4/9/2012MINUTES OF
A REGULAR MEETING
OF THE
CITY COUNCIL OF THE
CITY OF ROLLING HILLS, CALIFORNIA
MONDAY, APRIL 9, 2012
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Black at
7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black.
Councilmembers Absent: None.
Others Present: Anton Dahlerbruch, City Manager.
Mike Jenkins, City Attorney.
Yolanta Schwartz, Planning Director
Heidi Luce, Deputy City Clerk.
Dr. Lynn Gill, 31 Chuckwagon Road
:I( 111;!L�0 J 111 11
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 March 26, 2012.
RECOMMENDATION: Approve as presented.
B. Payment of Bills.
RECOMMENDATION: Approve as presented.
Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar.
Councilmember Lay seconded the motion, which carried without objection.
COMMISSION ITEMS
RESOLUTION NO. 2012-06 - A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE
PERMIT TO CONSTRUCT A DETACHED GARAGE ON A LOT DEVELOPED WITH A
SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES, IN ZONING CASE NO.
813 AT 13 PORTUGUESE BEND ROAD, (LOT 77-RH), (CARDENAS). PROJECT HAS
BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
Mayor Black introduced Planning Commission Resolution No. 2012-06 approving the applicants request
in Zoning Case No. 813 at 13 Portuguese Bend Road for consideration and asked staff to brief the City
Council. Planning Director Schwartz reviewed the applicant's request for a conditional use permit for a
1213 sq. ft. detached garage stating that the applicant is proposing to use the existing driveway and that
no grading is required for this project. Councilmember Heinsheimer moved that the City Council
receive and file Planning Commission Resolution No. 2012-06 approving the applicant's request in
Zoning Case No. 813 at 13 Portuguese Bend Road. Councilmember Pernell seconded the motion, which
carried without objection.
PUBLIC HEARINGS
ORDINANCE NO. 326. ZONING CASE NO. 811; ZONING CODE AMENDMENT AND
ZONING MAP AMENDMENT NO. 2012-01.
Consideration of a proposed Ordinance of the City of Rolling Hills and consideration to adopt a
Negative Declaration pursuant to the California Environmental Quality Act amending the
provisions of Title 17 (Zoning) of the City's Municipal Code to establish an overlay zoning
district (OZD-1) and amending miscellaneous provisions of Title 17 (Zoning) regarding
setbacks and other development standards for properties within the RAS -1 (Residential
Minutes
City Council Meeting
04/09/12
-1-
Agriculture -Suburban, one acre minimum lot size) zoning district that are no more than 1.25
acres in size and amending the City's Zoning Map.
Mayor Black introduced Ordinance No. 326 for consideration and asked staff to brief the City Council.
City Manager Dahlerbruch provided an introduction and reviewed the background and actions the led up
to the proposed ordinance. He stated that based on discussions that began with a resident focus group,
and were later presented at a Joint meeting of the Planning Commission and City Council, an ad hoc
committee was formed do address situations where redevelopment is hampered due to constrained lots.
The ad hoc committee's recommendations were presented to the Planning Commission and following
several public meetings and public hearings on the topic, the Planning Commission recommends the
proposed changes to create an overlay zone that would affect two specific areas in the City and a Special
Use Permit applicable to properties in the City that are 1.25 acres or less in the RAS -1 zone.
Planning Director Schwartz provided an overview of the proposed ordinance. She stated that staff has
prepared a Negative Declaration and the City Council is asked upon adopting the Ordinance to adopt the
Negative Declaration as well. She stated that the proposed amendment will also amend City of Rolling
Hills Zoning Map to place the overlay zone on the Zoning Map. She further reviewed the proposed
provisions in the ordinance stating that the basic premise is to allow reduced setbacks in certain areas of
the City, specifically for the 62 lots in the neighborhoods along Middleridge Lane North/Williamsburg
Lane and Chuckwagon Road/Chesterfield Road; and approximately 98 lots in the RAS-1Zone that are
1.25 acres or less. She then reviewed the provisions for the proposed Overlay Zone District which
encompasses the Middleridge Lane North/Williamsburg Lane and Chuckwagon Road/Chesterfield Road
neighborhoods stating that existing homes would be allowed to be demolished and reconstructed in the
existing footprint. She further reviewed the proposed provisions for the non -conforming homes on lots
1.25 acres or less. She stated that in both proposed situations all of the other development standards and
Zoning Code requirements would have to be met including that there be a set aside area for a future
stable and corral; and only one driveway approach be allowed. She further reviewed the additional
provisions in the proposed ordinance. She also noted one error to be corrected in the proposed ordinance
in Section 17.24.050 where it referenced 1,000 sq. ft., it should read: "An addition of no more than nine
hundred ninety nine (999) square feet may be allowed provided the added area complies with the
provisions of this title."
Following staff's comments, Mayor Black opened the public hearing and called for public comment.
Dr. Lynn Gill, 31 Chuckwagon Road addressed the City Council stating that he attended the Planning
Commission meetings relative to this proposed change and is in support of the proposal.
Hearing no further public comment, Mayor Black closed the public hearing and asked for questions or
comments from the City Council.
Councilmember Lay commented that he feels that this is a good approach and the Planning Commission
has worked very hard on this topic. He commented that he has one concern regarding the proposed
overlay zone in that any teardown and/or new construction would end up with a 30 ft. frontage all the
way along; and if implemented as proposed, that applicants will use all of the allowable setback to
maximize the house and in time, all of the homes will be at the 30 ft. setback line.
Councilmember Pernell commented regarding the section in the ordinance pertaining to Purpose and
Intent, that the term "older" should be removed. Brief discussion ensued concerning property lines and
easements.
Mayor Black commented that he agrees with Councilmember Lay's concerning a straight 30 ft. frontage
and asked if there is a way to stop that from happening. Discussion ensued concerning the 30 ft. setback
requirement.
City Attorney Jenkins clarified that the intent here it to establish a different front yard setback standard
for a particular area of the City and that standard has to apply uniformly to all of the properties in the
defined overlay zone. He further commented that it is not appropriate to create variable setbacks and
every zone has to have a uniform rule.
Councilmember Lay moved that the City Council introduce Ordinance No. 326 as amended for first
reading and waive full reading of the Ordinance. Councilmember Hill seconded the motion which
carried by the following roll call vote:
AYES: Councilmembers Heinshiemer, Hill, Lay, Pernell and Mayor Black.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Minutes
City Council Meeting
04/09/12
-2-
1
1
Second reading and adoption was scheduled for the next regular meeting of the City Council.
OLD BUSINESS
None.
NEW BUSINESS
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
Dr. Lynn Gill, 31 Chuckwagon Road addressed the City Council regarding the correspondence he sent
to the City regarding the City's view preservation ordinance. He stated that he was on the Committee
that helped write the Rolling Hills Community Association's view policy and in the process of doing
that he read the View Ordinances of over 50 other cities. He stated that the Association has been subject
to litigation relative to enforcement of their view policy and as a result of that, the Association is
actively referring view matters to the City. He stated that he feels that the City is putting itself at risk of
litigation in taking such an active role in view cases and suggested that the City Council empower the
Planning Commission to take this issue up and report back to the City Council.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Councilmember Pernell thanked the Members of the City Council and staff for their participation in his
surprise birthday celebration.
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.
No closed session was held.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Black adjourned the meeting at 8:13 p.m. to
the next regular meeting of the City Council scheduled to be held on Monday, April 23, 2012 beginning
at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills,
California.
Approved,
Jameslack,M.D.
l
Mayo
Minutes
City Council Meeting
04/09/12
Respectfully submitted,
.
414A41,ffX�
Hei i Luce
Deputy City Clerk
-3-