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5/13/1996MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MAY 13,1996 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:32 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay, and Mayor Murdock. Councilmembers Absent: None. Others Present: Craig R. Nealis, City Manager. Mike Jenkins, City Attorney. Larry Courtright, City Treasurer. Lola Ungar, Principal Planner. 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 April 22, 1996. RECOMMENDATION: Approve as presented. b. Minutes - Adjourned Regular Meeting of April 29, 1996. RECOMMENDATION: Approve as presented. C. Payment of Bills. RECOMMENDATION: Approve as presented. d. Correspondence from Pacific Bell regarding Amendment No. 3 to Application No. 95-12-043 filed with the Public Utilities Commission in the matter of the Application of Pacific Bell (U 1001 C) for authority to increase and restructure certain rates of its Integrated Services Digital Network Services. RECOMMENDATION: Receive and file. Councilmember Lay moved that the City Council approve the recommendations contained in the Consent Calendar. Councilmember Hill seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS- Continued ZONING CASE NO. 520A, SUBDIVISION NO. 88 AND TENTATIVE PARCEL MAP NO. 23991 A 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 - 2.876 ACRES GROSS, 2.242 ACRES NET; AND PARCEL 2- 2.516 ACRES GROSS, 2.046 ACRES NET. City Manager Nealis presented the staff report and provided information received from the Edison Company relative to the undergrounding of utilities on this property. He Minutes City Council Meeting 05/13/96 -1- stated that two utility poles are recommended for removal, one is recommended for relocation and one is recommended to remain in its current location. He stated that the utility poles not recommended for undergrounding are remaining above ground due to the logistics of homes being served by these poles. Councilmember Pernell expressed concern that some of the poles would remain above ground and described a long-standing policy of the City Council to ensure the undergrounding of utilities whenever possible. Councilmembers concurred that they wish continue with this policy. Councilmembers discussed whether the property owners serviced by the utility poles not recommended for undergrounding would be willing to join with the subdivider in the undergrounding of these poles. Mayor Murdock opened the continued public hearing. • Mr. Doug McHattie, South Bay Engineering, reported on his meeting with Ms. Janice Garten of the Edison Company regarding the utility poles. He explained the reasons given by Edison for their recommendation. In response to Mayor Pro Tem Lay, Mr. McHattie explained the direction of the flow of electricity to and from these poles. • Mr. Stanley Lamport, applicant's representative, stated that the Edison Company indicated that these are main lines and that they are unable to reroute lines underground across canyons and that relocating some of these lines would require Edison to obtain new easements. Mr. Lamport stated that the applicant could provide the facilities should other property owners in the area wish to connect to these lines in an underground capacity, but that applicant could not be legally bound to provide the utility facilities on other properties as a condition of approval. Mr. Lamport provided an explanation regarding the Planning Commission's review of the subdivision and stated that the applicant has agreed to a series of conditions relative to drainage and the retention of natural vegetation on this property to alleviate concerns raised by neighboring property owners during the Planning Commission public hearing. In response to Councilmember Pernell, Mr. Lamport provided an explanation of the measures outlined by the Planning Commission regarding the location of the building pad and the removal of the existing barn to minimize the Fire Department's brush clearance requirements. Hearing no further testimony, Mayor Murdock closed the continued public hearing. Councilmembers discussed the concerns raised regarding the undergrounding of the utility poles on the property. City Attorney Jenkins referred the City Council to Condition No. 20 of the Planning Commission Resolution of Approval which requires utility poles on the property to be placed underground and commented on the Edison Company's recommendation that several poles remain above ground due to the number of homes served from these poles and a problem in acquiring new easements. City Manager Nealis suggested that the neighboring property owners could be contacted to determine if they wish to join in the undergrounding effort. City Attorney Jenkins explained that there are limits to requiring off-site improvements in conjunction with a subdivision. He stated that the City Council could approve the subdivision with Condition No. 20 requiring that the utilities be underground. City Attorney Jenkins also stated that if the applicant were to make a good faith effort to contact all of the property owners served by the utility poles on this property to ascertain whether they wish to join in an undergrounding project, and if the subdivider were unable to gain full cooperation, the Council could entertain an application to modify this condition. Mayor Pro Tem Lay moved that the City Council approve the proposed 2 -lot subdivision of land at 17 Portuguese Bend Road and directed staff to return with a formal resolution of approval for consideration at an adjourned regular meeting of the City Council to be held on Tuesday, May 28, 1996. Councilmember Heinsheimer seconded the motion which carried unanimously. Minutes City Council Meeting 05/13/96 -2- FJ 1 r' u 4 ZONING CASE NO. 529A CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION DENIED REQUESTS FOR A VARIANCE TO PERMIT RETAINING WALLS TO ENCROACH INTO THE FRONT YARD, SETBACK, A VARIANCE ;TO PERMIT A FUTURE STABLE TO ENCROACH INTb4 `TT'I' R NT YARD SETBACK, AND SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND ATTACHED GARAGE. MS. KELLY TSOU & MR. CHING SUNG TSOU, 6 RINGBIT ROAD WEST (LOT 8 -A- 2 -SF). City Manager Nealis presented the staff report and responses to questions raised at the City Council field trip relative to Zoning Case No. 529A. He also reported that a letter from the applicants' attorney, a letter from Leslie Dederer, 2 Ringbit Road West, objecting to the project and a letter from Mr. and Mrs. Jack Schnel, 5 Ringbit Road West, supporting the project have been placed before the City Council this evening. Mayor Murdock opened the continued public hearing and called for testimony. • Mr. Stanley Lamport explained the applicants' proposal, and presented exhibits to the City Council dated May 13, 1996, which address the concerns raised by the Planning Commission. He expressed that the property it is not part of the Flying Triangle landslide. Mr. Lamport reported that Exhibit B provides geologic information and that Exhibit A provides a report of a soil engineering investigation of the property. He also explained the drainage from the property as a result of the proposed improvements. Discussion ensued regarding the previously approved site plan on this property and the use of caissons in that proposal. • Mr. Charles Raine, 2 Pinto Road, commented on a previously approved site plan for this property and expressed concern for the amount of grading now proposed and the effect that drainage, due to the improvements, may have on the Flying Triangle landslide. Mr. Raine stated that he disagrees with Mr. Lamport's comments regarding the distance of the proposed project from the Flying Triangle landslide. • Ms. Gina Lanman, 1 Packsaddle Road East, stated that she objects to the proposed project due to the amount of grading. She stated that she does not feel that the proposed project meets the City's guidelines. • Ms. Sandra Heitzler, 19 Southfield Drive, stated that she also supports the Planning Commission denial of the proposed project. • Dr. Alfred Marrone, 13 Southfield Drive, stated that he agrees with the Planning Commission denial of the proposed project and cited findings of Planning Commission Resolution No. 96-6 denying the request. • In response to Mr. Raine's comments, Mr. Lamport stated that the proposed project pad edge is 520 feet from the closest point of the Flying Triangle landslide. Mr. Lamport presented an overlay plan highlighting the difference between the previously approved plan and the proposed plan. He explained the effect of brush clearance requirements and the drainage from this property. He stated that he feels that there is not significant evidence in the record to support that this property is a fragile hillside, that it is prominently located because the structure is recessed further back onto the site and it is incompatible in mass and scale within the site because it is well within all of the criteria which the City permits for development of a structure on a site. He also stated that he feels that this project will not disturb areas that have not been previously disturbed by grading. In response to Councilmember Pernell, Mr. Lamport explained that grading would not be reduced if the proposed residence were made smaller because of the balanced cut and fill and contouring requirements. Minutes City Council Meeting 05/13/96 -3- Hearing no further testimony, Mayor Murdock closed the continued public hearing. Councilmembers discussed various aspects of the proposed project, the points presented by the applicants' representatives, other testimony, and the Planning Commission's findings for their denial of this request. Councilmember Heinsheimer expressed that the project may represent the best proposed alternative for development on the lot. Councilmember Hill supported comments made by Councilmember Heinsheimer. Councilmember Pernell moved that the City Council uphold the Planning Commission denial of Zoning Case No. 529A and directed staff to return with a resolution for consideration at an adjourned regular meeting of the City Council to be held on Tuesday, May 28, 1996. Councilmember Lay seconded the motion which carried by the following roll call vote: AYES: Councilmember Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: Councilmembers Heinsheimer and Hill. ABSENT: None. ABSTAIN: None. RECESS Mayor Murdock recessed the meeting at 9:10 p.m. RECONVENE Mayor Murdock reconvened the meeting at 9:14 p.m. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. OLD BUSINESS CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS. Mayor Murdock announced that it is customary for the Mayor and Mayor Pro Tem to serve as the delegate and alternate to the Los Angeles County Sanitation Districts and appointed Mayor Pro Tem Lay and Councilmember Hill to the Finance/Budget Subcommittee. Hearing no objection, Mayor Murdock continued consideration of the balance of committee assignments to the next regularly scheduled meeting. NEW BUSINESS CONSIDERATION OF A REQUEST FROM THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT FOR A WAIVER OF FEES RELATING TO ZONING CASE NO. 532, A REQUEST FOR A CONDITIONAL USE PERMIT FOR JOINT POWERS TRANSIT AUTHORITY LIMITED USES BY THE PALOS VERDES PENINSULA TRANSIT AUTHORITY AT THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT PROPERTY AT 38 CREST ROAD WEST. City Manager Nealis presented the staff report. A motion to receive and file the report was made by Councilmember Tom Heinsheimer, seconded by Councilmember Frank Hill. Discussion ensued regarding the request and the fees associated with the renewal of the CUP. Councilmembers also discussed the costs incurred by the City for the evaluation and advertisement of land use applications. City Manager Nealis stated that costs exceed the amount charged. • Mr. John Meyer, PV Transit Administrator, stated that the PVUSD has requested the Transit Authority to share the costs associated with the CUP and that this may be difficult due to the cost of fuel and a decrease in ridership. Minutes City Council Meeting 05/13/96 -4- 1 1 1 Principal Planner Ungar reported that the School District may expect a refund of approximately $1,200 in fees from the State. ..e ",- `a4.ft:�{.l,i_f..'.r Fav it ;�:. ' ' r.. •�, , A motion and second to receive and file'the request was withdrawn and Mayor Pro Tem Lay moved that the City Council waive the fees associated with the renewal of the CUP ($1,000) and deny the request for a waiver of the fees associated with the original application ($4,475). Councilmember Heinsheimer seconded the motion which carried unanimously. MATTERS FROM MEMBERS OF THE CITY COUNCIL • Councilmember Pernell announced that he would be hosting staff at a luncheon thanking them for their efforts during his term as Mayor, necessitating the closure of City Hall for approximately two hours on Tuesday, May 14, 1996. MATTERS FROM STAFF • City Manager Nealis reported that the City has advertised for the vacancy on the Planning Commission and that the deadline to submit letters of interest is Thursday, May 30, 1996, at 5:00 p.m. MATTERS FROM THE CITY ATTORNEY None. ADJOURNMENT Hearing no further business before the City Council, Mayor Murdock adjourned the meeting in memory of long time resident and Planning Commissioner Betsy Raine, to the next regularly scheduled meeting of the City Council. Approved, 4X"M� Jody' -Murdock Mayor Minutes City Council Meeting 05/13/96 -5- Respectfully submitted, Y-V6�9.-1-� -VVVJ Marilyn L. Kern Deputy City Clerk