10-21-14 MINUTES OF A
REGULAR MEETING
OF THE PLANNING COMMISSION
OF THE
CITY OF ROLLING HILLS
OCTOBER 21, 2014
CALL MEETING TO ORDER
A regular meeting of the Planning Commission of the City of Rolling Hills was called to order by
Chairman Chelf at 633 p.m. on Tuesday, October 21, 2014 in the City Council Chamber, at City Hall, 2
Poriuguese Bend Road, Rolling Hills, California.
ROLL CALL
Commissioners Present: Kirkpatrick, Mirsch, Smith and Chairman Chelf.
Commissioners Absent: Commissioner Gray(excused).
Others Present: Yolanta Schwartz, Planning Director.
Raymond R. Cruz, City Manager.
Shahiedah Coates, Assistant City Attorney.
Heidi Luce, City Clerk.
Steve and Lori Wheeler, 38 Porhxguese Bend Road.
Ross Bolton, Bolton Engineering.
Tavisha Nicolson, Bolton Engineering.
Nicholas Tonsich, 40 Eastfield Drive.
Doug Monis, Contractor.
Dan Baer, 38 Eastfield Drive.
Olympia Greer, Greer&Associates.
Hagy Belzberg, Belzberg Architects.
Criss Gunderson, Architect.
Steve Lewis, 2 Ringbit Road East.
APPROVAL OF THE AGENDA
Approved as presented.
PUBLIC COMMENTS ON MINUTES AND ANY ITEM NOT ON THE AGENDA
None.
APPROVAL OF MINUTES
September 16, 2014 Adjourned Regular Meeting of the Planning Commission
Commissioner Mirsch noted one correction on page three item F to remove the word "the" in the first
sentence. Vice Chairperson Smith moved that the Planning Commission approve the minutes of the
adjourned regular meeting of the Planning Commission held on September 16, 2014 as conected.
Commissioner Kirkpatrick seconded the motion, which carried without objection.
September 16, 2014 Regular Meeting of the Planning Commission
Commissioner Mirsch noted one correction on page four to remove the statement "concurred that the
access to the utility room is acceptable" from the last sentence. Following brief discussion,
Commissioner Kirkpatrick moved that the Planning Commission approve the minutes of the regular
meeting of the Planning Commission held on September 16, 2014 as corrected. Commissioner Mirsch
seconded the motion, which carried without objection.
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RESOLUTIONS
RESOLUTION NO. 2014-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A SWIMMING POOL AND A SPA AND A VARIANCE TO EXCEED
THE MAXIMi.JM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 861,
AT 2 MIDDLERIDGE LANE SOUTH, LOT 168-RH, (JOHNSON).
Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz stated
that at the last Planning Commission meeting staff was directed to prepare a Resolution of Approval in
Zoning Case No. 861 at 2 Middleridge Lane South. She stated that the Resolution contains the standard
findings of fact and conditions of approval; and, at the request of the Planning Commission the
conditions that any future development be reviewed by the Planning Commission and that the deck and
swimming pool be screened from view from Middleridge Lane are also incorporated in the Resolution.
Commissioner Mirsch moved that the Planning Commission adopt Resolution No. 2014-14 granting
approval of the applicanYs request in Zoning Case No. 861 at 2 Middieridge Lane South. Commissioner
Kirkpatrick seconded the motion which carried without objection.
RESOLUTION NO. 2014-15. A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE AND PARTIALLY
APPROVING AND PARTIALLY DENYING A REQUEST FOR SITE PLAN REVIEW
REGARDING STAIRS, WALLS AND RELATED IMPROVEMENTS AT 38 PORTUGUESE
BEND ROAD, LOT 118-RH, (WHEELER).
Vice Chairperson Smith recused herself from consideration of this case due to the proximity of her
property to the subject property and left the dais. Chairman Chelf introduced the item and asked for
staffs comments. Planning Director Schwartz stated that at the last Planning Commission meeting staff
was directed to prepare a Resolution to partially approve and partially deny the applicanYs request to
retain as built construction that exceeds wbat was approved administratively in Zoning Case No. 863 at
38 Portuguese Bend Road. She reviewed the table included in the Resolution outlining what was
approved and not approved. She stated that a letter was received from an attorney representing the
Wheelers and that letter has been provided to the Planning Commission. She stated that the letter
requests approval of the as built project.
In response to Commissioner Kirkpatrick regarding the attomey's justification for approval, Planning
Director Schwartz commented that the Zoning Ordinance does allow fountains and other miscellaneous
items to be approved over the counter, but this feature is a wall, not a fountain and any wall over 3 ft. in
height requires Planning Commission review. Discussion ensued concerning the height of the walls.
Commissioner Mirsch commented that the statement in the letter that the wall heights were changed by
the engineer to allow for over the counter approval is confusing.
Chairman Chelf called for public comment.
Tavisha Nicholson, Bolton Engineering addressed the Planning Commission to offer to answer any
questions the Planning Commission may have regarding the project.
Steve Wheeler, 38 Portuguese Bend Road addressed the Planning Commission stating that they would
like to move past these problems and obtain approval for their request. Chairman Chelf suggested that
the applicant look for ways that the appearance of the walls can be softened. In response, Mr. Wheeler
commented that they are open to additional suggestions. Discussion ensued concerning ways to soften
the appearance of the large wall.
Lori Wheeler, 38 Por[uguese Bend Road addressed the Planning Commission stating that the original
plans prepared by Deborah Richie-Bray show the walls at 7 ft. tall but when the engineer prepared the
plans they were changed. She commented that there are two sets of stamped plans and the Plans
prepared by Bolton Engineering don't match the plans prepared by Deborah Richie-Bray.
In response to Commissioner Mirsch regarding the statement in the attorney's letter regarding personal
bias, Mrs. Wheeler stated that they fee] that the way their project has been handled and the anguish they
have endured isn't fair. She further commented that given all they have conceded to during this process,
they don't feel they have been treated fairly. In response, Assistant City Attorney Coates commented
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that the City Attorney's office does not believe there is any evidence of personal bias against the
applicants.
Ms. Nicholson asked for a wntinuance to look further into possible landscaping and bring back
renderings of options that may solve the issues. Commissioner Kirkpatrick asked Ms. Nicholson if it
would be possible to determine where the conflict lies between the plans prepared by Debarah Richie-
Bray and Bolton Engineering. Further discussion ensued concerning the walls.
Ross Boiton, Bolton Engineering commented that they would like to hear any further input from the
Planning Commission with regard to the project. Planning Director Schwartz commented that the project
is not yet under time constraints due to the Permit Streamlining Act and if the applicant would like to
continue consideration of this case, they can sign a letter consenting to a 90-day extension.
Discussion ensued concerning landscaping and how it may affect the appearance of the project.
Commissioner Mirsch commented that the difficult part of this project is that it is an as built condition
but looking at the project, she doesn't feel it would have been approved if it were part of the original
project. Chairman Chelf suggested that the applicant try to come up with a solution to soften the
appearance of the walls.
Commissioner Mirsch moved that the Planning Commission not adopt Resolution No. 2014-15 and
reopen the public hearing on this application pending submittal of a revised proposal and upon receiving
written consent from the applicant for a 90-day extension. Commissioner Kirkpatrick seconded the
motion which carried without objection. Vice Chairperson Smith reriuned to the dais.
PUBLIC HEARINGS ON ITEMS CONTINLIED FROM PREVIOUS MEETING
ZONING CASE NO. 862, Request for modifications to a previously approved project
consisting of a Site Plan Review for additional grading, Variances to exceed the maximum
permitted disturbance of the lot, walls exceeding 5' in height and to reconstruct slopes that would
be steeper than the maximum permitted and request for other various modifications to the
residence, garage and driveway in Zoning Case No. 862 at 40 Eastfield Drive, (Lot 91-EF),
Rolling Hills, CA, (Tonsich). ). It has been determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA).
Chairman Chelf introduced the item and asked for stafPs comments. Planning Director Schwartz stated
that the Planning Commission visited the site earlier in the day and she briefly reviewed the
improvements that were considered today including the proposed lowering of the driveway, lowering the
garage, the additional proposed porches, the new location of the service yard, the proposed staircase to
the basement area and the area where the utility room is located. She further reviewed the revised
configuration of the staircase from the lightwell that was narrowed from 6 ft. to 4 ft. and the proposed 3
ft. wall in the setback to wrap around the residence and provide a flat area. She further reviewed the
details of the applicant's request.
Chairman Chelf called for public comment.
Ross Bolton, Bolton Engineering addressed the Planning Commission to offer to answer any questions.
In response to Commissioner Mirsch, Mr. Bolton commented that Bolton Engineering has been the
engineering firm associated with the project since 2007.
Dan Baer, 38 Eastfield Drive addressed the Planning Commission stating that they are opposed to
moving the location for the future stable to the North and would like to request that it remain as
originally approved. He further expressed concern that a fence is on his property.
The Planning Commission began its deliberation on the case taking each item one by one. The Planning
Commission concurred that they do not have an issue with lowering the wine room or the two proposed
porches.
Discussion ensued concerning the stairway off the lightwell. Vice Chairperson Smith commented that
she does not feel that portion of the project meets this finding that the project maintains the natural
undeveloped state of the lot.
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Discussion ensued concerning the stairway to the electrical room with the Commission concurring that
they do not object to that stairway. Discussion ensued concerning the location of the electrical room.
Vice Chairperson Smith expressed concern regarding the fact that the project was not built to the
specifications in the original approval. Discussion ensued concerning the 1.5:1 slope with the
Commission concurring that they do not have an issue with the slope.
Discussion ensued concerning the location of the future stable. Chairman Chelf commented that the
wnfiguration of the lot makes it challenging to place it elsewhere. Commissioner Mirsch noted that it
was originally placed on the other side but had to be moved for some reason. Mr. Bolton commented
that the reason for the stabte being moved to the other side was because when doing the percolation test
for the septic tank, the original area proposed was not feasible so the location for the stable and the
septic tank had to be switched. Following further discussion, the Planning Commission wncurred that
the proposed location is acceptable.
Discussion ensued concerning the location of the electrical room. Commissioner Kirkpatrick commented
that he feels it is the best place for it. Following further discussion, the Planning Commission concurred
that they are not opposed to the location of the electrical room.
Discussion ensued concerning the stairway from the center lightwelL Commissioner Kirkpatrick
commented that since it has been placed at an angle, it is better than originally proposed and suggested
that the stairs be constructed with material other than cement. In response, Mr. Bolton commented that
they could use railroad ties in conjunction with cement and decomposed granite to soften the appearance
and the slope will be filled against the wall to lessen the appeazance of a second story. Further
discussion ensued concerning the appearance from Outrider Road. Vice Chairperson Smith suggested
that a landscaping plan be required to screen the project. Following further discussion, the Planning
Commission concurred that they are not opposed to the revised stairway.
Discussion ensued concerning the revised slope of the driveway and moving the location of the service
yard. Following discussion, the Planning Commission concurred that the location of the service yard is
acceptable. Further discussion ensued concerning the revised slope of the driveway and the lowering of
the garage with the Planning Commission concurring that both aze acceptable.
Discussion ensued concerning the proposed wall that wraps around the reaz of the property that provides
access to the deck. Planning Director Schwartz commented that this wall was on the original plan but it
is proposed to be extended. The Planning Commission concurred that they are okay with the wall.
Further discussion ensued concerning pool and the pool decking.
Planning Director Schwartz commented that if the Planning Commission approves the proposed location
for the future stable, it should also approve the proposed access off Outrider Road subject to RHCA
approval in the easement. The Planning Commission concuned.
Following public testimony and discussion, Commissioner Mirsch moved that the Planning Commission
direct staff to prepare a Resolution granting approval of the applicanYs request in Zoning Case No. 862
at 40 Eastfield Drive with the standard findings of fact and conditions of approval plus conditions that a
landscaping plan be submitted and that there be no further development without Planning Commission
review. Commissioner Kirkpatrick seconded the motion which carried without objection.
ZONING CASE NO. 866. Request for a Site Plan Review and Variance to construct a 60 square
foot addition and 98 square foot covered porch at an existing residence, which would encroach
into the front setback and construct above grade decks and outdoor amenities including
children's pool, spa, pool equipment area, water fall and related stairs at 4 Hackamore Road,
Rolling Hills, CA, Lot 26-EF, (Brown). It has been determined that the project is categorically
exempt from the requirements of the California Environmental Quality Act(CEQA).
Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz stated
the Planning Commission visited the site earlier in the day. She reviewed the applicanYs request to
construct a 60 sq. ft. addition and a 98 sq. ft. covered porch as well as several patios and outdoor
amenities. She further commented that a letter was received from the property owner at 8 Hackamore
Road expressing objection regarding the porch because it is close to the easement line. She stated that
the applicanYs representative provided a revised plan correcting an error and showing that the house is
not parallel with the easement line resulting in a lesser distance ftom the easement line in the azea of
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concern. Planning Director Schwartz further commented that the project, as viewed in the field today
was not staked according to the originally submitted plans, but revised plans were submitted today that
match how the project was staked and reflect what the applicant would like to construct. She stated that
as currently proposed, the structural lot coverage is 11.8% and total lot coverage is 14.4% with
disturbance at 26.6%.
Commissioner Mirsch noted that the trash service yard on this property was not enclosed. Planning
Director Schwartz suggested that the applicant put a gate in front of the trash area.
Chairman Chelf called for public comment.
Olympia Greer, Greer & Associates addressed the Planning Commission on behalf of the applicant to
further review the applicant's request and provided background as to the changes that were made during
the silhouette preparation.
In response to Commissioner Mirsch regarding the parking issues raised in the letter from the resident at
8 Hackamore Road, Ms. Greer commented that a portion of the area will be landscaped to discourage
parking. Discussion ensued concerning parking. Planning Director Schwartz commented that any
landscaping proposed in the roadway easement will require Rolling Hills Community Association
approval.
Following public testimony and discussion, Vice Chairperson Smith moved that the Planning
Commission direct staff to prepare a Resolution granting approval of the applicanYs request in Zoning
Case No. 866 at 4 Hackamore Road with the standazd findings of fact and conditions of approval plus
conditions that a landscaping plan be submitted and that the trash azea be enclosed. Commissioner
Mirsch seconded the motion which carried without objection.
ZONING CASE NO. 858-REVISED. Request for a Site Plan Review for grading of 2,344
cubic yards of cut and 1,900 cubic yards of fill to construct a new 12,927 square foot single
family residence, 1,349 square foot garage 4,639 square foot basement, 1,206 square foot
swimming pool and other miscellaneous outdoor amenities including 2,836 square feet of water
features, barbeque areas and fire places, at 8 Crest Road East, (Lot 192-A-2-MS), Rolling Hills,
CA, (Tu). It has been determined that the project is categorically exempt from the requirements
of the California Environmenta] Quality Act.
Commissioner Mirsch recused herself from consideration of this case due to the proximity of her
property to the subject property and left the dais.
Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz
reviewed the appiicanYs revised request for a new residence at 8 Crest Road East and stated the
Planning Commission also visited the site earlier in the day. She stated that the Planning Commission
has reviewed this project several times and this revised application proposes to maintain the existing
building pad and to retain some of the large trees on the property as well as moves the house 8 ft. toward
the rear yard setback and decreases the grading. The house is currently proposed at 12,927 sq. ft. with at
1,349 sq. ft. garage and 4,639 sq. ft. basement. She further reviewed the additional revisions that were
made since the previous proposal including the driveway. Planning Director Schwartz commented that
due to the Permit Streamlining Act, the Planning Commission must take action on this case tonight
unless the applicant chooses to withdraw the application.
Chairman Chelf called for public comment.
Hagy Belzberg, Belzberg Architects addressed the Planning Commission on behalf of the applicant to
further explain the changes that were made to the applicanYs request. He stated that the main objectives
were to reduce the building in size, reduce the grading and not change the topography by using the
existing pad. In response to Commissioner Kirkpatrick regarding the use of the basement space, Mr.
Belzberg stated the it will be used for storage.
Vice Chairman Smith commented that she is still concerned about the size of the house and the amount
of water features and fire pits but she appreciates the efforts that were made to preserve the more natural
state of the property. Commissioner Kirkpatrick commented that he also appreciates the efforts made.
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Mr. Belzberg commented that in an effort to eliminate the concerns raised he would be wiling to reduce
the water features. Chairman Chelf commented that he feels the architect has done a nice job and he
does not have an issue with the project. Discussion ensued concerning the visibility of the house from
the Georgeff Trail.
Following public testimony and discussion, Commissioner Kirkpatrick moved that the Planning
Commission direct staff to prepaze a Resolution granting approval of the applicanYs request in Zoning
Case No. 858-Revised at 8 Crest Road East with the standard findings of fact and conditions of approval
plus a condition that a landscaping plan be submimed. Chairman Chelf seconded the motion which
carried without objection. Commissioner Mirsch returned to the dais.
ZONING CASE NO. 860. (APPLICANTS REQUESTED CONTINUANCE TO
PLANNING COMMISSION FIELD TRIP MEETING IN NOVEMBER). Request for a
Conditional Use Permit, Site Plan Review and Variances at 10 Crest Road West, (Lot 2-CH),
Rolling Hills, CA. (Frykman).
Consideration of this case was continued at the request of the applicant.
NEW PUBLIC HEARINGS
ZONING CASE NO. 865. Mr. and Mrs. Steve Lewis, 2 Ringbit Road East, (Lot 44-SF)
Rolling Hills, CA. Request for a Conditional Use Permit, Site Plan Review and Variances to
construct an 1,800 square foot stable with corral that requires grading and a portion of which
would be located in the front yard area of the lot; exceedance of the maximum permitted
disturbance of the lot; construction of retaining walls the average height of which would exceed
2.5 feet, and construction of 5 foot maximum retaining walls required to enlazge an existing
motor court. The applicants also request a change of the orientation of the "front yard" of the lot,
which would result in the existing garage to be located in the rear setback, necessitating the
submittal of a Variance request to encroach with the existing garage into the rear setback. It has
been determined that the project is categorically exempt from the requirements of the California
Environmental Quality Act(CEQA).
Commissioner Kirkpatrick recused himself from consideration of this case due to the proximity of his
property to the subject property and left the dais. Chairman Chelf introduced the item and asked for
staff's comments. Planning Director Schwartz reviewed the applicant's request to construct an 1,800 sq.
ft. stable at 2 Ringbit Road East. She further reviewed the configuration of the lot which is on the wrner
of Ringbit Road East and Southfield Drive and provided details on the applicanYs request including a
request to change the orientation of the lot and to change the address from Ringbit Road East to
Southfield Drive. She stated that the driveway is currently on Southfield Drive and if this were a new
parcel the address would be on Southfield because it is the narrower of the two frontages. She stated that
the applicant is also proposing grading for the stable and to widen the driveway and construct a wall not
to exceed 3 fr. along the driveway. She stated that the stable is proposed at 20 ft. in height with no loft
proposed; and that the stable meets the requirements for stabie usage based on the City's Ordinance.
She stated that a neighbor on Ringbit Road East expressed concern regarding the visibility of the stable
and asked that if it is approved that it be screened from both streets. She further reviewed the grading
and disturbance.
Chairman Chelf called for public comment.
Criss Gunderson, Architect addressed the Planning Commission on behalf of the applicant to further
review the applicanYs request and offering to answer any questions. In response to Vice Chairperson
Smith, Mr. Gunderson stated that the stable has the capacity for horses.
Gregg Kirkpatrick, 11 Southfield Drive addressed the Planning Commission to express concern
regarding the visibility of the stable and to suggest that it be screened.
Steve Lewis, 2 Ringbit Road East addressed the Planning Commission stating that the placement of the
stable in relationship to the slope should address the issues regarding visibility from the street and they
intent to provide suitable landscaping.
Following staff's presentation and public testimony, the members of the Planning Commission
determined that a site visit should be scheduled to provide the members of the Planning Commission
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with further understanding of the applicant's request. The public hearing was continued. Commissioner
Kirkpatrick retumed to the dais.
SCHEDULE OF FIELD TRIPS
The Planning Commission scheduled field trips to the following properties to be conducted on Tuesday,
November 18, 2014 beginning at 730 a.m.
2 Ringbit Road East
10 Crest Road West
ITEMS FROM THE PLANNING COMMISSION
In response to Commissioner Mirsch regazding a statement in the Rolling Hills Community Association
Board Meeting minutes regarding easements, City Manager Cruz stated that this matter was previously
discussed and resolved with the RHCA. Staff was directed to discuss the matter with the RHCA staff to
determine if the issue still exists.
ITEMS FROM STAFF
None.
ADJOURNMENT
Hearing no further business before the Commission, Chairman Chelf adjourned the meeting at 9:05 p.m.
to an adjourned regular meeting of the Planning Commission scheduled for Tuesday, November 18,
2014 beginning at 730 a.m. for the purpose of conducting field trips to 2 Ringbit Road East and 10
Crest Road West. The next regular meeting of the Planning Commission is scheduled to be held on
Tuesday, November 18, 2014 at 630 p.m. in the City Council Chamber, Rolling Hills City Hall, 2
Poriuguese Bend Road, Rolling Hills, California.
Respectfitlly submitted,
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