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3/13/20061 1 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 13, 2006 CALL TO ORDER An adjourned regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 8:10 a.m:,.on Pine Tree Lane, approximately 320 feet northwest of the intersection of Portuguese Bend Road and Pine Tree Lane at the proposed driveway entrance to the proposed new lot, Rolling Hills, California. ROLL CALL Councilmembers Present: Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. Councilmembers Absent: Black (excused). Others Present: Craig Nealis, City Manager. Yolanta Schwartz, Planning Director. Doug McHattie, Bolton Engineering. Stan & Marianne Wishner, 31 Portuguese Bend Road. William Hassoldt,10 Pine Tree Lane. Tony Podell, 3 Pine Tree Lane. Dan Wick,1 Pine Tree Lane. PUBLIC HEARINGS A. ZONING CASE NO. 717 SUBDIVISION NO. 90, AND TENTATIVE PARCEL MAP NO. 27078„ A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 8.45 ACRES INTO 2 PARCELS THAT WILL NOT BE LESS THAN 2 ACRES NET EACH WHERE THERE IS ONE EXISTING SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND ACCESSORY USES AND REQUEST FOR A VARIANCE TO ALLOW PARCEL 2 TO HAVE LESS THAN THE MINIMUM REQUIRED WIDTH. THE PROPERTY IS LOCATED AT 20 UPPER BLACKWATER CANYON ROAD (LOT 101-RH) AND IS BEING IMPLEMENTED BY MR. AND MRS. KAZARIAN. Planning Director Schwartz provided background to those in attendance explaining that the Planning Commission had recommended that the City Council approve the modification requested by the applicant regarding the street frontage requirement of 150 feet in this case and allow the lot to be created with a 115 -foot frontage. She further described the Planning Commission action indicating that meeting the required 150 foot lot frontage on Pine Tree Lane would require the corral on the adjoining property owned by the applicant to be reduced in size and/or relocated. Councilmember Heinsheimer commented that there appear to be two subjects of discussion, one being the less than required 150 -foot lot frontage, and the other being whether the driveway should access the property from Pine Tree Lane or from the other side of the property on Upper Blackwater Canyon Road. Mayor Pro Tem Lay asked for a clarification as to the impact of the 150 -foot lot frontage on the barn and/or a corral. Planning Director Schwartz indicated that only the corral would be impacted. Dan Wick, 1 Pine Tree Lane, questioned if the stakes along the roadway were identifying the exact location of the proposed driveway and expressed that his wife had objected to the proposed driveway at a meeting about one year ago. Tony Podell, 3 Pine Tree Lane, asked if it was possible if the driveway could be provided onto Upper Blackwater Canyon Road. Bill Minutes City Council Field Trip Meeting 03/13/06 -1- Hassoldt, 10 Pine Tree Lane, expressed that the proposed driveway could be placed at the less steep or lower portion of the proposed new lot on Upper Blackwater Canyon Road. William Hassoldt objected to the proposed driveway being on Pine Tree Lane, objected to the impact of additional vehicles on Pine Tree Lane and expressed that recent grading and construction activity on parcels on Pine Tree Lane caused an increase in the number of vehicles traveling on that roadway. He expressed that this increased activity has damaged the road and felt that additional vehicles would be dangerous. He expressed that adding a new driveway to Pine Tree Lane would not be a good idea. Planning Director Schwartz indicated that providing a driveway onto Upper Blackwater Canyon Road would require more grading than to provide a vehicular access on Pine Tree Lane due to the steepness of the grades. She described the Planning Commission recommendations regarding minimizing of the impact of the proposed development on Pine Tree Lane by recommending that the pad be located 300 feet away from Pine Tree Lane. J.P. Centofante, 4 Pine Tree Lane, arrived at 8:25 a.m. Councilmember Heinsheimer requested that applicant's representative, Mr. Doug McHattie, identify the approximate location where the property line would be if the 150 -foot street frontage were provided. Mr. McHattie stepped off the approximate distance. Mayor Pro Tem Lay questioned whether the issue of a new home in view from the adjoining property had been addressed. Dr. & Mrs. Wishner, 31 Portuguese Bend Road, indicated that they could not see the pole placed by the applicant's representative from their property. Those in attendance walked to the northwest to observe the pole from the prospective of Pine Tree Lane. Mr. McHattie indicated that the pole depicted an average roof ridge height of 18 feet. Mr. Dan Wick expressed concern over another driveway being added to Pine Tree Lane. OPEN AGENDA - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL None. MATTERS FROM STAFF None. ADIOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 8:30 a.m. to a regular meeting of the City Council scheduled to be held on Monday, March 13, 2006, beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Craig Nealis City Clerk Approved;; Goell Mayor -- Minutes City Council Field Trip Meeting 03/13/06 -2- 1 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, MARCH 13, 2006 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:33 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Councilmembers Present: Black, Heinsheimer, Hill, Mayor Pro Tem Lay & Mayor Pernell. Councilmembers Absent: None. Others Present: Craig Nealis, City Manager. Mike Jenkins, City Attorney. Yolanta Schwartz, Planning Director. Ewa Nikodem, Recording Secretary. 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 27, 2006. RECOMMENDATION: Approve as presented. b. Payment of Bills. RECOMMENDATION: Approve as presented. C. FY 2006-2007 City of Rolling Hills Budget Preparation Memorandum. RECOMMENDATION: Receive and file. Councilmember Black requested that Check No. 18241,. Kathleen McGowen, Environmental Consultant, be taken off of Item 3 b., Payment of Bills, for clarification of shared client charges and held until the next City Council meeting. Councilmember Heinsheimer moved that the City Council approve the recommendations in the Consent Calendar with the exception of Check No. 18241. Councilmember Hill seconded the motion which carried unanimously. PLANNING COMMISSION ITEMS NONE. TRAFFIC COMMISSION ITEMS NONE. PUBLIC HEARINGS - CONTINUED A. ZONING CASE NO. 717 SUBDIVISION NO. 90. AND TENTATIVE PARCEL MAP NO. 27078, A REQUEST TO SUBDIVIDE AN EXISTING LOT TOTALING 8.45 ACRES INTO 2 PARCELS THAT WILL NOT BE LESS THAN 2 ACRES NET EACH WHERE THERE IS ONE EXISTING SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND ACCESSORY USES AND REQUEST FOR A VARIANCE TO ALLOW PARCEL 2 TO HAVE LESS THAN THE MINIMUM REQUIRED WIDTH. THE PROPERTY IS LOCATED AT 20 UPPER BLACKWATER CANYON ROAD (LOT 101-RH) AND IS BEING IMPLEMENTED BY MR. AND MRS. KAZARIAN. Minutes City Council Agenda 03/13/06 _1_ Councilmember Black indicated that he would abstain from consideration of this subdivision due to the proximity of his residence to the subject property and took a seat in the audience to participate as a resident. City Manager Nealis presented the staff report outlining the applicant's request and providing background regarding the property and Planning Commission action relative to the proposed subdivision. He indicated the City Council had visited the site earlier in the day and that several residents of Pine Tree Lane, two residents of Portuguese Bend Road and the applicant's representative attended the field trip. City Manager Nealis reported that the focus of the discussion at the field trip was the 115 -foot roadway frontage variance request, demonstrated driveway access onto Pine Tree Lane and the height of the potential future structure on the proposed new pad. He indicated that the applicant and his representative are in attendance this evening as well as some of the residents that were in attendance at the field trip. Discussion ensued about the subdivision process. ' In response to Councilmember Heinsheimer, City Manager Nealis explained the process indicating that proposed lot lines are specified and a minimum size pad is demonstrated for the proposed new lot. Planning Director Schwartz further explained that the actual location of the driveway will be reviewed under the Site Plan Review process when the proposed house is reviewed by the Planning Commission, which could change from the location depicted on the map. Mayor Pro Tem Lay queried whether the proposed driveway could be off of Blackwater Canyon Road and if that location would meet the standard recommendations of the Planning Commission. City Manager Nealis explained that a plan with a driveway off of Upper Blackwater Canyon Road would need to be presented by the applicant for staff to determine if a revised driveway location would meet the Code. In addition, Planning Director Schwartz explained that the Final Map is the legal document that is recorded and it does not show the pad or the driveway. In response to Mayor Pernell, City Attorney Jenkins confirmed, that there is appropriate legal language that the City Council could insert at the Tentative Map stage to state clearly that whatever is on the Tentative Map is really for demonstration purposes only and it does not indicate any approval of any administrative body, and does not specify the location of the future driveway. Councilmember Heinsheimer suggested that having Tentative Map showing the location of the driveway off of Upper Blackwater Canyon Road might help to support alternative locations of the driveway during future reviews. Mayor Pernell opened the continued public hearing and called for testimony. Mr. Doug McHattie, Bolton Engineering, representing the applicant, indicated that this lot is large enough to be subdivided into three parcels and that Mr. Kazarian was more comfortable with subdividing to create a total of two parcels instead of three. Also, he indicated that Mr. Kazarian does not wish to move his existing corral, and that is why he is seeking Variance approval to have a 115 -foot wide frontage along the Pine Tree Lane instead of the required 150 -foot frontage. Dr. James Black, 2 Appaloosa Lane, congratulated the applicant on the design and applauded the applicant for proposing to subdivide this lot into two parcels instead of three. He also supported the less than standard 30 feet roadway easement along Pine Tree Lane. Dr. Black commended the nicely kept easements along Upper Blackwater Canyon Road and Pine Tree Lane, however, he expressed concern about the current landscaping at the corner of Upper Blackwater Canyon Road and Portuguese Bend Road. Dr. Black requested that the portion of Upper Blackwater Canyon Road at Portuguese Bend Road that is currently landscaped, be cleared of vegetation to allow pedestrian and equestrian passage. Mr. William Hassoldt, 10 Pine Tree Lane, indicated that he felt that the roadway easement should be consistent along Pine Tree Lane and stated that his property has a 35 -foot wide roadway easement. He had no objections to the Variance to allow the proposed new parcel to be 115 feet wide at Pine Tree Lane, but indicated that he likes the nice scenic vista and requested that the area be kept the way it currently is. Mr. Hassoldt objected to having another driveway coming onto Pine Tree Lane due to congestion and damage to the road by construction trucks. He suggested that Mr. McHattie could prepare another map showing alternative access to the new parcel from Upper Blackwater Canyon Road instead of off Pine Tree Lane. He noted that other properties in Rolling Hills have long steep driveways and Minutes City Council Agenda 03/13/06 -2- indicated that creating a new driveway off of Upper Blackwater Canyon Road may be feasible. He indicated that since Mr. Kazarian already has an address on Upper Blackwater Canyon Road, that the new parcel should have Upper Blacwater Canyon Road address as well. In response to Mr. Hassoldt, Mayor Pernell explained that the Tentative Map is for demonstration purposes only and does not mandate the future driveway location. Mrs. Judith Hassoldt, 10 Pine Tree Lane, expressed that the criteria for subdivision are very basic with very basic guidelines. She indicated that the new parcel on Pine Tree Lane would have only a 115 -foot wide frontage versus the required 150 feet roadway frontage that could be achieved if the parcel was accessed off of Upper Blackwater Canyon Road. Also, Mrs. Hassoldt indicated that since Mr. Kazarian already has an address on Upper Blackwater Canyon Road, it would be unfair to ask Pine Tree Lane residents to have the driveway to the subject parcel on Pine Tree Lane. Mr. Tony Podell, 3 Pine Tree Lane indicated that he feels that if the City Council would decide to approve this subdivision at tonight's meeting that the driveway access to the new property would essentially be approved as well. In response to Mr. Podell, Mayor Pro Tem Lay explained that the residents of Pine Tree Lane would also be able to state their objections at any future Site Plan Review public„ hearing process. Mr. Podell stated that he would like to have it assured that the driveway would not be on Pine Tree Lane. He further explained that the Pine Tree Lane roadway needs to be repaired, and that his wife almost had two accidents because of construction trucks on Pine Tree Lane. Mr. Dan Wick, 1 Pine Tree Lane, indicated that as the property owner across the street, he would be the most affected by the driveway if it was to be off of Pine Tree Lane, but he does not object to Mr. Kazarian subdividing his property. He indicated that he would rather not see the driveway on Pine Tree Lane because it would face all of his bedroom windows and cars exiting the property would illuminate his bedrooms. He suggested that if the driveway is to remain off of Pine Tree Lane that it be moved closer to Portuguese Bend Road. Mrs. Hassoldt, 10 Pine Tree Lane, reiterated that her experience is that the Final Map is based on and looks like the Tentative Map. She requested that the Pine Tree Lane residents be assured at tonight's meeting, that the Final Map will not come out showing the future driveway on Pine Tree Lane. She indicated that she would like to see the Tentative Map show the new lot being accessed off of Upper Blackwater Canyon Road. Mr. Ben Kazarian, 20 Upper Blackwater Canyon Road, applicant, indicated that after hearing all comments, he will have his representatives prepare another map to show the driveway off of Upper Blackwater Canyon Road. Hearing no further testimony, Mayor Pernell closed the public hearing and called for a motion. Councilmember Heinsheimer moved that the City Council approve Tentative Map No. 27078 in Zoning Case No. 717, Subdivision No. 90 with standard findings of fact and without prejudge of the issue of the access to the new parcel. Councilmember Hill seconded the motion. Discussion ensued about the location of the building pad. Mayor Pro Tem Lay expressed concerns about the Variance request for less than 150 feet minimum width and maximum size of the pad area of the proposed new parcel. After further deliberation, Councilmember Heinsheimer revised his motion to approve the Tentative Map No. 27078 in Zoning Case No. 717, Subdivision No. 90 with two conditions: • Minimum of 150 feet width at all points along property lines. • Minimum of 12,000 and maximum of 18,500 square foot building pad. Councilmember Hill seconded the revised motion. Following further deliberation, and further concerns about the proposed location of the driveway, Councilmember Heinsheimer withdrew his motion to approve this Tentative Map and Councilmember Hill withdrew his second. In response to Mayor Pernell, Mr. Kazarian indicated that he would ask his representative to prepare. a map with a revised driveway as soon as possible. Following deliberation by the City Council, Mayor Pernell continued the Public Hearing on this matter to the regular City Council meeting scheduled for Monday, March 27, 2006 to allow the applicant the opportunity to revise the tentative map to reflect the minimum of 150 foot width at all points, a pad area of 12,000 to 18,500 square foot maximum, and to allow the applicant to examine.the feasibility of the driveway being located off of Upper Blackwater Minutes City Council Agenda 03/13/06 -3- Canyon Road. Mayor Pernell continued the Public Hearing with the understanding that it will be open for public testimony at the next hearing. City Attorney Jenkins advised staff to inform Mr. Podell, 3 Pine Tree Lane, who left the meeting before the Public Hearing was continued open, that public testimony can be taken at the next City Council meeting. Councilmember Black joined the City Council to continue consideration of other business on the agenda. OLD BUSINESS NONE. NEW BUSINESS A. CONSIDERATION OF FUNDING REQUEST FOR THE SEA KING CAPITAL PROJECT. Ms. Tamara Powers, 3 Quail Ridge Lane North, introduced the Sea King Capital Campaign Project representatives in attendance, Mr. Charlie Raine, Mr. Mike Baumann, Mr. & Mrs. Daniel and Kathleen Bethencourt and Ms. Kate Cocke, President of the Sea King Campaign. Ms. Powers announced that the Project consists of a rebuilding of the swimming pool built over 40 years ago at PV High. Ms. Kate Cocke, 1429 Via Coronel, Palos Verdes Estates, provided information about the condition of the existing swimming pool at PV High School and explained that the pool's heat pump does not work well and that fiberglass lining sloughs off into the water. She indicated that the pool is open from 6 a.m. to 9 p.m. everyday, and is being used by approximately 400 children a week. The pool is open also at summer time. She commented that the new aquatic facility would be designed for water polo, competitive swimming and recreational swimming. The new facility will be 40 meters by 25 yards, have 18 lanes with water depths ranging from 3 1/2 to 12 feet, and will include a small office, restrooms, changing rooms, equipment and storage rooms. Furthermore, she explained 'that the new facility would benefit athletes enrolled in aquatic programs at PV High School, as well as summer recreational swimmers, and meet CIF regulations. She indicated that the estimated cost of the proposed aquatic facility is $2.5 million of which over $1.8 million has been already raised. She mentioned that Toyota pledged $100,000, City of Rancho Palos Verdes pledged $20,000 and up to another $10,000 in matching funds if the City of Palos Verdes Estates pledges funds to this Project. In conclusion, Ms. Cocke asked the City Council to consider providing support and to make a major contribution to this project. In response to Mayor Pernell, Ms. Cocke explained that the new facility, just like the existing pool, would be maintained and operated by the Palos Verdes Peninsula Unified School District. Mr. Charlie Raine commented that the new aquatic facility will benefit not just the Peninsula community but Rolling Hills residents as well, and he would like to see the City of Rolling Hills make a major donation. Councilmember Black indicated that although he has concerns over spending City funds on other projects, however, considering the lack of pools on the Peninsula and that the new facility would benefit Rolling Hills students and residents, he felt that the City should contribute to this Project. After discussion, Councilmember Heinsheimer moved that the City Council pledge $2,000 to the Sea King Capital Project. Mayor Pro Tern Lay seconded the motion. Councilmember Heinsheimer added that the pledge include an additional $1,000 maximum pledge on a dollar for dollar match equal to any contribution made by the City of Palos Verdes Estates. The motion carried unanimously. City Manager Nealis clarified with the City Council that the motion includes the added pledge potential suggested by Councilmember Heinsheimer. Minutes City Council Agenda 03/13/06 -4- L1 E OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME None. MATTERS FROM MEMBERS OF THE CITY COUNCIL Councilmember Hill suggested that the City Council nominate long time Rolling Hills resident Mr. Carl Price for the 41" Annual Older Americans Recognition Day Program. The City Council endorsed this nomination. MATTERS FROM STAFF City Manager Nealis reported that two letters were received late last week from Mr. Doug McHattie of Bolton Engineering requesting that the topics of clarification of Site Plan Review regarding miscellaneous improvements in the rear yard and the requirement of balanced cut and fill when grading for development be included on the City Council/ Planning Commission Joint Meeting Agenda. The City Council declined to add these topics to the Joint Meeting Agenda. 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. G.C. 54956.9(a) Hui -Tse Sheen, Individual, Plaintiff, vs City of Rolling Hills, Rolling Hills Community Association, et. al., Los Angeles County Superior Court, Case No. YC051963. In the matter of the City of Rolling Hills Application for Abatement Order, Los Angeles County Superior Court. No closed session was held. 13. ADJOURNMENT Hearing no further business before the City Council Mayor Pernell adjourned the meeting at 8:50 p.m. to an adjourned regular meeting of the City Council/ Planning Commission Joint Meeting scheduled to be held on Monday, March 27, 2006 at 6:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Ewa Nikodem Recording Secretary Approved, - - Godfrey Fnell Mayor Minutes City Council Agenda 03/13/06 -5-