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
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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
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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.
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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.
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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
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