11/13/2000MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF. THE
CITY OF ROLLING HILLS, CALIFORNIA
NOVEMBER 13, 2000
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.
Mike Jenkins, City Attorney
Lola Ungar, Planning Director.
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 - (1) Adjourned Regular Meeting October 17, 2000 and (2) Regular
Meeting October 23, 2000.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. BFI Recycling Tonnage Report for September, 2000.
RECOMMENDATION: Receive and file.
Councilmember Hill moved that the City Council approve the recommendations in the
Consent Calendar. Councilmember Lay seconded the motion which carried unanimously by
those Councilmembers in attendance.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2000-24: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT
ENCROACHMENTS INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT
RETAINING WALLS AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE
CONSTRUCTION OF ADDITIONS TO A SINGLE FAMILY RESIDENCE THAT WILL
REQUIRE RETAINING WALLS AND GRADING IN ZONING CASE NO. 622.
Mr. Edmund Talbot, 7 Packsaddle Road West (Lot 19 -SF)
City Manager Nealis presented the staff report providing background regarding Zoning Case
No. 622 and the City Council's continuance of this item to this evening's meeting to allow the
applicant the time to have the Community Association Architectural Committee review the
proposed average retaining wall height associated with this case. City Manager Nealis
explained that the applicant presented a retaining wall that was reduced in height by 2 feet 8
inches to the Community Association. He said that the Association Manager does not feel the
reduced retaining wall height would have any difficulty being approved by the Architectural
Committee. He suggested that if the City Council were to receive and file Resolution No.
2000-24 that correspondence be forwarded to the Community Association noting that the wall
has been reduced and supporting their discretion to reduce it if they so desire.
In response to Councilmember Lay, City Manager Nealis explained that there will be a
railroad tie step in front of the retaining wall. Hearing no further discussion, Mayor Pernell
called for a motion.
Councilmember Lay moved that the City Council receive and file Resolution No. 2000-24.
Mayor Pro Tem Murdock seconded the motion which carried unanimously by those
Councilmembers in attendance.
Minutes
City Council Meeting
11/13/00 -1-
RESOLUTION NO. 2000-25: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A REQUEST FOR SITE PLAN REVIEW
FOR THE CONSTRUCTION OF SUBSTANTIAL ADDITIONS TO AN EXISTING
SINGLE FAMILY RESIDENCE AT 12 UPPER BLACKWATER CANYON ROAD IN
ZONING CASE NO. 691.
Mr. and Mrs. Pervaiz Lodhie, 12 Upper Blackwater Canyon Road (Lot 97-1-RH)
Planning Director Ungar presented the staff report providing background regarding the
applicant's request, the property and Planning Commission action relative to Zoning Case No.
691. Planning Director Ungar explained that the illegally constructed deck that is the subject of
the next Zoning Case on the agenda is partially located on this property. In response to
Councilmember Lay, Planning Director Ungar explained that the discrepancy in the
calculations in the size of the proposed residence is the fact that the garage was included on
one set of figures and was not included on the other.
In response to Mayor Pernell, City Manager Nealis explained that reductions in the scope of
this project were brought to the attention of the City Council to point out that the Planning
Commission did not approve this case as presented. He further explained the reduction in
grading associated with this case. City Manager Nealis explained that the Municipal Code
requires that illegal conditions on a property be brought into conformance when a project is
brought before the City and indicated that this is the reason that the illegally constructed deck
that is the subject of the next Zoning Case on the agenda is tied to this Zoning Case. He stated
that deck encroaches 1 foot onto the Lodhie property and that the Lodhies do not object to the
deck.
Hearing no further discussion, Mayor Pernell called for a motion.
Councilmember Hill moved that the City Council receive and file Resolution No. 2000-25.
Councilmember Lay seconded the motion which carried unanimously by those
Councilmembers in attendance.
RESOLUTION NO. 2000-26: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO
THE FRONT YARD SETBACK FOR A PREVIOUSLY ILLEGALLY CONSTRUCTED
DECK AT 10 AND 12 UPPER BLACKWATER CANYON ROAD IN ZONING CASE NO.
620.
Mr. Murray Smith and Mr. and Mrs. Pervaiz Lodhie, 10 & 12 Upper Blackwater Canyon
Road (Lots 84-2-RH and 97-1-RH, respectively)
City Manager Nealis presented the staff report providing background regarding the
applicant's request, the property and Planning Commission action relative to Zoning Case No.
620. City Manager Nealis explained the Community Association has approved the deck and
has required a license agreement for it to remain in the easement.
In response to Mayor Pro Tem Murdock, City Manager Nealis explained that if the Lodhie
property should be sold and a future owner did not wish for the deck to remain, that the new
owner would have the discretion to removed the 1 foot portion that is encroaching onto this
property.
Mr. Murray Smith, applicant, explained the orientation of the deck on his property as well as
the 1 foot portion on the Lodhie property. He indicated that he discussed the deck with Mr.
Lodhie before its construction that the Mr. Lodhie expressed that he did not have any
objection to its construction.
In response to Councilmember Lay, City Attorney Jenkins stated that the subject case is a
request for a Variance from the requirement that structures not be permitted in the setback on
both properties. Discussion ensued over the License Agreement of the Community
Association in this case.
Hearing no further discussion, Mayor Pernell called for a motion.
Councilmember Lay moved that the City Council receive and file Resolution No. 2000-26.
Councilmember Hill seconded the motion which carried unanimously by those
Councilmembers in attendance.
TRAFFIC COMMISSION ITEMS
None.
Minutes
City Council Meeting
11/13/00 -2-
PUBLIC HEARINGS
ZONING CASE NO. 615, SUBDIVISION NO. 89, AND TENTATIVE TRACT MAP NO.
52292, REQUEST TO SUBDIVIDE TWO EXISTING LOTS TOTALING 67.64 ACRES
INTO 4 THAT WILL NOT BE LESS THAN 5 ACRES NET EACH WHERE THERE IS
ONE EXISTING SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED NORTH
OF JOHNS CANYON ROAD AT 4 STORM HILL LANE (LOTS 169 -A -MS & 169 -B -MS).
ONE SINGLE FAMILY RESIDENCE OCCUPIES A PORTION OF EXISTING LOT 169 -A-
MS. LOT 169 -B -MS IS VACANT.
MR. WALTER V. STORM, PRESIDENT, WESTERN BRASS DEVELOPMENT
CORPORATION, ET AL.
City Manager Nealis presented the staff report providing background regarding the proposed
subdivision and the revised plan that depicts the reconfiguration of the lot line on Lot No. 3
and a reduction in the grade of the proposed driveway access to Lot No. 3 in response to
concerns raised by the City Council at previous meetings. He explained the applicant's
position relative to other grading concerns expressed by the City Council. He also explained
the amendments to the plan have taken away the necessity for modifications associated with
this case.
Mayor Pernell opened the continued public hearing and called for testimony.
In response to Councilmember Lay, Mr. Kent Phillips, applicant's representative, explained the
amount of grading required for the proposed driveway orientation of Lot No. 3 and stated
that the driveway has been designed to follow the natural contours of the land in that area.
He further explained the grading on each of the lots and how soil from the proposed roadway
would be placed on the proposed lots. Mr. Phillips explained that the additional fill which is
being placed on Lot 2 was not moved to Lot 3 since the pad on Lot 3 already has a 25 foot, 2:1
manufactured slope and that raising this pad and exceeding the 25 foot distance would
necessitate the installation of an 8 foot wide bench with a concrete swale both along the bench
and leading down the slope for drainage and would reduce the pad area by approximately
10,000 sq. ft. on this lot. He said the applicant feels that this would not fit with the surrounding
natural terrain and cause aesthetic implications from some of the residences located on Buggy
Whip Drive.
Councilmembers discussed the proposed grading associated with this project and various
grading scenarios which may decrease the amount of grading needed for the roadway and
when the individual pads are developed. Mr. Phillips pointed out on an exhibit the proposed
cut and fill areas for the proposed lots and the roadway and the height of Lot No. 2. Mr.
Phillips explained that the applicant has agreed that the proposed Lots will not be further
subdivided and the applicant is committed to keeping the property as natural and rural as
possible. Councilmembers discussed the fact that grading and structures proposed for each of
the lots will be subject to Site Plan Review by the Planning Commission and the City Council
when they sold and are proposed for development. Planning Director Ungar stated that
Condition No. 77 in Planning Commission Resolution No. 2000-20 addresses grading and Site
Plan Review of the lots when they are developed.
Hearing no further discussion, Mayor Pernell closed the public hearing and called for a
motion.
Councilmember Hill moved that the City Council direct staff to prepare a resolution of
approval in Zoning Case No. 615 that follow the findings and conditions outlined in the
Planning Commission's recommendation for City Council review a the next regular meeting
scheduled to be held on Monday, November 27, 2000. Councilmember Lay seconded the
motion which carried unanimously by those Councilmembers in attendance.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS
TO ESTABLISH EXTERIOR LIGHTING STANDARDS AND AMEND TITLE 17
(ZONING) OF THE ROLLING HILLS MUNICIPAL CODE.
City Manager Nealis presented the staff report providing background regarding the Planning
Commission's recommendation regarding exterior lighting standards. He presented
Councilmember Heinsheimer's alternative language and request to continue consideration of
the ordinance. Councilmembers compared the language recommended by the Planning
Commission to Councilmember Heinsheimer's suggested language.
Minutes
City Council Meeting
11/13/00 -3-
Mayor Pernell opened the public hearing and called for testimony. Hearing none, the public
hearing was continued to the next regular meeting of the City Council to be held on Monday,
November 27, 2000.
OLD BUSINESS
None.
NEW BUSINESS
CONSIDERATION OF AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE
CITY OF ROLLING HILLS AND THE ROLLING HILLS COMMUNITY ASSOCIATION
TO ESTABLISH FUNDING AND MAINTENANCE RESPONSIBILITIES RELATIVE TO
EQUESTRIAN FACILITIES IN THE CITY.
City Manager Nealis presented the staff report providing background regarding the proposed
amendment to the lease agreement between the City and the Rolling Hills Community
Association. City Manager Nealis stated that the draft language attached to the staff report
was prepared by the office of the City Attorney and he highlighted the components of the
amendment.
Mr. Dave Breiholz, President of Caballeros, thanked the City Council for their consideration of
this matter and explained some of the improvements that Caballeros wishes to undertake at
the Caballeros and Hix Riding Rings.
Hearing no further discussion, Mayor Pernell called for a motion.
Councilmember Lay moved that the City Council approve the amendment to the Lease
Agreement between the City of Rolling Hills and the Rolling Hills Community Association.
Mayor Pro Tem Murdock seconded the motion which carried -unanimously by those
Councilmembers in attendance.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Lay requested that staff review land use applications for inconsistencies with
regard to RHCA regulations.
In response to Mayor Pernell, City Manager Nealis indicated that interviews for the Principal
Planner position will take place on Tuesday, November 14, 2000.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
None.
ADIOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at
9:05 p.m., to a regular meeting of the City Council to be held on Monday, November 27, 2000,
beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road,
Rolling Hills, California.
Mayor
Minutes
City Council Meeting
11/13/00
Respectfully submitted,
Marilyn L. Kern
Deputy City Clerk
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