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1/28/2013 n�TUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL . CITY OF ROLLING HILLS JANLTARY 28, 2013 PRESENT: Mayor Black, Councilmembers Pernell, Heinsheimer and Hill Anton Dahlerbruch, City Manager Yolanta Schwartz, Planning Director Terry Reiter, applicant Ralph Black, neighbor Councilmember Lay was absent and excused FIELD TRIP TO THE FOLLOWING SITE: AN APPEAL OF A DECISION OF THE PLANNING CONIMISSION IN ZONING CASE NO. 747 MODIFICATION FILED BY MR. TERRY REITER, TO CONSTRUCT 300 SQUARE FOOT ADDITION TO THE PREVIOUSLY APPROVED 2,000 SQUARE FOOT GARAGE AT 6 SADDLEBACK ROAD, ROLLING HILLS. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE CALIFROIVIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Black called the meeting to order at 5:00 p.m. at 6 Saddleback Road. Planning Director Schwartz provided background information on the request stating that this is a hearing on an appeal of a Planning Commission's decision and that the City Council may uphold, reverse or modify the Planning Commission's decision or remand the case back to the Planning Commission. She then pointed out the extent of the new addition, including the floor and two walls that were already constructed. Discussion ensued regarding the location of the previously approved garage and the space between the garage wall and the house. Mr. Reiter stated that this area was sloped. Mr. Reiter then measured the length of the garage without the desired additional 6 feet to show that the garage would only be 17 feet in depth if the front addition was not approved. A chimney located in the rear of that space limits the depth of the garage space. He stated that the project was not well thought out at the onset and this is one of the reasons why he is asking for modification. He also showed the Council the electrical conduits already installed in the front wall stating that it would be a hardship to remove and relocate the conduits. Councilmember Black discussed the roof construction and that the elevation of the front would he different and higher than the rest of the garage. Ms. Schwartz listed the conditions that the PC imposed on the property including that grass Crete be installed along the entire front of the garage and requiring plans showing the tree and the proposed area around the tree. Mr. Reiter stated that he would like to put pavers and that the driveway configuration would be different than originally approved, as he no longer needs vehicular access to the southern portion of the garage, because it is to be used as a hobby and storage area. He pointed to a row of bricks and stated that they delineate the new landscaping area to distinguish it from the driveway. In response to Councilmember Black, Mr. Reiter stated that there would be no direct access from the garage to the house and that he could built a passage in the back to accommodate access or eventually demolish the house and construct it in the front of the property. Councilmember Heinsheimer stated that Mr. Reiter might have to go back to the Planning Commission for further modifications to the driveway and access to the residence. There being no further questions or comments, Council members continued the meeting. ADJOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 5:25 p.m., to a regular meeting of the City Council to be held on Monday, January 28, 2013, beginning at 7:30 P.M., at City Hall, Rolling Hills California. Minutes—Adjoumed(Field Trip) City Council Meeting 01/28/13 -1- Respe fully submitted by: Schw , Planning Dire o Approved: J �l � � �z r�� � � ? � � I I Frank E. Hill,Mayor Pro Tem Date Minutes—Adjoumed(Field Trip) City Council Meeting O1/28/13 -2- � MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY,JANUARY 28,2013 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,Pernell, Mayor Pro Tem Hill and Mayor Black. Councilmembers Absent: Lay(excused). Others Present: Anton Dahlerbruch, City Manager. Yolanta Schwartz, Planning Director. Mike Jenkins, City Attorney. Heidi Luce, Deputy City Clerk. Kathleen McGowan, Consultant. Terry Reiter, 6 Saddleback Road. Norm Miller, 4 Chesterfield Road. Bea Dieringer, 7 Buggy Whip Drive. 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 January 14, 2013. RECOIVIlV�NDATION: Approve as presented. B. Payment of Bills. RECONIlVIENDATION: Approve as presented. C. Financial Statement for the Month of December, 2012. RECOIVIlVIENDATION: Approve as presented. D. Allied Recycling Tonnage Report for December, 2012. RECOMIVV�NDATION: Receive and file. E. Consideration of the dates of May 4 (greenwaste) and May 11 (bulky items) for the 2013 Annual Spring Clean-up; and the date of May 18, 2013 for the Spring Shred Day as proposed in the attached correspondence from Allied Waste. RECOMI��NDATION: Approve as presented. F. City Council Utility Underground Committee meeting notes of January 14, 2013. RECOMIV�NDATION: Receive and file. Councilmember Heinsheimer moved that the City Council approve the items on the consent calendar as presented. Councilmember Pernell seconded the motion, which carried without objection. COMIVIISSION ITEMS RESOLUTION NO. 2013-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION OF A STABLE AND CORRAL AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, IN ZONIlVG CASE NO. 825, (LOT 33-EF), AT 49 EASTFIELD DRIVE, ROLLING HILLS, CA. (DICKSOI�. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORIVIA ENVIIZONMENTAL QUALITY ACT (CEQA). Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz presented Planning Commission Resolution No. 2013-01 granting approval of the applicant's request in Zoning Minutes � City Council Meeting ov2sii3 -1- Case No. 825 at 49 Eastfield Drive for consideration and reviewed the applicant's request. She stated that the applicant is proposing a 600 sq. ft. single-story stable with a 200 sq. ft. covered porch and a 4500 sq. ft. corral; and requesting a variance to exceed the maximum allowed disturbed area on the lot. She noted that the application meets all the other conditions of development set forth in the Zoning Code. Following brief discussion, Mayor Pro Tem Hill moved that the City Council receive and file Planning Commission Resolution No. 2013-01 granting approval of the applicant's request in Zoning Case No. 825 at 49 Eastfield Drive. Councilmember Heinsheimer seconded the motion which carried without objection. PUBLIC HEARINGS AN APPEAL OF A DECISION OF THE PLANNING COMMISSION IN ZONING CASE NO. 747 MODIFICATION FILED BY MR. TERRY REITER, TO CONSTRUCT 300 SQUARE FOOT ADDITION TO THE PREVIOUSLY APPROVED 2,000 SQUARE FOOT GARAGE AT 6 SADDLEBACK ROAD, ROLLING HILLS. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE CALIFROTIIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Black introduced the item and asked for staff's comments. Planning Director Schwartz stated that this is a continuation of a Public Hearing that began at a field trip earlier in the day where the City Council visited the site. T'he application is an appeal of a Planning Commission decision where the applicant requested a 300 sq. ft. addition to a previously approved 2,000 sq. ft. garage that is under construction. The Planning Commission approved the side addition of approximately 145sq. ft. but denied the front addition of approximately 155 sq. ft. The applicant is appealing the Planning Commission's decision and asking the City Council to approve the entire 300 sq. ft. addition. The applicant originally requested a garage and the structure is being developed as a garage but the previously approved portion of the structure is being used as a hobby shop and storage area and the proposed addition will be a 3-car garage. She fixrther noted that the Planning Commission approved a grass-crete driveway into the entire section of the garage but the applicant commented today that he will be coming back to request � modification to the driveway that would use pavers and different landscaping. She reviewed the discussions that took place at the field trip and City Manager Dahlerbruch commented that all four Councilmembers present this evening were in attendance at the field trip as well as a neighbor, Dr. Ralph Black. Mayor Black opened the public hearing and called for public comment. Hearing none, he closed the public comment portion of the meeting. Councilmember Heinsheimer suggested that the applicant present a final plan for consideration which would include all of the items he is requesting given the fact that there have been many incremental changes to the project, and that the applicant mentioned today that he will propose additional changes. He further suggested that the newly submitted revised plan be remanded back to the Planning Commission. City Attorney Jenkins clarified that a remand would only be feasible if the applicant was willing to submit a comprehensive plan and suggested that the applicant be consulted. Mayor Black asked the applicant to respond. Terry Reiter, 6 Saddleback Road said the he does not wish to submit a revised plan and asked that the City Council take action on the application as it is currently presented either tonight or at the next meeting when Councilmember Lay is present. He further commented that he does not feel that returning to the Planning Commission would be a viable atternative. Following discussion, consideration of this item was continued to February 25, 2013. The public hearing was continued. OLD BUSINESS None. Minutes City Council Meeting oii2sit3 -2- ; . . =r.�_ , NEW BUSINESS � None. . OPEN AGENDA-APPRO�IIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME Norm Miller, 4 Chesterfield Road addressed the City Council regarding the City's view ordinance and the Planning Commission's public forum on view preservation. He commented that he feels that the Planning Commission, in trying to craft a perfect ordinance, is paralyzed in the process and suggested that a view should be defined as what existed when a property was purchased and that the City should not be involved in the enforcement of view restoration but rather serve in an advisory capacity to reduce litigation. He further suggested that the City and RHCA should have the same view ordinance. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS None. MATTERS FROM STAFF STATUS UPDATE ON THE RECENTLY ADOPTED MUNICIl'AL STORMWATER PERMIT AND CONSIDERATION OF OPTIONS FOR THE CITY'S COMPLIANCE WITH THE NEW MS4 PERMIT. Mayor Black introduced the item and asked for staff's comments. City Manager Dahlerbruch introduced Kathleen McGowan to give an overview of the options for the City's compliance with the new Municipal Stormwater Permit (MS4) that was recently issued by the Regional Water Quality Control Board. He stated that staff requests direction from the City Council with regard to how it wished to proceed with compliance with permit. He further suggested after having met with representatives of the other cities on the peninsula that the City Council may want to consider Option 3 of an Enhanced Watershed Management Program with a fall back of Option 1 of Minimum Control Measures. Ms. McGowan reviewed the history, significant changes and requirements associated the new MS4 permit and the City's options for implementation of the permit. She stated that Rolling Hills is primarily drained by natural canyons, interrupted by short sections of County-owned improved stormdrains and ultimately may drain to three receiving water bodies, Machado Lake, Santa Monica Bay and Los Angeles Harbor. The purpose of a stormdrain system is to drain floodwaters. When there are non- stormwater discharges that are not essential, the permit requires elimination of those discharges. The purpose of the MS4 permit is to prevent pollution in stormwater which is done through a system of best management practices. She reviewed three specific permit implementation options which include: (1) Minimum Control Measures which consists of using best management practices to comply with strict numeric pollutant limits; (2) Watershed Management Program which consists of best management practice based compliance for interim numeric limits and; (3) Enhanced Watershed Management Program which consists best management practice based compliance for interim numeric limits on a regional basis and seeks regional structural projects to retain the design storm. She further commented, in response to Councilmember Heinsheimer, that the deadline for compliance is June 28, 2013 but if Option 2 or 3 are selected a longer timeframe for development and implementation of a program are allowed. Following discussion, Councilmember Heinsheimer moved that the City Council direct staff to proceed with Option 1, Minimum Control Measures and to implement Option 3, Enhanced Watershed Management Program if/when it is determined that there are opportunities to join with other cities in an existing project that collects stormwater before it enters the protected water bodies. Mayor Pro Tem Hill seconded the motion which carried without objection. QUARTERLY SCHEDULE OF INVESTMENTS REPORT FOR THE QUARTER ENDING DECEMBER 31, 2012. City Manager Dahlerbruch presented the quarterly investment report for the quarter ending December 31, 2012. Councilmember Heinsheimer moved that the City Council receive and file the Quarterly Schedule of Investments report. Mayor Pro Tem Hill seconded the motion which camed without obj ection. Minutes City Council Meeting Ol/28/13 -3- RECONSIDERATION OF THE CITY COUNCIL MEETING DATE AND TIME FOR THE 1NSTALLATION OF NEW COUNCIL MEMBERS AND COUNCIL REORGANIZATION FOLLOWING THE MARCH 5, 2013 ELECTION. City Manager Dahlerbruch stated that the date chosen at the last meeting for the installation of new Councilmembers and reorganization of the City Council turns out to be in conflict with PVPUSD Spring Break and suggested alternatively that the City Council schedule the meeting for Monday, March 18, 2013 at 7:30 p.m. Councilmember Heinsheimer moved that the City Council schedule the meeting at which the new Councilmembers will be installed and the City Council will reorganize to take place on Monday, March 18, 2013 at 7:30 p.m. Mayor Pro Tem Hill seconded the motion which carried without objection. 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. G.C. 549569(a) Christine Greenberg, an individual, v. City of Rolling Hills, City Council of the City of Rolling Hills, et al., Los Angeles County Superior Court Case No. BS 140256. The City Council recessed into closed session at 9:23 p.m. to discuss the matter listed above on the closed session agenda. Following the closed session City Attorney Jenkins reported in open session that no reportable action was taken. AI)JOURNMENT Hearing no further business before the City Council, Mayor Black adjourned the meeting at 9:30 p.m. in memory of long time resident Sophia Henke. The next regular meeting of the City Council is scheduled to be held on Monday, February 11, 2013 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hills, California. Respectfully submitted, ` M � � Heidi Luce Deputy City Clerk Approved, + � � � Frank E. Hill � Mayor Pro Tem Minutes City Council Meeting o v2si�3 -4-