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05-19-15 NIINUTES QF A REGULAR MEETING QF 'I�PLANNING COMMISSION OF THE CITY OF ROLLING HTLLS MAY 19, 2015 CALL MEETING TO ORDER A regular meeting of the Planning Commission of the City of Rolling Hills was called to order by Cha.irman Chelf at 6:36 p.m. on Tuesday, May 19, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling�iitls, Califomia. ROLL CALL Commissioners Present: Gray,Kirkpatrick, Smith and Chairman Chelf. Commissioners Absent: None. Others Present: Yolanta Schwartz,Planning Di;rector. Rayrnond R. Cruz, City Mana.ger. Shahiedah Coates,Assistant City Attomey. Heidi Luce, City Clerk. Greg George,Architect. Ekoy Kiepke, Willdan Engineering. Dan Bolton,Balton Engineering. Bruce Hollister,Hollister Design. Steve Nuccion, 18 Portugues�Bend Road. Tina Greeriberg, 32 Portuguese Bend Road. Marcia Scho�ttle, 24 Eastfield Drive. Jim Aichele, 14 Crest Road West. '- Russ Barto, Architect. APPROVAL OF THE AGENDA Approved as presented. PUBLIC CONIlV�NTS �N MINUTES AND ANY ITEM NOT ON THE AGENDA None. APPROVAL OF MINUTES Apri121, 2d15 Adjourned Regular Meeting of the Planning Commission Vice Chaizperson Smith moved that the Planning Commission approve the minutes of the adjourned regular meeting of tl�e P�anning Commission held on Apri12�, 2015 �s presented. Gommissioner Gray seconded the mation, which can-ied withaut objection. April 21, 2015 Regular Meeting of the Planning Commission Vice Chairperson Smith asked for clarification on ane item and noted one correction #o the minutes on the top of circle page three to add the following statement to more accurately reflect her comrnents: and her�common serase as a horse owner of rraore than Sl3 years indicates to her that the corrad/turnout is too small for the size of the stable. Vice Chairpersnn Srnith maved that the Planning Commissian approve the minutes of the regular meeting of the Pianning Commission held on April 21, 2015 as amended. Comrnissioner Gray seconded the motian,vvhich carried without objection. Minutes Planning Commission Regul�-Meeting OS-�9-15 _ � _ REORGANIZATION REORGAIVIZATION OF THE PLANNING COMMISSTON Vice Chairperson Smith moved that the Planning Commissian appoint Chairman Chelf to continue to sexve as Chair. Cominissioner Kirkpaatrick seconded the motian,which carried without objection. Vice Chairperson Smith moved that the Planning Commission appoint Commissioner Gray to serve as Vice Chair. Chairman Chelf seconded the motion,which carried withaut objection. REORGANIZATI�N OF THE COMMITTEE ON TREES AND VIEWS Commissianer Smith moved that the Committee on Trees and Views remain the same, with Commissioners Chelf, Gray and Smith serving on the Cammittee. Chairman Chelf seconded the motion, which carried without obj ection. RESOLUTIONS RESOi,UTION NO. 2Q15-12. RES�LUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS ItECOMMENDING THAT THE CITY COUNCIL AD�OPT AN ORDINANCE AMENDING ROLLING HILLS MCPVTCIPAL CODE SECTION 1?.18A70 TO ALLOW AVIARIES GREATER THAN 2Q0 SQUARE FEET OIV ��QTS HAVING A MINIMUM OF 3.5 ACRES IN SIZE, IN ZONING CASE NO. 873 (ZQNING CODE AMENDMENT NO. 2015-Q1). Chairman Chelf introduced the item and asked for stafPs comments. Planning Director Schwartz re�viewed the applicant's request stating that this is a tvva-fald request, first for a Zoning Code Amendment to allow aviaries greater than 200 sq. ft. on lats a minimum of 3.5 acres in size and a second for a Conditional Use Permit to construct a 338 sq. ft. aviary. She stated that at its last meeting #he Planning Commission asked staff to prepare a R�solutian grant�ing approval of both requests. She sta�ed that if recommended by the Planning Commission, the Zoning Code Amendmen#will be scheduled for a Public Hearing before the City Cauncil. She cammented that there is one condition added to the Resolution granting approval of the Conditianal Use Permit to const�uct the aviary�hat the sports court marking that currerit�y exist on the pazking area be removed because the area was not appraved for a sports court. Chairman Chelf called for public comment. Crreg George, axchitect addressed the Planning Commission stating that the applicant is nat opposed to the condition to remove the sports court markings. Following brief discussion, Vice Chairman Gray moved that the Planning Commission adopt Resolution No. 2015-12 recommending tha# the City Council adopt an Ordinance amending Municipal Code Section 17.18.070. Commiissioner Smith seconded the motian which carried wittiout objection. RESOLUTION NU. 2Q15-13. A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ROLLING HILLS GRANTING A COIVDTTIONAL USE PERMIT TO CONSTRUCT AN AVIARY AT 24 OUTRIl3ER ROAD,ROLLING HILLS, CA(LOT 78-EF) IN ZONING CASE NO. 874, IN CON�UNC'�ION WITH APPROVAL OF A ZONING TEXT AMENDMENT NO. 20I5-Q1 TO ALLOW AVIAR�S ON LOTS THAT ARE LESS THAN 5 ACRES IN SIZE, (RICH). Commissioner Smith moved that the Planning Co�nmissian adopt Resolution No. 2U15-13 granting approval of the applicant's request in Zor�ing Cas� No. 874 at 20 Outrider Road. Vice Chairman Gray seconded the motion which carried without objection. Minutes Planning Commission Regular Meeting OS-19-15 -2 - RESOLUTiON Np. 201.5-11. A RESOLUTION OF 'I'I� PLANNING CONIlvIISSION OF TI� CITY OF ROLLING HILLS RECOMMENDING APPROVAT�, TO THE CITY COUNCIL OF A VESTING TENTATIVE PARCEL MAP NO. 72775, SUBDIVISION NO. 94, A REQUEST TO SUBDIVIDE A 7A5 ACRE LOT INTO TWO SINGLE FAMILY RESIDENT�AL L+OTS, AND RECQA�IlVIENDING APPROVAL OF THE MITIGATED NEGATTVE DECLARATION, 1N ZONING CASE NO. 869, LOT 132-A-MS AT CREST ROAD EAST, {HYNES}. Chairman CheIf introduced the item and asked for staff's cornrnents. Planning Director Schw�rtz reviewed the applicant's request to subdivide a lot at 23 Crest Raad East into two lots and sfated that before the Planning Commission is a Resolution recommending approval of�he subdivision. She sta#ed that the PIanning Commission held sevexal public �iearings and visited to site during its rev�,ew of application; and staff prepared all of the enviranmental documents required and submitted them to the reviewing agencies. As a resuit of the environmental review, a Mitigated Negative Declaration was prepared and the applicant will be required to implement the mitigation measures outlined in the MND. She further stated that during the public hearings, issues were raised by neighbors regaxding the drainage and hydrology on this pmject, and potential impact on the praperties below. She stated that at its last meeting, the Planning Commission asked staff to prepare a Resolution recommending appro�al of the subdivision hut asked tt�at the drainage issue be further reviewed. She stated that the applicant has submitted a revised design for drainage and the City Engineer, Elray Kiepke having reviewed the drainage plan, is present to answer any questions the Commission may have. She sta#ed that the applicant is proposing a ciste�n system to be �ocated underground under the driveway which wauld provide several mechanisms by which the water would be disbursed. She further stated that it is recommended that a cavena�t be recorded to document the conditions and restrictians with regard to the drainage. Elroy Kiepke, Willdan Engineering addressed the Planning Cammission to further�eview the proposed drainage plan. He stated that the system is designed as a retentian system for #12e increased water that would be generated by a 25-year storm where the captured water would be used for irrigation or other purposes and would only released downstream dzxring a heavy storm. He stated that he wauld not T recommend. based on his �aining, that the runoff be diverted to another canyon because that cauld have potential impacts an that canyon and he feels that the ciurent proposal by the applicant to retain a targer volume of water #han they would othexwise be required to retain is a reasonable approach to dealing witl�the amount of water. Brief discussion ensued concerning the drainage. Cha�rman Chelf called for p�xblic comment. Dan Bolton, Boltan Engineering adclressed the Planning Commission offering to answer any questions the P1azuling Cnmmission may ha�e. Commissioner Gray stated that he feels the revised proposal better addresses the drainage issues and kte feels the covenant is a good idea. Commissioner Kirkpatrick concurred. Vice Chairpersan Smith stated that she appreciates the efforts made hut she sti11 feels that it should be looked at very closely when the project moves fh3rough the development process. Following bri�f discussion, Vice Chairman Ciray moved that the Planning Commission adopt Resolution No. 2015-11 recommending approval of the applicant's request for a subdivision and appraving a Mitigated Negative Declaration in Zoning Case Na. 869 at a property known as 23 Crest Road East. Commzssianer Kirkpatrick seco�ded the mation which carried without objectzon. PUBLIC HEARiNGS ON ITEMS CONTIN�UED FROM PREVIQUS MEETIlVG ZONING CASE NO. 882. Request £or a Site Plan Review for 2,000 cubic yards of grading (total cut and Fll), to construct a 1,540 square foot swimming pool, new decking of wl�ich 350 square feet wauld be above grade and up to 4' high reta,ining walls and a Variance to eneroach with a portion of tl�e swimming paol, deck and retaining wa11s into the side yard setback in zoning case No. $82 at 63 Crest Road East (Lot 70-B-2-MS), Rolling Hilis, CA, {Ritter). Project has been determined to be exempt from the California Environmental Qua,lity Act (CEQA), pursuant to Section 153Q3 of the CEQA Guidelines. Minutes Planning Cornmission Regular Meeting OS-19-15 _3 _ Chairman Chelf recused himself from consideration of this case due to the praximity of his property to the subject property. Vice Chairperson Srnith introduced the item and asked for stafPs comments. Planning Directar Schwartz reviewed the applicant's request stating that the Planning Cammission visited the site earlier in the day. She stated that the applicant is proposing to reconstruct and add on to an existing poal where 182 sq. ft. would encroach into the side-yard setback. She stated that the pool i� proposed at 1,5�40 sq. ft. witl� an infinity edge and reviewed the drawing that was submitted today showing the proposed po�l superimposed over the existing poal to provide a better comparison. She further stat�d that the applicant is also proposing an addition to the deck, which would be above-grade and 3-4 ft. walls along the deck. She stated that this property is 5.8 acres in size and al� of the developmezrt standards are being met with no structural or total lot c�verage issues. She fi,�rther stated that the project requires grading in the amount of 2,Q00 cu. yds. of cut and fill to be balanced orasite�nd disturbance is within the maximum amount allowed. Vice Chairperson S�nith called for public cQmment. ' Bruce Hollister, Hallister Design addressed the Planning Commission in response to Commissioner Kirkpatrick to explain the two retaining wa11s in the c�eck area and tl�e proposed landscaping. Planning Director Schwartz reminded Mr. Hollister t1�at the applicant will be required to obtain approval from the Rolling Hi�1s Cornrnunity Assaciation far anything proposed in the easement including plantings. Brad Chelf, S9 Crest Ra�d East addressed the Planning Cammission in support of the prc.►ject. Following brief discussion, Commissioner Gray moved that the Plannin�; Com�mission direct staff to prepare a Resolution granting approval of the applicant's request in Zoning Case No. $82 at 63 Crest Road East with the standa�rd findings af fact and conditions of approval plus a con�itio�that the pool be screened from view and tl�at�he screening be planted in an offse#manner so as not to create a hedge like appearance. Carnrnissioner Kirkpatrick seconded t��e motion which carried witho�t objection. Chairman Chelf returned to the dais. Z�NYNG CASE NO. 880. Request far a Variance to encraac� with 61 square feet of mr�stly completed 340 square foot addition and wiCh not to exceed �' high by $' long retainin�wail into the side yard setback in Zoning Case No. 880, at 15 Porluguese B�d Road(Lat 78-RH},Rall�:g Hi11s, CA, {Hassoldt�. Project has been determined t� be ex�mpt from the California Environmental Qua�i#y Act(CEQA),pursuant to Section i 5303 of the CE��S,Guidelines. Chairman Chelf introduced the item and stated that during the site visit earlier � the day some conditions were observed that made the existing appli��tion incomplete. Planning Director Schwartz commented that the appl�cant called earlier in #11e day indicating that they may not be ready to address the issues ra�sed at tonight's meeting and recognizing #hat they are not present, the Planning Commission may wish to continue its deliberation in this matter. Recognizing that this is a noticed public I�earing and there are rnembers of the public who may wish to address this rnatter, Chairman Chelf called for public cornrnent. Steve Nuccion, 18 Portuguese Bend Road addressed t��e Planning Commission #o express his concern and objection to the applicant's request. He stated that he does not feel there is justification to grant a Variance to construct 300 sq. ft. into the setback closer to his property. He further expressed concem that the Ci�y's processes were not followed in this project and the appiicant has done work without approval. Fo�lowing public comments, the memb�rs of the 1'lanning Gornmis5ion continue�i the pablia hearing. There was no deliberation on this matter. ZONING CASE NO. 881 ZO1�NG CODE AMENDME�TT N4. 2015-03. CONSIDERATION OF AND DISCUSSION REGA'RDING ZONING CODE AMENDMENT, CHAPTER 17.26, RELATING TO VIEW PRESERVATIQN AND ADMINISTRATNE REGULATIQN� INTERPRETING MEASURE B RELATIlVG TO VIEW PRESERVATION. Chairman Chelf irtroduced the item and asked for staf�s camments. Planning Dire�tor Schwartz reviewed the background an this matter stating that this matter is b�fore the Planning Commission at the Minutes Planning Commission Regular Meeting OS-19-15 _4 LL direction of the City Council and the recommenda.tions from a City Council ad hoc cammittee are included in the sta.ff report. She further stated that since the last meeting, additionax information was submitted by Lynn Gill and fihat information is also included in the staff report including dra.ft ordinance language which incorporated language from the City's existing ordinance as well as the Rolling Hills Esta.tes ardinance. She stated that additional correspondence was received from several residents expressing the opinion that views, as well as tree have value and urging the Planining Commission to have a faix and balanced view preservation ordinance. Planning Director Schwartz fi2rther reviewed the recommendations from the City Council ad hoc committee stating that there were two issues regarding amendments �o the City's current ordinance that �he ad hoc comrnittee could not come to a consensus on: I.) cost of subsequent ma.intenance and 2.) indemnification. She further stated with regard to cla�fying and interpreting the provis�ons in Measure B, that the ad hoc committee could not came to a consensus on: 1.) the definition of mature vs. maturing; and 2.) a definition of when a property is "acquired". She stated that the Planning Commission is asked to review the draft Ordinance which incarporates the changes suggested by the ad hoc committee and then discuss the items for which the ad hoc committee could not come to a consensns. Chauman Chelf expressed his appreciatian :for the time and effort Lynn Gill put into this matter. He further reviewed some of the language from the existing Ordiz�ance and General Plan which includes: "The City of Rolling Hills enjoys both laeautiful views and an abundance of trees and other vegetation and values both as contributing to the unique character of the City enhancing the quality of lzfe." He used this point to iltustirate that the Plannzng Commissiom's objective shou�d be to find a reasonable baiance to this issue. Chairman Chelf called for public comment and asked tha� the comments be related to the four main issues of indernnif c�aon, maintenance costs, acquisition of the property and mature vs. matuxing. Tina Greenberg, 32 Portuguese Bend Road addressed the Planning Commission stating that she feels#he issue of matu�re vs. mahu-ing is be�ng over analyzed and the intent of Measure B was ta protect existing large trees that were there when a property was purcha,sed. She stated that the inten� is to provide people with the view they purchased and not create views for people wha did not have views. Steve Nuccion, 1$ Portuguese Bend Raad addressed the Planning Commission stating that they purchased a, property with a view and the ordinance is being used agafnst them because of the interpretation af the word maturing. He sta.ted that there are mu�tiple definitions for maturing which could include age and he feels that using the Sunset Western Garden Book defmition,which uses height, is not accurate. Marcia Schoettle, 24 Eastfield DrivE addressed the Planning Commission stating that sh� feels the City should not be involved financially and should be�ndemnified. �im Aichele, 14 Crest Road Wes# addressed the Planning Commission stating that he does not feel tl�at age has anything to do with a �ree's maturity. He fixrther commented that he too feels that the City should not bs involved fmancially. Tina Gre�nberg, 32 Portuguese Bend ltoad stated that she feels the view someone bought is the view t�ey are er�#itled to. Discussion ensued as t� hc�w best to proceed. Assistant City Attorney Coates clarified that the staff report contains a redIined version of the Ord�nance which reflects all of the changes recommended by the ad hoc cornmittee and the Planning Commission will need to make a determination whether or not to accept thase redline changes. She further clarified that in addition to doir�g so, #he Planming Cornmission will need ta come to a decision on t�e four unresolved items. Assistant City Attorr�ey Coates provided further explanatian with regard to the four unresolved items. Based on a suggestion from staff, the Planning Com�nission concurred to first discuss the praposed Ordznance amendments. Recognizing that there was one more zoning case on the agenda £ar consideration, the Planning Commission tat�led this discuss�on until after last the zoning case. (See continuation below) Minutes PIanning Commission Re�gular Meeting OS-19-15 _ 5 _ NEW PUBLIC HEARINGS ZONING CASE NO. 879, Request fnr a Si#e Plan Review and a Conditional Use Permit ta construct a 2,740 square foot stable with a 1,7�0 square foot Ioft, for a total of 4,48Q square foot stable structure, 4,500 square foot corral and 9,250 square foot riding ring and request for a Variance to exceed the maximum amount of allowed disturbed area an the lot by 1.0.5%, a� 1 Pine Tree Lane {Lat 102-RI� Rolling Hills, CA, (Delgado). The project has b�en determined to be categorically exempt from the Cali£arnia Erivironmental Quality Act, (CEQA) pursuant to Section 15303 of the CEQA Guidelines. Chairman Chelf intr�du�ed the item and �sked far st�ffls comments. Planning Director Schwartz reviewed the applicant°s request for a Site Plan Review, Conditional Use Pernait and Variance ta construct at 4,480 sq. ft. two-story stable with a 4,500 sq. ft. corral and 9,250 sq. ft. riding ring. She reviewed the current structures on the lot stating that the house is currently under construction and staff recently issued an over the counter appraval for a new pool to replace the existing pool. She further stated that the Variance is requested for the grading of corral area. She stated that grading is proposed at 150 cu. yds. of cut and 150 eu. yds. of fill to be balanced onsite, no retaining vvalls are propased and the disturbance is proposed to increase fram 41.8% to 50% which requires a Variance. She commented that if the grading can be adjusted, a variance may not be required and she is working with the applicant ta provide a revised grading plan. Chairman Chelf called for public comment. Russ Barto, Architect addressed the Planning Comrnission ofFex�ing to answer any questions the Planning Commission may have. Following staf�s presentation and public comment, the membsrs of the Planning Commission determined that a site visit should �e scheduled ta proE.��de the members of the Planning Commission with further understanc�ing of tl�e applicant's request. The gublic hearing was continued. SCHEDULE OF FIELD TRIPS The Planning Commission scheduled field trips to the following properties to be conducted on Tuesday, ]une 1 b, 201 S beginning at'1:3 Q a.m. 6 Maverick Lane 1 Pine Tre�Lane PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETIN� GONTINCJED ZONING CASE �T�. 881 ZONiNG CODE AMENDIV�NT N�. ��15-�3. CONSIDERATION OF AND DISCUSSION REGA�.2DING ZONING COI7E Ah�END�E1�rT, CHAPTER 17.26, RELATING TO VIEW PRESERVATION ��ND �UI!/Iir�ISTRA3`IVE REGULATI�NS INTERPRETING MEASURE B RELATING�`O V�E`hT FRESERVATION. The Planning Commission reviewed and discussed the redlu�e version of the Ordinance as recommended by the ad hoc committee. Following discussion, the Planning Commission concurred with the following recaYnmended cl�anges: 17.12.220 where the word "view" is de�ined — after p��neipal residence add, but not fncluding from bathrooms, hadlways, garages or cdosets. 17.12.220 add a definition for View coxridor—means a view from a designated viewing carea hroken into segments by vegetatian. 17.26.010 correct the ty�aos, delete the word panora�ic and add the words of vieVvs aftex the word protection in the last sentence. 17.26A40 �tdd reference to 1'1.12.220 for clarificatian; add reference t� the Med.iation Application in paxagraph A for consistency with the current process; add language in para�raph C t� state that At the conclusion af inediation, th� rr�edfator shall advise thc City Manager as t� whethe�the complainant has heen resolved and to clarify that the results of the xr�ediation should be documented in an execu�ed MinutEs Planning Coinmission Regular Meeting OS-19-15 '� ' contract; and in par�graph D, add language to clarify that an application for a public hearing is required for consistency the current process and add langua.ge that sets a 30 day time limit for the applicant to request a public hearing after the City Manager i�notified that the media�ion was unsuccessful. 17.26.050 add language in paragraph C pertaining to the hearing procediue and findings to give the Cornmittee the authority to request addit�onal or more accurate informatzon from the applicant if necessary and adding a provision to allow the applicant withdrawal the compliant if the matter was voluntarily resol�ed and for the City to terminate the praceedings upon delay caused by the applicant unless good cause exists far the delay; add language at the end of paragraph E to clarify that specific .�_ findings need to be made; add paragxaph F to clarify the requirernent �or environmental review and assigning cost for such review to the applicant and with rega�rd ta paragraph G, Finaiity of Decision add language to clarify the appeal provision and change date the decisian becomes effected from 20 days to 30 days after adop�ion of the resolution. 17.26.06Q add a clarifying statement in paragraph A that the complainant pays the cost of the initial restorative action; in parag:raph B change the requirement for the work to be completed in no mare than 90 days (was 30) and add additional language ta ailow it to be longer if recommended by the con�ractar and approved by the City Manager due to weather or some other conditions; and in paragraph C regardi�g subsec}uent mazntenance add option 1 proposed by the ad hac comxnittee where the Committee on Trees and Views has the abiiity to provide an alternative cost allo�ation if findings can be made to justify the alternative. The Planning Commission tabled the discussion on the item in 17.26A40 paxagraph B regarding eligibility followang discussion regarding adding a distance limita.tion for which the Plat�ing Commission did not come to conci.Errence. Fallowing staf�s presentation, public testimony and discussion, the members of the Planning Commission continu�d the public hearing. ITEMS FROM THE PLANNING COMMISSTON None. ITEMS FROM STAFF Assistatit City Attorney Coa�tes provided clarification with r�gard to a matter before the Committee on Trees and Views stating that up�n review of the Ordinarice, the cost for tl�e additional information requeste�b}T the City should be borne by the complainant and staff is proceeding to obtain the necessary agreements to implement the Cnmmittee's direction in accordance with the View Ordinance. ADJOURNMENT Hearing no further blisines§before the Commission, Chairman Chelf adjourned the meeting at 9:34 p.rn. to an adjaurned regula�r meeting of the Planning Commission scheduled far Tuesday, June 16, 2015 beginning at 7:30 a.m. for the pt�rpose of conducting field trips to 1 Pine Tree Lane and 6 Maverick Lane. The next regular meeting of the Planning Commission is scheduled to be held on Tue�day, June 16, 2p15 at 6:30 p.m. it� the Cit}r Council Chamber, Ralling Hills City Hall, 2 Portuguese Bend Road, Rolling Hilis, Ca�ifornia. Respectfixlly submitted, ;� � � �,�� �.��� xeidiV Luce, City Clerk Approv �. � B d elf Ghairman Minutes Planning Commission Regular Meeting OS-19-15 _� _