03-17-15 MINUTES OF A
REGULAR MEETING
OF THE PLANNING C4MMISSION
OF THE
CITY OF ROLLING HILLS
MARCH 17,2015
CALL MEETING TQ ORDER
A regular meeting of the Planning Commission of the City of Rolling Hills was called to order by
Chairman Chelf at 6:30 p.m. on Tuesday, March 17, 2015 in the City Council Chamber, at City Hall, 2
Portuguese Bend Road,Rolling Hills, California.
ROLL CALL
Commissioners Present: Gray, Kirkpatrick, Mirsch, Smith and Chairman Chelf
Commissioners Absent: None.
�thers Present: Yolanta.Schwartz, Planning Director.
Rayrnond R. Cruz, City Manager.
Shahiedah Coates,Assistant City Attorney.
Heidi Luce, City Clerk.
Tavisha Nicho�son,Boltnn Engineering.
Allen McC�regor,Landscape Architect.
Rob Hammond, 23 Middleridge Lane North.
Terry Reiter, 6 Saddleback Road.
Greg George,Architect.
APPROVAL OF THE AGENDA
Approved as presented.
PUBLIC COMMENTS ON MINTJTES AND ANY ITEM NOT ON THE AGENDA
None.
APPROVAL OF MINUTES
Februazy 17, 2015 Adjourned Regular Meeting of the Planning Commission
Vice Chairperson Smith moved that the Planning Comrnission approve the minutes of the adjourned
regular meeting of the PZanning Commission held on Febniaiy 17, 2015 as presented. Commissioner
Gray seconded the motion, which carried without objection.
February 17, 2015 Regular Meeting of the P�anning Commission
Comrnissioner Gray moved that the Planning Commission approve the rninutes of the regular meeting of
the Planning Cammission held on February 17, 2015 as corrected. Vice Chairperson Smith seconded the
motion,which carried without objection.
APPOINT A MEMBER OF THE PLANNING COMMISSION TQ THE CONIlVIITTEE ON TREES
AND VIEWS
Cammissioner Gray moved that the Planning Commission appoint Chairman Chelf ta serve on the
Committee on Trees & Views. Commissioner Kirkpatrick secanded the motion, which carried without
objection.
Minutes
Planning Commission Regular Meeting
a3-r�-is _ 1 _
RESOLU'T�ONS
RESOLLTTIOT+T NO. 2015-03. A RE50LUTION OF THE PLANNING_COMMISSION OF
THE CITY QF 1tOLLING HILLS GRANTING A CONDITIONAL USE PERMIT AND A
VARIANCE TO CONVERT AN EXISTING CABANA TO A GUEST HOUSE THAT
ENCROACHES INTO THE NORTH SIDE YARD SETBACK AT 5 LOWER
BLACKWATFR CANYON ROAD IN Z�N1NG CASE NO. 875 (LOT 82-RH) IN ROLLING
HILLS, CA, (RUZIC). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA}.
Chairman Chelf introduced the item and asked for stafPs comments. Planning Director Schwartz briefly
reviewed the applicant's request and stated that at the last rneeting,the Planning Cammission asked staff
to prepare a Resolution granting approval to cover� a previously approved cabana to a guesthouse and
enclosure of an open porch that encroaches into the setback by 3 ft. Chairman Chelf asked for public
camment. Hearing none, he asked for comments from the Planning Commission. Following brief
discussion, Vice Chairperson Smitl�moved that the Planning Commissian adopt Resolu�ion No. 2015-Q3
recommending approval of the applicant's request in Zoning Case Nn. 875 at 5 Lower Blackwater
Canyon Road. Commissioner Kirkpatrick seconded the motion which carried without abjection.
RESOLUTION NO. 2015-Q4. ZONING CASE NO. 870. A RESOLUTIQN OF THE
PLANNING COMMISSION O� THE CITY OF ROLLING HILLS AUTHORIZING THE
ISSUANCE OF A CERTI�'ICATE OF COMPLIANCE FOR A LOT LINE AD3USTMENT
BETWEEN PROPERTTES AT 1 BUCKB�ARD LANE, 1 GEORGEFF ROAD, 3 GE4RGEFF
ROAD AND 8 �REST ROAD EAST AND GRANTING A VARIANCE TO ALLOW LESS
THAN THE MINIMUM REQUIRED FRONTAGE OF A �.OT ALONG THE STREET
EASEMENT, IN ZONING CASE NO. 570, L�T LINE ADJUSTMENT NO. 2015-01
(ROBINSON}. PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
Vice Chairperson Smith and Commissioner Mirsch recused themselves from consideration of this case
due ta the proximity of their properties to the subject properEy. Chairman Chelf introduced the item and
asked for sta�s comments. Planning Director Schwartz briefly reviewed the applicant's request for a lot
line adjustment stating that in order to keep the Zoning Map and General Plan in conformance with new
property lines, a Zoning Map Amendment and General Plan amendment are also required. She stated
that before the Planning Commission are two Resolutions of Appro�al. Resolution 2015-04 grants
approval of the applicant's request for the lat line adjustment between four parcels as requested by the
Planning Commissian; and Resolution 2015-OS which recommends that the �ity Council adopt an
ordinance Amending tlie Zoning Map and General Plan.
Chairman Chelf called for public comments. Hearing none, he asked for comments from the Planning
Commission. Commissioner Kirkpatrick moved that #11e Planning Comrnission adopt Resolution No.
2015-04 recomrnending issuance of a Certificate of Cornpliance for a Lat Line Adjustm�nt between
properties located at ]. Buckboard Lane, 1 Georgeff Road, 3 Georgeff Road and 8 Crest Road East in
Zoning Case No. 870. Commissioner Gray seconded the motion which carried without objection.
RESOLUTIQI�d NO. 2015-05. ZONING CASE NO. 87�. — RESOLUTIQN OF THE
PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING THE CITY OF ROLLING HILLS ZONING MAP (ZONING MAP
AMENDMENT NO. 2015-01) AND A RESOLUTION AMENDING TI� LAND USE
ELEMENT OF THE GENERAL PLAN (GENERAL PLAN AMENDMNET N0. 2015-01) IN
ZONII�TG CASE NO. 871 TO CHANGE THE Z�N1NG DISTRICT AND LAND USE
CLASSTFICATIONS OF PORTIONS OF ADJUSTED LOTS HAVING APN N�. 7S67-015-
02� AND 7567-015-022 APPROVED IN ZONING CASE N�. 870 BY LOT LINE
ADNSTMENT NO. 2015-0 l.
Vice Chairperson Smith and Commissioner Mirsch recused themselves from consideration of this case
due to the pro�imity of their properties to the subject property. Commissianer Kirkpatrick moved that
the Planning Commission adopt Resolurion No. 2015-05 recarnmending that #he City Council adopt an
Ordinance amending the City of Rolling Hills Zoning Map and a Resolution amending the Land Use
Element of the General P1an in Zoning Case No. 871. Commissioner Gray seconded the motion which
carried without objection. Vice Chairperson Smith and Commissioner Mirsch returned to the dais.
Minutes
Planning Commission Regular Meeting
03-17-15 -2 -
BRIEF RECESS
The Plannirig Commission took a brief recess to congrahilate Commissioz�er Mirsch on her election to
the Rolling Hills City Conncil and to thank her for her service on the Planning Commission.
PUBLIC HEARINGS ON ITEMS C�NTINUED FROM PREVIOUS MEETING
APPLICANT REQUESTED CONTINUANCE—ZONING CASE NO. 869, SUBDIVISION
NO. 94, VE5TING TENTATTVE PARCEL MAP NO. 727'�5, a request to subdivide an
existing lot totaling 7.05 acres gross into 2 parcels of a vacant lot located on the south side of
Crest Road East, between 17 Crest Road E. and 29 Crest Raad E. (Lat 32-A-MS}, Parcel No.:
7567-011-020.
At the request of the applicant, consideration of this case was continued.
ZONING CASE NO. 876. Rec�uest for a Lot Line Adjustrnent, Site Plan Review, Conditional
Use Permi� and a Variance to merge two existing parcels into one lot; to construct a stable with a
loft and corral, and to locate the stable and corral in the front yard area of the lot, at 77 Crest
Ro�d East, (APN 7567-008-12 and 13), Rolling Hi11s, CA, (Jankovich). Project has been
determined to be exempt from the California Environmental Qua.lity Act, {CEQA}.
Chairman CheIf intraduced the item and asked for staffls comments. Planning Directar Schwartz stated
that the Planning Commission visited the site earlier in the day to see the proposed s#ab�e and adjusted
1at lines; and questions were raised regarding the size of the corral. She further stated that since the field
�ip, the applicant s�bmitted a plan showing a 1,000 sq. ft. corral versus the 550 sc�. ft. corral that was
originally proposed and staff prepared a table showing the sizes of recently approved stab�es arid corrals.
She further revaewed the applicarit's request for a lot line adjustment to merge two existir�g lots and
construct a 3,455 sc�. ft. footprint stable in the front yard area with a 235 sq. ft. loft. She further
reviewed the applicant's request for walls and the limits of grading which will be baianced an site. Sh�
stated that the stable meets the requirements for construction and allowed use. She further stated that#he
development standaxds are also being met.
Chairman Chel£asked for clarificatian on the size of the corral recognizixig that the re�ised plan he was
provided shows a 2,000 sq. ft. stable. Planning Director Schwartz confirmed that the proposed corral is
2,000 sq. ft.
Chairman Chelf called£ar public comment.
Tavisha Nichalson, Baiton Engineering addressed the PIanning Commission on behalf of the applicant
confirming that the proposed corral is 2,000 sq. ft. and offering to answer any questions.
Vice Chairperson Smith expressed concern that the size of the corral still isn't large enough cornpared to
the size of the stable if it is to be a working stable.
Commissioner Gray commented that since car storage is an acceptable use for a stable, the size of the
carral is adequate and no neighbors have complained,he is not oppased to the project.
Further discussion ensued concerning the size of the corral and Vice Chairperson Smith suggested that
the Planning Commission further study the appropriate size of corral based on the size af the stable and
revise the code if necessary.
Commissianer Kirkpatrick comrnented that he is not opposed to the project given that it rneets the
pararnete�rs set forth in the eode. Chairman Chelf commented that he appreciates that the applicant
increased the size of tlie corral.
Fol�owing brief discussion, Commissioner Kirkpatrick moved that the Planning Comrnission direct staff
to prepare a Resolution granting approvai of the applicant's request in Zoning Case No. 876 at 77 Crest
Road East with the standard findings of fact and conditions of approval. Commis5ioner Crray seconded
the motion which casried with Vice Chairperson Smith apposed.
Minutes
Planning Commissiott Regular Meeting
03-17-15 -3 -
ZONING CASE N�. 872. Request for a Site Plan Review for a 1,389 square foot residential
addition ax�d a Variance to encroach with a portion of the addition into the side and front yard
setbacks, including with a basement and with a trellis into the rear setback at 23 Middleridge
Lane North, (Lot 2-MR}, Rolling Hills, CA, (Hamrnond). Project has been determined to be
exempt from the California Environmental Quality Act, {CEQA).
Cha.irman Chelf introduced the item and asked for staffs camments. Planning Directar Schwartz
reviewed the applicant's request and stated that the Planning Cornmission visited the site earlier in the
day. She stated that the applicant completed a survey of the property and the structures have been
superimposed on the survey. She further reviewed the applicant's request for an addi�ion including a
basement and trellis in the City's overlay zone. 5he stated that the applicant is also proposing a 735 sq.
ft, swimming pool with a new deck. She further stated that the applicant has submitted a cross section
and their representati�e will review it.
Allan MacGregor, Landscape Architect addressed the Planning Cammissian on behalf of the applicant
to explain the cross section and the proposed pool. He stated that there isn't any grading required and
retaining wall will not be required.
Chairman Chelf called for public comment.
Rob Hammond, 23 Middleridge Lane Narth addressed the Planning Commission to fixrther explain their
request.
Commissioner Gray commented that his only concern was how the paoi was going to be retained and
the applicant has addressed that issue. Vice Chairperson Smith stated that she feels that the appiicant
has done a good job bringing the lot into compliance. Commissioner Kirkpatrick commented that he
feels that the infix�ity edge pool helps.
Follawing brief discussion, Commissioner Gray moved that the Planning Commission direct sta�'f to
prepare a Resolution granting approval of the applicant's request in Zoning Case No. 872 at 23
Middleridge Lane North wi�h the standard findings of fact and conditions of approval plus a condition
that there be no further de�elopment without Planning Commission review. Commissioner Kirkpatrick
seconded the motion which carried without abjection.
ZONING CAS� N�. 877. Request for a Site Plan Review to retain a partially constructed
garage addition, which vc�as previously disallowed at an existing single-farnily residence at 6
Saddleback Road (Lot 18-RH), Rolling Hills, CA, (Reiter). Project has been determined to be
exempt from the California Environmental Quality Act, (CEQA).
Chairman Chelf introduced the item and asked for stafPs comments. Planning Director Schwartz
reviewed the applicant's request and stated that the Planning Commission visited the site earlier in the
day. She stated tha#the applicant is requesting a rnodification to a previously approved garage where an
addition was constructed to the side and front of the garage and the applicant subsequently requested
approval. She stated that the Planning Commission approved the additian to�he side, but did not, at that
time approve the addition ta the front. She sated that since the �revious approval, code enforcement
ensued on the case and the applicant requested another oppomu►ity to corne before the Planning
Commission for approval of the 155 sq. ft. addition to the front of the garage. She further stated�hat the
applicant has since made changes to the roofline and at the field trip the Planning Commission expressed
concern that the proposed roofline may not be �easible, bu� that is so�nething the Rnlling Hills
Community Association Architect�xral Committee will review.
Commissioner Kirkpatrick commented that the Planning Commission should consider only what is
under its purview and he is okay with the S ft. addition given that it meets the Zoning Code
requirements.
Comtnis,sioner Gray suggested that the applicant have the proposed roofline approved by the
Architectural Committee and then the Planning Commission can consider the addition.
Chairman Chelf stated tha� he Planning Commission cannot predicate its decisions on whax is approved
by the Architectural Cornmittee. The project should be reviewed on its merits and either approved or
denied.
Minutes
Planning Commission Regular Meeting
03-17-15 -4 -
Vice Chairperson Smith stated that she is not pleased with the way this project has progressed but she
understands the points raised.
Commissioner Gray sugg�s�ed putting a time limit by which the applicant mus� complete construction.
Discussion ensued concerning a time limit.
Terry Reiter, 6 Saddleback Road commented that he wo�xld also have to get County approval and that
may take several months.
Following brief discussion, Commissioner Kirkpatrick moved that the Planning Commission direct staff
to prepare a Resolution granting approval of the applicant's request in Zoning Case No. 877 at 6
Saddleback Road with the standard findings of fact and conditions of approval plus conditions that there
be no furth�r development without Planning Commissian review and that the project be eonstructed
within 12 months. Commissioner Crray seconded the motion which carried without objection.
NEW PUBLIC HEARINGS
ZONING CASE NO. 873 and 874. Request for a Zoning Code Arnendment to amend the
Rolling Hills Munici�al Code, Section I7.18.070 ta allow aviaries exceeding 200 square feet
with a Conditional Use Permi# on lats that are less than 5 acres in size; and a request for a
Conditional Use Permit to construct a 338 square foot aviary on a lot that is less than 5 acres in
size at 2Q Outri.der Road (Lot 170 -) Rolling Hills, (Rich). The project has been determined to
be categorically exempt pursuant to the California Environmental Quality Act(CEQA).
Chairman Chelf iniroduced the item and asked far staf�s cornments. Planning Director Schwartz
reviewed the applicant's request to construct a 338 sq. ft. aviary with a full roof and metal mesh on the
sides on a lot that is less than 5 acres in size. She stated that the Zoning Code allows aviaries of up to
200 sq. ft. on lots that are smaller than 5 acres without a Canditional Use Permit as long as they meet the
develapment standards. She further stated that since the applicant is requesting a 338 sq. ft. aviary on a
lot that is less than 5 acres in size, a Zoning Code amendment is required in addition to a Conditional
Use perm�t. She sta.ted that the property is developed with a single-family residence and a swimmi�g
pool; and there is a sef aside area far a stable and corral. She stated that if constructed, the aviary wiil
not cause arry exceedances an the lot. Structural lot coverage is proposed at 7.4%, total �ot coverage is
propnsed at 14% and building pad co�erage is proposed at 36.5% and no grading is proposed. She stated
that the applicant is planning to keep parakeets, finches and similar birds in the aviary. Sh� stated that
owners of two neighboring properties visited City Ha11 to discuss the project and expressed concern as to
how the noise rnay affect them and maintenance and another neighboring property in RPV called just to
ask questions.
Commissioner Kirkpatrick asked if there was a reason behind the cade requirement that aviaries over
200 sq. ft. are only allowed on lots over 5 acres in size. In response, Planning Director Schwartz stated
that when aviaries were added as an approved structure, staff worked with a resident that has aviaries
and other animal keeping facilities and it was his guidance but it was not researched specifically for
aviaries. Also in response to Co�nmissioner Kirkpatrick, Pianning Director Schwartz stated that this
requires a Zoning Code amendrnent because a Variance cannat be issued for a use.
Chairman Chelf aslced if there are any county, state or federal guidelines far aviaries. Discussion ensued
concerning the 5-acre requirement. Commissioner Crray commented that the Schultz property is over 5
acres, but the a�iary is ve�ry close to two hames. Planning Director Schwartz stated that in sta�s snitial
research, other than requirements regarding exotic species, there are not specific requirements for
aviaries.
Chairman Chelf called for public comment.
�
Greg George adtUressed the Planning Commission on behalf of the applicant to further explain the
appIicant's request. He stated that the specific requirement of the code have been met and he fee�s that
the 5 acre requirement s�ems rather arbitrary and he feels that the proposal is a natural addition to the
averall environment on the property.
Following staff's presentation and public testimony, the members of the Planning Commission
determined that a site �isit should be scheduled to provide the members of the Planning Commissian
with further understanding of the applicant's request. The public hearing was co�tinued.
Minutes
Planning Comrnissivn Regular Meeting
03-17-15 - 5 -
SCHEDULE OF FIELD 'TRIPS
The Planning Commission scheduled a field trip to the following properties to be conducted on Tuesda.y,
March 17,2015 beginning at 7:3Q a.m.
20 Outrider Rcad
OLD BUSINESS
Continued discussion regarding Zoning Code amendment relating to preservatian af views and
interpretation of Measure B.
Chairman Chel£ introduced the item and asked for staf�s comments. Planning Director Schwartz
distributed the document pertaining to Measure B interpretation that was not inchzded with the staff
report, noting that it is the same document from the last meeting. She reviewed the history af this
discussion itern and stated that a City Council ad hoc cornmittee reviewed the View Ordinance including
Measure B and made some recom�nendations as w�ll as provided some direction for the Planning
Commission's discussion on this matter. She further stated that the Planning Commissivn began
discussing this matte� at its last meeting and requested firrther clarificatian on some of the discussian
points. Planning Directo� Schwartz reviewed a draft ordinance which incarporates the changes that the
ad hoc committee suggested with respect to the viewing area, mediation, env�ranrnental considera�ions,
view corridor, timing of restora.ti�e action, and invalidating orders issued before Measure B. She further
sta.ted that there were alsa several matters discussed but unresotved by the ad hoc committee which
included: indemnification and cost allocation for subsequent maintenance. Wit�i regard to Measure B
Following staff's presentation and discussion consideration of this matter was continued to the Apri121,
2415 Planning Commi�sion meeting.
With regard to Measure B, Planning Director Schwartz stated that there were two unresolved matters
which included: what is cansidered "acquisition" of the property and the definition of mature vs.
maturing. She further stated with regard to mature vs. maturing, the ad hoc comznittee recornmended
using the 5unset Western Garden Book as a guideline. Discussion ensued concerning the difficulty in
making that a.ssessment. Assistant City Attorney Coates stated that the goa� �f the administrative
regulatians is to resol�e some of the ambiguities that have come to light as the City has tried to apply
Measure B. She further commented that the objective is to provide guidance in making the required
determinatians.
Assistant City Attorney Coates then provided responses to the questions that were raised at the previous
meeting. With regard to indemnificatian, she stated that the City's iilsurance does not cover
discretionary actions. With regard to what other cites do regarding indemriancation; she stated that some
cities require indernnifieation and some do not and it is typically written into ±he respective view
preservation ordinances. Planning Director Schwartz commented that inclucied with the staff r�port is a
rnatrix showing the provisioa�s in their ordnances. Discussion ensued concerning the pluses and minuses
of asking for indemnifi�,ation. Assistant City Attorney Coates stated that it may result in an additional
fmancial burden for the applicant by shifting the burden that is c�xrrently an the City ta the applicar�t.
Further discussion ensued concerning the matrix and what options are available to the City including the
option af not having a view preservation ordinance. Additional discussion ensued concerning
Association's view pr��ervation process and the differences between the City's view process and the
Association's view process.
In response to Commissioner Kirkpatrick regarding the legal issues and interpretation, Assistant City
Attorney Coates stated that the City Attomey's office will guide the Planning Commission through
making sure the policy decisions made and recomrnended to the City Council are reflected in a legally
defensible way but ultimately, an Ordinance reflects the policy of the City and policy decisions are rnade
by the City Council.
With regard to the ownership issue raised at the last meeting, Assistant City Attorney Coates stated that
the State Revenue and Taxation Code provides a series of circumstances under which a change of
praperty owners�ip has occurred for purposes of reassessing the taxable value of the property. She
cornmented that the City may incorporate that defmition of acquisition of property by reference or
consider other options. Discussion ensued concerning the pluses and minuses o�using that definition as
compared to other definitions. Discussion ensued concerning estates and tru,sts inciuding revocable and
Minutes
Planning Commission Regular Meeting
03-17-15 - 6 -
irrevocable trusts. In response to Vice Chairpersan Smith, Assistant City Attorney Coates stated that the
Planning Commission could incarporate the State's definition of acquisition of property. Further
discussion ensued concerning inheritance issues and distance iimitations. Consideration of this matter
was continued to the Apri121, 2015 Planning Commission meeting to allow the Planning Commission
ari opportunity to review the new materials provided.
NEW BUSINESS
Discussion regarding a Zonirig Code amendment to prohibit short-tertn rental of priva�e
residences.
Chairman Chelf introduced the item and asked for sta.ff's comments. Planning Di�ector Schwartz stated
that the City Council requested that the Planning Commission study short-ter�n rental af private
residences and make a recammendation for an ord�nance prahibifing such uses. She stated tlzat the on�y
twa currently permitted primary uses in the RAS zone are singZe-family residr:nces arid craps. She
stated that if the Planning Commission concurs, staff will prepare an ordinance specifically prohibiting
short-term rentais. Follawing brief discussion, the members of the Planning Comrnission directed staff
to schec�ule a public hearing to consider a Zoning Code amendment to prohibit short-term rental of
private residences.
ITEMS FROM THE PLANNiNG COMMISSION
None.
ITEMS FROM STAFF
Planning Directar Schwarkz reported that the City Council took the zoning case at 40 Eastfield Drive
urider jurisdiction and after several public hearings and a field trip has requested a Resolution to approve
all of the rnodifications except the grading in the rear.
ADJOURNMENT
Hearing no further business before the Commission, Chairman Chelf adjourned the meeting at 9:07 p.m.
to an adjourned regular meeting of the Planning Commissian scheduled for Tuesday, April 21, 20�5
beginning at 7:3q a.rn, for the purpose of conducting a field trip to 20 Outrider Raad. The nex�regular
meeting of the Planning Commission is scheduled ta be held on Tuesday, Aprii 21, 2015 at 6:3Q p.m. in
the City Council Chamber,Rotling Hills City Hall,2 Portuguese Bend Raad, Roliing Hilis, California.
Respectfully submitted,
�`���''�����
-����
Heidi Luce
City Clerk
_.�,�
,f �
Approved, �'�?
, r� � 4
..._..-�'' �.' . D ���"'�"�,..ti...,..�
Brad Ch�i�``�
d
Chairman
Minutes
Planning Commission Regular Meeting
03-17-15 -7 -