The applicant is requesting the following: Conditional Use Permit A Conditional Use Permit is requested for the construction of a 779 square foot stable which includes a 187 square foot loft and 592 square foot footprint, 176 square feet of attached covered porches, and a 3,290 square foot corral. ZC NO. 926 6 Meadowlark Lane 1 Planning Commission Review and Neighbor Communication The Planning Commission first viewed the project in the field, opened the hearing to enable brief public testimony and continued the meeting to the evening meeting of the Planning Commission on July 18, 2017 and directed staff to prepare a resolution of approval. At its regular evening meeting held on August 15, 2017, the Planning Commission approved the resolution for the project. No residents expressed any concern related to the project PROJECT DESCRIPTION AND BACKGROUND The Project The applicant is proposing construction of a new stable and corral. Demolition No demolition will be necessary for the project. Zoning, Land Size and Existing Conditions The property is zoned RAS-1. The net lot area of the property is 63,163 square feet or 1.45 acres. Existing improvements on the property include a residence, swimming pool, and guesthouse. The residence was originally constructed in 1951 and major addition and renovations were made in 1997. When the improvements were made in 1997, the pad for the stable was graded but no stable was constructed. The proposed design of the stable is the same as was approved in 1997. In 2012 the pool and other outdoor amenities were reconstructed. MUNICIPAL CODE COMPLIANCE Grading A pad for the stable and corral was previously approved and graded under a different permit. Therefore, no grading is needed for the proposed stable construction. Disturbance The existing disturbance on the property is 45%. Because this was previously approved and the construction of the stable and corral falls within all earlier disturbed areas, no variance is needed for the proposed project. Height The highest finished roof height of the proposed stable will be 18 feet tall. Covered Porches The stable will have 176 square feet of covered porches. The total square footage covered by the stable and the covered porches is 955 square feet. Stable Access The existing access road to the proposed stable pad is located on the southeasterly side of the property and is constructed of concrete with a roughened surface. ZC No. 926 6 Meadowlark Lane Drainage Drainage will be reviewed by Building and Safety and must conform to the standards required by the County for a building permit. Lot Coverage The structural net lot coverage is proposed at 6,720 square feet or 10.6% (20% max. permitted). The total lot coverage proposed (structural and flatwork) will be 13,219 square feet or 20.6% (35% max. permitted). The stable building pad (previously graded at 4,245 square feet) has a proposed pad coverage of 779 square feet or 18.4%, with deductions. CONDITIONAL USE PERMIT TABLES A Conditional Use Permit is required for the stable and corral. Stable Requirements The proposed stable will be two stories and contain 779 square feet with a 187 square foot loft and 176 square feet of covered porches. The following requirements must be met for a stable: Pursuant to the zoning code requirements of section 17.18.060 the following is applicable to this request: REQUIREMENTS PROPOSED Not less than 6' wide roughened access Existing 7' wide paved surface access from driveway, to be roughened. Stable, corral not to be located on slopes greater than 4:1 Located on area with a slope no greater than 4:1 Not in front yard or side or front setback. May be located up to 25' in rear setback. Stable and corral comply Min. 35' from any residential structure 37' to nearest residential structure on subject property Building to be designed for rural and agricultural uses only, but may include storage of vehicles and household items Building is proposed to look like a stable and be used for a stable Size to include the entire footprint including loft, if any 592 sq.ft. footprint; 187 sq. ft. loft is proposed within footprint. 779 sq.ft. total. Minimum of 60% shall be maintained for agricultural uses Agricultural spaces include 2 stalls and a feed room of 592 sq.ft. or 76% Maximum of 40% not to exceed 800 s.f. may be maintained for a tack room Tack room of 187 sq.ft. or 24.0% of the structure Tack room may have sanitary and kitchenette amenities No proposed bathroom Tack room may have glazed openings Windows in tack room are proposed Entry doors to agricultural space to be min. 4'wide & 8' high; appearance of a stable door To comply with City's requirement. Loft is permitted 187 sq. ft. loft proposed Loft plate height may not exceed 7' Proposed loft plate height of 7 feet Exterior area of stables may not to be paved Project will comply with standard Corral shall be fenced Proposed fenced corral Access not to exceed 25% Access proposed at 19.5-24% grade ZC No. 926 6 Meadowlark Lane REQUIREMENTS Corral to be contiguous to stable. Planning Commission may determine the size of a coral based on the size of the stable PROPOSED 3,290 s.f. corral contiguous to stable. Commercial uses or sleeping is not allowed Applicant is not proposing any commercial uses or sleeping in the stable Utility Lines Any new utility lines connecting to the stable will be placed underground. General The applicant states the following regarding the project: "The size and construction plans for the stable have been previously approved by the Rolling Hills Planning Commission [1997] and meets CUP conditions. The grading of the pad and construction site has already been performed. Also, the driveway to the stable has already been constructed." Rolling Hills Community Association Review Rolling Hills Community Association will review this project at a later date. Planning Commission Responsibilities When reviewing a development application, the Planning Commission must consider whether the proposed project meets the criteria for a Conditional Use Permit, as seen below. Environmental Review The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) under Class 3, Section 15303. Project Summary EXISTING PROPOSED RA -S- 2 ZONE SETBACKS SINGLE FAMILY RESIDENCE WITH GARAGE , GUESTHOUSE, AND POOL. SINGLE FAMILY RESIDENCE WITH GARAGE, GUESTHOUSE, POOL, & STABLE Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from rear easement line STRUCTURES Residence Garage Pool/Spa Stable Guest House Service yard Pool Equipment Outdoor kitchen Pilasters 3,653 sq.ft. 589 sq.ft 530 sq.ft. 0 sq.ft. 800 sq.ft. 96 sq.ft. 24 sq.ft. 211 sq.ft. 38 sq.ft. Residence Garage Pool/Spa Stable Guest House Service yard Pool Equipment Outdoor kitchen Pilasters 3,653 sq.ft. 589 sq.ft. 530 sq. ft. 779 sq.ft. 800 sq. ft. 96 sq. ft. 24 sq. ft. 211 sq.ft 38 sq.ft (Site Plan Review required for new residence and if size of structure increases by more than 999 s.f. in a 36 -month period). TOTAL EXISTING 5,941 sq.ft TOTAL PROPOSED 6,720 sq.ft - ZC No. 926 6 Meadowlark Lane EXISTING PROPOSED STRUCTURAL LOT 9.1% 10.6% COVERAGE (20% maximum) TOTAL LOT COVERAGE 18.3% 20.6% (35% maximum) BUILDING PADS (30% Residence pad 37.4% Pool / Guesthouse 14.7% Stable pad 0% Residence pad 37.4% Pool/Guesthouse 14.7% Stable pad 18.4% guideline) Residence, pool, other miscl. structures Pool/Guest House Stable GRADING N/A 0 cubic yards 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% 45% (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 SQ.FT. 0 sq.ft. 779 sq. ft. stable and 3,290 sq. ft. corral proposed & 550 SQ.FT. CORRAL) STABLE ACCESS Roughened pathway Roughened pathway ROADWAY ACCESS Existing driveway approach Existing driveway approach VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 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; ZC No. 926 6 Meadowlark Lane 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. Request is consistent with the general plan of the City of Rolling Hills. ZC No. 926 6 Meadowlark Lane RESOLUTION NO. 2017-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITION USE PERMIT FOR CONSTRUCTION OF A 779 SQUARE FOOT STABLE, AND 3,290 SQUARE FOOT CORRAL IN ZONING CASE NO. 926 AT 6 MEADOWLARK LANE, LOT 20-RH, (DUNLAP). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Michael Dunlap with respect to real property located at 6 Meadowlark Lane, Rolling Hills (Lot 20-RH) requesting a Condition Use Permit for the construction of a 779 square foot stable, including a loft, and a 3,290 square foot corral. Section 2. The Planning Commission conducted duly noticed public hearings held on July 18, 2017, in the field, and continued the meeting to the evening meeting, at which they directed staff to prepare a resolution of approval. The resolution of approval was reviewed an approved at the regular evening Planning Commission meeting on August 15, 2017. Neighbors within 1,000 -foot radius were notified of the public hearings and a notice was published in the Peninsula News on July 7, 2017. The applicants and their agents were notified of the public hearings in writing by first class mail and the applicants and agents were in attendance at the hearings. Evidence was heard and presented from all person interested in affecting said proposal, and from members of the City staff. Section 3. The Planning Commission finds that the project is exempt from the California Environmental Quality Act, (CEQA) pursuant to Class 3, Section 15303 of the CEQA guidelines. Section 4. Conditional Use Permit. 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 779 square foot stable and 3,290 square foot corral comply with all requirements of these sections. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. Conditionally permitted uses are not outright permitted by the Rolling Hills Municipal Code. The Planning 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 and corral would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, and meets all the applicable code development standards for such uses, and they are located in the 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 Resolution No. 2017-14 6 Meadowlark Lane -1- containing sleeping quarters. The stable/corral will be constructed in furtherance of the General Plan goal of promoting and encouraging equestrian uses. 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 stable/corral use is located mostly in the middle of a 1.71 acre lot and the general location is 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 access roughened for equestrian uses that runs from the stable to the road is separate from the other outdoor living areas on the property. D. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the proposed uses comply 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 1.45 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 with the corral will promote open space on the pad. E. The proposed conditional use complies with all applicable development standards of the zone district and requires Conditional Use Permits pursuant to Sections 17.18.060 and 17.18.090 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 5. Based upon the foregoing findings, and the evidence in the record, the Planning Commission hereby approves Zoning Case No. 926 request for a Conditional Use Permit for the construction of a 779 square foot stable, consisting of a 187 square foot loft and 592 square foot first level and a 3,290 square foot corral, subject to the following conditions: A. The Conditional Use Permit approval shall expire within two years from the effective date of approval as defined in Section 17.42.070, unless otherwise extended pursuant to the requirements of this section. B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the Planning Commission. The hearing shall be scheduled at the next regular meeting of the Planning Commission for which the agenda has not yet been posted; the Resolution No. 2017-14 6 Meadowlark Lane -2- (-0. Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The Planning Commission shall make a determination as to whether a violation of this Resolution has occurred. If the Planning Commission determines that a violation has not occurred or has been cured by the time of the hearing, the Planning Commission will lift the suspension and the stop work order. If the Planning Commission determines that a violation has occurred and has not yet been cured, the Planning Commission shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Planning Commission to accomplish the cure If the violation is not cured by the deadline, the Planning Commission may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). 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. D. The lot shall be developed and maintained in substantial conformance with the site plan on file received on July 11, 2017 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 Conditional Use Permit approval 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 6,720 square feet (with deductions) or 10.6% of the net lot area, in conformance with lot coverage limitations (20% maximum). Resolution No. 2017-14 6 Meadowlark Lane -3- The total lot coverage proposed, including structures and flatwork, shall not exceed 13,219 square feet (with deductions) or 20.6%, of the net lot area, in conformance with lot coverage limitations (35% max). H. There shall be no grading for this project. The disturbed area of the lot, including the approved stable and corral shall not exceed the existing 45%. I. The stable pad exists at 4,245 square feet and shall not exceed 779 square feet of coverage or 18.4% with allowed deductions. J. The 187 square foot loft may be used as a tack room, and shall not exceed 24% of the size of the structure. The agricultural uses shall not be less than 76% of the size of the structure. The stable uses and interior and exterior design are subject to the requirements of Section 17.18.060 of the Zoning Ordinance. The surface of the corral, paddock and areas adjacent to the agricultural portion of the stable shall remain permeable at all times, and may not be paved. K. Access to the stable and to the corral shall be roughened material. L. A minimum of five-foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of the proposed structure. M. 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. N. 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. O. All utility lines to the stable shall be placed underground, subject to all applicable standards and requirements. P. A drainage plan, if required by the Building Department, may be prepared and approved by City Staff prior to issuance of a construction permit. Such plan would be subject to LA County Code requirements. Q. A landscaping plan shall be submitted to the City in conformance with Fire Department Fuel Modification requirements if required by LA County. If a landscaping plan is required, 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 frees and shrubs are to be planted in conformance with the landscaping plans for Resolution No. 2017-14 6 Meadowlark Lane -4- this project. 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. R. Any new landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance, (Chapter 13.18of the RHMC). S. The setback lines and roadway easement lines in the vicinity of the construction for this project shall remain marked throughout the construction. A construction fence may be required. T. 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. U. Minimum of 65% 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. V. 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. W. During construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place as much as possible within the unimproved roadway easements on Meadowlark 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. X. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Y. 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: http //www.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. Z. 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). Further the property owners shall be required to conform to the County Health Department requirements for a septic system if a new system is required. Resolution No. 2017-14 6 Meadowlark Lane AA. Prior to finaling of the project an "as constructed" set of plans and certifications, including certifications of ridgelines of the structure, 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" plan. AB. 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, APPROVED AND ADOPTED THIS 15th DAY OF AUGUST 2017. 1 - CHHLF, CHAIRMAXI ATTEST: YVET HALL, INTERIM CITY CLERK 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. Resolution No. 2017-14 6 Meadowlark Lane -6- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2017-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR A CONDITION USE PERMIT FOR CONSTRUCTION OF A 779 SQUARE FOOT STABLE, AND 3,290 SQUARE FOOT CORRAL IN ZONING CASE NO. 926 AT 6 MEADOWLARK LANE, LOT 20-RH, (DUNLAP). was approved and adopted at a regular meeting of the Planning Commission on August 15, 2017, by the following roll call vote: AYES: Commissioners Cardenas, Cooley and Chair Chelf. NOES: None. ABSENT: Commissioners Kirkpatrick and Seaburn. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. FE HALL, INTERIM CITY CLERK Resolution No. 2017-14 6 Meadowlark Lane -7- 64 al Raffigo qte,6 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 8-A Mtg. Date: 08/28/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: WAIVE FULL READING AND INTRODUCE ON FIRST READING ORDINANCE NO. 353 - AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. DATE: AUGUST 28, 2017 ATTACHMENTS: Proposed Ordinance No. 353 RECOMMENDATION Staff recommends that the City Council waive full reading and adopt the following: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAI'1'hR 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. BACKGROUND During the deliberations concerning peafowl trapping over the last two City Council meetings, it was found that there are residents who are feeding feral peafowl that is compounding the spike in the peafowl population. Residents spoke about this concern and believed there is a need to have an ordinance within Rolling Hills' Municipal Code to prohibit this practice. Through staff's research, it was found that the City of Rolling Hills has no ordinance to prohibit the feeding of peafowl. However, there is a State law that prohibits the harassment of animals that includes the feeding of nongame birds. But since peafowl are not classified as "wildlife"' by the State Department of Fish and Wildlife, the law does not apply because they are considered "feral". When it comes to other cities' regulations, both the cities of Rancho Palos Verdes (RPV) and Rolling Hills Estates (RHE) have adopted Title 10 from the County of Los Angeles Code that prohibits providing food to certain animals that includes peafowl. Therefore, at the August 14, 2017 meeting, the City Council requested that staff develop a similar ordinance and bring it forward for its consideration at its next meeting. DISCUSSION The feeding of feral birds and animals results in an increase in their numbers and a concomitant increase in the deposit of fecal matter on property detrimental to public health and hygiene. Feeding feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of feral birds and animals. "Feral birds and animals" means all birds and animals that are born in or have reverted to the wild, and are not domesticated or tamed, including but not limited to peafowl, crows, pigeons, seagulls, coyotes, opossums, skunks, raccoons and nondomesticated rodents. NOTIFICATION Rolling Hills Community Association, Flying Mane Road residents and other residents that addressed the City Council on this issue previously. RC:yh ORDINANCE NO. 353 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Findings. The feeding of feral birds and animals results in an increase in their numbers and a concomitant increase in the deposit of fecal matter on property detrimental to public health and hygiene. Feeding feral animals also attracts rodents, possums and insects that constitute a public nuisance. Fecal matter generated by the feeding of feral birds and animals is being washed into storm drains, causing an increase in bacteria and virus levels in storm water runoff, eventually making its way to the Pacific Ocean and degrading water quality. In the interest of protecting and promoting the public health, safety, and general welfare, the City Council desires to prohibit the feeding of feral birds and animals. Section 2. A new Chapter 6.64 is hereby added to Title 6 (Animals) of the Rolling Hills Municipal Code to read as follows. Chapter 6.64 FEEDING OF FERAL BIRDS AND ANIMALS Sections: Section 6.64.010. Feeding of Feral Birds and Animals Prohibited. Except as provided below, it is unlawful for any person to feed or offer food to any feral birds or animals at any place in the city. For purposes of this section, "feeding" and "offering food" includes but is not limited to placing, scattering, exposing, leaving outdoors, or distributing any food, seed or other edible material in a manner that is intended to attract, entice or be available and accessible to feral birds or animals. "Feral birds and animals" means all birds and animals that are born in or have reverted to the wild, and are not domesticated or tamed, including but not limited to peafowl, crows, pigeons, seagulls, coyotes, opossums, skunks, raccoons and nondomesticated rodents. Nothing in this section shall be deemed to prohibit: A. Above -ground bird feeders. B. Keeping, treating or feeding wildlife pursuant to a valid certificate or permit issued by the State of California or an agency of the United States government. Ordinance No. 353 C. Feeding of a feral bird or animal between the time animal control is notified and the time the animal or bird is picked up. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this day of , 2017. JAMES BLACK MAYOR ATTEST: YVETTE HALL INTERIM CITY CLERK Ordinance No. 353 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 353 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADDING A NEW CHAPTER 6.64 TO THE ROLLING HILLS MUNICIPAL CODE PROHIBITING THE FEEDING OF FERAL BIRDS AND ANIMALS was approved and adopted at a regular meeting of the City Council on , 2017 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. YVETTE HALL INTERIM CITY CLERK Ordinance No. 353 3 gegf aiiRaia<if qest4 INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 10A Mtg. Date: 08/28/17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RAYMOND R. CRUZ, CITY MANAGER Y lt JULIA STEWART, ASSISTANT PLANNER SUBJECT: DISCUSSION AND POSSIBLE DIRECTION CONCERNING THE CITY OF ROLLING HILLS PARTICPATING IN A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM TO PROVIDE RESIDENTS FUTURE ENERGY OPTIONS DATE: AUGUST 28, 2017 BACKGROUND In an attempt to explore future energy options for the City of Rolling Hills while lowering power rates for residents, the City Manager and staff have researched Community Choice Aggregations (CCA) or rather, an authority that delivers power to a municipality by allowing for greater decision making privileges regarding rates and mix of energy sources. At the August 14, 2017 City Council meeting staff presented an overview of the definition of a Community Choice Aggregation (CCA) and various CCA types. As a result, the City Council directed staff to coordinate a presentation by County representatives of the Los Angeles Community Choice Energy (LACCE) program. DISCUSSION The LACCE program is attractive for the City of Rolling Hills because it has the ability to lower energy rates for residents with a realistic amount of participation in the program for a City representative. Under the LACCE program, residents are given energy options so that if they feel strongly about wanting to use more (or less) of certain types of renewable energy they have the ability to choose. And if residents do not want to change they can opt to go back to their current provider Edison. The responsibility for opting out of the energy plan selected by the City would LACCE presentation lie with the rate payer but, ultimately, the choice would be completely in the hands of each individual resident. As stated at the previous Council meeting, the City of Rolling Hills already has low emissions of greenhouse gases and does not need to direct jobs to inhabitants of the city, lowering energy rates becomes a larger priority. Therefore, the LACCE option offers the ability to lower rates with a reasonable commitment of staff participation in the program. LACCE Presentation A County representative of the LACCE program will be presenting the details about the joint power authority (JPA) that is in the process of being formed and the program being offered to participating cities. So, far the cities of Rolling Hills Estates, West Hollywood, Calabasas, and South Pasadena have jointed the JPA. Elements of the LACCE Program The energy program being offered through the County JPA includes the following elements: • Developing an electric supply portfolio that includes greenhouse gas intensities lower than the emissions produced currently by Southern California Edison (SCE). • Providing electricity rates that are lower, or at worst, competitive with those offered by SCE. • Forming a joint power authority with decision making authority and ability to conduct business to deliver power. o Including putting a representative from initially participating cities on the Board of Directors. o Not charging any fees to initial participants (cities) to join the JPA (until December 2017). • Protecting individual cities from any liability, including financial liability for debt. • Giving representatives on the Board of Directors one vote each (not multiple votes for only one entity). • Not charging cities for participation in the program. FISCAL IMPACT No Fiscal Impact to the City As stated on the previous staff report, Los Angeles County Supervisors were interested in helping cities in the County to participate in decisions regarding delivery of renewable energy. So, they approved $10 million as a 0% loan that is paid back in one year by the LACCE once it is established. That means there are no start up costs for the City to join and there is no risk to the City itself because the JPA, not the City, isresponsiblefor the loan. Any failure on the part of the JPA to repay the loan would not become the responsibility of the City. However, it is only free to join the LACCE CCA if the City joins during the first phase of the program. NEXT STEPS If the City of Rolling Hills wants to join the LACCE program, the City Council should begin the steps of approval immediately so as to join during the first phase. The other options are to have staff further investigate developing its own CCA or joining a different regional CCA. LACCE presentation ati qe INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 10-B Mtg. Date: 8/28/17 TO: FROM: TERRY SHEA, FINANCE DIRECTOR THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING JUNE 30, 2017. DATE: AUGUST 28, 2017 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTACHMENTS: SCHEDULE OF INVESTMENTS DASH BOARD REPORT CARD INVESTMENT ALLOCATIONS SUMMARY REPORT BY QUARTER Attached you will find the City's quarterly investment report for review. Pursuant to the City Council's direction, it is agendized under "Matters from Staff" in order that it receives an appropriate level of review by the City Council. Below are Cash and Yield comparative date from the fourth quarter as of June 30, 2017 to the third quarter as of March 31, 2017 and Year to Date Interest Income comparative data from the fourth quarter as of June 30, 2017 to the fourth quarter as of June 30, 2016. The Portfolio has been diversified by investment instrument and maturity between Money Market, LAIF, and FDIC insured Certificates of Deposits. Also, the CaIPERS CERBT Strategy 1 OPEB Irrevocable Trust results for the fourth quarter as of June 30, 2017 and Fiscal Year to Date FY 2016/2017. Cash & Yield Comparative Data 4th Quarter FY 2016/2017 to 3rd Quarter FY 2016/2017: Active Deposits Inactive Deposits Total Cash Portfolio Yield at Cost 4th Quarter FY 2016/17 $ 7,067,832 70,472 $ 7,138,304 0.982% 3rd Quarter FY 2016/17 Variance $ 6,541,337 $ 526,495 28,417 42,055 $ 6,569,754 $ 568,550 0.784% 0.198% YTD Interest Income Comparative Data 4th Quarter FY 2016/2017 to 4th Quarter FY 2015/2016: Annual Interest - Budget Total YTD Interest Earned Over (Under) Budget of Annual Budget 4th Quarter FY 2016/17 $ 30,475 38,948 $ 8,473 127.80% 4th Quarter FY 2015/16 $ 14,000 27,180 $ 13,180 194.14%, Ca1PERS CERBT Strategy 1 OPEB Irrevocable Trust results for the fourth quarter as of June 30, 2017 and Fiscal Year to Date FY 2016/2017. Beginning Balance Contribution Investment Earnings Administrative Expense Ending Balance 4th Quarter FY 2016/17 $ 535,678 14,371 (116) $ 549,933 $ 549,933 Fiscal YTD FY 2016/17 $ 513,094 37,288 (449) Note: Original Contribution December 2011 $354,733. We are pleased to answer any questions you may have. TS RC Investment Report cover memo.doc CITY OF ROLLING HILLS SCHEDULE OF INVESTMENTS as of June 30, 2017 INVESTMENT INSTITUTION ACTIVE DEPOSITS BOOK VALUE FAIR VALUE PAR PRICE (MARKET PURCHASE MATURITY VALUE (7a, COST VALUE) YIELD DATE DATE Money Market OPUS $ 3,379 $ 3,379 $ 3,379 0.150% Interest Checking OPUS $ 1,010,793 $ 1,010,793 $ 1,010,793 1.030% 01/12/17 01/12/18 %ofTotal - 1434% 14.35% LAIF STATE TREASURY $ 5,564,555 $ 5,564,555 $ 5,558,660 0.978% % of Total 78.67% 78.65% Malaga Bank - CD Malaga Bank $ 245,000 $ 245,000 $ 245,000 0.600% 09/14/16 09/13/17 Preferred Bank - CD Preferred Bank $ 250,000 $ 250,000 $ 250,000 1.250% 06/27/16 01/12/18 %ofTotal 7.00% 7.00% ACTIVE DEPOSITS TOTALS 7,073,727 7,073,727 7,067,832 0.982% INACTIVE DEPOSITS CHECKING OPUS $ 68,972 $ 68,972 $ 68,972 % of Total 97.87% 97.87% , PETTY CASH N/A $ 1,500 $ 1,500 $ 1,500 % of Total 2.13% 2.13% INACTIVE DEPOSITS TOTALS $70,472 $70,472 $70,472 GRAND TOTAL CASH $7,144,199 $7,138,304 NOTES: (1) Investment portfolio is in compliance with investment policy established by City Council. (2) The City has the ability to meet all expenditure requirements for the next six months. (3) LAIF fair market value is only provided in June of each year. Prepared By: Terry Slyer3/Finance Director Date Approv_ d j: 71'/--/7 Raym.nd R. Cruz, City Manager Date 7,(47 CITY OF ROLLING HILLS DASH BOARD REPORT CARD asofJrne 30, 2017 JUNE JUNE JULY AUGUST SEPT OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE FY2014-15 FY 2015-16 FY 2016-17 FY 2016-11 . F1' 2016-17 FY2016-17 FY 2016-17 FY 201647 FY 2016-17 FY2016-17 FY2016-17 FY2016-17 FY 2016-17 FY 2016-17 I. CASH FLOW ACTIVE DEPOSITS Book Value Price Q Cost OPUS Bank -Money Market 1 494.883 1 89,247' S 79,016 $ 51,954 S 220,627 $ 163,939 S 160,422 $ 384,021 $ 661.558 S 721,669 $ 482,040 $ 914,681 $ 1,131,952 5 3.379 OPUS Bank- Interest Checking - 1,003,049 1,003.567 1,004.157 1,004,694 1,005,248 1,005,786 1,006.406 1,007,112 1,007,730 1,008.458 1,009,115 1,009,946 1,010.793 LAIF • 2,545,123 5,259,443 4,790,701 4,793,969 4,543,969 4,548,093 4,548,093 4,548,093 ' 4,555,839 4,555,839 4,555,839 4,564,555 4.564,555 5,558,660 Malaga Bank CDARS -CD'S 2,455,000 - - - - - - - - - - - - - Malaga Bank/Preferred Battle- CD'S 245,000 495,000- 495,000 495,000 495,000 495,000 495,000 495,000 495,000 495,000 495,000 495,000 495,000 495,000 ACTIVE DEPOSITS TOTALS $ 5,740,006 I6,846,739 $6,368,284 $6,345,080 56,264,290 S 6,212,280 $ 6,209,301 S 6,433,520 $ 6,719,509 $ 6,780,238 S 6,541,337 1 6,983,351 $ 7,201,453 S 7,067.832 INACTIVE DEPOSITS Opus Bank -Checking $ 330,109 $ 18,311 $ 106,944 $ 30,288 5 14,182 S 68,209 Petty Cash 1.500 1,500 1,500 1,500 1,500 1,500 INACTIVE DEPOSITS TOTALS $ 331,609 $ 19,811 $ 108,444 5 31,788 5 15,682 S 69,709 GRAND TOTAL CASH Active Deposits ^ From Previous Month II. LIQUIDITY CALCULATION 46,549 1 148,267 1 54,829 1,500 1,560 1500 48,049 S 149,767 S 56,329 67,810 1,500 69,310 $ 26,917 S 20,856 $ 26,396 S 68,972 1,500 1,500 1,500 1,500 28,417 S 22,356 S 27,896 S 70,472 $ 6,071,615 56,866,550 56,476,728 56,376,868 $6,279,972 S 6,281,989 5 6,257,350 S 6,583,287 S 6,775,838 S 6,849,548 $ 6,569754 S 7005,707 S 7,229,349 $ 7,138,304 S (651,003) $ (100,466) S (478,455) $ (23104) S (80,790) S (52,010) S (2,979) $ 224,219 $ 285,989 S 60,729 S (238,901) S 442,014 $ 218,102 S (133,621) • Liquidity S 4,653,502 $ 4,794,590 S 4,732,307 54,732,307 S 4,732,307 $ 4,732,307 S 4,732,307 $ 4,732,307 S 4.732,307 S 4,732,307 $ 4,732,307 S 6,842175 S 6,842,275 $ 6,816,398 Average Cash Balance $ 5,508,178 5 6,099,387 $ 6,139,716 $ 6,172,894 $ 6101,875 S 6,237,491 5 6,275,342 S 6,319,888 $ 6,364,242 S 6,442,565 1 6,419,249 $ 6,606,710 $ 6,628,184 S 6,650.830 Emergency Reserve Per Policy 5 696,300 $ 809,248 S 809,248 $ 809,248 S 809,248 S 809,248 S 809,248 $ 807,904 S 807,904 $ 807,904 S 807,904 S 807,904 $ 807,904 S 807.904 Six Month Cash Reserve $ 1,386,376 $ 948,193 $ 1,137,239 $ 1,176,995 S 1,190,780 S 1,175,432 S 1,166,759 S 1,189,736 S 1,203,110 $ 1,214,087 $ 1,283,136 $ 1,303,161 $ 1,324,994 S 1,330,412 Available Reserve for Langer Term Investment $4,353,630 $5,898,546 $5,231,045 $5,166,085 55,073,510 S 5,036,848 S 5,042,542 S 5,243,784 S 5,516,399 $ 5,566,151 S 5,258,201 1 5,680,190 $ 5,876,459 S 5,737,420 III. PORTFOLIO DIVERSIFICATION DIVERSIFICATION BY INSTRUMENT Money Market 8.62% 1.30% 1.24% 0.82% 3.52% 2.64% 2.58% 5.97% 9.85% 10.64% 7.37% 13.10% 15.72% 0.05% Interest Checking 0.00% 14.65% 15.76% 15.83% 16.04% 16.18% 16.20x/° 15.64% 14.99% 14.86% 15.42% 14.45% 14.02% 14.30% I.AIF 44.34% 76.82% 75.23% 75.55% 72.54% 73.21% 73.25% 70.69% 67.80% 67.19% 69.65% 65.36% 63.38% 78.65% Treasury Bills 0.00x/. 0.00x/ 0.00% 0.00x% 0.00% 0.00x/. 0.00% 0.00% 0.00% 0.00% 0.00% 0.00x/. 0.00% 0.00% Certificates of Deposit 47.04% 7.23% 7.77% 7.80% 7.90% 7.97% 7.97% 7.70x/ 7.36% 7.31% 7.56% 7.09x/° 6.88% 7.00% 103.00% 100.00xh 100.00% 100.00% 100.00% 100.0% 100.00x/ 100.00x/ 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% DIVERSIFICATION BY MAURITY Less Than 90 Days 52.96% 78.12% 76.47% 80.23% 76.06% 75.85% 75.83% 76.66% 76.66% 77.84% 77.02% 78.46% 79.10x/ 78.71% 90 Days -13Wceks 0.00% 0.00% 3.85% 0.00% 0.00% 0.00x/. 0.00% 0.00% 0.00x/° 0.00% 0.00% 0.00% 0.00% 0.00% Six Months -26 Weeks - 47.04% 18.23% 15.76% 15.83% 19.95% 20.13% 20.14% - 19.45% 19.45% 18.48% 19.16% 17.96% 17.43% 17.75% One Year -52 Weeks 0.00% 3.65% 3.93% 3.94% 3.99% 4.02% 4.03% 3.89% 3.89% 3.68% 3.82% 3.58% 3.47% 3.53% 100.00% 100.00% 100.01% 100.00% 100.00x/° 100.00% 100.00x% 100.00% 100.00x% 100.00% 100.00% 100.00x/° 100.00x!, 100.00% IV. PORTFOLIO PERFORMANCE MEASURES Yield at Cost Month 0.314% 0.601% 0.611% 0.635% 0.637% 0.620% 0.680°/x 0.706%' 0.712% 0.725% 0.784% 0.784% 0.801% 0.982%. BENCHMARKS 6 Month CD 0.27 0.29 0.29 0.3 0.32 0.38 0.41 0.50 0.65 0.71 0.71 0.71 0.70 0.72 1 Year CD 1.02 1.13 1.14 1.15 1.18 1.20 1.22 1.25 1.26 1.24 1.24 1.24 1.25 1.28 90 Day T -Bill 0.02 0.3 0.3 0.3 0.3 0.35 0.35 0.35 0.56 " 0.74 0.74 0.74 0.98 1.01 2 Year Treasury - 0.69 0.67 0.67 0.68 0.68 0.70 0.70 0.71 1.20 1.31 1.31 1.31 1.28 1.38 10 Year Treasury 2.36 1.50 1.50 1.49 1.50 1.49 1.52 1.55 2.12 2.49 2.49 2.49 2.21 2.31 Annual Interest Budget $ 13,550 S 14,000 S 15,475 $ 15,475 $ 15,475 S 15,475 S 15,475 S 15,475 S 15,475 $ 30,475 S 30,475 1 30,475 S 30,475 $ 30,475 Money Market S 615 S 6,057 $ 9 $ 19 S 30 $ 52 74 105 170 253 327 399 533 • 546 Interest ChecIong(2) 542 1,150 1,692 2,258 2,802 3,441 . 4,161 4,783 5,527 6,193 7,042 7,900 Malaga BankPrefened Banks -CD'S 8,011 4,760 - 260 752 1,022 741 1,010 1,539 1,539 1,811 2,054 2,322 - 4,563 LAW 4,956 6,563 4,664 4,664 4,664 12,411 12,411 12,411 21,127 21,127 35,100 IAIF Mark to Market (Net) (9,162) Total YID Interest Eamed $ 13,582 $ 17,380 $ 551 $ 1,429 $ 2,475 S 7,997 1 8,282 S 9,221 1 18,282 5 18,986 S 20,077 S 29,774 $ 31,025 1 38,948 Over/(Under) Annual Budget of Annual Budget 32 $ 3,380 S (14,924) S (14,046) S (13,000) S (7,478) $ (7,193) S (6,254) $ 2,807 $ (11,489) S (10,398) S (701) $ 550 S 8,473 100.24% 124.14% 3.56% 9.23% 15.99% 51.67% 5352% 79.58% 118.14% 62.30% 65.88% - 97.70% 101.80% 127.80% CITY OF ROLLING HILLS LIQUIDITY CALCULATION BASED ON FISCAL YEAR 2016-2017 ACTUAL/CASH BUDGET FORECAST as of June 30, 2017 MONTHLY CASH BALANCES MALAGA - CD's Month OPUS T -Bill LAIF CDARS - CD's July $ 1,189,527 $ $ 4,793,968 $ 495,000 August 1,086,399 4,793,968 495,000 Sept 1,239,503 4,543,969 495,000 Oct 1,237,396 4,548,093 495,000 Nov 1,212,757 4,548,093 495,000 (a) Dec 1,538,694 4,548,093 495,000 Jan 1,723,499 4,555,839 495,000 Feb 1,797,209 4,555,839 495,000 March 1,517,415 4,555,839 495,000 April 1,944,652 4,564,555 495,000 May 2,168,294 4,564,555 495,000 June (c) 1,083,144 5,558,660 495,000 $ 56,131,472 (2) $ 5,940,000 (1) $ 17,738,489 (2) $ - (2) Average $ 1,478,207 $ Notes: $ 4,677,623 Lowest Balance Highest Expense (a) $ 6,255,850 (b) $ 522,596 (d) Liquidity Calculation Total Cash By Month $ 6,478,495 6,375,367 6,278,472 6,280,489 6,255,850 6,581,787 6,774,338 6,848,048 6,568,254 7,004,207 7,227,849 7,136,804 $ .79,809,961 (e) $ 495,000 (e) $ (e) Average Monthly Cash Balance Less 40% Emergency Reserve Available Investment Liquidity 6,650,830 Lowest Deposits (c) $ 1,083,144 (d) (1) Actual/Forecast Cash Budget FY 2016/17 (2) Monthly Bank Reconciliations (3) Per Investment Policy FY 15/16 General Fund Audited Revenue $2,019,759 X 40% = $807,904 (4) Six Month Cash Reserve based on FY 16/17 Actual/Forecasted Annual Expenditures divided by two. Average Cash Balance $ 6,650,830 Expenditures By Month (b) $ 522,596 181,728 140,945 107,046 125,127 506,268 136,431 148,082 286,179 172,182 171,048 163,191 (1) $ 2,660,824 $ 221,735 Six Month Liquidity Cash Reserve S 6,816,398 (4) $ 1,330,412 (d) $ 6,816,398 (e) $ 6,650,830 - (3) (807,904) $ 6,816,398 $ 5,842,926 INVESTMENT ALLOCATIONS SUMMARY as of June 30, 2017 Book Value Less Than 90-180 181-360 One Two Three Investment Type Price @ Cost 90 Days Days Days Year Years Years Money Market 0.05% $ 3,379 $ 3,379 $ LAIF 78.67% 5,564,555 5,564,555 Interest Checking 14.29% 1,010,793 CD'S 7.00% 495,000 $ - 1,010,793 245,000 $ - $ 250,000 Total Active Deposits 100.00% $ 7,073,727 $ 5,567,934 $ $ 1,255,793 $ 250,000 $ $ Cash Six Month Active Cash Reserve Cash Liquidity Deposits Reserve Per Policy Reserve Liquidity FY 15/16 Cash Budget $ 6,816,398 $ 7,073,727 $ 257,329 $ 807,904 $ 1,330,412 Maturity Investment Allocation Less Than 90 Days 78.71% 90 Days - 13 Weeks 0.00% Six Months - 26 Weeks 17.75% One Year - 52 Weeks 3.53% Two Years - 104 Weeks 0% Three Years - 156 Weeks 0% 100.00% 7/14/2017 PMIA Average Monthly Effective Yields t _ Cat(fomia State John Chian Home PMIA Home Home -» PMIA -» PMIA Average Monthly Effective Yields POOLED MONEY INVESTMENT ACCOUNT Contacts PMIA Average Monthly Effective Yields Horns Open Government I Careers I Contact Time Deposits LAIF Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1977 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.090 6.610 6.730 1978 6.920 7.050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 1979 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 1980 10.980 11.251 11.490 11.480 12.017 11.798 10.206 9.870 9.945 10.056 10.426 10.961 1981 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 1982 11.683 12.044 11.835 11.773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 1983 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 1984 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 1985 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 1986 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 1987 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 1988 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 1989 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 1990 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 1991 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 1992 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 1993 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 1994 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 1995 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 1996 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 1997 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 1998 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 1999 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 2000 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 2001 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 2002 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2003 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 2004 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2005 2.264 2.368 2.542 2.724 2.856 2.967 3.083 3.179 3.324 3.458 3.636 3.808 2006 3.955 4.043 4.142 4.305 4.563 4.700 4.849 4.946 5.023 5.098 5.125 5.129 2007 5.156 5.181 5.214 5.222 5.248 5.250 5.255 5.253 5.231 5.137 4.962 4.801 2008 4.620 4.161 3.777 3.400 3.072 2.894 2.787 2.779 2.774 2.709 2.568 2.353 2009 2.046 1.869 1.822 1.607 1.530 1.377 1.035 0.925 0.750 0.646 0.611 0.569 2010 0.558 0.577 0.547 0.588 0.560 0.528 0.531 0.513 0.500 0.480 0.454 0.462 2011 0.538 0.512 0.500 0.588 0.413 0.448 0.381 0.408 0.378 0.385 0.401 0.382 2012 0.385 0.389 0.383 0.367 0.363 0.358 0.363 0.377 0.348 0.340 0.324 0.326 2013 0.300 0.286 0.285 0.264 0.245 0.244 0.267 0.271 0.257 0.266 0.263 0.264 2014 0.244 0.236 0.236 0.233 0.228 0.228 0.244 0.260 0.246 0.261 0.261 0.267 2015 0.262 0.266 0.278 0.283 0.290 0.299 0.320 0.330 0.337 0.357 0.374 0.400 2016 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.719 2017 0.751 0.777 0.821 0.884 0.925 0.978 Search Home I Comments I Disclosure Notice I Privacy Notice I Accessibility Statement I Unclaimed Property I Site Map I Download Adobe Reader Copyright © 2016 State of California http://www.treasurer.ca.goy/pmia-laif/historical/avg_mnylds.asp 1/2