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07-07-15 MINUTES OF AN ADJOURNED REGULAR MEETING � OF THE PLANNING COMMISSION OF T� , CITY OF ROLLING HIL,LS JULY 7, 201 S CALL MEETING TO ORDER An adjourned regular meeting of the Planning Commission of the City of Rolling Hills was called to order by Chairman +Chelf at 6;�4 p.m. on Tuesday, July 7, 2015 in the City Council Chamber, at City Hall, 2 PQrtuguese Bend Road,Rolling Hills, California. ROLL CALL Commissioners Present: Cardenas, Gray, Smith and Chairman Chelf. Commissioners Absent: Kirkpattick. (Excused) . Others Present: Yolanta Schwartz,Planning Director. Raymond R. Cruz, City Manager. Shahiedah Coates,Assistant City Attorney. Heidi Luce, City Clerk. Gary Wynn, Wynn Engineering. .Wi�liam and Judith Hassoidt, 10 Pine Tree Lane (15 Portuguese Bend Rd.) Howard Weinberg, Weir�berg Law Group. APPRQVAL �F THE AGENDA Approved as presented. PUBLIC COMIVIEl'�TTS ON MINUTES AND ANY ITEM NOT ON THE AGENDA None. APPROVAL OF 1VlINUTES June 16,2015 Adjourned Re�ular Meeting af the Planning Cornmission Vice Chairman Gray moved that the Planning Comrnission approve the minutes of the adjourned regular meeting of the Planning Commission held an June 16, 2015 as presented. Commissior�er Cardenas seconded the motion,which.carried without objection. June 16, 20�.5 Regular Meeting of the Planning Co�mission Commf ssioner �mith and Vice Chai�man Gray noted a few typographic�l ��rrors to be carx°ected: p. 3 -- middle of fifth paragra�h, change with to which; last paragraph change spoke to spoken; p. 4 — third paragraph, acld.t�1e word it in tl�e first sent�nce between but and is; fifth�aragraph, change June to July in the tast sentF:nce; and p. 6 change or to of and add an s to portian. Commissioner Smith moved that the Planning Cammissian approve the minutes of the regular meeting of the Planning Commission held on June 16, 20�5 as corrected..Vice Chaizman Gray seconded the motian, which carried without objection. RESOLUTION� RESO,LUTION NO. 20�5-14. A RESOLUTIQN OF THE PLANNT�TG COMMISSION�F TI� CITY OF ROLLING HILLS GR.ANTiNG APPROVAL OF A SITE PLAN REVIEW FOR GRADING, SWIlVIlI�IING POOL WITH A SPA, ABOVE GRADE DECK, AND A RETAINING V�ALL; AND VARIANCES `FO ENCROACH WITH A PORTION OF THE POOL, ON GRADE DEC�AND RETAINING WALLS INTO THE SIDE YARL� SETBACK, IN ZQI�TING CASE N�. 882 AT 63 CREST R�AD EAST, (LOT 70B-2-MS), (RITTER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORIC��,LY EXEMPT 'PURSUANT TO TH�'�AL�F'ORNTA ENVIRQI�TNIENTAL QUALITY ACT{CEQA). Minutes� Planning Comrr.ission Adjourned Regular Meeting 07-07-15 ' - 1 - x ,;_� ..... ... .., .. . -. . .._.._ . . .. -. ... ...__ .__'_. ......— . � .. _, , i.��.. e�� ' .,. . :}. Chairman Chelf recused himseYf frorn consideration of this case due to the pioximi�y of hi� pmperty to the subject property and 1e�� fhe dais. Vice Chairman Gray introduced the item ��id a��ed fox s�affls comments. Pianning Director`�chwartz reviewed the applicant's request for a swim�i��� pool, above grade deck and retaining -�a11 a'� 63 Crest Road East. She also stated that Commi��1ox��x C�rd�nas has familiarized himself with the record on this matter and visited the site. ' Vice Chairman Gray c�lled for public comment. Hearing none,he closed the pu�lic hearing. Following br�ef discussion, �Commissioner Smith moved that the Planning Commission adopt Resolution No. 2415-14 ��na�ng approval of the applicant's request in Zbning Case No. 882 at 63 Crest Road East. Cornmissioner Cardenas seconded the mation which carried without ob3ection. Chairman Chelf returned to the dais. PUBLIC HEARINGS ON I`i�MS CONTINUED FROM PREVIOUS MEETING ZONLNG CASE Na. 880. Rec�uest for a Variance to er:���ach ��ith 61 squwre feet of mastly completed additions and with two, not ta exceed 3' hi�h �;cairiing; walis ir�to ��he side yard setback in Zoning Case No. 880, at 15 �'ar�gues� ���i Road (Y�ot 78-R��, Rc�ling Hills, CA, (Hassoldt). Project has been determined to be ex�,�ipt fram th��Califarnia Envirar.�iental Q�ality Act(CEQA}. Cammissioner Cardenas recl�.sed himself from consideratian of this case due to the pr�rximity r�€his property to fihe subject properwy and left the dais. Chairman Chelf introduced the �tezt� and as�Ced for staffs comments. Plannir.���rectar Schwartz reviewe��e applicant's request for� 300 sq. �. �ddition to the residence of which 61 sc�. ft. encroaches int� the side yard setback. She stat�� that�•�is matter was continued fro�n th� Comr�.issi�n's May meeting in order tl�at the applicant cai�l�3 �ddr�55 the questions that arose during the site vi�it regarding a secox�d addition that was not indicated�on the plans and regarding access around the �ddition that encroaches into #]hie side yard setback. She stated that the applicant submitted revised plans showing the add�tian of 371 sq. ft. in the area of the sunroom. She noted that the square footage for this addition was inc�uded on the original application and a new foundatios� was poured but not permitted and ii v�lill be required that building permits be obtained for that work. She further stated, rp�drding the access around the addition that encroaches inta the side yard setback, that the applicant i���s provided 2 ft. step down access around that area and that the applicant stated that they ha�e consu��ed the Fire Dept. and they said it is adequate. Planrv.ing Director Schwartz further reviewed the appli�ant's� request stating that the Str.xctural Coverage is propased at 1 S.7%, Tatal Lot Coverage is proposed at 2,$.1% and the disturbed area is 50% with no ad�ifia�al �r:nding which is a legal non-conforming conditi�n. She briefly reviewed the history of�� applicant's re��est stating that this was brough# to stafF's attention during cons�,:ctiGn of th� s�de additian after. ata c�vEr t.he counter appro�al was granted and it was determined that the ori��ial plans that were pro�vided to staff for that appmval were based on an ald survey that did not correctly identiiFy xhe property li�les. Commissioner Smith asked if it has been confirmed with the Fir�Dept. if the access aroun� the axea that encroaches into the setback is o�cay, Gary Wynn, Wynn Engir4eering addressed the Planning Commission an behalf c�f the ��plicant to further review the history of the applicant's request stating that the ariginal plar�� �verc: �:�repared based on an old survey and his ,�'irm was contracted after the stop work order was issued, io cietermine the property lines and it was dete;rmined that the addition encroached 7.5 ft. into �the side yard setback. He stated that the walls as curre�tly proposed allow 2 ft. access around the addition and?�is cornpletely outside the Rolling Hills Community Associatic�n easement. � • William Hassoldt, 10 Pine Tree Lane/15 Portuguese Bend Road addressed the Planning,�omnnission in response ta Commissianer S�ith's question. He stated that the Fire Department visited-hi��;property and they have no problem with t.�ie access as currently proposed: .,- Y Howard Weinberg, Weinberg Law Group addressed the Planning Commission to expres�s objection ta the project on behalf of the Nuccions (18 Portug�xese Bend Road). He stated that they dv not feel this _ project meets #he criteria necessazy for granting a. Variance and reviewed the criteria they feel are not being met. He further stated that�hey do not beiieve the project qualifies under a C1.EQA exemption and they believe the project shauld be subject ta a Mitigat�d Negative Declaratfon to determine if the significant environmental impacts can be mitigated to a ievel that is less than significant. Minutes ` Planning Commission Adjaurned Regular Meeting 07-07-15 -2 - Sean Cardenas, i3 Parhxguese Bend Road addressed the Planning Commission to express objection to the project. He expressed concern regarding the sunroom and that the process was not followed. He further stated that he does not believe the project me�s the requirements to grant a Variance. Mr. Wynn addressed the Planning Commission to address tl�e concerns raised and stated that he does nat believe an en�ironniental ir�pact study is necessary. In response to Vice�hairixAan Gray regarding the previous rubble wall that was demolished atid replaced by the propos�d walls, Mr. Hassoldt pointed to the location on the plans. He further commented that the area that the addition was located was the only possible place far an add.ition. , Judith Hassoldt, 10 Pine Tree Lane/15 Portuguese Bend Road addressed the Planning Carnrnissio�n stating that#his is an 80-year old house and they view this a rescue. V�ce Ghairman Gray commented that he is concerned about issuing Variances and he feels the structures on this property are impinging on the neighbars. Commissioner Smith carnmented that she agrees with the concern about issuing Variances, but she feels that in this case because it is such a small encmach she is not inclined to deny it. She further cominented that she does nut believe CEQA is an issue in this case. Chairman Chelf commented that he is bothered by �he way this case came about, but this is a cnallenging lot in that it is narrow with a large roadway easement in the front and steep slope in the rear and he feels that gi�en the unique circumstance ofthe lot,he is nat opposed#o the project. Vice Chairman Gray expressed concern regarding the lirnited access araund the addition where it encroaches into the side yard setback and sta.ted the he does not feel the Planning Commission would have approved it with the walls as proposed even if it ca�e befoxe the Commission before it was built. Commissioner Smith maved that the Planning Commission direct sta,ff to prepare a Resolution gxanting approval of the applicant's request in Zoning Case No. 8$a at 15 Port�guese�Bend Raad with the s�andard fmdings of fact and conditions of approval subject to Fire Department approval of the access around the addition where it encroaches into the side yard setback. Chauman Chelf seconded the motion which carried with Vice Chairman Gray opposed. Commissioner Cardenas ret�rned to the dais. ZONING CASE NO. 879. Request far a Site PIan Review and a Conditional Use Permit to construct a 2,740 square foot stable with a 1,740 squaxe �oot loft, for a to#al of 4,480 square foot stab�e structure, 4,500 square font corral, 2,$25 square foot turn-out, and 9,250 square foo�riding ring o� the lot at 1 Pine Tree Lane (Lot 102-RH) Rolling Hills, CA, (Delgada). The project has been determined to be categorically exempt pursuant to the California Environmental Qua.Iity Act(CEQA). Chairman Chelf introduced the itern and asked for staff s Comments. Planning Director 5chwartz reviewed the applicant's revised request for a Site P1an Review and Conditional Use Permit to construc# a 2,976 sq. ft. single story in the rear of the property at 1 Pine Tree Lane. She sta.ted that at its last meeting, after a site visit, the Planning Commission asked the applicant to scale down the proj�ct and the revised project proposed here is a single story stable. She stated that the stable includes an 864 sq. ft. agricultural storage arealfeed room and 57( sq. ft. tack room as well as corral, turn out area and rid�ing ring. 5he further commented that the request for Variance to exce�d the disturbed area has been eliminated because the slopes around the proposed graded areas are 3:1 which allow up to 6Q% disturbance and does not require a Variance. She further commented that the stable structure has been removed from the setback and the height is now proposed at 14.5 ft. She�stated that the proposed stable meets the Zoning Code xequirements �or a sta.ble and wnll be accessed from�e existing driveway around the house and via a gravel road. She further s�ated that the structural Iot coverage is proposed at 12.3% and the total tot caverage is prapased at 22.6%. She stated that the applicant has staked the revised proposal shoul�i the Planning Commission wish to visit the site. With the P�ann.ing Commission's concuzrence, at 7:42 p.m. Chairman Chelf adjourned the meeting to a field trip to 1 Pine Tree Lane. Minutes Planning Commission Adjourned Regular Meeting 07-07-15 - 3 - Chairman Chelf called the mee�ing back to order in the field at 7:50 p.m. Planning Director Schwartz reviewed the plans for the ;�t�posed structure, riding ring, corral and turn out and sta.ted that the applicant staked it all per t�za p�'�posed plans. She further stated that the applicant removed the stable frorn the rear setback and eliminated the laft area. 'The members of the :�'lanning Commission complernented the applican�on the revisions. Following brief di�cussion, C�tmmissioner Smit�+ mo�ed tk�at the �a�f:�iiz�g Com�iiiss�s3�-iire�t staff to prepare a Resolutian granting appraval of the �pplicant's reA�.�c in Zonin�; Case�o. 87�1 at � Pine Tree Lane with the standard findings �f fact and condinons :�i approval. Vice Chairm�n Grav seconded the motion which carried without�bjection. AD�OURIV11r1ENT Hearing no fi�rther busine��]��f��-e�he Curnmission, Chai�rman Chelf adjourned the m��t�n��t �:02 p.m. to an adjourned regular meeti�ag of the P�anning Commission sc�eduled far Tu�s�ay, ��aly 21, 2015 beginning at 7:30 a.m. for the �urpose af conducting �eld trips ta 15 Caba�lems �oa:c�, �9 Crest Road East and 5 Buggy Whip Dr=.ve. The next reguiar meeting of the Planning Commi:��ian is sc�eduled to be held on Tuesdz.�y, July 21, 2i�i5 at 6030 p.m. in the City Coz:ncil Chamber, Ralling Hills City Hall, 2 Porhiguese�end Road,Rolling Hills, California. Respectfi�lly submitted, Heidi Luce ���la.=i�-a Sch�vartz City�lerk :�'lan����Director Approve e1f '.-...... hairr�an Minutes Planning Comrnission Adjourn::d Regular Meeting 07-07-15 -� - J