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04-21-15 MIN[TTES OF A REGULAR MEETING OF THE PLANNING CONIlVIISSiON OF THE C�TY�F R�LLING HILLS .A.Px�a..z�, zais CALL MEET�N�"r TO ORDER A reguiar mee�ing of the Planning Commission of the City af Rolling Hi11s was called to order by Chairman Chelf at 6:45 p.m. on Tuesday, April 21, 201 S in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hi11s, California. ROLL CALL Commissioners Present: Gray, Kirkpatrick, Smith and Chairman Chelf. Commissioners Absent: None. Others Present: Yolanta Schwartz, P�anning Dixector. Raymond R. Cruz, City Manager. Shahiedah Coates, Assistant City Attorney. Heid.i Luce, City Clerk. Tavisha Nicholson,Bolton Engineering. Thamas Jankovich, 77 Crest Raad East Allen McGregor, Landscape Architect. Dan Bolton, Bolton Engineering. Charlie Raine, 2 Pinto Raad. Tina Greenberg, 32 Poriuguese Bend Road. Greg George,Architect. Jim Aichele, 14 Crest Raad West. ��" Lynn GiII, 31 Chuckwagon Road. Marcia Schoettle,21 Eastfield Dri�e. Mike Schoettle, 21 Eastfield Drive. APPROVAL OF THE AGENDA Approved as presented. PUBLIC COMMENTS ON MINUTES AND ANY ITEM NOT ON'THE AGENDA None. APPROVAL OF MINUTES March 17, 2015 Adjourned Regular Meeting of the Planning Commission Vice Chairperson Srnith moved that the Planning Commission approve the minutes of the adjourned regular meeting of the Planning Cammission held on March 17, 2015 as presented. Commissioner Gray seconded the motion, which carr�ed without objection. March 17, 2015 Regular Meeting of the Planning Comrnissian Vice Chairperson Smith moved that the Planning Commissior� approve the minutes of the regular meeting of the Planning Cornmission held on March 17, 2015 as presented. Commissioner Gray seconded the motion, which carried withaut objectian. Minvtes Planning Comrnission Regular Meeting 04-21-15 - 1 - _ _ _ _ _ _ _ _ _ _ _ _ __ ____ _ RESOLUTIONS RESOLUI'ION NO. 2�15-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING H1LLS AUTHORIZING A LOT LINE ADJUSTMENT OF PROPERTIES AT 77 CREST ROAD EAST (LOT 69-A-1-MS) AND THE VACANT LOT NORTH THEREOF (LOT 69-A-2-MS) TO CREATE ONE LOT IN ZONING CASE NO. 876, L�T LINE ADNSTMENT NO. 2015-02, (JANKOVICH). THE PROJECT IS EXEMPT FR�M THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, {CEQA). RESOLUTION NQ. 2015-07. A RESOLUTION OF THE PLANNING COMII�IISSION OF THE CITY OF ROLLTNG HILLS GRANTING A SITE PLAN REVIEW, CONDITIONAL USE PERMIT AleiD A VAi2IANCE TO CONSTRUCT A STABLE WITH CORRAL THAT REQLTIRE GRADING AND TO PERMIT THE STABLE AND CORRAL IN THE FRONT YARU AREA IN ZOI�TING CASE NO. 876, AT A PROPERTY WHERE A L�T LINE ADJUSTMEN�' NO. 2015-Q2 WAS CONCURRENTLY APPROVED, AT 77 CREST ROA►D EAST, (JANKOVTCH). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONIV�ENTAL QUALITY ACT, (CEQA}. Chairman Chelf introduced the i�em and asked for stafF's comments. Planning I�irect�r Sck���artz �tated that before�th�Planning Coinmission for consideration are two resolutions in Zoning Case No. 876 at 77 Crest Road East as directed at the last meeting of the Planning Comrnission. S11e stated that Resolut�on No. 20 i 5-06 grants approval of a lot�ine adjustment to merge two lots, ane of which is vacant, into one 1U.3 acre lat and the second Resolution grants approval to construct a 3,691 sq. ft. vvith 235 sq. ft. loft. Planning Director Schwartz noted one correction ta Resolution No. 2Q15-07 in Condition O regarding planting af tre�s to remove the �anguage that states the trees be plaxited in an offset manner so that not to result in a hedge like screen. Chairman Ghelf called for public comment. Tavisha Nicholson, Bvlton �ngineering addressed �he Pla.t�ning Commission affering to address any questions the Planning Commission may have. Vice Chairperson Smith commented that she is still uncomfartable vv�th the way the sta.ble arid carral are proposed and her common sense as a horse owner of mbre than Sa years indicates that the corrallturnout is too small for the size af the stable. Tom 7ankavich, 77 Crest Road East addressed the Planning Comrnission stating that the size of the corral can be increased if necessary. Following brief discussion concerning the size of the stable and corra�, Commissianer Crray moved that the Planning Commission adopt Reso�ution No. 2015-06 granting approval of tlxe applieant's request for a lot line adjustment in Zoning Case No. $7b at 77 Crest Road East. Commissioner Kixkpatrick seconded the motion which carried without abjection. Commissioner Gray then moved that the Planzxing Cornmission adopt Resolution No. 20�5-07 granting approval of the applicant's request xn Zoning Case No. 876 at 77 Crest Road East as amended. Commissioner Kirkpatrick seconded the motion which carrsed with Vice Chairperson Smith opposed. RESOLUTION NO. 2015-08, A RESOLUTION OF THE PLANNING COMMISSION �F THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO ENLARGE PREVIOUSLY APPROVED GARAGE ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSIOI\T, AT 6 SADDLEBACK ROAD IN ZONING CASE NO. 877, {LOT i8-RI�, (REITER). Chairman Che1f introduced the item and asked for staf�s comments. Planning Director Schwartz briefly reviewed the applicant's request and stated that at its last meeting the Planning Commission directed staff ta prepare a Resolution granting approval of the applicant's reyuest to enlarge a previously approved garage by 155 sq. ft. at 6 Saddleback Road. Chairman Chelf ca�led for pubiic comment. Hearing none, he asked for comrn�nts fro�n the Planning Commissian. Minutes Planning Commission Regular Meeting 04-21-15 -2 - Vice Chairperson Smith stated that she is not comfortable with this rec�uest and wiIl have diff�culty supporting the Resolutaon. Commission Gray commented that he does not like it either, but he li�kes the options Iess. Commissioner Kirkpatrick and Chairman Chelf concurred. Following brief discussion regarding the roofline, Commissioner Gray moved that the Planning Cammission adopt ResoIutian No. 2415-OS granting approval of the applicant's request in Zoning Case No. 877 at 6 Saddleback Road. Commissianer Kirkpatrick seconded the motian which carried with Vice Chairperson Smith opposed. RESOLUTION 1v0. 2015-09. A RESOLUTION OF TI� PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A STTE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS, AN ABOVE GRADE DECI� AND TO LEGAL�ZE PREVIOUSLY CONSTRUCTED VARI4US STRUCUTRES; AND A VARIANCE WHERE PORTIONS OF TI� ADDITIONS WOULD ENCROACH INTO SETBACKS .AND A TRELLIS THAT WOULD ENCROACH INTO REAR SETBACK IN Z�NING CASE NO. 872 AT 23 1V�IDDLERIDGE LANE NORTH, {LOT 2-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (HAiVIlVIOND). T'HE PROJECT IS EXEMPT FROM THE C.ALIFORNIA ENVIRONMENTAL QITALITY ACT, (CEQA). Chairman Chelf introduced the item and asked far staffls comments. Planning Director Schwartz briefly reviewed the applicant's request and stated that at its last meeting the Planning Commission directed staff to prepare a Resolution granting approvat of the applicant's request for an addition to an existing residence and to legalize some non-canforming conditions at 23 Middleridge Land North. Chairman Chelf called for pubiic comment. Allen McGregor, Landscape Architect addressed the Planning Comrnission offering ta address any questions�he Planning Commission may have. Follawing brief discussion, Vice Chauperson Smith moved that the Pianning Commission adopt Resolu�ion No. 2015-09 granting appro�al of the applicanYs request in Zoning Case No. 872 at 23 Middleridge Lan�North. Commissianer G�ray seconded the motion which carried without objectian. PUBLIC HEARINGS ON ITEMS C�NTINUED FROM PREVIOUS MEETING ZONING CASE NU. 869. SUBDIVISION NO. 94. VESTING TENTATIVE,_PARCEL MAP NO. 72775. a rec�uest to subdivide an existtinng lot totaling 7.05 acres gross into 2 parcels as fallows: Parcel 1: 3.70 �1'055 SCT�S, 3.0 net acres; Parcel2: 3.34 gross acres, 2.67 net acres. Tl�e praperty is currently vacant and is located on the south side of Crest Road East,between 17 Crest Road E. and 29 Crest Road E. (Lot 32-A-MS), Parcel No.: 7567-OZ1-020 in the RA-S-2 Zone, Residential Agricultural-Suburban 2-Acre rninimum net lot area, to be implemen#ed by Mr. Jim Hynes. It has been determined #hat this project with mitigation measures will not have a significant effect on the environment. Accordingly, a DRAFT MTTIGATED NEGATIVE DECLARATION has been prepared. Chairman Cheif introduced the itern and asked for staffls comments. P�anning Director Schwartz reviewed the applicant's request for subdivision of a 7.05 acre lot at a property knawn as 23 Crest Road East. She stated tbat thz Piaaning Commission held public hearing and visited the site prev.iously and subsequently req�ested that the applicant pravide additional informa�zon regarding hydrology and how the water will be managed after the homes are constructed as well as a response to the comments from the Department of Fish and Wild�ife regarding the mitigation measures for the canyon below. She n.._ commented that the recommendatiar�s received from the Department of Fish and Wildlife wi11 be implemented at the time the grading pe�mit is sought. Planning Director Schwartz further reviewed the request stating that the subdivisivn request meets the City's requirements for subdivision in all areas except the requirement that the entire lot have a width of 150 ft. She stated that these two lots eome to point at a bottom that is narrower than 150 ft. and �the applican� is requesting that this requirement be waived given that this portion of the lots is in a steep canyan area. She further reviewed some of the potential enviror�nental issues and stated that the draft mitigated negative declaration is incIuded in the sta.i� report. She further r�viewed the applicant's Minutes Planning Commission Regular Meeting 04-21-15 _3 - proposal �relative ta water retention and stated that the Engineer deemed the proposal �easible for future development. In response to Commissioner Gray regarding the memo from Elroy Kiepke pertaining to the drainage plan requiring appro�al from the downhill neighbars, Planning Director Schwartz stated that since that memo was prepared, a revised hydrology study was submitted and his comments are no longer applicable and there is a subsequent memo included in the staff report addressing the current pxoposal based on#he revised hys�rology study. Discussion ensued concerning the water retention plan. Chairman Chelf called far public comments. Dan Bolton, Bolton Engineering addressed t�ie Planning Cammission to further explain the water retentian plan. He stated that he feels the plan propased is the best optian for this praject. Charlie Raine, 2 Pinto Raad asked if the propased water retenti�on plan has�been used before in an area above an active laridslide. He expressed concern regarding the plan and suggested that the water be callected and pumped back up to Crest Road East and routed down Klondike Canyon. In response to Mr. Raine's comment about pumping the water up #o �rest Road, Ivir. Bolton stated that they could inves�igate that aption but doing so is contrary to standard practice. Furt.her��s�ussion`e�sued concernin� run off, storm water collection and various options for �vater ret�ntion. Dis�ussion er�asued concerning including a condition to pmtect the properties beiow. Tina Greenberg, 32 Portuguese Bend Road addressed the Planning Cammission to express concern regarding potential landsPides and th�ir effect on the entire community. Vice Chairperson Smith reported that she visited the property with Pl�nning Director Schwartz to view the proposed subdivision. She expressed concern regarding the�ater retention issues and the effect the project may have on the slide area. She expressed iurther concern regarding the rninimum width requirement not being met. Commissioner Gray cammented that he feels tl�at the property owner has a right to subdivide filie lots since the criteria are being met but suggested that since there is a potential pr�blem with water flow it should be noted that any future d�velapment needs to be treated carefully with regard to the water retention issues. Cornmissioner Kirkpatrick concurred and suggested that the issues raised by the downhill neighbors be taken into consideration. Discussion ensued concerning adding language to the Resalutian of Approvai ta address the draina.ge issues and the Platming Commissaon asked staff to have E1ray Kiepke present at the next meeting to address some of the ques�ions raised regarding drainage. Following discussion, Vice Chairperson Smith rxAoved that th� Planning �ommission direct staff to prepare a Resolution recommending approval of the applicant's r�quest for a subdivision in Zoning Case No. 869 and approving a Mitigated Negati�e Declaration at � properiy 1cr�own as 23 Crest Road East with the standard fmdi�a�s of fact and canditions of apgroval plus a. condition to address the drainage issues. Camtnissioner Kirkpatrick seconded the motion which�:arried without objection. T�e Planning Commission took a brief recess. The�neeting was cailed back to order at 8:03 p.m. ZONING CA�E NO. 873 �nd 874. Request for a Zoning Code Amendment No. 2015-01 to amextd the Roilir�g Hills Municipal Code, Section 17.18.070 to allow aviaries exceeding 200 squa.re feet with a Conditional Use Permit Qn lots 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 lo# that is less than 5 acres in size at 20 Outrider Road (Lot 170 -) Rolling Hills, (Rich). The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). Chairman Cheif introduced the item and asked for staff's comments. Flanning Director Schwartz reviewed the applicamt's request which includes a request for a Zaning Code amendinent to allow aviaries exceeding 200 sq. ft. on lots less than 5 acres and a request for a Conditionai Use Permit to construct an aviary. She stated that the Planning Cammission visitec� the site earlier in the day and further reviewed the request. She stated that the development standards for the aviary meet the code and there are no variances or exceedances in coverage being requested. Minutes Planning Commission Regular Meeting 04-21-15 -4 - . Chairman Chelf called for public comment. Greg George, Architect addressed the Planning Commission on behalf af�lie applicant to further explain the request and offered to answer any questions. Jim Aichele, 14 Crest Road West addressed the Planning Commission in support af the project and stated that he feels the 5 acre requirement was an arbitrary number and should be amended. Comrnissioner Gray commented that he does not see an issue with amending the Zoning Ordinance to allow aviaries over 200 sq. ft. on a properties 3.5 acres or larger. Discussion ensued concerning the size of a lot needed to accommoda.te an aviary ov�r 200 sq. ft, and how the City wouid address any noise related issue arising from an aviary through the Nuisance Ordinance. Following further discussion, Commissioner Gray moved that the Planning Commission direct staff to prepare a Resolution recammending approval of Zoning Code Amendment Na. 2015-0� in Zoning Case No. 873 with the standard findings of fact and condit�ons. Vice Chairpersan Smith seconded�the motian which carried without objection. Commissioner Gray moved that the Planning Cammission direct staff to prepare a Resoiution granting approval of the applicax�t's request in Zoning Case No. 874 at 20 Outrider Road with the standard findings of fact and conditions of approval. Commissioner Kirk�atrick seconded the motion which carried without objection. Planning Director Schwartz suggested �hat the Planning Cammission take Item 8B regarding amendments to the View Preservation Ordinance out of order. Hearing no objection, Chauman Che1f so ordered. NEW PUBLIC HEARiNGS ZONING CASE NO. 881. ZONING CODE AMENDMENT NO. 2015-03. CONSIDERATION OF AND DISCUSSION REGARDING ZONING CODE AMENDMENT, CHAPTER 17.2b, RELATING TO VIEW PRESERVATION AND ADMINISTRATIVE REGULATIONS INTERPgETING MEASURE B RELATING TO VIEW PRESERVAT�ON. Chairtnan Chelf introduced the item and asked for public comments. Planning Director Schwartz stated #hat this item is a public hearing and was noticed in the newspaper as well as the CitywidE newsletter and the Planning Commission held two prior public discussions regarding this matter. Planning Director Schwartz reviewed the backg�round on this matter stating that the Planning Commissian was directed to consider this item by the City Council upon recommendatian from a City Council Ad Hoc committee. She s�a.�ed that ihe Ad Hoc committee discussed the View Preservation Ordinance as well as Measure B to determine if there needed to be any modifications or clarifications to aid the Coanmittee on Trees and Views in applying the Ordinance. She stated�hat the Ad Hoc committee came to consensus on most of the items and recommended that the Planning Commission discuss those items for which the Ad Hoc committee was unable to came to a consensus and make a recommendation to the City Council to consider in amending the Ordinance. She further reviewed the items included in the sta�f report which includes the information sfixdied and considered in 2012 when this matt�r was previously discussed by the Planning Commission, comparative ordinances from other cities and a document containing administrative guidelines for interpreting Measure B prepared by the City Attorney. Planning Directar Schwartz further stated that another issue xaised previously is whe�h�r or not the City should have a View Preservation Ordinance and the Planning Commission may wish to further discuss that matter. Discussion ensued concerning what is the best way to proceed in considering this matter. Assistant City Attorney Coates suggested that the Planning Cammission may wish to�ake comments f�rom the public at �_ t.�is time and then determine t11e bes�way ta proceed. Chairinan Chelf called for public comment. Marcia Schoettle, 24 Eastfield D�ive addxessed the Planning Comrriission to suggest that tihe city be indemnified and make it so that the City is not financially involved. She furthe� suggested that Committee on Trees and Views be re-named the View Preserva�ion Committee and that the City create a Tree Preservatian Committee. Minutes Planning Commission Reg�lar Meeting 04-21-15 - 5 - Lynn Gill, 31 Chuckwagon Road addressed the Planning Commission regarding the definition of "mature" and provided several documents which define a mature tree as a tree that has reached at least 75% of its typical final height and spread. He suggested that this definition in conjunction with the mature height range listed in Sunset Western Garden Baok be used to determine if a tree is ma�ure. He also suggested, based on his research of how several other Cities handle view issues, that the City act as an ombudsman to reduce the Ci�y's legal costs. Tina Crreenberg, 32 Portuguese Bend Road addressed the Planning Catnmission suggesting that the City should not be involved financially for a legal perspective and stating that�he riaes n�i ��e� mat�needs to be defined. With regard to owne�rship and inheritance, she stated that she feels that the view s�rould be established when the heirs take possession of the property. Mike Schoettle, 32 Portug�ese Bend Road addressed the Planning Commission to also suggest�hat the view be established when a property changes hands regardless of whether it is being sold ar inherited. Jim Aichele, 14 Crest Road West addressed the Planning Commassion stating that.he agrees with Mr. Schoettle regarding t�e inheritance issue and he feels that the City should not be responsible for legal costs. He further commented that he feels the City should not be invalved in view disputes at all and that all view issues should be handled by the Ro�ling Hills Community Associatian throngh the CC&Rs. Lynn GiII addressed the Planning Commission stating that he feels the City should be involved in view issues and further stating that the City needs a well crafted view ordinance that balances th� property rights of the tree owner as well as the view. Following staffs presentation and public testimony, the members af the Planning continued the pubiic hearing. Z4NING CASE NO. 878. ZONING CODE AME�TD1�1�1T NO. 2015-02. CONSIDERATION OF AN ORDINANCE TQ PROHIBIT SHORT-T'E�"� RENTAL �lF PRIV�iTE RESIDENCES IN THE CITY�F ROLLING HILLS. AND RESOLUTION NO. 2015-10. A RESOLUTION OF THE PLANNING COMMISSION RECOA�IlVIENDING 'FO THE C�TY COUNCII. OF THE CITY OF ROLLING HILLS TO ADOPT AN QRDINANCE AMENDING TITLE 17 {ZONING} OF THE ROLLING HILLS MUNICIPAL COiaE TO PROHIBIT SHORT-T�RM RENTAL OF PRIVA'TE RESIDENCES IN ZOl�]ING CASE NO. 878 AND ZOIVING CODE ANfENDMENT NO. 2015-02. THE PROJECT HAS BEEN DETERMIlVED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CAL�ORN�A ENVIItONMENTAL QUALITY ACT(CEQA). Chairman Chelf introduced the item and asked for staf�s comrnents. Assistant City Attorney Coates stated thaY the purpose af this proposed amendment to the Zoning Ordinance is to clarify that the commercial use, specifically short-term rentals, less than 30 days, are nat allowed in the City of Itolling Hills. She sta.ted this issue was brought forward a# the request of the +City Council due to the proliferation of#his type of activity in other communities similar to Roiling Hills. Discussion ens�ed concerning the definition of"short-term rentals." Chairnlan Chelf called for public comment. Hearing nane,he closed the public hea�ing. Following brief discussion concerning enforcement, Vice Chairperson Smith moved that the Planning Commission direct staff to prepxre a Resolution recommending approval nf Zo�i�-�� �a�e r'+�nendm�t 2015-02 in Zoning Case Na 87$ prohibiting short-term rentals of private re�idences with the standard findings of fact and conditions. Commissioner Gray secc�nded the motion w�tich carried without obj ection. SCHEDULE OF FIELD TRIPS The Planning Cammission scheduled a field trip to the following prope�ty to be conducted on Tuesday, May 19, 20I5 beginning at 7:30 a.m. b3 Crest Road East. Planning Director Schwartz stated that there may be another field trip on#liat day as well. Minutes Planning Commission Regular Meeting 04-21-15 - 6 - NEW BUSUINESS None. ITEMS FROM THE PLANNING COMMISSION None. ITEMS FROM �TAFF None. ADJQURNMEIVT Hearing no further business before the Commission, Chairman Chelf adjourned the meeting at 9:09 p.m. to an adjaurned regular meeting of the Planning Commission scheduled for Tuesda,y, May 19, 2415 beginning at 7:30 a.m. for the putpose of conductaz�g a field trip to 63 Crest Road East. The next regular meeting of the Planning Commission is scheduled to be held on Tuesday, May 19, 2015 at 6:30 p.m. in the City Cauncil Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Ralling Hills, California. Respectfully submitted, '���:� Heidi Luce City Clerk Approve B e Chairman Minutes Planning Com�nission Regular Meeting 04-21-15 _'] _