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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 Minutes Joint Planning Commission & City Council Meeting 05-19-10 -1- 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 Minutes Joint Planning Commission & City Council Meeting 05-19-10 -2- 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 Minutes Joint Planning Commission & City Council Meeting 05-19-10 -3- 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 1 1 Minutes Joint Planning Commission & City Council Meeting 05-19-10 -4-