3/27/2006MINUTES OF
AN ADJOURNED REGULAR MEETING
OF THE
CITY COUNCIL AND PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MARCH 27, 2006
CALL TO ORDER
An adjourned regular meeting of the City Council and Planning Commission of the City of
Rolling Hills was called to order by Mayor Pernell and Chairwoman DeRoy at 6:33 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 Tern Lay and Mayor
Pernell.
Councilmembers Absent: None.
Commissioners Present: Hankins, Henke, Sommer, Witte and Chairwoman DeRoy.
Commissioners Absent: None.
Others Present: Craig Nealis, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Marilyn Kern, Deputy City Clerk.
Mayor Pernell welcomed the Planning Commission and commended and thanked them for
their hard work.
ITEMS FOR DISCUSSION,
CONSIDERATION OF DENSITY OF DEVELOPED LOTS.
CONSIDERATION OF GRADING VERSUS PAD COVERAGE.
Mayor Pro Tem Lay indicated that these two items are similar and could be discussed at the
same time. He explained that the first staff report provides information relative to the size of
residential developments approved by the Planning Commission in 2002 through 2005, and in
1992 through 1995 compared to the size of the legal lot and the second report provides
information relative to the Site Plan Review cases approved by the Planning Commission in
terms of grading quantities, pad coverage and structural development in 2002 through 2005 as
well as 1992 through 1995. He commented on the statistics outlined in the staff reports and
provided a comparison between the years. He noted that when certain extreme cases are not
considered, the comparisons show that the amount of grading has increased substantially
between these two decades.
Mayor Pro Tem Lay explained the pad coverage regulations that had been developed over the
years. He indicated that he feels that this has forced applicants to increase the size of their pad
to meet the 30% pad coverage guideline of the Planning Commission and that he feels that this
tends to lead to increased grading and that perhaps the Commission could be sensitive to
reviewing a greater pad coverage percentage in cases where it would lead to a decrease in
grading if the overall project is in keeping with the other land general land use provisions.
Commissioner Witte commented on the pad sizes in the RAS -1 and RAS -2 Zones.
Councilmembers and Planning Commissioners reviewed the staff report and comments
offered by Mayor Pro Tem Lay and concurred that the Planning Commission would continue
to evaluate applications on a case-by-1case basis and carefully review the relationship between
structures, pad size and grading.
CONSIDERATION OF REPORT RELATIVE TO DELINEATION OF EASEMENTS.
DURING THE RESIDENTIAL PROPERTY DEVELOPMENT PROCESS.
Mayor Pro Tem Lay commented on the staff report. He indicated that he has heard from
community members that during construction, contractors have stored dirt and other
materials in the easements. He also indicated that sometimes landscaping and sprinkler
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systems are placed in easements. He suggested that the easements be delineated during
construction to alleviate these issues.
Councilmembers and Planning Commissioners reviewed the information provided by staff
and concurred that the Planning Commission would further review this information and
make a recommendation to the City Council, if necessary.
CONSIDERATION OF REPORT RELATIVE TO ADDRESSING EXISTING PERIMETER
FENCES WITHIN EASEMENTS DURING THE RESIDENTIAL PROPERTY
DEVELPOMENT REVIEW PROCESS.
Councilmember Black commented on recent development applications where fencing has
been identified as being located in easements. He indicated that he feels that the planning
phase of projects would be a good time to correct these situation. He stated that he is also
concerned about hardscape fencing versus landscape hedges being used as soft fencing. He
commented on the concept of open space in the City and that he feels that certain types of
hedges detract from this feeling and have the appearance of a solid fence. He indicated that he
feels that privacy of homes can be accomplished in other ways than solid hedges.
Councilmembers and Planning Commissioners reviewed the information provided by staff
and comments offered by Councilmember Black and concurred that the Planning Commission
would further review this information and make a recommendation to the City Council, if
necessary.
CONSIDERATION OF REPORT RELATIVE TO ZONING CASES TAKEN UNDER
JURISDICTION BY THE CITY COUNCIL.
Mayor Pernell commented on the information regarding the number of Zoning Cases that the
City Council has taken under jurisdiction during the past five years and offered that he feels
that the information provided by staff shows that there were only two cases where the
Planning Commission decision was ultimately reversed by the City Council. Councilmembers
and Planning Commissioners discussed the information provided by staff and received and
filed the report.
Commissioner Witte commented on the Commission's consideration of how drainage is
handled on properties during their review of development applications. He indicated that the
Commission requests that the applicants direct the water so that it does not drain onto any
neighboring properties or damage equestrian trails in the area. In response to Mayor Pernell,
Planning Director Schwartz indicated that the Planning Commission has requested that staff
have the applicants show the drainage devices and how the water will be handled on the
property on the plans that are submitted. City Manager Nealis explained that the
Commission is careful not to become involved in design or review drainage plans from a
hydrology perspective but limits comments to ensure that drainage will not damage or block
trails. He indicated that the ultimate design of drainage is reviewed and approved by the
County.of Los Angeles. Chairwoman DeRoy commented on the County review of drainage
plans and that the Commission prefers that drainage devices not have a visual impact from
roadways or other properties. She explained the standard conditions relating to the natural
color of drainage devices that are included in resolutions of approval.
Councilmember Hill commented on geology requirements and queried as to whether they
are extensive enough to prevent future land subsidence issues. City Manager Nealis explained
the County review of soils and geology reports. City Attorney Jenkins further explained the
building code and County review of geology and the required factor of safety standards for
development on properties.
Councilmember Heinsheimer indicated that he feels that the City Council and Planning
Commission have done a very good job of reviewing residential development over the last 15
years. He commented on the size of homes that are currently being developed and explained
that in past years, the City Council and Planning Commission were worried about larger
homes being constructed, which may not have been harmonious to other homes in the City.
He commented on the data provided by staff relative to the size of homes being constructed
today and indicated that he feels that the City Council and Planning Commission have
influenced the size of homes consistent with the intent of the Site Plan Review process.
Commissioner Sommer commented on basements, which he feels are allowing the space that,
the applicants who seek larger homes desire.
Further discussion ensued regarding grading and pad sizes as well as requests for import or
export of soil. Councilmember Heinsheimer commented on the City's balanced cut and fill
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requirement. Councilmember Hill commented on the Los Angeles County Department of
Building and Safety's soil compaction requirements. Chairwoman DeRoy indicated that in
reviewing development applications that it is very helpful for the Planning Commission to see
a cross-section of the property and that applicants have been providing this information at the
request of the Commission. Commissioner Sommer commented on the Commission's case-
by-case review of development on properties and indicated that in some cases import or
export of soil may not necessarily have an unpleasant effect.
Councilmember Black commented on the use of retaining walls and their impact on the view
from neighboring properties. Councilmembers and Commissioners discussed County
Building and Safety requirements for retaining walls.
Further discussion ensued regarding the balanced cut and fill requirement. Councilmember
Heinsheimer commented on the wear and tear on the roadways and safety concerns relative
to the trucks used to import or export soil. He also commented on field conditions that cause
soil import or export to occur and the administrative process to review this situation.
Commissioner Sommer commented on the findings that the Commission must make that a
development project should be harmonious with the surrounding terrain. Mayor Pro Tem
Lay commented on the Commission's review of subdivisions and suggested a
minimum/maximum pad size may assist in keeping future grading quantities down.
Councilmember Black objected to this suggestion. Commissioner Witte commented on the
30% pad coverage guideline.
Councilmember Heinsheimer asked 'the Commission to feel free to advise the City Council if
they feel that there are any codes, processes or guidelines that need to be added or changed in
order to make their job easier.
OPEN AGENDA — APPROXIMATELY 7:00 P.M. - PUBLIC COMMENT WELCOME
Mr. Doug McHattie, Bolton Engineering, addressed the subject of grading, soil compaction and
the need to import or export soil in certain circumstances.
Dr. Ralph Black, 36 Saddleback Road, suggested that subterranean garages be permitted.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Hill commented on development in the City as it relates to fire safety.
Councilmembers thanked the Planning Commission for their efforts in reviewing
development in the city as well as maintaining the City's rural environment. Commissioners
thanked the City Council for their support.
MATTERS FROM MEMBERS OF THE PLANNING COMMISSION
Commissioner Sommer indicated that he would like to have a definition of a ranch style
house.
Commissioner Witte commented on fences, retaining walls and landscaping to screen
properties.
MATTERS FROM STAFF
City Manager Nealis explained that staff identified an inconsistency between language in the
Zoning Code and language in the Building Code relating to balance cut and fill grading
requirements, that although allows Variances to be considered in the public hearing process,
does not support the issuance of permits to implement the approval and intention of the City
Council and Planning Commission when Variances are granted. Therefore, he stated that staff
would prepare a technical amendment to the Building Code portion of the Municipal Code for
presentation to the City Council on April 10, 2006 and indicated that the amendment would
not change any policies, procedures or permissiveness for Variances of this nature.
ADIOURNMENT
Hearing no further business, Mayor Pernell adjourned the meeting at 7:40 p.m. to the next
regular meeting of the City Council scheduled to be held on Monday, March 27 at 7:30 p.m. in
the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
The Planning Commission was adjourned to the next regular meeting of the Planning
Commission scheduled to be held on Tuesday, April 18, 2006 beginning at 6:30 p.m. in the City
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Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
Approved,—
GodfreyPernell
Mayor
Loren D-eTZoy
Chairwoman
Respectfully submitted,
Marilyn Kern
Deputy City Clerk
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03/27/06 -4-
MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MARCH 27, 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 7:46 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.
Nan Huang, Finance Director.
Marilyn Kern, Deputy City Clerk.
Lt. Greg Ahn, LASD, Lomita Station.
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 of March 13, 2006 and (2) Regular
Meeting of March 13, 2006.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial Statement for the month of February, 2006.
RECOMMENDATION: Approve as presented.
d. Consideration of correspondence from BFI regarding dates for the Annual
Spring Cleanup.
RECOMMENDATION: Approve as presented.
e. Approval of attendance at the California Contract Cities Association 47' Annual
Municipal Seminar scheduled for May 18-21, 2006.
RECOMMENDATION: Approve as presented.
f. BFI Recycling Tonnage Report for February, 2006.
RECOMMENDATION: Receive and file.
Councilmember Heinsheimer moved that the City Council approve the recommendations in
the Consent Calendar. Councilmember Hill seconded the motion, which carried unanimously.
SPECIAL PRESENTATION
Presentation to the Rolling Hills City Council from
the Palos Verdes Peninsula Land Conservancy.
Mrs. Wayne Sharp, Dr. James Scharffenberger and PV Land Conservancy Executive Director
Barbara Dye presented the City Council with a plaque thanking Rolling Hills residents and the
City Council for their support of establishing the Portuguese Bend Nature Preserve. Mayor
Pernell commended the numerous volunteers for their efforts on this project.
PLANNING COMMISSION ITEMS
RESOLUTION NO. 2006-03: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT
CONSTRUCTION OF ADDITIONS PORTIONS OF WHICH WOULD ENCROACH
INTO THE EAST AND WEST SIDE YARD SETBACKS AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 720, AT 87 CREST ROAD EAST, (LOT 69
C -2 -MS), (STEINBERG).
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City Manager Nealis presented the staff report outlining the applicant's request and providing
background regarding the property and Planning Commisison action relative to Zoning Case
No. 720. In response to Mayor Pro Tem Lay, Planning Director Schwartz explained that all of
the additions are located under the eaves of the exisitng residential structure. Hearing no
further discussion, Mayor Pernell called for a motion.
Mayor Pro Tem Lay moved that the City Council receive and file Resolution No. 2006-03.
Councilmember Heinsheimer seconded the motion which carried unanimously.
RESOLUTION NO. 2006-04: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT
CONSTRUCTION OF DETACHED ACCESSORY STRUCTURES WHICH WOULD
ENCROACH INTO THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 721, AT 17 MIDDLERIDGE LANE
NORTH, (LOT 5 -MR), (POST).
City Manager Nealis presented the staff report outlining the applicant's request and providing
background regarding the property and Planning Commisison action relative to Zoning Case
No. 721. Hearing no discussion, Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that the City Council receive and file Resolution No.
2006-04. Councilmember Black seconded the motion which carried unanimously.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS - CONTINUED
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.
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 providing background regarding the proposed
subdivision. He highlighted the concerns raised by the City Council and members of the
public at the last City Council meeting including access of the driveway off of Pine Tree Lane,
pad size and the Variance for the 115 -foot roadway frontage on Pine Tree Lane rather than the
required 150 -foot minimum. He indicated that the applicant has provided a revised plan to
this evening. He indicated that the plan no longer shows the driveway access on Pine Tree
Lane but rather onto Upper Blackwater Canyon Road. He also explained the additional
grading that is associated with the relocated demonstrated driveway location. He indicated
that the applicant is still pursuing the Variance to have less than the minimum required lot
width and the demonstrated pad size had not changed. Mayor Pernell opened the continued
public hearing and called for testimony.
Mr. Doug McHattie, Bolton Engineering, explained that all lots in Rolling Hills are unique and
stated the applicant determined that the best lot configuration for him was to not split this lot
into three parcels but rather the two that are depicted on the proposed tentative parcel map.
He expressed concern about pre -directing lot development at this stage. He explained that the
lot line that was chosen which causes the need for the Variance is still the most beneficial to the
applicant and stated that the applicant prefers that the existing corral and stable area remain
where it is located on his existing lot.
Mr. McHattie explained that the pad shown on parcel 2 is for demonstration purpose only and
that the applicant is opposed to requiring a maximum pad size on the lot. He explained that
any future development on the lot would require Site Plan Review and indicated that the
applicant objects to any conditions placed on grading and the size of the pad for the newly
created lot. Mayor Pernell thanked the applicant for his efforts in addressing the concerns
raised at the last meeting and for revising the plan.
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In response to Dr. James Scharffenberger, 5 Appaloosa Lane, City Manager Nealis explained
that the demonstrated driveway is shown to demonstrate that an access can be provided to
the proposed lot. He explained that objections were voiced by residents when the applicant
had proposed the driveway access on Pine Tree Lane and that the applicant was trying to
address those concerns. Dr. Scharffenberger expressed concern about the location of the
proposed driveway on Upper Blackwater Canyon Road and felt that the location was
dangerous.
Dr. James Black, 2 Appaloosa Lane, commented on the southerly tip of the property where
fencing and shrubbery meet the road edge as Upper Blackwater Canyon Road meets
Portuguese Bend Road. He stated that some of the foliage has been cut back but that if this
subdivision is approved that the fencing location should be corrected. He indicated that he
does not have a problem with a driveway access on Upper Blackwater Canyon Road but that
the proposed location is on a blind curve and suggested a driveway access further to the north
on Upper Blackwater Canyon Road. In response to Dr. Black, Mr. McHattie explained the
distance and elevation change from the street to the pad location for the suggested driveway
location and indicated that additional grading would be required to establish a driveway at
another location.
Councilmembers discussed the Variance request to allow Parcel 2 to have less than the
minimum required width. Mr. McHattie further explained certain lot line configurations that
could be drawn to alleviate the necessity for the Variance but indicated that the current 115 ft.
roadway frontage on Pine Tree Lane has no negative effect on the community. He stated that
it benefits the applicant due to the access and retention of the stable and corral on the existing
lot. Mayor Pro Tem Lay commented that the City Council could take the position that
applicant must meet the requirements of the Subdivision Code.
In response to Councilmember Heinsheimer, Mr. McHattie pointed out the area of the existing
stable and corral. City Manager Nealis explained the distance requirement from lot lines for
stables and corrals. In further response to Councilmember Heinsheimer, Mr. McHattie
explained that the RHCA has been reluctant to grant any reductions in easement lines.
Further discussion ensued regarding maintaining the stable access at this location.
Mr. Dan Wick, 1 Pine Tree Lane, stated that he does not object to the Variance for the 115 ft.
roadway frontage on Pine Tree Lane. He indicated that his main concern is about a future
driveway access to the property being located on Pine Tree Lane.
In response to Mayor Pernell, City Attorney Jenkins stated that if the City Council could make
the necessary findings and grant the Variance for the 115 ft. roadway frontage on Pine Tree
Lane, that the City Council could establish a condition that the driveway access not be located
on Pine Tree Lane.
Further discussion ensued regarding the frontage on Pine Tree Lane and the issue of an access
to a stable and corral area. Councilmember Heinsheimer commented on a driveway access on
Upper Blackwater Canyon Road. City Attorney Jenkins stated that a stable access is required
and therefore must be mandated.
Dr. James Black, 2 Appaloosa Lane, commented on the discussion of the driveway and stable
access on Pine Tree Lane. He indicated that he feels that the access shown on the plan on
Upper Blackwater Canyon Road is in a dangerous location. He indicated that he feels that the
Pine Tree Lane driveway location is a much safer option. City Manager Nealis reported that
the Traffic Commission would be reviewing the Upper Blackwater Canyon Road driveway
access with the Traffic Engineer at their meeting on March 30, 2006.
Mr. Doug McHattie commented on the conditions noted in the resolution from the Planning
Commission. He expressed concern regarding Condition No. 72 and Condition No. 73
indicating that he feels that they are redundant. Planning Director Schwartz explained that
these are standard conditions that are imposed on subdivisions. She stated that No. 72 could
possibly be removed because after the field reviews it was noted that there were no protected
vegetation, however, Condition No. 73 is a State requirement. In response to Mayor Pernell,
Planning Director Schwartz indicated that Condition No. 72 could include a biological study if
required.
In response to Mr. McHattie regarding comments from Los Angeles County, Planning
Director indicated that these items are standard requirements of the County and sometimes
these do not apply to Rolling Hills and they are not included in the actual resolution adopted
by the Planning Commission. City Manager Nealis explained the review process of
subdivisions by the County.
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Hearing no further discussion, Mayor Pernell closed the public hearing.
Councilmember Heinsheimer commented on the upcoming review of the driveway by the
Traffic Commission and indicted that he feels that the Council could approve the subdivision
as demonstrated by the applicant. He stated that he does not have an objection to the 115 foot
frontage width on Pine Tree Lane. Councilmember Hill expressed that he feels that the item
could be continued to receive further information regarding the driveway on Upper
Blackwater Canyon Road. Mayor Pro Tem Lay indicated that he feels that the roadway
frontage on Pine Tree Lane could be 150 feet as required and commented on the location of
the existing stable and corral on Parcel No. 1.
Mr. Doug McHattie, Bolton Engineering, stated that the applicant would not object to a
continuance to allow them time to review the plan.
Following further discussion regarding the proposed subdivision and at the request of the
applicant, the public hearing was reopened and continued to the next regular meeting of the
City Council scheduled to be held on April 10, 2006 to allow the applicant the time to consider
amending the plan to address the concern regarding the need for a Variance to allow Parcel 2
to have less than the minimum required width and possible relocation of the demonstrated
driveway.
Councilmember Black joined the City Council to continue consideration of the other business
on the agenda.
OLD BUSINESS
None.
NEW BUSINESS
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
None.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Mayor Pro Tem Lay and Councilmember Black indicated that they would be absent from the
April 10, 2006 City Council meeting.
Mayor Pernell thanked the Councilmembers for their support at the memorial service held for
his wife, Beverly.
MATTERS FROM STAFF
None.
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.
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ADTOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at
8:40 p.m. to the next regular meeting of the City Council scheduled to be held on Monday,
April 10, 2006 in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling
Hills, California.
Respectfully submitted,
t -1,1t
Marilyn Kern
Deputy City Clerk
Approved.,-
/
Go re efL.n'a
Mayor
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