Loading...
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 -4- 1 1