3/27/1996MINUTES OF AN
ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL
OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MARCH 27,1996
CALL TO ORDER
An adjourned 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: Heinsheimer, Hill, Lay , Mayor Pro Tem Murdock and
Mayor Pernell.
Others Present: Craig R. Nealis, City Manager.
Kevin Ennis, Assistant City Attorney.
Larry Courtright, City Treasurer.
Lola Ungar, Principal Planner.
Marilyn L. Kern, Deputy City Clerk.
3. 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 March 11, 1996.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
c. Financial Statement for the month of February, 1996.
RECOMMENDATION: Approve as presented..
d. FY 1996-97 City of Rolling Hills Budget Preparation Memorandum.
RECOMMENDATION: Receive and file.
e. Correspondence from Browning-Ferris Industries proposing May 11 and 18,
1996, as Spring Clean-up Days in the City of Rolling Hills.
RECOMMENDATION: Approve as presented.
f. Correspondence from Browning Ferris Industries regarding recovered
recyclable material.
RECOMMENDATION: Receive and file.
g. Approval of attendance at the California Contract Cities Association 17th
Annual Palm Springs Municipal Seminar --May 16-19, 1996.
RECOMMENDATION: Approve as presented.
Mayor Pro Tem Murdock requested that Item 3(f) on the Consent Calendar be removed for
discussion and moved approval of the remaining recommendations contained on the
Consent Calendar. Councilmember Lay seconded- the motion which carried unanimously.
f. Correspondence from Browning Ferris Industries regarding recovered
recyclable material.
RECOMMENDATION: Receive and file.
Mayor Pro Tem Murdock requested that historical information be submitted with each
recycling report. Mayor Pro Tem Murdock moved that this item be received and filed.
Councilmember Lay seconded the motion which carried unanimously.
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PLANNING COMMISSION ITEMS
RESOLUTION NO. 96-6: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS DENYING A REQUEST FOR SITE PLAN REVIEW
APPROVAL FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE,
DENYING A REQUEST FOR A VARIANCE TO ENCROACH INTO THE FRONT
YARD SETBACK TO CONSTRUCT A STABLE AND CORRAL, AND DENYING A
REQUEST FOR A VARIANCE TO ENCROACH INTO THE FRONT YARD
SETBACK TO CONSTRUCT RETAINING WALLS IN ZONING CASE NO. 529A.
MS. KELLY TSOU & MR. CHING SUNG TSOU, 6 RINGBIT ROAD WEST (LOT 8 -A-
2 -SF).
City Manager Nealis reported that this Zoning Case has been appealed by the Applicant
and stated that this case has been set for a public hearing at the April 8, 1996, City Council
meeting.
RESOLUTION NO. 96-7: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO
THE FRONT YARD SETBACK TO ENCLOSE A STAIRWAY BETWEEN A
RESIDENCE AND AN ATTACHED GARAGE AND APPROVING A VARIANCE
TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A
WALLED SERVICE YARD IN ZONING CASE NO. 536. DR. GUY ABRAHAM, 9
PACKSADDLE ROAD EAST (LOT 28 -SF).
City Manager Nealis presented the staff report. Hearing no discussion and no objection,
Mayor Pernell ordered that Resolution No. 96-7 be received and filed.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS -Continued
ORDINANCE NO. 260: AN ORDINANCE OF THE CITY OF ROLLING HILLS
MODIFYING CERTAIN DEFINITIONS AND CRITERIA FOR LOT DEVELOPMENT
AND AMENDING PORTIONS OF TITLE 16 (SUBDIVISIONS) TO CONFORM
WITH TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE.
Councilmember Heinsheimer stated that he will abstain from consideration of Ordinance
No. 260 to make sure that there is no conceivable conflict between his responsibilities and
his wife's professional landscape architectural activities.
City Manager Nealis presented the staff report providing extensive background on
Ordinance No. 260. City Manager Nealis stated that the proposed ordinance does not
amend the present Zoning Code adopted in 1993, but amends the Subdivision Ordinance
to make it consistent with the Zoning Code.
In response to Mayor Pernell, City Manager Nealis explained remedial grading as it relates
to maximum disturbed area subject to- the Net lot calculation. Councilmember Lay
explained that the Subdivision Ordinance and the Zoning Code are in conflict in this
regard and stated that the City would not wish to create a lot as part of a subdivision that is
ultimately unbuildable because more than 40% of the Net lot area is required to be
disturbed for remedial grading.
Mayor Pernell opened the public hearing and called for testimony.
• Mr. Doug McHattie, South Bay Engineering, expressed concern regarding the proposed
Ordinance and stated that he feels that the City Council should review the impact of the
Net lot calculations and maximum disturbed area more carefully. He stated that he
feels that the current Zoning Code causes an undue hardship on some residents
wishing to develop or add structures on their property. He stated that he feels that a
typographical error was made when the Zoning Code was codified. He stated that he
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and other consultants working in the City do not exclude all easements beyond 10 feet
in their net lot area calculations.
Discussion ensued regarding the discrepancies between the Zoning Code and the
Subdivision Ordinance. Councilmember_ .Lav,. stated that he feels that it is of utmost
importance that there be consistency ri the ° wo' Sections.
• Mr. McHattie further expressed concern regarding the inclusion of landscaped areas in
maximum disturbed area. He used the Heinsheimer residence, 7 Johns Canyon Road,
as an example of a Rolling Hills property which has been developed with landscaping
beyond 40% of the Net lot area.
Councilmembers discussed the inclusion of landscaped areas in maximum disturbed area
and agreed that further research into the impact of this provision on properties in the City
should be conducted. Councilmember Lay stated that he feels that Ordinance No. 260
should be adopted because it is important for the Zoning Code and Subdivision Ordinance
to be consistent. He stated that concerns raised this evening can be researched and
addressed by staff and the Planning Commission and brought back before the City Council
for consideration at a future meeting.
• Mr. McHattie stated that he spoke to the Manager of the RHCA who expressed concern
that residents may request the RHCA to reduce their easements in order to increase
their Net lot area.
In response to Councilmembers regarding the concerns raised by Mr. McHattie, City
Manager Nealis explained that the current Zoning Code regulations for Net lot area
calculations are explained to all applicants and clearly stated in the application that is
presented to and signed by all applicants. He reported that staff has reviewed past cases and
determined that any Net lot miscalculations would not have a significant impact on any
cases and have not violated the spirit of the Zoning Code. He further reiterated that pad
coverage continues to be the most important consideration when reviewing Site Plan
Review cases and that Net lot area is rarely an issue. In cases where Net lot is an issue, the
applicants can request a Variance. He stated that staff will work with the Planning
Commission to address the concerns raised by Mr. McHattie.
• Mrs. Nancy Hoffman, 5 MIddleridge Lane, expressed concern for the proposed
Ordinance as it relates to already developed properties in the City. In response to Mrs.
Hoffman, City Manager Nealis explained the Site Plan Review process as it differs from
the Subdivision process.
Further discussion ensued regarding the inclusion of landscaped areas in the maximum
disturbed area. Councilmember Lay stated that he feels that what constitutes landscape
needs to be more clearly defined.
• Mr. Wayne Grau, 18 Outrider Road, expressed concern for the proposed Ordinance.
Assistant City Attorney Ennis explained Net lot area and maximum disturbed area.
• . Dr. Ramon Cuckingnan, 16 Pine Tree Lane, expressed concern for the proposed
Ordinance.
Hearing no further public testimony, Mayor Pernell closed the public hearing.
Councilmember Hill suggested that consideration of Ordinance No. 260 be continued to
allow further study. Councilmember Lay stated that he feels that it would be better to
make the Zoning Code and Subdivision Ordinance consistent at this time. He stated that
staff could then research concerns raised this evening and present them to the Planning
Commission for consideration. Councilmember Lay suggested when revisions are made
to the Zoning Code that related sections in the Subdivision Ordinance be made at the same
time. Mayor Pro Tem Murdock stated that she agrees with Councilmember Lay that the
inconsistencies should be addressed at this time.
Councilmember Lay moved that the City Council waive further reading and adopt
Ordinance No. 260. Staff was directed to research the provisions of the current Zoning
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Code discussed at the hearing (net lot calculation, 40% maximum disturbed area and the
inclusion/ definition of landscaping within the 40% maximum), study these matters with
the Planning Commission, and report back to the City Council any possible modifications
to the Municipal Code. Mayor Pro Tem Murdock seconded the motion which carried by
the following roll call vote:
AYES: Councilmembers Hill, Lay, Mayor Pro Tem Murdock and Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: Councilmember Heinsheimer.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
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 NET; AND PARCEL 3 - 2.8 ACRES
GROSS, 2.12 ACRES NET.
City Manager Nealis presented the staff report outlining the applicant's request for a
continuance.
Hearing no objection, Mayor Pernell continued the public hearing at the applicant's
request to the next regularly scheduled meeting of the City Council to be held on Monday,
April 8, 1996.
OLD BUSINESS
TENTATIVE PARCEL MAP NO. 21486 IN ZONING CASE NO. 450, AND
SUBDIVISION NO. 84
REQUEST FOR ONE YEAR TIME EXTENSION.
DR. AND MRS. RAMON CUCKINGNAN, 16 PINE TREE LANE (LOT 81-RH)
City Manager Nealis presented the staff report outlining the applicant's request for a time
extension.
Councilmember Lay moved that the City Council adopt Resolution No. 779. Mayor Pro
Tem Murdock seconded the motion which carried unanimously.
NEW BUSINESS
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
• Councilmember Hill reported that the RHCA Staff has just completed additional clean-
up along the roadways and he thanked them for their efforts.
• Mayor Pernell reported that the Volunteer Appreciation Event has been scheduled for
April 28, 1996, and requested that the City Manager update the City Council on the
preparations. Mayor Pro Tem Murdock stated that the estimated costs for this event are
justified due to the number of volunteers who give of their time, knowledge and
services which prevent the City from having to contract for this effort. The City
Council concurred with Mayor Pro Tem Murdock's comments.
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MATTERS FROM STAFF
• City Manager Nealis reported on Standardized Emergency Management System
Training offered by the Office of Emergency Preparedness, Area G.
MATTERS FROM THE CITY ATTORNE m° "
None.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting
at 8:50 p.m., to the next regularly scheduled meeting of the City Council to be held on
Monday, April 8, 1996.
Approved,
Pernell,177D.S.
Mayor
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Respectfully submitted,
Marilyn L. Kern
Deputy City Clerk