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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 -