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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 Minutes City Council/ Planning Commission. Joint Meeting 03/27/06 -1- 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 Minutes City Council/ Planning Commission Joint Meeting 03/27/06 -2- 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 Minutes City Council/Planning Commission Joint Meeting 03/27/06 -3- 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 Minutes City Council/ Planning Commission Joint Meeting 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). Minutes City Council Meeting 03/27/06 -1- 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. Minutes City Council Meeting 03/27/06 -2- 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. Minutes City Council Meeting 03/27/06 -3- 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. Minutes City Council Meeting 03/27/06 -4- 1 FJ 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 Minutes City Council Meeting 03/27/06 -5- M