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3/10/2003MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MARCH 10, 2003 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Lay at 7:33 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Councilmember Heinsheimer, Pernell, Mayor Pro Tem Hill and Mayor Lay. Councilmembers Absent: Murdock (Excused). Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Marilyn Kern, Deputy City Clerk. Assistant Fire Chief John Alkema, LAFD. Captain Jay Zuanich, LASD, Lomita Station. Lt. Gregg Ahn, LASD, Lomita Station. Ed Acosta, Supervising Building and Safety Engineering Specialist, LA County. SPECIAL ITEMS RESOLUTION NO. 930: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION ON MARCH 4, 2003, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. City Manager Nealis introduced Resolution No. 930. Councilmember Heinsheimer moved that the City Council adopt Resolution No. 930. Councilmember Pernell seconded the motion, which carried unanimously. INSTALLATION AND OATH OF OFFICE OF NEWLY ELECTED OFFICIALS City Manager/Clerk Nealis administered the Oaths of Office to B. Allen Lay, Frank E. Hill and Dr. James Black. COMMENTS FROM CITY COUNCILMEMBERS. Mayor Lay commended staff for their handling of the election process. At 7:40 p.m., Mayor Lay called for a recess for a reception in honor of the newly elected officials. Mayor Lay reconvened the meeting at 7:50 p.m. 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 -Regular Meeting of February 24, 2003. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. FY 2003-2004 City of Rolling Hills Budget Preparation Memorandum. RECOMMENDATION: Receive and file. d. Approval of attendance at the California Contract Cities Association 44' Annual Municipal Seminar scheduled for May 29 -June 2, 2003. RECOMMENDATION: Approve as presented. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar. Councilmember Pernell seconded the motion, which carried unanimously. Minutes City Council Meeting 03/10/03 -1- PLANNING COMMISSION ITEMS None. TRAFFIC COMMISSION ITEMS None. PUBLIC HEARINGS ZONING CASE NO. 653, REQUEST FOR A SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE; REQUEST FOR A SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT TO CONSTRUCT A GUESTHOUSE; REQUEST FOR A VARIANCE TO PERMIT ENCROACHMENT OF THE PROPOSED DETACHED GARAGE INTO THE SIDE YARD SETBACK; AND REQUEST FOR A VARIANCE TO LOCATE THE GUESTHOUSE IN THE REAR YARD AREA ON A THROUGH LOT AT AN EXISTING SINGLE FAMILY RESIDENCE AT 40 EASTFIELD DRIVE, (LOT 91 -EF), ROLLING HILLS, CA. AN ADDITION TO THE MAIN RESIDENCE, WHICH DOES NOT REQUIRE DISCRETIONARY APPROVAL IS ALSO PROPOSED. (TONSICH) City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and application. He indicated that the City Council conducted a field review of the proposed project on February 6, 2003 and that Councilmember Heinsheimer visited the site with the Planning Director at a later date. He reported that at the field trip, members of the City Council expressed concern about the proximity of the proposed detached garage to the adjacent residence and the fact that it is proposed along the easement line and that Councilmembers suggested that the proposed garage be moved, to lessen the encroachment into the side yard setback. He reported that the applicant has proposed a revised plan moving the structure two feet away from the easement, for an eight - foot encroachment into the side yard setback with the detached garage and a two feet planting area behind the garage. Mayor Lay called for testimony. Mr. Nicholas Tonsich, applicant, commented on concerns expressed at the field trip about the potential for noise emanating from the structure. He reported that insulation and sound proofing measures are in place on the plan to mitigate any noise that may emanate from the structure. He provided a brief history of the garage structure indicating that it has been on the property for approximately 40 to 50 years. He stated that he did not know the structure was not permitted when he purchased the property 12 years ago. He explained the revised plan indicating that the structure has been move away from the easement to allow for landscaping that will screen the structure from the neighboring property. He stated that the structure would also not be visible from the roadway. Mr. Jerry Rodin, applicant's representative, commented on the specifications relating to the sound proofing of the proposed structure. Councilmember Pernell commented on the revised plan. In response to Councilmember Pernell, Mr. Rodin explained that he had conferred with his client who indicated that he desired to revise the plan to the current design with an 8 ft. encroachment. He indicated that the 2 ft. area behind the garage allowed for planting material to screen the structure without planting in the easement. In response to Mayor Lay, Mr. Rodin explained that the required overhang for the proposed garage would be approximately 1 ft. Mr. Rodin indicated that he does not know the exact measurement of the overhangs and that the applicant would be presenting the architectural plan to the RHCA after Planning Commission review. Mayor Lay expressed concern that the 2 ft. area behind the garage may not support adequate landscaping to screen the structure in the 2 -foot amount of space and that the landscaping would be impeded by the overhang. He stated that he feels that the 2 ft. is not sufficient space to support adequate screening materials. Mr. Rodin indicated that having more space behind the structure would require it to be placed further onto the applicant's property. He explained that that the proposed plan provides for off street parking area and a turn -around area for vehicles on the applicant's property. Mr. Tonsich indicated that he feels that the existing Eucalyptus Trees that occupy the majority of the area in question provide sufficient screening of the structure. He explained the areas that are visible from the adjoining property and a plan to screen the structures on his property. He stated that he could return to the City Council and provide further diagrams of Minutes City Council Meeting 03/10/03 -2- where the screening will be placed. He further commented on the amount of time that the structure has been on the property and the parking situation on Eastfield Drive and explained that the extra room on his property adds an extra safe off-street parking safety benefit. He also stated that the garage would be too close to his residential structure if it is moved further away from the setback. Councilmember Heinsheimer stated that he had visited the property since the last City Council meeting and indicated that he feels that the current plan is an improvement over the original plan and the existing situation. He said that he feels that the applicant has provided a plan with minimum grading and that a revised plan showing the structure further away from the setback may require additional grading. Discussion ensued regarding proposed planting in the easement to screen the structure. In response to Mr. Tonsich, Mayor Lay acknowledged that the RHCA granted approval for an easement reduction on his property, but expressed concern that the RHCA could withdraw any license agreement to plant in an easement at a future point in time. Mayor Pro Tem Hill suggested that the applicant may wish to move the structure a little further inward from the setback to allow room for the landscaping so to not cause the landscaping to damage the proposed structure. Hearing no further discussion, Mayor Lay continued the public hearing to the next regular meeting of the City Council scheduled to be held on Monday, March 24, 2003 to allow the applicant time to revise the plan. OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Pernell commented on his attendance at the South Bay Cities Council of Governments Homeland Security Seminar held recently. He reported that he would like to recruit more Rolling Hills residents to become involved the Peninsula Emergency Response Team (PERT) and would be working with the City Manager in that regard. Mayor Lay announced that City Council reorganization would be included on the March 24, 2003 City Council agenda. MATTERS FROM STAFF City Manager Nealis reported that he and Planning Director Yolanta Schwartz are researching the fees for soil and geology review by the County and will report their findings to the City Council. MATTERS FROM THE CITY ATTORNEY CLOSED SESSION The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation. Existing Litigation: G.C. 54956.9(a) Judith Hassoldt and William Hassoldt, Individuals, Plaintiffs, vs City of Rolling Hills, et. al., Los Angeles County Superior Court, Case No. BC275012. No closed session was held. Minutes City Council Meeting 03/10/03 -3- ADTOURNMENT Hearing no further business before the City Council, Mayor Lay adjourned the meeting at 8:20 p.m. to the next regular meeting of the City Council to be held on Monday, March 24, 2003, beginning at 7:30 p.m., in the City Council Chambers, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Marilyn L. Kern Deputy City Clerk Approved, 6 B. Allen Lay Mayor 1 Minutes City Council Meeting 03/10/03 -4-