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08-18-15 MINiJTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF TI� CITY OF ROLLING HILLS AUGUST 18, 2015 CALL MEETING TO ORDER A regular meeting af the Planning Commission of the City of Rolling Hills was called to order by Chairman Chelf at 6:32 p.m. on Tuesday, August 18, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. R4LL CALL Commissioners Present: Cardenas, Gray,Kirkpatrick and Chairman Chelf. Commissioners Absent: Smith(excused). Others Present: Yolanta Schwartz, Planning Director. Raymond R. Cruz, C�ty Manager. Shahiedah Coates,Assistant City Attoxney. Heidi Luce, City Clerk. Criss Gundersan,Architect. Dan Bolton, Bolton Engineering. Mike and Bea Dieringer, 7 Buggy Whip Dri�e. Arvel Witte, 5 Quail Ridge Road Soutl�. APPROVAL OF THE AGENDA Approved as presented. PUBLIC COMIVV�NTS ON MINUTES AND ANY YTEM NOT ON THE AGENDA None. APPROVAL OF MINUTES July 21, 2Q15, Adjourned Regular meeting af the Planning Commission Commissioner Cardenas moved that the Planning Commission approve the minutes of the adjourned regular meeting of the Planning Commission held on July 21, 2015 as presented. Vice Chairman Crray seconded the rnotion,which carried�w�ithout objectian. July 21, 2415, Regular meeting of the Planning Commission Vice Chairman Gray moved that the Planning Commission approve the minutes of the regu�ar meeting of th� Planning Commission held on July 21, 2015 as presented. Commissianer Cardenas seconded the motion,wluch carried without objection. RESOLUTIONS RESOLUTION NO. 2015-17. A RESOLUTION OF THE PLANNING COMII�IISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND VARIANCES TO CONSTRUCT A RAISED DECK AND A WALL; TO ENCROACH WITH A POR'TION OF THE WALL AND WITH THE RAISED DECK INTO THE SIDE SETBACK AND TO EXCEED THE ALLOWED MAXIMUM STRUCTURAL AND TOTAL LOT COVERAGE IN ZONING CASE NO. 885, AT 15 CABALLEROS ROAD, (LOT 21- SK), R4LLING HII.L�S, CA, {SHIPMAN). THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALFTY ACT (CEQA) AS A CONSTRUCTION OF SMALL STRUCTURES CLASS 3 CATEGORICAL EXEMPTTON PURSUANT TO SECTION 15303 OF THE CEQA GUIDELINES. Minutes Planning Commission Regular Meeting 08-18-15 - 1 - Chainman Chelf introduced the item and asked for staffs comments. Planning Director Schwartz reviewed the applicant's request to construct a raised deck and wall, which partially encroach into the side setback. She stated that at its last meeting the Planning Commission directed staff to prepare a Resolution gran#ing approval of the applicant's request to include conditions that no treliis be constructed on the raised deck and that the plants in the planter be no greater than 4 ft. in height. Chairman Chelf called for public comment. Hearing none, he asked for comments fram the Planning Commission. Commissianer Cardenas moved that the Planning Commission adopt Resolution No. 2015-17 granting approval of the applicant's request in Zoning Case No. 885 at 15 Caballeros Road. Comrnissioner Kirkpatrick seconded the motion,which carried withaut abjection. RESOLUTION NO. 2015-18. A RESOLUTION OF THE PLANNING COMMISSION OF TI� CITY OF ROLLING HII..LS GRANTING APPROVAL OF A �ITE PLAN REV�W TO MODIFY A PREVIOUSLY APPROVED DR3VEWAY, WHICH REQUIRES GRADING, TO RELOCATE PREVIOUSLY APPROVED WALLS ALONG A RIDING RING AND TO CONSTRUCT A N�T TO EXCEED 5' HIGH RETAINING WALL ALONG A PORTIDN OF THE DRNEWAY; AND A VARIANCE TO EXCEED TI� MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONIlVG CASE NO. 887 AT 29 CREST ROAD EAST, (LOT 133-A-MS), {STEVENS). TT� PRO�ECT IS EXEMPT FROM THE CALIFORN�A ENVIRONMENTAL QUALITY ACT (CEQA) AS A CONSTRUCTION OF SMALL STRUCTURES CLASS 3 CATEGOR�CAL EXEMPTION PURSUANT TO SECTION 15303 OF THE CEQA GUIDELINES. Chauman Chelf introduced the item and asked for staff s comments. Planning Director Schwartz reviewed the applicant's request to modify a previously approved project to include relocation o�the driveway and wall. She stated that the Planning Commission visited the site last month and at the evening meeting directed staff to prepare a Resolution granting approval of the applicant's request. She stated #hat the Resolution includes the standard conditions plus a condition that the existing driveway apron be filled in with a curb where it meets the street and that it not be paved subject to the RHCA's approval of an appropriate sttrface material. Chairman Chelf called for public comment. Hearing none, he asked for camments from the Planning Commission. Following brief discussion, Vice Chairman Gray moved that the Planning Commission adopt Resalunon No. 2015-18 granting approval of the applicant's request in Zoning Case No. 887 at 29 Crest Road East. Commissioner Kirkpatrick seconded the motion,which carried without objection. RE50LUTION NU. 20�5-19. A RESOLUTION OF THE PLANNING CONIlI�IISSTON OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO ALLOW UNPERMITTED ACCESSORY AMErTITIES WHiCH ENCROACH INTO THE REQUIRED SETBACKS, INCLDING PARTS OF TI� WALL, TO REMAIN ON THE PROPERTY IN ZONING CASE NO. 88b, AT 5 SUGGY WHIP DRIVE, (LOT 245�A-MS), ROLLING HII.LS, CA. {NGUYEN). THE PR03ECT IS EXEMPT FROM THE CAL�FORNIA ENVIRONMENTAL QUALITY ACT {CEQA) AS A CONSTRUCTION OF SMALL STRUCTURES CLASS 3 CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 OF THE CEQA GUIDELINES. Chairman Chelf introduced the item and asked for staff s comments. Planning Director Schwartz reviewed the applicant's request stating that the Planning Commission visited the site last month and at the evening mee�ing directed staff to prepare a Resolution granting approval of�the applicant's request to reconstruct an existing wall that was constructed without permits and does not meet the building code requirement; and to a�low uripermitted accessory amenities to remain. She stated that at the previous meeting, concern was raised by an adjacent property owner regazding the drainage on the property in the driveway area tha� services the stable, which is ati issue #hat staff is currently addressing through code enforcement. She reviewed the conditions of approval stating that one of the conditians included in the Resolution is that the drainage issue be corrected and the praject be campleted and permitted within six months. She further commented that today, the applicant submitted a revised drainage plan to address Minutes Planning Commission Regular Meeting 08-1$-15 -2 - the drainage issue. She reviewed tl�e plan stating that the applicant proposes to collect the vvater from the stable access road area and drain it to the catch basins in the existang corral area, away from the adjacent property owner. She stated that these plans will be submitted to the draina.ge engineer for review and approval to ensure that the proposal is feasible. Discussion ensued concerning the City's ability to enforce the condition related to the drainage issue with the Planning Commission expressing concern that the as built structures and wa11 could potentially be completed wi�h the drainage issue being resolved. Assistant City Attomey Coates stated that to addxess the issue regarding enforceability, the condition could be amended to include a pro�ision that requires the drainage issue to be corrected prior to issuance of building permits for the as built structures and the wall. Chairman Chel£commented that the Commission could also consider shortening tl�e timeframe for correcting the draina.ge issue to four months. Chairman Chelf called for public comment. Dan Bolton, Bolton Engineering addressed the Planning Commission to further explain �he plan�s to address the drainage issue, He expressed concern that a four-mon#h time frame may be too short and that it may make more sense to address the clrainage issue at the same time ttze wall is reconstructed so as not to disturb the area twice. Discussion ensued concerning the drainage plan and Mr. Bolton fixrther explained the plan. Bea Dieringer, 7 Buggy Whip Drive addressed the Planning Commission urging the Commission to amend the conditian regarding the drainage to ensure it is done before the rest of the praject can proceed. She further suggested that a requirement be included that the drainage proposal be appraved by the City Engineer to ensure that the plan will cure the drainage issues. Discussion ensued concerning the timing for correcting the drainage issue. Planning Director Schwartz stated that there is also a condition in the Resolution that the applicant put sandbags in the area of the current drainage in the event there is wet weather prior to completion of the project. Mike Dieringer, 7 Buggy Whip Drive addressed the Planning Commission regarding the proposed drainage plan expressing concern that the dissipater is located on his property and to question the length of the curb and gutter. He further expressed concern that the plan does nat show the correct topography. In response to Mr. Dieringer's concems, Chairman Chelf commented that thase concerns would be best addressed by the drainage engineer and the Rolling Hi11s Cammunity Association during their review and approval process. Vice Chairtnan Gray expressed concern that the proposed plan is not as deta.iled as he would have expected and may not adequa.tely address tt�e drairiage issues. Discussion ensued concerning the drainage plan. Chairman Chelf and Commissioner Kirkpatr�ick commented tha� they feel there are appropriate provisions in place ta ensure that the drainage issue is resolved and it is ultima.tely the responsibility of the drainage engineer to ensure the drainage issue is addressed appropria#ely. Assistant CiTy Attorney Caates commented that the Planning Commission's direction when asking for a Resolution of Approval was for the applicant to show a good faith effort that they intend to address the drainage issue but that the Building and Safety Department through tl�e City Engineer is the reviewing body for the final. She stated that the Planning Commission is not approving the plan but rather accepting it as e�idence of the applicant's good faith effort to address the issue. She further commented that there are also provisions in the Resalution to provide enforceability if the drainage issue is not addressed. Following brief discussion, Commissioner Cardenas moved that the Planning Commission adopt Resolution No. 2Q15-19 granting approval of the applicant's request in Zoning Case No. 886 at 5 Buggy Whip Drive as a�nended to add the following language in Section 8(E): Drainage plan and t�etaining wall plans shall he suhmitted and approved by Buidding and Safety Engineer to correct the curr-ent method of drainage of the access path to the stahde,from the street to the limft of the huilding pad, and beyond to the corrad, prior to issuance of huilding permits for the as built structures and to complete construction of the tredlis. All run-ofJ'shall he directed away from the adjacent property to the north. Cammissioner Kirkpatrick seconded the motion,which carried without objection. Minutes Planning Commission Regular Meeting 08-18-15 - 3 - PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING DISCUSSION AND RESOLUTION NO. 2015-20. A RESOLUTION OF THE PLANNING COMMYSSION OF THE CITY OF R4LLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMEND�NG ROLLING HILLS MUIVICIPAL CODE CHAPTER 17.26 RELATING TO VIEW PRESERVATION IN ZONING CASE NO. 8$1, ZONING CODE AMENDMENT NO. 2015-03. THE PROPOSED ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO THE "COMMON SENSE" EXEMPT�ON SET FORTH IN SECTION 15061 (B)(3} OF THE CEQA GUIDELINES BECAUSE THERE IS NO POSS�BILITY THAT TI� ORDINANCE COULD HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. Chairman Chelf intraduced the item and asked for stafPs comments. Planning Director Schwartz stated that this is a continued P�blic Hearing to consider a Resolution recommending that the City Counci� adopt an �rdinance amending the View Preservation Ordinance. She stated that the Planning Commission held several public meetings in addition to several public hearings at which the current Ordinance was reviewed and recommendations for change were made. She stated that this matter was before the Planning Commission upon a recommend.a.tion from the City Council's View Preservation Ad Hoc Committee after their review of the Ordinance. The Ad Hoc Committee asked the Planning Commission to review its recommendations and to address the issues that the Committee did not concur on. She stated that most of the changes are minar changes to clarify the language in the Ordinance and to be consistent with the provisions set forth in Measure B. She stated that there are a few additianal items recommended for change includ�ng adding a provision that the camplainant indemnify the City for legal expenses incurred should a lawsuit arise. She stated that there is one additional item for which the Committee has not yet come to concurrence regarding eligibility as propased by adding a paragraph B to section 17.26.040. Planning Director Schwartz further reviewed the proposed changes recornmended in the Resolution which include allowing for cost sharing between the applicant and tree-owner when an expert opinion is required by the Committee; adding language ta address environmental constrain#s; and allowing for cost sharing between the applicant and tree-owner for subsequent maintenance costs. She further commented that during its discussions, the Planning Commission was also considering administrative regulations interpreting Measure B, but that matter was tabled until the Committee receives the arboris� report cancerning mature vs. maturing in the case that is cu;rently before the Committee. She sta,ted that the Resolution is presented for the Plann�ng Commissian's consideration and once it is adopted, it will then go befare the City Council for public hearing and consideration of adopting an Ordinance as recommended. Chairman Chelf called for public camment. Arve1 Witte, S Quail Ridge Road South addressed the Planning Commission suggesting that the tree owner be required to pay the rnaintenance costs and that valunteer trees be kept under control. The Planning Commission disc�xssed the suggested language for adding as paragraph B in Sectian 17.25.040 regarding eligibi�ity which states that a person shall not be precluded from filing an application for abatement of a view impairment on grounds that vegetation located on the cornplainant's property contributes to the impa.irment of the requested view. A person who has obtained an order abating impairment of a view against a property shall not be precluded from filing a subsequent application to abate impairment o�the same view by vegetation on another property. An application may be filed to abate impairment of one or more distinct views listed in Section 17.12.220 "View;" however, if multiple views are identified, each must be disjointed and observable form a separate viewing area. Discussion ensued with Vice Chairman Gray expressing concern that allowing this provision will make the process mare complicated and di�ficult, especially for �he tree-owner if applicatians are filed simultaneously. Assistant City Attorney Coates clarified that the langue is added to simply provide c�arification that views in multiple directions can be acquired. Follawing discussion, the Planning Cornmission concurred to include this provision in the Resolution. Following further discussion, Commissioner Kirkpatrick moved that the Planning Commission adopt Resolution No. 2015-20 recommending that the City Council adopt an Ordinance amending Ralling Hills Municipal Code Chapter 17.26 relating to View Preservation including Section 17.26.040{B). Comrnissioner Cardenas seconded the motion,which carried without objection. Minutes Planning Commission Regular Meeting 08-18-15 - 4 - NEW PUBLIC HEARINGS None. SCHEDULE OF FIELD TRIPS None. ITEMS FROM THE PLANNfNG C�MMISSION None. ITEMS FROM STAFF None. ADJOURNMENT Hearing no further business before the Cammission, Chairman Che�f adjourned the meeting at $:03 p.m. The next regular meeting of the Planning Commission is scheduIed to be held on Tuesda.y, September 15, 2015 begi�uiing at 6:30 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Raad,Rolling Hilis, California. Respectfully submitted, Heidi Luce City Clerk Approv , t � Michael Gray Vice Chairman Minutes Planning Commission Regular Meeting 08-i8-15 - 5 -