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02-09-15.pdf MmvuTEs oF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HII.LS,CALIFORNIA MQNDAY,FEBRUARY 9,2015 CALL TO ORDER A reguIar�meeting o�the City Council of the City of Rolling Hilis was called to order by Mayor Pro Terr� Pieper at 733 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Roliing Hills, California with a teleconference location at 302 Centenniel Circle,Park City,UT 84060. ROLL CALL Councilmembers Present: Black,Dieringer,Hill,Mayar Pro Tem Pieper and Mayor Lay`. *Participated remotely via teleconference Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Michael Jenkins, City Attorney. Yolanta Schwartz,Planning Director. Heidi Luce, City Clerk. Ross Bolton,Bolton Engineering. Jim Aichele, 14 Crest Road West. Tavisha Nicholson, Bolton Engineering. Bil1 Kaska,Attorney. Lori Wheeler, 38 Portuguese Bend Road. Cl�int Patterson, 22 Geargeff Road. Leah Mirsch, 4 Cinchring Road. Spencer Karpf, 14 Caballeors Road. Arun Bhumitra, �3 Buggy Whip Drive. Pat Wilson, 74 Poriuguese Bend Road. CONSENT CALENDAR Mattexs which may be acted upon by the City Council in a single motion. Any Councilmeinber may reques� removal of any item from the Consent Calendar causing it to be considered under Council Actions. A. Minutes -Regular Meeting of January 26, 2015. RECOMMENDATION: Approve as presented. B. Payment of BiIls. RECOMMENDATION: Ap�rove as presented. CONSENT CALENDAR ITEMS FROM THE TRAFFIC COMNIISSION: C. Consideration of a recommendataon frorn the Traffic Commission to add more reflective strips to the utility pole located between 5 and 7 Eas#field Drive. RECOMMENDATION: Approve as presented. D. Conside�ration of a recommendatifln from the Traffic Commission to approve a request fram the Pa�os Verdes Art Center for a Homes Tour on April 17 and 18, 2015 to feature three RolIing Hills Homes located at 35 Crest Road East, 45 Eastfield Drive and 71 Saddleback Raad. RECOMMENDATIQN: Receive and file. E. Cansideration of a recommendation from the Traffic Commission after receiving ar� assessment by the City Traffic Engineer of current raadway conditions at 20 Upper Blackwater Canyon Road at the location where a swale and storm drain are located. RECOA�V�NDA,'�ION: Receive and file. Councilmember Black asked that item 3C and 3E be rernoved from the cansent calendar for individual consideration. Hearing no obj�ction,Mayor Pro Tem Pieper so ordered. Councilmember Black moved that the City Counci� approve the remaining items on the consent calendar as presented. Councilmember Hi11 seconded the motion, which carried without ob�ection by a roll ca�l Minutes City Couneil Meeting 02/09/15 _1_ vote. Consideration of a recommendation from the Traffic Cammission to add more reflective strips to the u�ility pole located between 5 and 7 Eastfield Drive. Councilmember Black suggested that the pole be rnoved further away from the roadway rather than adding more reflective strips to it. Following discussion, Councilmember B1ack moved that the City Council receive and file the report and direct staff to assess the pales on Eastfield Drive ta determine if they can be moved further away from the roadway. Councilmember Dieringer seconded the motion, which carned with Councilmember Hi11 opposed. Considera#ion of a recommendation from the Traffic Commissian after receiving an assessrnent by the City Traffic Engineer of current roadway conditions at 2Q Upper Blackwater Canyon Road at the location where a swale and storm drain are located. Councilmember B1ack expressed further concern regarding the safety of the roadway in the area where the drain is located and asked if the Rolling Hills Community Association has been made aware af the Traffic Engineer's recommendations for addressing the issue. Ci�y Manager Cruz stated that the RHCA has been provided the information. Mayor Lay suggested that the matter be pursued with the RHCA. Following discussion, Mayor Lay moved that the City Council receive and file the report. Mayor Pro Tem Pieper seconded the motion,which carried with Councilmember Black opposed. COMMISSION ITEMS RESOLUTION NO. 2015-Oi. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A STTE PLAN REVIEW FOR CONSTRUCTIUN OF ABOVE GRADE DECKS, PLANTER WALLS AND A GARAGE ADDITION TO THE RESIDENCE; AND REQUEST FOR VARIANCES FOR PLANTER WALLS TO EXCEED ON THE AVERAGE 2.5 FEET IN HEIGHT AND FOR AN OUT OF GRADE CONDITION FOR THE GARAGE ADDITION IN ZONING CASE NO. 867, AT 1 pINE TREE LANE, ROLLING HILLS, CA, LOT 102-RH, (DELGADO}. THE PR�JECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIIZONMENTAL QUALITY ACT, (CEQA). Mayor Pro Tem Pieper introduced the item and asked for stafPs cornments. Planning Director Schwartz reviewed the applicant's request far an addition, planter walls, above grade decks and an out of grade condition. She stated that the Planning Commission appraved the applicant's request with conditions including that permits be obtained for the previously constructed unpermitted gazebo. She ft�rther stated that the project rneets all of the development standards of the Zoning Ordinance and reviewed the Variances rec}uested as well as the out of grade condition. Following brie�discussion concerning the amaunt af the original house that was demolished and the aut of grade candition, Counciimember Dieringer mo�ed that the City Council receive and file Planning Commis�ion Resolution No. 2015-01 granting appraval of the applicant's request in Zoning Case No. 867 at 1 Pine Tree Lane. Councilmember Hill seconded the motion. Councilmember Black stated that he feels that this project is "new" construction and should be treated as such with full review by the Planning Commission and City Couricil. Following brief discussion, the motion carried with Cauncilmember Black apposed. PUBLIC HEARINGS ZONING CASE NO. 862, REQUEST FOR MODIFICATIONS TO A PREVIOUSLY APPROVED PROJECT CONSISTING OF A SITE PLAN REV�W FOR ADDITIONAL GRADING, VARIANCES TO EXCEED THE MA��IMUM PERMITTED DISTURBANCE ON THE LOT AND TO RECONSTRUCT SLOPES THAT WOULD BE STEEPER THAN THE PERMITTED AND FOR OTHER VARI�US MODIFICATIONS TO THE RESIDENCE, GARAGE, DRIVEWAY AND PARKING AREA IN ZONING CASE NO. 862 AT 40 EASTFIELD DRIVE (LOT 9l-EF), R�LLING HILLS, CA (TONSICH}. THE PR�JECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Pro Tern Pieper introduced the item and asked for staf�s comments. She sta�ed that this is a case that was taken under.jurisdiction by the City Council after the Planning Commission approved the Minutes City Council Meeting 02/09/15 -2" project and the City Council visited the site earlier today. She stated that at the field trip, the City Council indicated that there were some parts of#he project that weren't as concerni.ng as other parts so to make it more simple for deliberatioz�, she prepared a list of the items thie applicant is requesting broken down by requests involving the structures and requests involving grading and ather related matters. She distributed the list far the City Council's review. She reviewed the requests in�olving the structures which included: adding two additional cove�red porches, reducing the size of the swimming pool, depressing the wine cellar, depressing the garage, including an electrical room under the porch outside the footprint of the basement, constructing steps from the upper pad landing of a light well for access to the electrical room and basement, relocating the service yard and swapping the set aside axea for the future stable and corral with the area where the septic tank is to be located. She further reviewed tl�e request involving grading which included: adjusting the grade af the driveway by 2 ft., reducing the building pad size, re-grading the slope bel�ind the garage, re-grading the south side behind the residence to create a flat area and re-grading the rear slape to 1.5:1 grade. Councitmember Dieringer expressed concern that the soils and geology reports to substantiate the depression af the wine cellar have not been submitted ta the City. She further expressed concern that a Fire Department report approving tl�e lowering of the driveway has �lso not been submitted. She raised further concern regarding the 1:5:1 grade of the rear slope and that the percoIation t�sts have r�at been subrnitted ta justify moving the septic tank. In response to Councilmember Dieringer, Planning Directar Schwartz stated that the information submitted by the applicant has been provided to the City Council and suggested that the Engineer may better address her concerns. Councilmember Dieringer suggested that the matter sha�ald be continned given that there are several outstanding issued that need to be addressed. Mayor Pro Tem Pieper called for public comment. Ross Bolton, Balton Engineering addressed the City Council on behalf of the applicant to address Councilmember Dieringer's concems. He sta.ted that the driveway was previously appraved by the fire department at that grade and he believes t1�ey wi11 approve it. He further commented that the wine cellar was depressed as a result of the geology. Regarding the re-rebuilding of the rear slope at 1:5:1 grade, he commented that there are other slopes in the City a# 1:5:1 grade. He stated that the percolation report -- supporting the location of the septic tank has been submitted. He asked, on behalf of the appiicanfi, tha� the City Council approve all the items with the exception of the two items that involve re-grading the south side behind the resrdence to create a flat area and re-grading the rear slope to 1.5:1 grade and a�low the applicant to go back to County to work out the details of how to rebuild the slape and then return to the City Council with a solution. Councilmember Dieringer expressed concern regarding the location of the septic tank. Discussian ens�ted concerning the location for the sep#ic tank. Mr. Bolton stated that in his professional opinion,the currently proposed location is the best location for the septic tank. Jim Aichele, 14 Crest Road West addressed the City Council regarding the access to the basement through the light wells. Following discussion, Councilmember Dieringer moved that the City Counci� continue the matter to the March 9, 2015 City Council meeting to allow the applicant time to provide the information requested, obtain#he appropriate CoUnty review and address the concerns raised. Councilmember Hill seconded the motion, which carried without objection. ZONING CASE NO. 853. SITE PLAN REVIEW AND A VARIANCE TO RETAIN AS GRADED AND AS BUTLT STAIRS, WALLS AND WATER FEATURE, CONSTRUCTION OF WHICH EXCEED THE SCOPE OF WORK APPROVED ADMINISTR.ATNELY, AT 38 PORTUGUESE BEND ROAD (LOT 118-RI�, ROLLING HILLS, CA (WHEELER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENViRONMENTAL QUALITY ACT{CEQA). Mayor Pro Tem Pieper introduced the item and asked for staff s comments. Planning Directot Schwartz stated that this is a case that was talcen under jurisdiction by the City Council after the Planning Commission approved the project. She reviewed the applicant's request to retain an as built staircase and wails that were originalIy approved over the counter as 3 ft, maximum height tiered walls and stated that the City Council visited the site earlier today. She further stated that the appiicant has submitted a landscaping plan to show how th� area will be landscaped anc�that a letter was submitted by a neighbor in suppart of the project. Minutes City Council Meeting 02/09/15 _3_ Mayar Pro Tem Pieper called for pubiic comment. Tavisha Nicholson addressed the City Council on behalf of the applicant and �tated in response to a questian raised at the field trip, the exposed wall height is 8 ft. She stated that the applicant has pro�ided a landscaping plan and is willing to comply. In response to Councilmember Black regarding why Bolton Engineering is often before the City Council under these types of circumstances, Ross Bolton stated that Dan Bolton is t1�e engineer that started this project and it is his understanding the wall is taller because it is being finished with a water feature instead of fill between the two walls. He further stated that in the cours� of construction, opportunities to make changes are soxnetimes seen and made without the engineer's knowledge. Discussion ensued concerning what was originally approved over the counter campared to what was actually built. Bill Koska, Attorney addressed the City Council on behalf of the applicant and reviewed the ietter from a neighboring resident in support of the project. He provided plans showing that the walls were originally proposed and approved at 5 ft. and stated that they do not feel the water feature is subject to discretionary review because it is not a wall. He urged the City Council to approve the applicant's request as the Planning Commission did. With regard to Mr. Koska's assertion regarding the water feature, City Attarney Jenkins commented that the City does not agree that it is not a wall. With regard to the plan provided by Mr. Koska., Planning Director Schwartz pointed out that there is no size indicated for the walls. Discussion ensued concerning the walls. City Attorney 7enkins further commented that the praject is being built not as approved and there has been no answer to Councilmember Black's question as to how tha# happened but the record should reflect the fact that this is another project that was going forward without the proper approvals from the City. Councilmember Black �urther asked if there is a way to limit the ability of a company to practice in the City when the company repeatedly violates the rules of the city and suggested that the matter be discussed under Matters from the City Council. 3im Aichele, 14 Crest Raad West addressed the City Council to express his opinion that the project doesn't fit in the City and expressing further concern approving the project will set a precedent for firture cases. Lori Wheeler, 38 Portuguese Bend Road addressed the City Council stating they did not intend to deceive the City and they have complied with all of the Planning Commission's requests. She urged the City Council to appro�e the pro}ect. Hearing no further public comment,Mayar Pro Tem Pieper closed the public hearing. Following discussion, Councilmember Hill maved that the City Council direct staff to prepare a Resolution granting approval of the applicant's request in Zoning Case No. 863 at 38 Portuguese Bend Road. Councilrnember Black seconded the motion,which carried without objectian by a roli call�ate. Mayor Lay excused hirnself from the meeting and disconnected the teleconference location at 9:14 p.rn. OLD BUSINESS None. NEW BUSINESS None. OPEN AGENDA-APPROXIMATELY 8:00 P.M. -PUBLIC COMMENT WELCOME 3im Aichele, 14 Crest Raad West addressed the City Council regarding the radio tower that is proposed to be installed at Fire Station 56 and expressed concern that residents weren't informed about it and weren't given an opporiuni�y to express their objection or influence the decision. Minutes City Council Meeting 02/09/15 -4- MATTERS FROM'I`HE CITY COUNCIL AND MEETING ATTENDANCE REPORTS Councilmember Dieringer suggested that the City Council direct staff to cantinue to work against the proposed radio tower and formulate a community in�ormation system abaut the LA-RICS project and encourage residents to write letters. Councilmember Btack stated that he feels the City should do sarnething to address the issue regarding companies that continually break the City's rfxies. Mayor Pro Tem Pieper suggested that a discussion regarding what constitutes a re-model be scheduled far the Planning Cornmissian. He further suggested that staff check tke three-rail fences arourid City Hall to determine if any repairs are necessary. MATTERS FROM STAFF City Manager Cruz reported that a draft Ordinance pertaining to "airbnb" short-term ren�tals has been prepared and staff is seeing direction as to how to proceed. Follawing brief discussion, staff was directed to sched�tle a hearing bc;fore the Planning Commission to consider the Ordinance. PUBLIC COMMENT ON CLOSED SESSION AGENDA None. CLOSED SESSION None. RETURN TO QPEN SESSION None. ADJOURNMENT Hearing no further business before the City Council, Mayar Pro Tem Pieper adjourned the rneeting at 9:40 p.m. in memory of long t:ime resident Dr. Carroll Bellis. The next regular meeting of the City Council is scheduled to be held on Monday, February 23, 2015 beginning at 7:30 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road,Rolling Hilis, Ca�ifornia. Respectfully submitted, � ' � ���.� ��',� � Heidi Luce . ,.. City Clerk Appraved, B. Al�en Lay Mayor Minutes City Council Meeting o�ogn 5 -5-