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9/27/2010MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS; CALIFORNIA MONDAY, SEPTEMBER 27, 2010 CALL TO ORDER A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Pernell at 7:30 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. Others Present: Anton Dahlerbruch, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz, Planning Director Heidi Luce, Deputy City Clerk. Deputy Brandon Epp, Los Angeles County Sheriff's Dept. Frank Zerunyan, Council Member, Rolling Hills Estates Kay Finer, Palos Verdes Peninsula Chamber of Commerce 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 September 13, 2010. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Approve as presented. C. Monthly Financial Statement. RECOMMENDATION: Approve as presented. D. Allied Recycling Tonnage Report for August, 2010. RECOMMENDATION: Receive and rile. E. Correspondence from Southern California Edison regarding Southern California Edison Company Application for Additional Dynamic Pricing Rates: Application No. 10-09-002. RECOMMENDATION: Receive and file. Councilmember Black asked that Item 3E be removed from the Consent Calendar for individual consideration. Hearing no objection, Mayor Pernell so ordered. Councilmember Heinsheimer moved that the City Council approve the remaining items on the consent calendar. Councilmember Black seconded the motion, which carried without objection. E. Correspondence from Southern California Edison regarding Southern California Edison Company Application for Additional Dynamic Pricing Rates: Application No. 10-09-002. Councilmember Black stated that he is opposed to any proposed rate increases. Following brief discussion, Councilmember Heinsheimer moved that the City Council receive and file this correspondence. Councilmember Hill seconded the motion, which carried with Councilmember Black in opposition. OPEN AGENDA Recognizing that there were guests in the audience wishing to address the City Council on items not on the agenda, Mayor Pernell asked for comments from the audience. Minutes City Council Meeting 09/27/10 -1- Frank Zerunyan, Council Member, City of Rolling Hills Estates addressed the City Council on behalf of California Contract Cities Association to thank the City Council for their support of the Association. Kay Finer, Palos Verdes Peninsula Chamber of Commerce addressed the City Council to request the City's support of the Chamber's "Local First" marketing campaign. COMMISSION ITEMS As an overview, City Manager Dahlerbruch stated that before the City Council this evening are four items for consideration all pertaining to the Poppy Trail landslide remediation project. He stated that the first two items are resolutions from the Planning Commission; the first being Resolution No. 2010-18 authorizing the issuance of a Lot Line Adjustment in Zoning Case No. 788 and the second being Resolution No. 2010-21 granting a Site Plan Review and Variances in Zoning Case No. 791. He stated that the third and fourth items are Public Hearings to consider an ordinance approving a Zoning Map Amendment in Zoning Case No. 790 and to consider approval of a Tentative Parcel Map and adoption of a Mitigated Negative Declaration in Zoning Case No. 789. City Manager Dahlerbruch stated that the City Council is to consider these items as the Planning Commission did, independent of any other items related to the landslide and the settlement agreement that brought this project forward. Planning Director Schwartz stated that before the City Council this evening are four separate Resolutions from the Planning Commission. She stated that it is recommended that the City Council hear the staff report, open public hearings in cases where appropriate, take public testimony and take the following actions: ZC NO. 788 — Lot line Adiustment: Review the staff report and Planning Commission recommendations and receive and file Planning Commission Resolution No. 2010-18. ZC NO. 790 — Zonin2 Man Amendment: Introduce Ordinance No. 320 for first reading, open the public hearing, take public testimony and direct staff to bring forth the Ordinance for second reading and adoption at an adjourned regular meeting of the City Council on October 4, 2010. ZC NO. 789 — Tentative Parcel Man No. 71374 (Subdivision): Review the staff report, open the public hearing, receive testimony and direct staff to prepare a Resolution of Approval for Tentative Parcel Map based on the Planning Commission's recommendations to approve the subdivision. Should Councilmembers direct staff to prepare a Resolution of approval of Tentative Parcel Map No. 71374, staff recommends that the City Council also approve the Mitigated Negative Declaration for this project. ZC NO. 791 — Site Plan Review and Variances: Review the staff report and Planning Commission recommendations and receive and file Planning Commission Resolution No. 2010-21, including the Mitigated Negative Declaration. Planning Director Schwartz then provided an overview of the details of each of the cases. The stated that the project site encompasses the parcel of land known as 1 Poppy Trail Road, a portion of City owned lot in the area of Hesse's Gap Riding Ring along Poppy Trail Road and the vacant lot to the southwest thereof known as the Saridakis property. She stated that the proposed project consists of the following applications: Zoning Case No. 788, Lot Line Adjustment No. 2010-02, a proposal to modify lot lines between three parcels: a. Between properties known as 1 Poppy Trail Road (comprised of APNs 7569-007-001 and 7567- 014-014, owner-CJPIA [previously -Sheen]) and a portion of the adjacent vacant lot to the south thereof (comprised of APN 7567-014-029, owner: Saridakis Construction Inc.). 50,979 s.f. (1.17 acres) of area to be transferred, and; b. Between properties known as 1 Poppy Trail Rd. (see APNs above) and an adjoining parcel to the east (APN 7567-001-901, owner: City of Rolling Hills, Hesse's Gap Riding Ring site). 173,998 s.f. (3.99 acres) to be transferred. Zoning Case No. 790, Zoning Map Amendment No. 2010-01, a proposal to amend the Zoning Map to re -zone 173,998 square feet (3.99 acres) of land area (per the lot line adjustment proposal above) from: RAS -1 (Residential Agricultural Suburban, one acre minimum lot size) Zoning District to: RAS -2 (Residential Agricultural Suburban, two acres minimum lot size) Zoning District. Mi iui es City Council Meeting 09/27/10 -2- Zoning Case No. 789, Subdivision No. 92, Tentative Parcel Map No. 71374, a proposal to subdivide the lot resulting from the lot line adjustments described above, into two parcels: a. Parcel 1 — 4.09 acres gross and 2.68 acres net (as calculated for development purposes pursuant to the Rolling Hills Municipal Code); b. Parcel 2 — 6.08 acres gross and 4.76 ,acres net (as calculated for development purposes pursuant to the Rolling Hills Municipal Code). Modifications requested with the Tentative Parcel Map: a. the requirement of a 60 -foot roadway easement (proposed 45-55 feet) b. designate the rear setbacks on both parcels to be parallel to the southerly property lines c. to allow steeper than permitted road (max. 18.4%) d. to allow steeper than permitted driveways (max. 17%) e. to grade and create building pads prior to issuance of construction permits. Variance requested with the Tentative Parcel Map: a. to set aside an area for a future stable and corral in the front yard on Parcel 1. b. to exceed the maximum permitted disturbance on both lots c. additional variances are being asked for as described under the Site Plan Review and Variances application in Zoning Case No. 791. Zoning Case No. 791, Site Plan Review and Variances. Site Plan Review is required for proposed landslide remediation and substantial grading consisting of 92,000 cubic yards of grading of cut and fill on Parcel 1 (per subdivision proposal above), and 147,200 cubic yards of grading of cut and fill on Parcel 2 (per subdivision proposal above), related to remediation of the landslide mass, modifications to Poppy Trail Road, construction of drainage devices, walls, driveways, building pads and trails. Variances granting relief from specific zoning and subdivision code standards are being requested in orderto: a. Disturb more than the maximum allowed 40% of net lot area due to landslide remediation, existing road modification and grading for residential building pads. Proposed net lot disturbed areas: Parcel 1: 65.0% and Parcel 2: 55.0% and; b. Construction of retaining walls exceeding 5 -feet in height (both parcels) and; c. Construction of retaining walls, which would be located in the front yard area and setbacks (both parcels), and; d. Grading that will result in slopes steeper than 2:1 (1.7:1 and 1.8:1 slopes) and higher than 30 -feet (both parcels), and; e. Provide a set-aside area for a future stable and corral in the front yard area (Parcel 1); and; f. Export up to 5,000 cubic yards of excavated material (overall, both parcels). Following Planning Director Schwartz's presentation, Sandra Bauer, Bauer & Associates addressed the City Council concerning the environmental review of the project and reviewed the Mitigated Negative Declaration as well as the comments received relative to the document. Councilmember Black expressed concern for the effect on the properties downstream from any run off from the proposed properties. Following brief discussion the applicant was requested to investigate any issues that may arise related to run off. Following the presentations, the City Council considered each of the items individually: RESOLUTION NO. 2010-18. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT BETWEEN PROPERTIES AT 1 POPPY TRAIL ROAD, (CJPIA) AND CITY OWNED PROPERTY TO THE EAST THEREOF AND 1 POPPY TRAIL AND A VACANT LOT, (SARIDAKIS CONSTRUCTION INC.) TO THE SOUTH THEREOF IN ZONING CASE NO. 788, LOT LINE ADJUSTMENT NO. 2010-02. Councilmember Black expressed concern that the City is giving up ownership of the land that allows access to the riding ring. Staff clarified that although the City does not own the land, the proposal calls for the entire access area to be dedicated as an easement to the Rolling Hills Community Association. Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2010-18 approving a Lot Line Adjustment in Zoning Case No. 788. Councilmember Hill seconded the motion, which carried by the following roll call vote: Minutes City Council Meeting 09/27/10 -3- AYES: Councilmembers Hill, Heinsheimer, Mayor Pro Tem Lay and Mayor Pernell. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. RESOLUTION NO. 2010-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING REQUEST FOR A SITE PLAN REVIEW TO PERMIT SUBSTANTIAL GRADING TO REPAIR SLOPE FAILURE, CONSTRUCTION OF WALLS, RECONSTRUCTION OF ROAD AND TRAILS AND REQUEST FOR VARIANCES TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOTS; TO EXCEED THE MAXIMUM ALLOWED SLOPE GRADIENT; TO CONSTRUCT HIGHER THAN PERMITTED WALLS AND WALLS THAT WOULD BE LOCATED IN SETBACKS; TO PERMIT A SET ASIDE AREA FOR A STABLE AND CORRAL TO BE LOCATED IN FRONT YARD OF PARCELI; AND TO ALLOW EXPORT OF UP TO 5,000 CUBIC YARDS OF DIRT AT A PROPERTY KNOWN AS 1 POPPY TRAIL ROAD IN ZONING CASE NO. 791, AND ADOPT A MITIGATED NEGATIVE DECLARATION, (CJPIA). Councilmember Heinsheimer moved that the City Council receive and file Planning Commission Resolution No. 2010-21. Mayor Pro Tem Lay seconded the motion, which carried by the following roll call vote: AYES: Councilmembers Hill, Heinsheimer, Mayor Pro Tem Lay and Mayor Pernell. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. PUBLIC HEARINGS ORDINANCE NO. 320 - AN ORDINANCE OF THE CITY OF ROLLING HILLS APPROVING A ZONING MAP AMENDMENT TO CHANGE ZONING CLASSIFICATION OF A PORTION OF A LOT HAVING AN APN NO. 7567-001-901 FROM RAS -1 TO RAS -2 ZONING CLASSIFICATION, IN ZONING CASE NO. 790, ZONING MAP AMENDMENT NO. 2010-01. Mayor Pernell opened the Public Hearing and called for public testimony. Dr. Mark Minkes, 44 Chuckwagon Road addressed the City Council stating that he lives above the landslide and expressed concern relative to fact that the electrical lines to serve the project will be pulled from an electrical box located in an easement on his property. He stated that he has contacted Southern California Edison to request that they remove a pole on his property. He also expressed concern for the noise that will result from the grading relative to this project. Following brief discussion the applicant was requested to research the feasibility of removing the pole that Dr. Minkes mentioned. Dr. Minkes further expressed concern regarding the effect of run off from the proposed property downstream. Mr. Stanley Lamport addressed the City Council on behalf of Mr. Norm LaCaze, 24 Portuguese Bend Road stating that he had hoped that they would have been able to resolve the issues with the developer but that has not yet happened. He stated that his client is seeking measures to protect his property from a landslide and as of today, an agreement has not yet been reached. He further stated that his client also remains concerned about noise and dust issues raised before the Planning Commission relative to the measures in the Mitigated Negative Declaration. He further stated that there is no commitment in the Mitigated Negative Declaration that requires the developer to implement those measures and that because the developer is unwilling to include those measures in their agreement with Mr. LaCaze, his client is concerned that the measures won't be implemented. Mr. Damon Guizot, Attorney addressed the City Council on behalf of the Poppy Trail homeowners. He stated that the Poppy Trail homeowners are in support of this project and feel that this is the best solution for this problem and that it improves the public safety and the public welfare of the City. Minutcs City Council Meeting 09/27/10 -4- Mr. Hans Drew, Drew and Associates addressed the City Council relative to the noise and air quality measures in the Mitigated Negative Declaration. He stated that the noise from this project is temporary and constricted to the hours of lesser sensitivity. He further stated that good construction practices reduce the amount of dust and that the MND. recommends best available control measures to mitigate the dust issues. City Attorney Jenkins address the City Council regarding Mr. Lamport's comments relative to the developer's unwillingness to incorporate the item items relative to noise and air quality into their agreement with Mr. LaCaze and suggestion that this was because they aren't committed. City Attorney Jenkins stated that incorporating those measures into an agreement would be redundant. He stated that those measures are more appropriately addressed in the conditions of approval that are before the City Council in connection with these entitlements. He further stated that Mr. Lamport implied that there is nothing in the mitigation measures that makes them mandatory. He stated that mitigation measures imposed will be conditions of approval of the project and the developer will be required to comply with those conditions of approval. He stated it is the City's ministerial obligation to enforce the conditions of approval including the mitigation measures. He further stated that the City has every intention of imposing the mitigation measures as requirements for the project and enforcing them. Lastly regarding the noise issue raised by Mr. Lamport, City Attorney Jenkins suggested that the developer could research the feasibility of having a noise consultant on call to evaluate the noise and that could be added as a condition of approval. He stated that the City's obligation is to ensure that the impacts have been mitigated to a level below significance. He stated that as mentioned several times, many people have made some sacrifices and it is unrealistic to expect that the benefits of this project will occur without some small sacrifice. Following public testimony, Councilmember Heinsheimer moved that the City Council introduce the ordinance by title only and waive full reading. Mayor Pro Tem Lay seconded the motion which carried by the following roll call vote: AYES: Councilmembers Black, Hill, Heinsheimer, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. The public hearing on this case was continued to an adjourned regular meeting of the City Council scheduled to be held on Monday, October 4, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California ZONING CASE NO. 789. SUBDIVISION NO. 92, TENTATIVE PARCEL MAP NO. 71374. Request to subdivide the lot resulting from the lot line adjustments in Zoning Case No. 788, into two parcels: c. Parcel 1 — 4.09 acres gross and 2.68 acres net (as calculated for development purposes pursuant to the Rolling Hills Municipal Code); d. Parcel 2 — 6.08 acres gross and 4.76 acres net (as calculated for development purposes pursuant to the Rolling Hills Municipal Code). Modifications requested with the Tentative Parcel Map: a. the requirement of a 60 -foot roadway easement (proposed 45-55 feet) b. designate the rear setbacks on both parcels to be parallel to the southerly property lines c. to allow steeper than permitted road (max. 18.4%) d. to allow steeper than permitted driveways (max. 16%) e. to grade and create building pads prior to issuance of construction permits. Variance requested with the Tentative Parcel Map: a. to set aside an area for a future stable and corral in the front yard on Parcel 1 b. to exceed the maximum permitted disturbance on each lot and, Consideration of adoption of a Mitigated Negative Declaration. Mayor Pernell opened the Mayor Pernell opened the public hearing and called for public testimony. Minutes City Council Meeting 09/27/10 -5- Mr. Lamport requested that his comments from the previous item be carried over to this item as well. Following public testimony, Councilmember Heinsheimer moved that the City Council direct staff to prepare a resolution approving of the Tentative Parcel Map in Zoning Case No. 789 and adopting a Mitigated Negative Declaration. Mayor Pro Tem Lay seconded the motion which carried without objection. The public hearing on this case was continued to an adjourned regular meeting of the City Council scheduled to be held on Monday, October 4, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Deputy Brandon Epp addressed the City Council stating that the Sheriff's Department is continuing to investigate the recent burglary and will provide information to the City Council as it becomes available. MATTERS FROM MEMBERS OF THE CITY COUNCIL CONSIDERATION OF A LEGISLATIVE STRATEGY TO ADDRESS THE UNINTENDED CONSEQUENCES OF SOLAR INSTALLATIONS. Staff was directed to work with staff from Senator Wright and Assemblymember Lowenthal's offices to begin discussions relative to a strategy to address this issue. MATTERS FROM STAFF None. MATTERS FROM THE CITY ATTORNEY No closed session was held. ADJOURNMENT Hearing no further business before the City Council, Mayor Pernell adjourned the meeting at 9:58 p.m. in memory of long time resident, Robert E. Norcross, M.D. The meeting was adjourned to an adjourned regular meeting of the City Council to be held on Monday, October 4, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. The next regular meeting of the City Council is scheduled to be held on Monday, October 11, 2010 beginning at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce Deputy City Clerk Minutes City Council Meeting 09/27/10