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3/11/2002 (2)MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 11, 2002 CALL TO ORDER An adjourned regular meeting of the City Council and an adjourned regular meeting of the Planning Commission of the City of Rolling Hills was called to order by Mayor Murdock and Chairman Roberts at 6:50 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. Commissioners Present: Hankins, Margeta, Sommer, Witte and Chairman Roberts. Commissioners Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. ITEMS FOR DISCUSSION LANDSCAPE PLAN REVIEW. City Manager Nealis presented the staff report providing background regarding the current process for obtaining and reviewing landscape plans and bonds that are oftentimes required by the Planning Commission in certain Site Plan Review land use application approvals. In response to Councilmember Pernell, City Manager Nealis explained that in inspecting implemented landscaping after the two year period, that most often the property had been landscaped correctly and resident comments received are generally limited to why did the City hold the bond so long. City Manager Nealis explained the types of financial instruments used to satisfy the landscape bond requirement. He also explained how the City works with applicants to bring the landscaping up to the standards expected and how the bond would be ,liquidated if the landscaping did not meet the requirements. He also said that the City has never had to liquidate a bond. In response to Commissioner Hankins, City Manager Nealis explained how limited landscape view impairment concerns are addressed during the discretionary review process. He also reported that the Commission may impose a condition limiting the height of certain trees on the property, however, the City Attorney has determined that the Commission can only impose conditions on trees that are directly connected to the site plan application. Mayor Pro Tem Lay stated that he raised this issue because he felt that he would like to raise the visibility of the landscape review process especially in those situations where there is significant grading and large amounts of 2:1 slope. He commented on the standard landscape conditions that are placed in resolutions of approval and indicated that he would like to see an increased focus on landscape plans when a significant amount grading is approved. He also suggested that a landscape committee be established to review landscape plans to ensure that they are in conformance with native planting in the area. Commissioner Witte commented on landscaping of 2:1 slopes to prevent erosion. Councilmember Heinsheimer stated that he feels that landscape measures never should be used to cover bad grading. Chairman Roberts stated that when it comes to grading and slopes, the Planning Commission carefully reviews these types of situations. Discussion ensued regarding the landscape review process. Mayor Pro Tem Lay stated that he feels that this process can be improved with a more formal process and focus on proposed landscape plans as he had suggested. After discussion, staff was directed to forward this item to the Planning Commission for Minutes City Council/Planning Commission Joint Meeting 03/11/02 -1- consideration of more specific landscape conditions in resolutions of approval and the formation of a landscape review committee. CONSIDERATION OF APPLICATION OF ZONING CODE PROVISIONS IN CALCULATING TOTAL LOT, NET LOT AND DISTURBED AREA RELATING TO NON RHCA MAINTAINED ACCESSWAYS. City Manager Nealis presented the staff report providing information and background regarding the exclusion of driveways serving other properties or other uses from the net lot area calculation which are not maintained by the RHCA. He indicated that a letter from a local architect and a letter from a local engineering firm had been received requesting that this matter be reviewed because there is not a provision in the Municipal Code to exclude that area from the disturbed area. He reported that in the past few months several development applications had been received by the Planning Department, where private driveways, not maintained by the RHCA, are traversing the full length of the properties serving as access to other properties or a utility company facility. He indicated that in a recent case where this situation occurred, it ultimately lead to the removal of a proposed guesthouse from the plan due to measured disturbed area. In response to Councilmember Pernell, City Manager Nealis stated that an applicant could seek a variance to exceed the 40% maximum disturbed area. Also in response to Councilmember Pernell, Planning Director Schwartz stated that within the last three months, four properties with this condition were presented for Planning Commission review. Discussion ensued on methods to remedy this situation. In response to Councilmember Heinsheimer, Planning Director Schwartz explained the Municipal Code Sections which establish the calculation of total lot, net lot and disturbed area. In response to Councilmember Hill, Chairman Roberts commented that not until just recently, did this situation become a factor in the residential development applications before the Commission. He explained that the Commission reviews properties on a case by case basis on their own merits and that the Commission has enough discretion to deal with these situations when they occur. He stated that he feels that in the last case where this occurred, it ultimately worked out for the betterment of the community. Councilmember Heinsheimer suggested that there would be an advantage in making this clear in the Municipal Code so that applicants are made aware it. He suggested that the Commission review the options outlined in the staff report and make a recommendation to the City Council for a possible amendment to the Municipal Code. Councilmembers and Commissioners discussed that applicants would be inclined to ask for a variance in this instance. City Attorney Jenkins commented on the issuance of a variance. After discussion, staff was directed to forward this item to the Planning Commission for consideration of a possible amendment to the Municipal Code clarifying the impact to the total lot, net lot and disturbed area calculations when this condition exists on a property. CONSIDERATION OF RETURNING DISTURBED AREAS TO NATURAL STATE ON RESIDENTIAL PROPERTIES. City Manager Nealis stated that this report is being presented to make the City Council and Commission aware of a practice that has been implemented on occasion and to receive input from the Council and Commission. City Manager Nealis explained the Municipal Code Sections relating to maximum level of site development permitted and maximum disturbed area. He said that in reviewing a recent land use application, staff was questioned whether a Site Plan Review application involving a developed property that proposed to remove portions of an old driveway could return that area to natural grade, including natural landscaping, and allow that portion of the property to no longer be calculated as disturbed. He indicated that in discussing this with the City Attorney, he determined that this could be done. He highlighted a recent case where the property owner returned a disturbed area to a natural state. He explained the criteria which staff would use to evaluate these requests and stated that these conditions will be brought to the attention of the Commission during their review of an application where this practice has been implemented. Commissioners commented that they prefer these types of areas to be returned to a natural state. Councilmember Heinsheimer indicated that he feels that applicants should be able to take away an impervious surface such as a tennis court and return it to a natural state in trade for a less non -rural improvement on a property. He commented on the types of disturbances that may occur on a property and indicated that these types should be separated in the Municipal Code so that the process is clear. Mayor Pro Tem Lay stated that he would not want to see a correction of disturbance of one side of a property so that construction could take place on the other side. Minutes City Council/Planning Commission Joint Meeting 03/11/02 -2- Councilmember Hill commented on the grading and recompacting of properties where there is a geological problem. Discussion ensued regarding grading, pad sizes and the 40% disturbed area requirement. Councilmember Pernell indicated that grading should be kept to a minimum and completed in the shortest amount of time in the City. Mayor Pro Tem Lay stated that he concurs with Councilmember Heinsheimer's suggestion of separating grading to correct geologic conditions from the removal of hardscape and returning it to a natural state, in any amendment to the Municipal Code that would be considered. After discussion, staff was directed to forward this item to the Commission for consideration of a possible amendment to the Municipal Code separating provisions for disturbance created by construction which involves the removal of hardscape and proposes a feasible return to natural state, from geotechnical -temporary disturbances to correct land conditions in anticipation of construction. CONSIDERATION OF PENALTIES FOR UNAUTHORIZED MODIFICATIONS TO APPROVED STRUCTURES. City Manager Nealis presented the staff report outlining the current measures to educate residents to discourage illegal construction, conversion or "as built" projects and methods to penalize applicants who present "as built" projects to the City such as the City's administrative fee and the doubling of permit fees by the County. He also provided information on how other municipalities address this situation. Further information was provided on filing complaints with the Contractors and Architects Licensing Boards. Councilmember Heinsheimer commented that he feels that the professionals working in the City should know better than to do work without proper approvals or permits. He queried as to what the City could do to discourage this activity. Discussion ensued regarding methods to discourage "as built" projects. City Manager Nealis explained a case where the District Attorney was involved to gain compliance. Mayor Murdock commented on a previous letter to the Contractors Licensing Board regarding a contractor who had done work in the City without approvals or permits. She indicated that this was effective. In response to Mayor Pro Tem Lay, City Attorney Jenkins indicated that the State of California is the governing licensing board for contractors working in the City. Discussion ensued regarding issuing business permits. City Attorney Jenkins explained this process. Council -members and Commissioners discussed the issue and methods to discourage "as built" projects. City Manager Nealis stated that the ultimate denial of projects sends a very strong message to others regarding the City's stand on work completed without benefit of approvals or permits. In response to Mayor Pro Tem Lay regarding the $400 administrative fee, City Manager Nealis explained that the fees charged by the City must reflect the actual costs to the City to provide the service. In response to Councilmember Pernell, City Attorney Jenkins indicated that the City is subject to the Permit Streamlining Act. Commissioner Margeta commented on the strong message that it would send to residents and their professionals if the Commission denied "as built" projects. Discussion ensued regarding the weekend code enforcement efforts that are being conducted periodically by the LA County Department of Building and Safety. In response to Commissioner Witte, Mayor Murdock indicated that she feels that the RHCA would not feel that it would be part of the Gate Guards' responsibility to advise the City when heavy equipment enters the City. After discussion, this item was received and filed. CONSIDERATION OF FIRE SAFETY OF BUILDING MATERIALS AND CONSTRUCTION. Councilmember Frank Hill commented on a recent fire that occurred in Laguna. He indicated that homes constructed of stucco with Class A roofs and enclosed eve areas as well as proper brush clearance were saved from damage by this fire. He stated that he brought this to the attention of the RHCA. He commented on the construction of homes in Rolling Hills and expressed concern that even though Class A roofs are required, that eves are exposed and the RHCA requires that a percentage of the structure be wood. He explained how a fire causes damage under these conditions. He also explained how certain vegetation fuels a fire. He stated that he would like to see new structures constructed with eves that are enclosed and to Minutes City Council/Planning Commission Joint Meeting 03/11/02 -3- not deny the use of stucco because it is one of the best fire preventive materials used today. Commissioner Witte commented on a fire that occurred in Rolling Hills. Discussion ensued regarding LA County Building and Safety rules and regulations for building and roofing materials. In response to Councilmember Pernell, Councilmember Hill stated that he feels that the City should advise the RHCA Architectural Review Committee of his fire safety concerns. After discussion, staff was directed to forward this item to the Planning Commission for consideration of recommendations to the City Council for presentation to the RHCA relating to permitted construction materials on the sides of buildings and enclosing the eves on residential structures to improve fire safety. COMMENTS ON OPERATING PROCESSES AND RELATIONSHIPS OF THE COMMISSION. Councilmember Pernell stated that the City Council relies on and appreciates the efforts of the Commission. He stated that he feels that the Planning Commission is the City's first line of defense in maintaining the City the way it is. Chairman Roberts indicated that the feels that the Commission's relationships with the City Council, staff and the RHCA could not be better. He stated that the Commission appreciates the support of the City Council. Discussion ensued regarding the trend in the City to tear down existing homes to build larger homes. Councilmembers and Commissioners discussed the 30% building pad coverage guideline. In response to Commissioner Sommer, Councilmember Hill stated that he feels that the Commission is doing a good job in this regard especially since the Commission reviews the proposed projects on a case by case basis on the merits of each property. Councilmembers discussed the zoning case memorandum prepared by Planning Director Schwartz regarding cases that were either approved or denied by the Commission that were appealed or taken under jurisdiction by the City Council. Councilmember Pernell stated that he feels that the Commission guidelines should be considered very strongly by the Commission. Comments were offered that making exceptions to the guidelines may set a precedent. Mayor Pro Tem Lay commented on the establishment of the Site Plan Review process. Commissioner Hankins commented that cases that exceed the maximum disturbed area are coming up more and more. Discussion ensued about real estate sales in the City. In response to Commissioner Witte, City Manager Nealis explained that he addresses the PV Association Board of Realtors at least twice a year on the residential development highlights of the City. After discussion, this item was received and filed. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM MEMBERS OF THE PLANNING COMMISSION Commissioner Witte commented on the View Preservation Guidelines that he had prepared to provide residents with an understanding of the view impairment restoration procedures that are separately provided by the City and the RHCA. He requested that the City Council review this document and indicated that the Commission will complete their review of this document at their meeting on 3/19 and will be forwarding it to the City Council for consideration of dissemination to residents. Councilmember Heinsheimer commented on the interpretations of the view impairment procedures and policies of the RHCA that were forwarded to the City Council and Planning Commission by RHCA Board Member Don Crocker. City Manager Nealis indicated that this document will be presented to the Planning Commission on March 19`h. MATTERS FROM STAFF None. Minutes City Council/ Planning Commission Joint Meeting 03/11/02 -4- 1 1 I� 1 MATTERS FROM THE CITY ATTORNEY None. ADIOURNM[IENT Hearing no further business before the City Council or Planning Commission, Mayor Murdock adjourned the meeting of the City Council to the next regular meeting to be held on Monday, March 25, 2002 and Chairman Roberts adjourned the meeting of the Planning Commission to the next regular meeting to be held on Tuesday, March 19, 2002, both to be held in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, MLWazl ,n olp Marilyn L. Ktrn Deputy City Clerk Approved, Jody blur ck Mayor yr -- D Allan Roberts— Chairman Minutes City Council/Planning Commission Joint Meeting 03/11/02 -5-