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1/8/1996 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,CALIFORNIA JANUARY 8, 1996 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:30 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Hill, Lay, Mayor Pro Tem Murdock and Mayor Pernell. Councilmembers Absent: Heinsheimer (excused). Others Present: Craig R. Nealis, City Manager. Lola Ungar, Principal Ungar. Marilyn L. Kern, Deputy City Clerk. . 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 November 27, 1995; Notice of Adjournment Due to Lack of Quorum-December 11, 1995 and Notice of Adjournment Due to Lack of Quorum-December 25, 1995. RECOMMENDATION: Approve as presented. b. Payment of Bills December 11, 1995. RECOMMENDATION: Approve as presented. c. Payment of Bills December 21, 1995. RECOMMENDATION: Approve as presented. d. Payment of Bills January 8, 1996., RECOMMENDATION: Appro�e as presented. e. Financial Statement for the month of November, 1995. RECOMMENDATION: Approve as presented. f. Correspondence from Browning-Ferris Industries regarding recovered recyclable material. RECOMMENDATION: Receive and file. g. Budget Calendar for Fiscal Year 1996-97. RECOMMENDATION: Approve as presented. Mayor Pro Tem Murdock moved that the City Council approve the recommendations contained in the Consent Calendar. Councilmember Lay seconded the motion which ' passed unanimously. PL�.NNING COMMISSION ITEMS RESOLUTION NO. 95-19: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENCE AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE - NO. 531. MR. AND MRS. WILLIAM ROGERS, 20 PORTUGUESE BEND ROAD (LOT 58-A-RH). Principal Planner Ungar presented the staff report outlining the applicants' request and Planning Commission action relative to Zoning Case No. 531. City Manager Nealis reported that the Traffic Commission reviewed the driveway location for this project and that their recommendations were incorporated into the Resolution No. 95-19. Minutes City Council Meeting . 01/08/96 -1- Hearing no discussion and no objection, Mayor Pernell ordered that Resolution No. 95-19 be received and filed. RESOLUTION NO. 95-22: ,A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A BAY WINDOW AND GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT AN ENTRY PORCH IN ZONING CASE NO. 534. MR. AND MRS. RANDY SOPP, 2 WILLIAIVISBURG LANE (LOTS 44-RH, 45-RH AND 46A RH). - Principal Planner Ungar presented the staff report outlining the applicants' request and -._- _ Planning Commission action relative to Zoning Case IVo. 534. Hearing no discussion and no objection, Mayor Pernell ordered that Resolution No. 95-22 be received and filed. TRAFFIC COMMISSION ITEMS CONSIDERATION OF A TRAFFIC COMMISSION RECOMMENDATION RELATIVE TO A REQUEST FROM THE ROLLING HILLS COMMUNITY ASSOCIATION FOR TRAFFIC COMMISSION REVIEW RELATIVE TO A FENCE ON PORTUGUESE BEND ROAD/POPPY TRAIL AREA FOR HORSE PROTECTION. City Manager Nealis presented the staff report outlining the Traffic Engineer's report and Traffic Commission recommendations relative to this request. In response to Mayor Pernell, City Manager Nealis explained that there has been no accident history in this area and further explained that this request was presented to the Rolling Hills Community Association by Ms. Carole Hoffman, with the concurrence of Caballeros. City Manager Nealis stated that the Rolling Hills Community Association has indicated that they are in favor of this fence and that it will be constructed by the Association or Caballeros. Councilmember Hill explained the narrowness of the trail and roadway in the proposed fence area. He also stated that Ms. Hoffman's request was to prevent horses from bolting into vehicular traffic should they become frightened. Councilmember Lay moved that the City Council accept the report of the Traffic Engineer and recommendations of the Traffic Commission and that staff be directed to report this action to the Rolling Hills Community Association. Mayor Pro Tem Murdock seconded the motion which passed unanimously. PUBLIC HEARINGS ZONING CASE NO. 453, SUBDIVISION NO. 86 AND TENTATIVE PARCEL MAP NO. 21444 REQUEST FOR A PROPOSED 3-LOT SUBDIVISION OF LAND AT LOTS 89-A-RH, 89-C-RH, AND 92-RH, AND CURRENTLY, 25 PORTUGUESE BEND ROAD, ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY MRS. DOTHA S. WELBOURN. LOTS 89-A-RH, 89-C- RH, AND 92-RH, CONSIST OF 13.7 ACRES GROSS TO BE DIVIDED INTO THREE PARCELS AS FOLLOWS: PARCEL 1 - 8.40 ACRES GROSS, 6.53 ACRES NET; PARCEL 2 - 3.02 ACRES GROSS, 2.39 ACRES NBT; AND PARCEL 3 - 2.8 ACRES GROSS, 2.12 ACRES NET. City Manager Nealis reported that the Planning Commission has not taken action on this case and it is recommended to be continued to the next regular City Council meeting scheduled for Monday, January 22, 1996. Hearing no objection, Mayor Pernell ordered that the public hearing regarding Zoning Case No. 453 be continued to the regular City Council meeting to be held on Monday, January 22, 1996. Minutes City Council Meeting Ol/08/96 -2- ZONING CASE NO. 520, SUBDIVISION NO. 88 AND TENTATIVE PARCEL MAP N0. 23991 � REQUEST FOR A PROPOSED 2-LOT SUBDIVISION OF LAND AT LOT 79-RH, AND CURRENTLY, 17 PORTUGUESE:.BEND ROAD, ROLLING HILLS, CA, AN _ ��:;.��, EXISTING LOT THAT HAS ONE RESiD�NTIAL UNIT, TO BE IMPLEMENTED BY DR. ROBERT W. MARSHALL. LOT 79-RH CONSISTS OF 5.39 ACRES GROSS TO BE DIVIDED INTO TWO PARCELS AS FOLLOWS: PARCEL 1 - 2.887 ACRES GROSS, 2.267 ACRES NET; AND PARCEL 2 - 2.505 ACRES GROSS, 2.005 ACRES NET. City Manager Nealis introduced Zoning Case No. 520. Principal Planner Ungar presented the staff report outlining the applicant's request and the Planning Commission's recommendation to deny this Zoning Case. In response to Mayor Pernell, Principal Planner Ungar stated that the Planning Commission considered the width of Parcel No. 1 and included this as a part of their findings. Mayor Pernell opened the public hearing and called for testimony. • Mr. Doug McHattie, South Bay Engineering, explained the various points in his letter to Principal Planner Ungar dated January 4, 1996, addressing the concerns raised by the Planning Commission. He stated that he feels that the proposed plan had been developed in conjunction with suggestions from the Planning Commission during their review. Mr. McHattie further stated that he feels that a developed lot with controlled drainage would lessen the water run-off and benefit neighboring properties. He further explained that the applicant would grant the trail easement located at the western portion of Parcel 1 to the Rolling Hills Community Association. In response to Mayor Pernell, Mr. McHattie stated that the trail was included in his net lot area calculations. In response to Councilmember Lay, Mr. McHattie explained how he calculated the net lot area. City Manager Nealis explained the definition of net lot area as stated in the Zoning Code. Staff was directed to further review this definition as it relates to the Subdivision Code. • Dr. James C. Roberts Jr., 15 Portuguese Bend Road, read his letter dated January 8, 1996, outlining his concerns regarding the proposed subdivision into the record and provided the original letter to City Manager Nealis. • Mrs. Joan Foxx, 3 Lower Blackwater Canyon Road, expressed concerns relating to the view of the proposed subdivision from her property, grading necessary for the proposed driveway, and loss of native vegetation. Mrs. Fox also stated that she feels that she would like to see the rural character of Rolling Hills maintained. • Dr. Robert W. Marshall, applicant, addressed the Council regarding the Planning Commission review of his proposed subdivision. He explained that he requested that the Commission advise him as to what he would need to do in order to receive Planning Commission approval of his project. He stated that he worked with his consultants to incorporate the Planning Commission's recommendations into his proposed plans. He expressed that at the field trip, he felt that the Commission liked his plan. In response to Mayor Pernell, Dr. Marshall stated that Mr. McHattie of South Bay Engineering indicated that he felt that the Planning Commission was pleased with his plan and that it looked like it would be approved. Mayor Pernell explained that until the Planning Commission actually takes action on a project that such comments are strictly hearsay. Dr. Marshall expressed concern that the Planning Commission denied his proposed subdivision. He stated that he would like to have been able to ° work out, on his plans, the concerns that the Commission raised during their ,: discussions relative to their denial of his proposed subdivision. Dr. Marshall further explained the Fire Department weed clearance requirements as they relate to his property. Dr. Marshall stated that he feels that the City Council would find it difficult to overturn a denial by the Planning Commission and that he would like to amend his plans addressing concerns raised by the Planing Commission and return it to the Commission for further review. Dr. Marshall expressed concern regarding Dr. Roberts' objections to his project. Minutes City Council Meeting Ol/08/96 -3- In response to Dr. Marshall, T1layor Pernel� expiained that the City has an experienced Planning Commission. In response to Mayor Pernell, Dr. Marshall stated that he would like for the City Council to remand his project back to the Planning Commission. City Manager Nealis explained the Fire Department weed clearance requirements. City Manager Nealis also explained the City Council's options regarding this case, indicating that the City Council may move forward and consider the case as presented or remand it back to the Planning Commission for review of the changes that the applicant has previously indicated are in the works. • Mrs. Joan Foxx, 3 Lower Blackwater Canyon Road, addressed the City Council regarding the Fire Department weed clearance requirements relating to her property and Dr. Marshall's property. • Dr. James C. Roberts, Jr., 15 Portuguese Bend Road, stated that he excused himself from consideration of the proposed subdivision when it was before the Community Association Board of Directors. Dr. Roberts also stated that he attended the three Planning Commission meetings at which the proposed subdivision was considered and did not come forward at the end as stated by Dr. Marshall. In response to Councilmember Lay, Dr. Roberts explained that he stated his objections to the proposed subdivision at the Planning Commission level. • Mr. Doug McHattie, South Bay Engineering, addressed the Council regarding the Fire Department weed clearance requirements. Mayor Pernell stated that he feels that there are a numlber of other issues in addition to the Fire Department weed clearance that should be taken into consideration. Mayor Pernell clarified that an application for a subdivision does not guarantee that a subdivision will be approved. Mayor Pernell stated that he feels that the concerns raised by the Planning Commission were significant and that he would be in favor of further Planning Commission review of a revised plan. - - Councilmember Lay stated that he feels that all applicants have an �,r portunity to work during Planning Commission review to develop their proposal �to satisfy Planning Commission concerns and applicant's needs. Councilmember Lay stated that he feels that if the City Council remands this case back to the Planning Commission that specific instructions as to what the Council wishes them to review relative to this case should be identified. He stated that he could not support this subdivision unless specific instructions are offered for Planning Commission review. Mayor Pro Tem Murdock indicated that since apparently there is another plan in the works, she suggested that the City Council request that the amended plan be brought before the City Council for review and remanded back to the Planning Commission if it addresses the issues that the Planning Commission raised. Councilmembers concurred with Mayor Pro Tem Murdock's suggestion. Councilmemlbers discussed the Planning Commissions concerns re�ative �o the proposeci subdivision and concurred that the findings in the Planning Commission's resolution should be the basis for the revised plans. Mayor Pernell suggested that the calculations relative to net lot area need to be worked out with staff. Mayor Pro Tem Murdock expressed concern regarding the fact that the applicant indicated that it was a surprise that the Planning Commission took exception to the 17% driveway slope since they had not raised that question prior to that particular discussion. She stated that the City's Ordinance clearly states driveway requirements and that applicants plans should conform to the Code. Mayor Pernell suggested that the City Council continue this public hearing on the agenda to allow time for the applicant's representative to explain what action the City Council is considering taking relative to his proposal. Hearing no objection, this was so ordered by Mayor Pernell. Minutes City Council Meeting • Ol/08/96 -4- . c; ,b -. . .. , ,� , .. . OLD BUSINESS �'�p '`�r"Lz�4 iS��H;Fl�:�,e�•, TENTATIVE PARCEL MAP NO. 23594 IN ZONING CASE NO. 485, AND SUBDIVISION NO. 87 � REQUEST FOR ONE YEAR TIME EXTENSION. MR. AND MRS. COSIMO OCCHIPINTI, 34 CREST ROAD EAST (LOT 57-MS). City Manager Nealis presented the staff report outlining the applicant's request. Councilmember Lay moved that the City Council adopt Resolution No. 773 granting a one year time extension. Councilmember Hill seconded the motion which passed unanimously. OPEN AGENDA-APPROXIMATELY 8:00 P.M. -PUBLIC COMMENT WELCOME None. NEW BUSINESS CONSIDERATION OF APPOINTMENTS TO THE PLANNING COMMISSION. City Manager Nealis presented the staff report. He also reported that a letter from Roger Sommer expressing a desire to serve on the Planning Commission had been received via fax today. Councilmembers concurred that the City Council should accept Mr. Sommer's . letter. Mayor Pro Tem Murdock stated that it is the City Council's policy to encourage participation whenever possible. Hearing no further discussion, Mayor Pernell called for a motion. . . Councilmember Lay moved that the City Council reappoint Commissioners Evie Hankins and Betsy Raine for two year terms and Commissioners Allan Roberts and Arvel Witte _for three year terms and that the City Council Personnel Subcommittee conduct interviews of those who submitted letters of interest to serve on the Planning Commission to fill the one year term vacancy created by the resignation of Roger Frost. Mayor Pro Tem Murdock seconded the motion which passed unanimously. ZONING CASE 1�T0. 520, SUBDIVISION NO. 88 AND TENTATIVE PARCEL MAP NO. 23991 � REQUEST FOR A PROPOSED 2-LOT SUBDIVISION OF LAND AT LOT 79-RH, AND CURRENTLY, 17 PORTUGUESE BEND ROAD, ROLLING HILLS, CA, AN EXISTING LOT THAT HAS ONE RESIDENTIAL UNIT, TO BE IMPLEMENTED BY DR. ROBERT W. MARSHALL. LOT 79-RH CONSISTS OF 5.39 ACRES GROSS TO BE DIVIDED INTO TWO PARCELS AS FOLLOWS: PARCEL 1 - 2.887 ACRES GROSS, 2.267 ACRES NET; AND PARCEL 2 - 2.505 ACRES GROSS, 2.005 ACRES NET. Mayor Pernell reopened the continued public hearing. Mr. Doug McHattie, South Bay Engineering, stated that the applicant respectfully requests the opportunity to present an amended plan to the City Council at their next regularly scheduled meeting. City Manager Nealis explained that pursuant to the Subdivision Code, the City Council must take action on this case.at their January 22, 1996 meeting. Hearing no objection, Mayor Pernell continued the public hearing to the regular City Council meeting to be held on Monday, January 22, 1996. CONSIDERATION OF APPOINTMENTS TO THE TRAFFIC COMMISSION. City Manager Nealis presented the staff report. Mayor Pro Tem Murdock moved that the City Council reappoint Commissioners V'Etta Virtue and John Margeta for two year terms. Councilmember Frank Hill seconded the motion which passed unanimously. Minutes City Council Meeting 01/08/96 -5- CONSIDERATION OF APPOINTMENTS TO THE WILDLIFE PRESERVATION COMMITTEE. Mayor Pro Tem Murdock moved that the City Council reappoint Committee Members Roger Sommer, Pam Crane, Don Gales, Steve Schultz and Arvel Witte for four year terms. Councilmember Hill seconded the motion which passed unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. ADjOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:45 p.m. to the next regularly scheduled meeting of the City Council to be held on Monday, January 22, 1996. - Respectfully submitted, �'- ��=-e��--� Marilyn L. Kern Deputy City Clerk Approved, : re Perne , .D.S. Mayor Minutes City Council Meeting 01/08/96 -6-