5/19/2010MINUTES OF
AN ADJOURNED REGULAR MEETING OF THE
ROLLING HILLS CITY COUNCIL AND PLANNING COMMISSION
WEDNESDAY, MAY 19, 2010
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 Chairman DeRoy at 6:40 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 and Mayor Pernell.
Councilmembers Absent: None.
Commissioners Present: Chelf, Henke, Pieper, Smith and Chairperson DeRoy.
Commissioners Absent: None.
Others Present: Anton Dahlerbruch, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director.
Heidi Luce, Deputy City Clerk.
SPECIAL PRESENTATION
Recognition of Planning Commissioner Arvel Witte
Mayor Pernell presented a plaque to Arvel Witte in appreciation of his sixteen years of dedicated service
to the City of Rolling Hills as Chairman and Member of the Planning Commission. Mr. Witte thanked
the City Council Members, the Members of the Planning Commission and staff for their support.
Chairperson DeRoy also presented Mr. Witte with a gift from the members of the Planning Commission
to thank him for his contribution to the community through his participation on the Planning
Commission.
PUBLIC COMMENT ON ANY ITEM NOT ON THE AGENDA
None.
ITEMS FOR DISCUSSION
City Manager Dahlerbruch stated that this meeting is a long time coming, after many attempts to find a
date. He stated that the agenda items represent the outcome of liaison committee meetings between
Council Member Black and Chairperson DeRoy. He reported that the topics were reviewed and
approved by the Planning Commission and City Council. In reviewing the agenda he stated that there
are three items on the agenda noted by A, B, and C. He stated that item C is not for deliberation. It is an
update for the City Council in advance of its upcoming public hearing on May 24. He stated that he will
start each of the three items with a very general overview. Then, if the Council or Commission have
questions in the course of the discussion, staff will respond. He noted that there are three additional
items on the agenda for discussion if there is time and that they are also denoted by A, B, and C. He
stated that Item A may be indirectly covered by the previous agenda items. He reported that for those
three items, there is no staff report. He noted that if there is time to discuss them and information is
needed for these items, the matters will be continued to another meeting.
ROLE OF THE PLANNING COMMISION
City Manager Dahlerbruch stated that the first item is for the City Council and Planning Commission to
discuss the City Council's expectations of the Planning Commission. He stated that, as described in
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report, the City Council is being asked to reflect on its ,vision for the community and if that vision is
being applied by the Planning Commission in their review of applications. He noted specifically, for
example the City Council and Planning Commission have asked to discuss in general whether variances
should be granted, how much detail the Planning Commission should be involved in with regard to,
grading and drainage, and to what extent the Planning Commission should be involved in assuring
conditions of approval are followed.
Mayor Pernell stated that his view when he was on the Planning Commission was initially that there
shouldn't be any CUP's or Variances but in recognizing some unique conditions, they could be granted
when appropriate. Council Member Heinsheimer stated that rin reviewing the staff report, and in plotting
the data, the system is working extremely well over the last 20 years. He stated that in approving a
project, the Planning Commission should consider that as the City's older housing stock turns, what the
neighborhood might look like in twenty years if similar projects were approved on neighboring
properties — and is that acceptable. Discussion ensued relative to the issues of disturbance, setbacks and
neighborhood compatibility. Councilmember Lay suggested that if the controls in place are not working,
then maybe they need to be adjusted to reflect currtnt conditions and specific neighborhood
considerations; but ultimately, they Planning Commission and City Council must consider what is best
for the City. Further discussion ensued relative to the negotiation process with regard to requests that
come before the Planning Commission. City Attorney Jenkins stated that a variance is a very specific
tool, unlike a CUP, designed to be an exception and only given when unique and specific circumstances
are attributable to a specific property. He asked is there a way to modify the rules by creating certain
classifications of property that are characterized by certain characteristics where the rules might be
different, therefore, not requiring a variance. Discussion ensued concerning the usage of basements, the
unique circumstances surrounding certain neighborhoods and the possible usage overlay zones to
address those circumstances.
Following discussion on these topics, the City Council and Planning Commission concluded that the
following directions should be taken:
• Consider and develop a pilot project of an overlay zone where a specific variance for development is
the norm not the exception.
• Reconsider the limits on "disturbance" as the reason/justification for restricting grading and in turn,
let the math for calculating the pad and development serve to determine the resulting amount of
grading. Determine how this can be accomplished.
REVIEW PROCESS
Mayor Pernell indicated that many of the items relative to the review process and mass and scale were
discussed during the previous item and asked if the Members of the City Council or Planning
Commission had any further issues to discuss relative to this item. Further discussion ensued regarding
mass and scale and the use of basements. Following discussion of this topic, the City Council and
Planning Commission concluded that the applicants should be required to submit better up front
information for presentation to the Planning Commission when a case is to be considered.
Mayor Pernell suggested that the additional items for discussion be taken before the update on stables.
Hearing no objection, it was so ordered.
ADDITIONAL TOPICS FOR DISCUSSION
HOLDING APPLICANTS RESPONSIBLE FOR FOLLOWING THEIR CONDITIONS OF
APPROVAL; THE CODE ENFORCEMENT PROCESS FOR UNAUTHORIZED
CONSTRUCTION OR MODIFICATION OF PROJECTS
City Manager Dahlerbruch stated that over the last few months several request have come before the
Planning Commission to request a variance or site plan approval for a condition that already exists.
Discussion ensued relative to the enforcement and penalty for such situations. Further discussion ensued
regarding the process for modifying approved plans and the consequences for not following the process.
Following discussion of this topic, the City Council and Planning Commission concluded that the
Planning Commission should consider how to address and expedite mid -project changes without holding
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up the project and implement a process that invites applicants to submit plans with a 3:1 slope rather
than a 2:1 slope without being penalized by requesting and paying for a variance.
HEDGES AND LANDSCAPING REQUIREMENTS FOR ALL CONSRUCTION
Mayor Pernell asked the Members of the City Council and Planning Commission if there are any further
issues to be discussed regarding hedges. Councilmember Black stated that he is still concerned about
the use of hedges in the community. Planning Director Schwartz stated that for new projects, there is
often a condition placed on the approval stating that landscaping resulting in a hedge like configuration
is not allowed, but that in situations like remodels or revised landscaping, it is not within the control of
the Planning Commission. City Manager Dahlerbruch noted that the Rolling Hills Community
Association is creating a landscape committee and based on the letter that was sent to them regarding the
suggestion to limit hedge use, they may be better suited to address this issue.
SIZE OF BASEMENT LIGHT WELLS
Following brief discussion concerning basement light wells, it was determined that the issue not within
the control of the City as the requirements pertaining to light wells are set by the Los Angeles County
Department of Building and Safety,
UPDATE ON STABLES
City Manager Dahlerbruch stated that, as noted at the beginning, this item is not on the agenda to
deliberate the merits of the Planning Commission's recommendations for the use of stables. But rather,
the topic is on the agenda for the City Council to hear about what is going to come before them on May
24 at their public hearing; and for Planning Commissioners to explain what they had in mind when they
came to their conclusions. He stated in summary, the ordinance to be.heard by the City Council is being
heard because the City Council directed the Planning Commission to review the existing code provisions
and broaden the allowable use of stables - to a limit. He noted that in providing direction to the Planning
Commission, the City Council felt that stables are an important element of the City's character and
wanted to encourage them in the community but, given the current strict limitation on their use, residents
were illegally converting them and/or using them differently — noting that illegal conversions cause
safety concerns in situations where electrical, construction or plumbing changes were not inspected. He
reported that the City Council also recognized that the perceived community -wide broad use of stables
for something other than animals, tack and feed resulted in an enforcement dilemma for staff. In
conclusion he reported that the City Council directed that barns be available for broader uses providing a
horse could be walked into it and providing that the structure is not used a habitable space by humans, as
a guesthouse.
He further reported that the outcome is a recommendation with many components. First, that barns
could be any size but no more than 40% could be used as a tack room. A tack room could also not be
over 800 square feet so it could not be construed as a guesthouse or result in a barn over 800 sq feet to
be perceived as anything but a barn. Second, all new barns must obtain a conditional use permit through
the Planning Commission, no different than a guesthouse or recreation room. And, third, the tack room
could be used for passive purposes. The remaining 60% of the space must be kept available for
agricultural uses but could be used for storage. He stated finally, existing stables could be self certified
by property owners that it complies with the new ordinance and, in turn, ask for a free inspection. Those
who don't self certify will be subject to potential code enforcement and barns that don't meet the new
requirements — which would be the most egregious - will assertively be addressed through code
enforcement.
Chairperson DeRoy reviewed the process by which the Planning Commission came up with the
proposed revisions and further reviewed some of the key considerations that were taken into account.
Brief discussion ensued concerning the proposed revisions.
ADJOURNMENT
Hearing no further business before the City Council or the Planning Commission, the meeting was
adjourned at 9:20 p.m. The City Council was adjourned to their regularly scheduled meeting to be held
at 7:30 p.m. on Monday, May 24, 2010 in the City Council Chambers at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California. The Planning Commission was adjourned to an adjourned regular
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meeting scheduled to be held on Monday, June 14, 2010 beginning at 7:30 a.m. for the purpose of
conducting a field review at 60 Eastfield Drive and 67 Eastfield Drive, Rolling Hills, California.
Respectfully submitted,
Heidi Luce
Deputy City Clerk
Ze, D.
Mayor
Loren DeRoy
Chairperson
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