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-