Loading...
09-15-15 MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS SEPTEMBER 15, 2015 CALL MEETING TO ORDER A regular meeting of the Planning Commission of the City of Rolling Hills was called to order by Vice Chairman Gray at 630 p.m. on Tuesday, September 15, 2015 in the City Council Chamber, at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Commissioners Present: Cardenas, Kirkpatrick, Smith and Vice Chairman Gray. Commissioners Absent: Chairman Chelf(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. Howard Weinberg, Weinberg Law. John Post, 17 Middleridge Lane North Lori Wheeler, 38 Poriuguese Bend Road. Tavisha Nicholson, Bolton Engineering. Vice Chairman Gray called for disclosure of any exparte discussions and there were none. Commissioner Kirkpatrick stated for the record that he listened to the audio recording from the meeting from which he was absent where Zoning Case No. 880-Amended (15 Portuguese Bend Road) was discussed so that he is eligible to participate in the discussion regarding that case this evening. APPROVAL OF THE AGENDA Approved as presented. PUBLIC COMMENTS ON MINUTES AND ANY ITEM NOT ON THE AGENDA None. APPROVAL OF MINUTES August 18, 2015, Regular meeting of the Pianning Commission Commissioner Cardenas moved that the Planning Commission approve the minutes of the regular meeting of the Planning Commission held on August 18, 2015 as presented. Commissioner Kirkpatrick seconded the motion, which carried without objection and with Commissioner Smith abstaining. RESOLUTIONS See continued Public Hearings. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING ZONING C'ASE NO. 880-AMENDED. Request for a Variance to eneroach with 61 square feet of mostly completed addition and not to exceed 3' high retaining walls into the side yard setback and to provide less than the minimum required 4' wide walkway along the perimeter of the addition in Zoning Case No. 880, at 15 Portuguese Bend Road (Lot 7&RH), Rolling Hills, CA, (Hassoldt). The project is exempt from the California Environmenta] Quality AcY (CEQA) pursuant to Section 15301, Ciass 1 exemption. AND Minutes Planning Commission Regular Meeting 09-15-15 _ 1 _ _ CONSIDERATION OF A RESOLUTION NO. 2015-21. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH INTO THE SOUTHERLY SIDE YARD SETBACK WITH 61 SQUARE FEET OF A MOSTLY COMPLETED 300 SQUARE FOOT BUILDING ADDITION, RETAINING WALLS NOT EXCEEDING 3-FEET IN HEIGHT AND TO PROVIDE LESS THAN THE MINIMUM REQUIRED WALKWAY ALONG THE PERIMETER OF THE ADDITION IN ZONING CASE NO. 88Q AT I S PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA, (HASSOLDT). Commissioner Cardenas recused himself from consideration of this case due to the proximity of his property to the subject properry and left the dais. Vice Chairman Gray introduced the item and asked for staff's comments. Planning Director Schwartz stated that a correspondence was received today from Howard Weinberg, on behalf of the Nuccions at 18 Portuguese Bend Road, expressing objection to the project. She stated that this mattec was before the Planning Commission previously, but staff did not notice one of the Variances so the case had to be renoticed. She stated that the amended case has since been properly noticed and there have been no other objections expressed. She reviewed the applicanYs request stating that this case is amended from what was heard before. She stated that the applicant is requesting a 300 sq. ft addition to Che residence of which 61 sq. fr. encroaches into the setback. She sYated that the Planning Commission previousiy visited the site and there was discussion regarding providing access around the area of the addition where the minimum 4 ft. clearance does not exist. She further reviewed the Variances requested which included: 61 sq. ft. encroachment into the side yard setback, to provide less than 4 ft. required for passage around the structure and for 3 ft. walls against the slope behind the proposed 2 ft. passage around the structure. She further reviewed the history of this request and sCated that the remainder of the development standards are within the requirements. She Yhen reviewed objecYions expressed by the Nuccions which are based on the CEQA guidelines and that the findings for the Variance cannot be met. She stated that at the July 7`� Planning Commission meeting, the Planning Commission asked staff to prepare a Resolution granting approval of this project, but that was before it was realized that a Variance was necessary far the passage around the addition. She stated that the Resolution was not acted on previously and staff has since prepared a Resolution as directed which now ineludes the neeessary findings for the additional Variance. Vice Chairman Gray called for public comment. Gary Wynn, Wynn Engineering addressed the Planning Commission on behalf of the applicant to further explain the applicanYs request stating that when this project was originally granted over the counter approval, the applicant was not aware that the addition was in the setback. In response to Vice Chairman Gray regarding the less that 4 ft. passage around the addition, Mr. Wynn stated that the Fire Dept. does not object to it and there is also an easement for passage. Howard Weinberg, Attorney addressed the Planning Commission on behalf of the Nuccions to review the conespondence he sent which expresses objection to the project. He stated that he does not feel the Planning Commission can make the findings necessary to grant the Variances and explained why he feels as such. He further stated he also doesn't feel that project does not qualify for categorical exemption from CEQA. Sean Cardenas, 13 Portuguese Bend Road addressed the Planning Commission in objection to the project in that it was constructed without proper approval and the applicant is requesting approval after it was constructed. Mr. Wynn addressed the Planning Commission in response to the objections to explain that the applicant did request approval prior to construction but it was inadvertently based on a flawed plan. Hearing no further public comment, Vice Chairman Gray closed the public hearing. In response to Commissioner Kirkpatrick regarding the letter from Mr. Weinberg, Assistant City Attorney Coates stated that she reviewed the letter; and based on the information presented in the letter, there is no evidence that requires the Planning Commission to table its decision in this matter today. She stated that at its previous public hearings on this case, that Planning Commission received the information necessary to make a decision and there was no new information presented. She stated that the only amendment in this application was the addition of the entitlement for a Variance to the 4ft. walkway requirement. She clarified that this was always shown on the plans, it just was not called out as Minutes Planning Commission Regular Meeting 09-15-I S - 2 ' a separate Variance request and this letter could have been presented at the first public hearing. She fiirther commented that based on the Fire Dept. response to Yhe fire safety issue and other factors, she does not believe this project requires fu11 CEQA review. With regard to the fmdings, she stated that the findings are addressed in the staff report and the Resolution; and Planning Commission may wish to further review them before a decision is made. Commissioner Kirkpatrick commented that is it unfortunate the building is already constructed, but the Planning Commission should look at it as if it weren't; and would it be approved if it were presented before it was constructed. He further commented that he looks at each project individually, and he would support this project as presented having reviewed the record and listed to the previous comments. Commissioner Smith commented that she agrees that this is an unfortunate situation and having heard ali of the comments, she is reluctantly willing to move forward with approval of this project. She reviewed the findings noting that this is one of the smallest lots in the RAS-1 Zone and she feels there are special eircumstances. The Planning Commission further reviewed the findings as listed in the Section 6 of the ResoluYion on circle page 15 of the staff report. Vice Chairman Gray commented that he voted against the project previously, not because it was built in the setback, but because the structure is built almost into the side of the hill and does not have adequate access around the structure. Following brief discussion, Commissioner Kirkpatrick moved that the Planning Commission adopt Resolution No. 2015-21 recommending granting approval of the applicanYs request in Zoning Case No. 880-Amended at 15 Portuguese Bend Road. Commissioner Smith seconded the motion which canied with Vice Chairman Gray opposed. Commissioner Cardenas returned to the dais. NEW PUBLIC HEARINGS ZONING CASE NO. 8�8. Request for a Site Plan Review for 1,055 square foot addition, grading, and retaining walls and request for Variances to eneroach with 585 sq.ft. of the addition, with a light well and retaining walls into the required front and side yard setbacks; for higher than allowed average hei�ht retaining walls and to exceed the maacimum permitted disturbance of the lot, on a property with a restricted development condition, in Zoning Case No. 888, at 37 Middleridge d.ane North, (LoY 5-MR), Rolling Hills, CA, (Post). The projecY is located in the RAS-I Overlay Zone. The project is exempt from the California Environmental Qualiry Act (CEQA)pursuant to Section 15301, Class 1 exemption. Vice Chairman Gray introduced the item and asked for staff's comments. Planning Director Schwartz reviewed the applicanYs request in Zoning Case No. 888 at 17 Middieridge Lane North. She stated that this property is divided by Middleridge Lane North with 40% of the property on the West side and 60% is in the East side which is the developed portion of the property. She noted that the set aside area for a future stable is on the West side of the property. She stated that the existing house is 3,105 sq. ft. much of which encroaches into the side and front setback because the house was built when the front setback was 30 ft. as compared to the existing 50 ft. setback. She noted that this property is located in the Overlay Zone, which recognizes the unique development constraints of the properry. She reviewed the Overlay Zone requirements and further reviewed the applicant's request for a 1,055 sq. ft. addition, which encroaches in the side and front setback; addition of a basement under the existing house which also eneroaches into the setback; and various other items including to construct retaining walls and a pool. She further reviewed the Variances requested which include encroachment into the setbacks with the addition and the walls. She stated that the staff report includes a table of other properties on Middleridge Lane that have been approved for comparison purposes. She reviewed the development standards including the grading, structural coverage and disturbance. In response to Vice Chairman Gray regarding other homes built into the front yard setback, Planning Director Schwartz stated that most of the homes are to the 30 ft. setback but she will research whether there are any properties with additional encroachment and provide the information to the Planning Commission. Vice Chairman Gray called for public comment. Minutes Planning Commission Regular Meeting 09-15-15 -3 - ....... ..._. ._... ...._ ._.. ..... ._.. ._.. ._.. ...... ...... ....... ... ........� John Post, property owner 17 Middleridge Lane North addressed the Planning Commission to further explain their request and stated that there aze three other homes on the street that come closer to the � street than their proposed addition. ' Following staff's presentation and public testimony, the members of the Planning Commission determined that a site visit should be scheduled to provide the members of the Planning Commission ' with further understanding of the applicanYs request. The public hearing was continued. ' ZONING CASE NO. 889. Request for a Site Plan Review for grading and shuctural additions (guest house and 3-foot retaining walls) on a property with a restricted development condition, and a Conditional Use Permit to construct an 800 square foot quest house in Zoning Case No. 889, at 38 Portuguese Bend Road (Lot 118-RA), Rolling Hills, CA, (VJheeler). The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 exemption. Commissioner Smith recused herself from consideration of this case due to the proximity of her property to the subjeet property and left the dais. Vice Chairman Gray introduced the item and asked for stafPs comments. Planning Director Schwartz reviewed the applicants request and stated that this is a property that is also divided by the roadway. She stated that the applicanY is proposing to construct an 800 sq. ft. guesthouse to replace an existing guesthouse, which will be demolished. She stated that the applicant is also proposing grading in the rear of the proposed guesthouse to allow for the 4ft. pathway behind the it; and to construct some Yerraced walls no more than 3 ft. in height. She stated that there are no Variances requested and further reviewed the development standards. She stated that the building pad for the guesthouse is proposed at 9,888 sq. ft. with coverage at 18.7% and reviewed the overages on the lot. In response to Commissioner Cardenas, Planning Director Schwartz stated that it will need to be verified that there is a three-car garage because the Zoning Code requires that properties with a guest house have a minimum three-car garage. Vice Chairman Gray ca(led for public comment. Lori Wheeler, 38 Por[uguese Bend Road addressed the Planning Commission to further explain their request. Tavisha Nicholson, Bolton Engineering addressed the Planning Commission stating that the applicant is proposing the guest house now so that it will be less disruptive since there is currently existing construction in the azea. Following staff's presentation and public testimony, the members of the Planning Commission determined that a site visit should be scheduled to provide the members of the Planning Commission with further understanding of the applicant's request. The pubiic hearing was continued. Commissioner Smith retumed to the dais. SCHEDULE OF F1ELD TRIPS The Planning Commission scheduled field trips to the following properties to be conducted on Tuesday, October 20, 2015 beginning at 730 a.m.—two of which are new cases that will start in the field. 13 Outrider Road (small addition & grading for improved access & wider driveway) 38 Portuguese Bend Road 1 Middleridge Lane South (no structure; dressage arena only) 17 Middleridge Lane North ITEMS FROM THE PLANNING COMMISSION None. ITEMS FROM STAFF None. Minutes Planning Commission Regular Meeting 09-15-15 -4 - ADJOURNMENT Hearing no further business before the Commission, Vice Chairntan Gray adjourned the meeting at 739 p.m. to an adjourned regulaz meeting of the Planning Commission scheduled to be held on Tuesday, October 20, 2015 beginning at 730 a.m. for the purpose of conducting field trips to 13 Outrider Road, 38 Portuguese Bend Road, 1 Middleridge Lane South and 17 Middieridge Lane North. The next regular meeting of the Planning Commission is scheduled to be held on Tuesday, October 20, 2015 beginning at 630 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Poriuguese Bend Road, Rolling Hills, California. Respectfully submitted, .. , n ``��"���AC,�<1����.�� Heidi Luce City Clerk Approved, ,^ i Br Chelf Chairman Minutes Planning Commission Regular Meeting ' 09-IS-IS _ 5 _