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2/25/1998MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA FEBRUARY 25, 1998 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pro Tem Hill at 7:40 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Murdock, Pernell and Mayor Pro Tem Hill. Councilmembers Absent: Mayor Lay (excused). Others Present: Michael Jenkins, City Attorney. Lola Ungar, Planning Director. Larry Courtright, City Treasurer. Marilyn L. Kern, Deputy City Clerk. Lata Thakar, District Engineer, Los Angeles County. Robert Thomas, District Geologist, Los Angeles County. Maria Toribio, Senior Civil Engineering Assistant, Los Angeles County. Phil Doudar, Supervising Civil Engineer III, Los Angeles County. 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 - February 9, 1998. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. Financial Report for the Month of January, 1998. RECOMMENDATION: Approve as presented. d. BFI Recycling Tonnage Report for January, 1998. RECOMMENDATION: Receive and file. e. Report regarding LAX flight patterns. RECOMMENDATION: Receive and file/provide direction. Councilmember Pernell moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Heinsheimer seconded the motion which carried unanimously. SPECIAL PRESENTATIONS PRESENTATION OF A PLAQUE TO OUTGOING RHCA BOARD MEMBER JAN ADAMS FOR MANY YEARS OF OUTSTANDING SERVICE TO THE COMMUNITY. Mayor Pro Tem Hill presented a plaque to outgoing RHCA Board Member Jan Adams and thanked her for her many years of service to the community. PRESENTATION OF A PLAQUE TO OUTGOING RHCA BOARD MEMBER WILLIAM STRINGFELLOW FOR MANY YEARS OF OUTSTANDING SERVICE TO THE COMMUNITY. Minutes City Council Meeting 02/25/98 -1- Mayor Pro Tem Hill presented a plaque to outgoing RHCA Board Member William Stringfellow and thanked him for his many years of service to the community. Councilmember Pernell requested that the City Council move forward to agenda item no. 7-A at this time. Hearing no objection, Mayor Pro Tem Hill so ordered. PUBLIC HEARINGS -Continued CONSIDERATION OF PROPOSED ORDINANCE NO. 272: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO AMEND SIDE YARD SETBACK REQUIREMENTS IN THE RA -S-1 ZONE AND THE RA -S-2 ZONE AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PROPOSED ORDINANCE MAY POTENTIALLY INCREASE SIDE YARD SETBACKS IN THE RA -S-1 ZONE FROM 20 FEET TO 25 FEET, EXCLUSIVE OF EASEMENT DIMENSIONS, AND MAY REESTABLISH SIDE YARD SETBACKS IN THE RA -S-2 ZONE TO 35 FEET, EXCLUSIVE OF EASEMENT DIMENSIONS. CONSIDERATION OF DRAFT RESOLUTION NO. 835: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO THE DEFINITION OF A MINOR VARIANCE FOR ESTABLISHED FEES AND AMENDING CITY COUNCIL RESOLUTION NO. 691. Planning Director Ungar presented the staff report providing background regarding the proposed Ordinance. Mayor Pro Tem Hill opened the continued public hearing and called for testimony. Dr. Lynn Gill, 31 Chuckwagon Road, presented an exhibit depicting the impact of the proposed Ordinance on his property. He stated that he objects to the increase of the side yard setback to 25 feet in the RAS -1 Zone and indicated that he feels that the proposed Ordinance will have a negative effect on the architectural design of homes in the City. Mr. Norman Miller, 4 Chesterfield Road, presented a map of his property depicting the impact of the proposed Ordinance and expressed concern regarding the increase of the side yard setback to 25 feet in the RAS -1 Zone. He suggested that the Planning Commission and the City Council conduct field reviews to study the impact of the Ordinance. Mr. Miller expressed concern for the costs and time associated with applying for a Variance. Mayor Pro Tem Hill explained that the Planning Commission thought the proposed Ordinance would benefit the community in that it proposes more separation between adjoining properties. He also commented on the results of a survey conducted by the Community Association. Mr. Hugh Hoffman, 5 Packsaddle Road West, stated that he is opposed to the proposed increase in the side yard setback in the RAS -1 Zone. He said that he feels that the size of homes would be reduced dramatically. Mr. Clifford Bundy, 2 Chuckwagon Road, stated that he has resided in Rolling Hills for 50 years and is opposed to the proposed increase in the side yard setback. Ms. Cheryl Marcz, 8 Chesterfield Road, suggested that special notice be given to individual property owners when the Planning Commission or City Council consider Ordinances such as this. She stated that she objects to the proposed increase in the side yard setback in the RAS -1 Zone. Mayor Pro Tem Hill explained how this item was noticed and apologized if those in attendance did not receive notice on the proposed Ordinance. Mr. Craig Cornell, 9 Maverick Lane, stated that he cannot make an informed opinion on how this proposed Ordinance will affect his property. He also stated that he feels that a Minutes City Council Meeting 02/25/98 -2- majority of residents do not know how the increase in the side yard setback will affect their property. He indicated that he feels that 2the Planning Commission did not have information regarding thepercentageti ofiypfoperties:._that would be affected negatively by this proposed Ordinance when they made their recommendation. He suggested that the City Council not take action on this proposed Ordinance and return it to the Planning Commission for further study on how this Ordinance will affect properties in the City. Dr. Nicholas Silvino, 4 Chestnut Lane, commented on the notification for the proposed Ordinance and the resale value of properties in the RAS -1 Zone. He indicated that he fells that most residents do not understand how such an Ordinance will affect their properties. Ms. Judy Macleod, 14 Portuguese Bend 'Road, commented on the number of properties in the RAS -1 Zone that will be affected by the proposed Ordinance. Mayor Pro Tem Hill indicated that the time for Open Agenda has passed and requested that Open Agenda be considered at this time. Hearing no objection, he so ordered. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. Mayor Pro Tem Hill returned to consideration of proposed Ordinance No. 272 and called for further testimony. Ms. Shirley Tyndall, 65 Eastfield Drive, indicated that she feels that the topography of properties in Rolling Hills also should be taken into consideration when reviewing this matter. Mr. Terrance Carroll, 36 Eastfield Drive, commented on his feeling regarding the lack of noticing when Site Plan Review was considered. He suggested that the City Council consider an Ordinance which would require a separate notice be sent to residents when this type of action is -being considered. -He stated -that -he feels -that a number of residents do not read the Citywide Newsletter. Mayor Pro Tem Hill stated that the City will make its very best effort to notify residents and make sure that residents know and understand exactly what is proposed. Mr. Daniel Shrader, 54 Saddleback, commented on the use of easements and indicated that he feels that larger easements will cause a tendency toward less maintenance in those areas. He stated that he is opposed to the proposed Ordinance. Mr. Miller further stated that he feels that if residents knew exactly how this Ordinance would affect their individual properties that a majority of people would have expressed their concern. He indicated that a notice should be given making residents understand exactly what can be done with their property under such an Ordinance. Hearing no further discussion, Mayor Pro Tem Hill closed the public hearing. Councilmembers discussed the proposed Ordinance's affect on properties in the City. Councilmember Pernell commented on the study conducted by staff relative to the number of properties affected by the proposed Ordinance. He suggested that this item be returned to the Planning Commission with this information for further review. Councilmember Pernell also suggested that emphasis be given to noticing when consideration of this type of Ordinance is before the Planning Commission or City Council. Councilmember Murdock concurred with Councilmember Pernell's comments. Councilmember Heinsheimer commented on the RHCA's concern regarding the preservation of easements and their request to the City to look into this matter. He indicated that he feels that this Ordinance should be remanded back to the Planning Minutes City Council Meeting 02/25/98 -3- Commission for further study. He said that preserving the easements for the RHCA, preserving buildable space in RAS -1 Zone and maintaining the architectural and land use controls on which the City is based should be taken into account. Hearing no further discussion, Mayor Pro Tem Hill called for a motion. Councilmember Heinsheimer moved that the proposed Ordinance be rejected as it has come before the City Council and that it be remanded back to the Planning Commission for further review. Councilmember Pernell seconded the motion which carried unanimously. RECESS Mayor Pro Tem Hill thanked those in attendance for their input and recessed the meeting at 8:45 p.m. RECONVENE Mayor Pro Tem Hill reconvened the meeting at 8:55 p.m. PLANNING COMMISSION ITEMS RESOLUTION NO. 98-1: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT RETAINING WALLS, GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO CONSTRUCT RETAINING WALLS, AND GRANTING A REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 568. Mr. and Mrs. William Powers, 18 Crest Road East (Lot 193 -1 -MS) Planning Director Ungar presented the staff report. Hearing no discussion, Mayor Pro Tem Hill called for a motion. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 98-1. Councilmember Murdock seconded the motion which carried unanimously. RESOLUTION NO. 98-2: 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 RETAINING WALL AND GRANTING SITE PLAN REVIEW APPROVAL OF SUBSTANTIAL ADDITIONS TO AN EXISTING RESIDENTIAL STRUCTURE IN ZONING CASE NO. 571. Mr. and Mrs. Lee Rosen, 7 Lower Blackwater Canyon Road (Lot 83-RH) Planning Director Ungar presented the staff report. Hearing no discussion, Mayor Pro Tem Hill called for a motion. Councilmember Heinsheimer moved that the City Council receive and file Resolution No. 98-2. Councilmember Murdock seconded the motion which carried unanimously. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS -Continued ZONING CASE NO. 545A, CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION DENIED REQUESTS FOR SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND DENYING A REQUEST FOR A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT YARD SETBACK FOR A STABLE AND CORRAL BY THE INABILITY OF THE COMMISSION TO MAKE AFFIRMATIVE FINDINGS ON THE APPLICATIONS BY MAJORITY VOTE. MS. KELLY TSOU, 6 RINGBIT ROAD WEST (LOT 8 -A -2 -SF). Minutes City Council Meeting 02/25/98 -4- 1 1 1 Planning Director Ungar presented the staff :report. She introduced Los Angeles County representatives and indicated that they,«are'`in attendance to answer questions regarding their review of the proposed project. Mayor Pro Tem Hill opened the continued public hearing and called for testimony. Mr. Robert Thomas, District Geologist, Los Angeles County, introduced Ms. Maria Toribio, County District Soils Engineer and outlined their review of the soils and geology for the proposed project. He stated that the site meets the minimum County standards and that they have issued feasibility approval for the proposed project. Mr. Stanley Lamport, applicant's representative, summarized the information as outlined in his report dated January 26, 1998, relating to the City Council's request for further information regarding the proposed project's effects on hydrology, bedrock and recompaction issues, stages of grading, stable location, quantity of hardscape and distance from the Flying Triangle. He also reported on the additional information requested by the County during their review of the proposed project. Mr. Lamport stated that the applicant is willing to move the proposed stable and corral area to an area on the property that does not require a Variance and that the proposed project meets the criteria for Site Plan Review. Mr. Lamport also commented on the letter received from the Klondike Canyon Geological Hazard Abatement District dated February 24, 1998, that was placed before the Council this evening. Mr. Charles Raine, 2 Pinto Road, expressed concern regarding the distance of the proposed project from Klondike Canyon and the Flying Triangle and described his estimation of the impact of the drainage from the proposed project on those areas. Mr. Raine commented on the number of residents that have come forward to express concern for the proposed project and stated that over the years there have never been so many people opposing a project. Mr. Raine further commented on the Los Angeles County Materials Engineering and Geologic Review Report dated January 21, 1998. He expressed concern that the report contains many disclaimers. Mr. Gordon Schaye, 58 Portuguese Bend Road, commented on the septic system for the proposed project. He expressed concern for the view of the proposed project from his residence and the effect that the proposed development may have on an ancient landslide in the area. Dr. Alfred Marrone, 17 Southfield Drive, stated that he is concerned about the amount of grading for the proposed project. Dr. Marrone provided a brief history regarding a previously approved plan for this property and commented on the position of the proposed residence on the property. He also commented on the view of the proposed residence from other properties in the area. Dr. Marrone expressed concern for the change in the amount of cut and fill for this project during the time that it has been evaluated by the City Council. Mr. Lamport, applicant's representative, presented an explanation of the distance issue raised by Mr. Raine and the issue of grading amounts presented by Dr. Marrone. Discussion ensued regarding the concerns raised by those who had provided testimony relating to this Zoning Case. Mr. Lamport presented an explanation and indicated that the report he submitted and the County review addresses the various concerns raised by surrounding property owners and the City Council. Mr. William Horn, 16 Southfield Drive, explained the amount of drainage he has observed from properties in his immediate proximity. Hearing no further testimony, Mayor Pro Tem Hill closed the public hearing. Councilmembers discussed the concerns relating to drainage from the proposed project and its impact on the adjacent canyons. Mr. Phil Doudar, Supervising Civil Engineer III, Los Angeles County, stated that he has reviewed the hydrology study presented by the applicant and drainage plans for the proposed project. He also said that his department ran their own calculations relating to Minutes City Council Meeting 02/25/98 -5- this project. He stated that the County representatives in attendance are not here to advocate any project but to indicate certain opinions based on their experience and education which supports the conclusions they have made. Mr. Doudar explained how the review was conducted and highlights of the report. He stated that he has read the recent letter from the Klondike Canyon Geologic Hazard Abatement District and stated that the runoff from the proposed development will have little impact on the volume of runoff in a 10, 25 and 50 year storm on Klondike Canyon or the Flying Triangle. Mr. Doudar expressed his opinion that 50 new lots in the area would make a difference however, 1 lot would not. He suggested that if the Council wishes, the disbursement of runoff on the property can be mitigated with certain drainage facilities located on the property. Mr. Robert Thomas, District Geologist, Los Angeles County, stated that he and Los Angeles County Soils Engineer Maria Toribio, have reviewed the soils, geology and grading plan submitted by the applicant. He explained the County's review and the minimum County standards that must be met. He stated that the written feasibility approval granted by the County contains certain disclaimers so that it cannot be mistaken in the future as an approved, permitted project for construction since an actual building plan has not been submitted. He said that those disclaimers do not diminish the extensive review of the project by the County and feasibility approval that was ultimately granted. Discussion ensued regarding the County's findings relative to the proposed project. In response to Councilmember Pernell, Mr. Doudar suggested that drainage run-off could be mitigated by on-site water detention facilities. Councilmember Heinsheimer suggested that a letter be forwarded to Supervisor Don Knabe regarding the County's responsiveness in reviewing this project and attendance at the City Council meeting to address concerns raised by the City Council and adjoining property owners. Councilmembers discussed the application for a Variance for the stable and corral in the front yard and the applicant's willingness to withdraw that application. Hearing no further discussion, Mayor Pro Tem Hill called for a motion. Councilmember Heinsheimer moved that the request for a Variance for an encroachment into the front yard setback for a stable and corral be withdrawn and that staff be directed to prepare a Resolution of Approval for Site Plan Review for the construction of a new single family residence in Zoning Case No. 545A with drainage mitigation conditions included. Councilmember Pernell seconded the motion which carried unanimously. OLD BUSINESS RESOLUTION NO. 834: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS SUSTAINING THE DECISION OF THE VIEW PRESERVATION COMMITTEE SET FORTH IN ITS RESOLUTION NO. VPC -97-1 RELATIVE TO ABATEMENT OF A VIEW IMPAIRMENT AT 11 QUAIL RIDGE ROAD SOUTH. Planning Director Ungar presented the staff report. City Attorney Mike Jenkins provided comments relative to the background regarding this issue. He also presented a photograph depicting the correct perspective that should be accepted into the record and suggested that the public hearing be reopened for acceptance of this photograph into the record and limited testimony. Mayor Pro Tem Hill reopened the public hearing. Mr. Burt Arnold, 2 Spur Lane, stated that he feels that his view is now restored to his satisfaction. He indicated that he feels that the trees on Mrs. McNabb's property, depicted to the left or south of his residence, may impair his view of Catalina Island in the future. Mr. Arnold stated that he would like for Mrs. McNabb to maintain the trees, on her property, at or below the level depicted in the photograph. Minutes City Council Meeting 02/25/98 -6- Mr. Stan Ralls, representing Mrs. McNabb, provided a brief history regarding the view impairment case and presented an explanation.rof the concerns regarding Resolution No. 834 as outlined in his letter to the CityC-ouriCil dated February 24, 1998, which was placed before the Council this evening. He stated the he feels that if there are any trees on Mrs. McNabb's property at this time that may become a view impairment to Mr. Arnold in the future, that they should be removed at Mr. Arnold's expense now. He said that Mrs. McNabb should not be responsible for the future maintenance of these trees on her property. Hearing no -further testimony, Mayor Pro Tem Hill closed the public hearing. Discussion ensued regarding the photograph and the trees on Mrs. McNabb's property located to the left of the Arnold residence. Councilmembers discussed the various points in Resolution No. 834 and concurred thats the photograph submitted this evening should become the benchmark by which the view should be maintained. Councilmembers discussed the fact that Mr. Arnold feels that his view is now restored. The Council concurred that Mrs. McNabb should be responsible for maintaining the view at this benchmark level. Hearing no further discussion, Mayor Pro Tem Hill called for a motion. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 834 as amended. The amendments are to include the following: 1) that the title of Resolution No. 834 should read "A Resolution of the City Council of the City of Rolling Hills relative to abatement of a view impairment at 11 Quail Ridge Road South"; 2) that Section 4, Paragraphs A and B should include that the photograph introduced into the record at the reopened public hearing be attached to the Resolution as Exhibit A; 3) that Section 4, Paragraph B should include that future maintenance of trees and vegetation on the property at 11 Quail Ridge Road South shall be performed at the sole expense of Mrs. McNabb; and 4) that the Resolution be recorded against the title of 11 Quail Ridge Road South. Councilmember Pernell seconded the motion which carried unanimously. NEW BUSINESS None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY None. ADIOURNMENT Hearing no further business before the City Council, Mayor Pro Tem Hill adjourned the meeting at 11:25 p.m. to the next regular meeting of the City Council to be held on Monday, March 9, 1998, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, . 1< Marilyn L. Kenn Deputy City Clerk Approved, Frank E. Hill Mayor Pro Tem Minutes City Council Meeting 02/25/98 -7-