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02-13-17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CAL1FURi�TIA MOIVDAY,FEBRUARY 13,2017 CALL TO ORDER A regular meeting of the City Council of the City a�Rolling Hills was called to order by Mayor Dieringer at 7:01 p.nn, in the City Council Charnber at City Hall, 2 Portuguese Bend Road, Ralling Hil�s, California. ROLL CALL Co�xncilrnembers Present: Black,Mursch, Pieper, Wilson and Mayor Dieringer. Councilmembers Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz,Planning Director. Mike Jenkins, City Attorney. Heidi Luce, City Clerk. Roy Itani, Engineer,Los Angeles County Building& Safety. Tavisha Nicholson,Bolton Engineering. Lisa Naslund,Drainage Engineer, Los Angeles County Building& Safety. Charles Powell,Entrepreneur. CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Ac�ions. A. Minutes -Regular Meeting of January 23,2017. RECOMMENDATION: Approve as presented. B. Payment of Bills. RECOMMENDATION: Apprave�s presented. C. Minutes -City CouncillPlanning Commissian Joint Meeting of November 1, 2016. RECUNIlI�NDATION: Approve as presented. City Clerk Luce noted two ty�ographical errors on the minutes — on item 4A page �, it should state that Mayor Pro Tem Black toak "his" seat a� the dais and on item 4C page 5 the last sentence of the �hird paxagraph should be completed as follows: Discussion ensued concerning the importance of maintaining the look and feel of the community. Councilmember Pieper mo�ed that the City Council approve the items on the consent calendar as corrected. Mayor Pro Tem Black seconded the motion,which carried withuut objection. OPEN AGENDA-PUBLIC CONIII�NT WELCOME None. C�MMMM�SS�ON�TEMS None. PUBLIC HEARINGS ORDINANCE NO. 35U—U: AN URGENCY ORDINANCE OF THE CITY OF RQLLlNG HILLS AMENDING TITLE 15 (BU�I,DINGS AND CONSTRUCTION} OF THE CITY OF ROLLING HILLS MCTNICIPAL CODE BY ADQPTING BY REFERENCE THE 2017 EDITION OF LOS ANGELES COUNTY CODE TITLE 26 (INCORP�RATING THE 20�6 CALIFORrTIA BUILDING CODE); TITLE 27 (INCORPORATING THE 2Q 16 CALIFORNIA ELECTRICAL CODE); TITLE 28 (INCORPORATING THE 2016 CALIFORIVIA PLUMBING CODE); TITLE 29 (INCORPORATING THE 2U16 CALIFORNIA MECHAIVICAL CODE); TITLE 3Q {Il�CORPORATING THE 2016 CALIFORNIA RESIDENTIAL CODE; TITLE 31 (INCORPORATING THE 2016 CALIFORI�TIA GREEN BUILDING STANDARDS CODE}; -1- ADDING A NEW CHAPTER 15.24 (EXISTING BUILDING CODE) IN ORDER TO INCORPORATE BY REFERENCE THE 2017 EDITION OF LOS ANGELES C�UNTY CODE TITLE 33 (INCORPORATING THE 2016 CALIFORNIA EXISTING BUILDING CODE); AMENDING SECTION 8.08.580 (CONSTRUCTION OR DEMOLITION WASTE} OF CHAPTER 8.08 (SOLID WASTE AND RECYCLABLE MATERIAL COLLECTIO� OF TITLE S (HEALTH AND SAFET� OF THE ROLLING HILLS MUNICIPAL CODE TO CONFORM TO STATE LAW; AND DECLARING THE URGENCY THEREOF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORIVIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 154b1(B){3). Mayor Dieringer introduced the items and asked for staf�s comments. Planning Director Schwartz sta.ted that before the City Counczl are two ordinances for public hearing regarding adoption of the Los Angeles County Building Codes. She sta.ted that every�hree years, the State of California revises its codes; and in turn, counties and cities updated their codes in response to the State changes. She commented that counties and cities may adopt codes that are more strict, but may not adopt less strict provision. She further sta.ted t�e County of Las Angeles adopted its code recently with some changes relevant to the County's topography, ciimate and other factors and recammended for adoption by the City are fiuo ordinances which the Los Angeles County codes by reference with na additional changes. She stated that t1�e first ordinance is an urgency ordinance which would allow the provisions to go into effect immediately upon a 4/5ths vote and the second is a regular ordinance that would follow the normal ordinance adoption process with a second reading and adop�ion at a subsequent meeting and wau�d go into effect 30 days after adoption. She commenfed that the reason for adoption both ordinances is so that in case the urgency provision is successfully challenged, the regular ordinance would be on course to be effective. She briefly reviewed the changes sta,ting that the ordinance also amends Section 8.08.5$d of the City's Municipal Code requiring that 65% of construction and demolition waste be diverted frorn the landfill. She stated that the County Building Official, Roy Itani is also present to answer any questions. In response ta Mayor Dieringer, PIanning Director Schwartz stated tha� if the City does not adopt the County codes,the State codes would be in effect rather than the County codes. In response to Mayor Pro Tem Black, Mr. Itani stated that any single-faxnily home built in California is required to have fire sprinklers. Mayor Dieringer opened the public hearing and called far public comme�t on both ardinances. Hearing none, she closed the public hearing. Mayor Pro Tem Black mo�ed that the City Council waive fit11 reading and adopt Ordinance No. 350-U adopting by reference the Los Angeles County Codes and declaring the urgency thereof. Councilmember Pieper seconded the motion,which carried by the following rall call vote: AYES: Councilmember Black,Mirsch,Pieper, Wilson and Mayor Dieringer. NOES: None. ABSENT: None. ABSTAIN: None. QRDINANCE NO. 35Q: A NON-URGENCY ORDINANCE ADOPTING THE SAME PROVISIONS IN THE URGENCY ORDINANCE,ABOVE. Councilmember Wilson rnoved that the City Council introduce Ordinance No. 350 and waive full reading of the ordinance adopting by reference the Los Angeles County Codes and schedule second reading of the ordinance for February 27, 2p17 City Council meeting. Councilmember Mirsch seconded the motion which carried by the fallowing roll call vote: AYES: Cauncilrnember Black,Mirsch,Pieper,Wilsan and Mayor Dieringer. NOES: None. ABSENT: Nane. ABSTAIN: None. ZONING CASE NO. 902. Request for a Site Plan Review and Canditional Use Permits for the construction af a new 10,400 square foot residence, i0,400 square foot basernent, 1,120 square foot garage, 475 square foot entry, a total of 2,$69 square feet covered porches, a.new paol and spa �a�aling 864 square feet with a 60 square foot pool equipment area, miscellaneous outdaor amenities, 800 square foot guest house, a twa-stary stable with 1,3Q0 square feet on the first level Minutes City Council Meeting d2-13-17 -2- and a 792 square foot ioft, a new driveway and access to the stable, several retaining walls and grading of a total of 48,]8�D cubic yards of dirt in Zoning Case No. 902, at 23 Crest Road East, (Lot 132A-MS}, Rolling Hills, CA (Hynes). The project is exempt from the California Environmental Quality Act(CEQA)pursuant to Section 15303, Class 3 exemption Guidelines. AND CONSIDERATION OF A RESOLUTION OF THE CITY CQUNCIL OF 'THE CITY OF ROLLING HILLS APPROVING A REQUEST FQR A SITE PLAN REV�W FOR GRADING AND CONSTRITCTION OF A NEW RESIDENCE WTTH BASEMENT, GARAGES, _ COVERED PORCHES, S�VVIlVIMING POOL WITH A SPA, RETAINING WALLS AND NEW DRNEWAY; AND REQUEST FQR COND�TIONAL USE PERMIT TO CONSTRUCT A GUESTHOUSE AND STABLE WITH LOFT AND CORRAL AND RELATED IMPROVEMENTS IN ZONING CASE NO. 902 AT 23 CREST ROAD EAST, LOT 132A-MS, (HYNES). THE PROJECT WAS DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Mayor Dieringer introduced the item and asked for staffls comments. Plan.ning Director Schwartz sta.ted that this is a reopened public hearing regarding a proposed development on a vacant lot at 23 Crest Road East which the City Council has been reviewing for several mon�hs. She stated tha� at the January 9�' meeting of the City Council staff was directed to prepare a Resolution granting approval of the applicant's request for consideration at the January 23'� meeting; but just prior to that meeting, a correspondence including video faotage was provided to the City Council for consideration. She stated that th� City Council expressed a desire to review the additional information but because the public hearing was closed, it could not be considered at the meeting of January 23`�and staff was directed to notice a reopened public hearing on the matter. She stated that since tl�at time, the City Council has had an opportunity to review the information and staff forwarded the videa to �he Los A,ngeles County Grading and Engineering division for review ar�d t1�ey are present to answer any questions. She sta.ted that Lisa Naslund, Grading/Drainage Engineer also provided a writter�response which is included with the staff report; along with an additional cor.respondence with photographs submitted by the appiicant. She stated that in reviewing ail of the additional evidence, staff feels that it is inconclusive and does nat establish that the project will not comply with the building code; and as such, the same resolution that was presented at the ��- Fanuary 23'�meeting is presen�ed for consideration afte�r this public hearing. Mayor Dieringer called for public comment. Tavisha Nicholson, Bolton Engineering addressed the City Council on behalf of the applicant to fnrther explain the project and the history behind it. In response to Mayor Pro Tem Black, Ms. Naslund stated that the goal of the drainage solution for this praject will be to mitigate the drainage prior to it reaching the properties belaw. In response to Councilmember Mirsch, Ms. Naslund sta.ted that the plan was conceptually presented to the County and there has been general discussion regarding the criteria that need to be meet, but it has not yet been thoroughly reviewed because that process doesn't begin until the plan is submitted along with the drainage calcu�atians and justification specific to what is proposed. Brief discussion ensued conceming Courrty's review of the draina.ge plan, the process that it goes througl� during review and making the reports available to the public. In response to Councilmember Wilson, Planning Director Schwartz stated that as previously directed, staff will provide the interested parties notification when the Caunty has reviewed�nd approved the fmal soils, geoiogy an�i hydrology studies submitted by the applicant. Mayor Dieringer opened the public hearing and called for public comment. Hearing none, she clased the public heazing. _ Councilmember Musch commented that while she understands the concerns raised by the neighbors below, she relies on the County's expertise in reviewing the drainage plan for it's compliance with the criteria. Mayor Pro Tem Black concurred with Councilmember Mirsch's comments. Mayor Pro Tern B�ack mo�red that the City Council adopt Resolution No. 1202 granting approvaI of the applicant's request in Zoning Case No. 902 at 23 Crest Road East. Counci�member Pieper seconded the motion,which carried with Councilmember Wilson opposed. �LD BUSINESS MinUtes City Council Meeting 02-]3-17 -3- CONSIDERATION OF A RESOLUTION AMENDING RES4LUTION NO. 1195 OF TI� CITY COUNCIL 4F THE CITY OF ROLLING HII.,LS MODIFYING THE DECISION OF THE CITY MANAGER, FOLLOWING THE APPEAL FILED BY DR. JEFFREY OSTRIKER, WHICH ORDERED THE CONFINEMENT OF AZUL TO THE OSTRIKER PROPERTY. Mayar Dieringer intraduced the item and asked for stafPs comments. City Manager Cruz presen#ed the staff report, reviewing the history on this matte�r and s�ating that presented for consideration is Resolution that revises the previous resolution adopted in this case by specifically requiring that the kennel be constructed as directed within 60 days and retaining jurisdicdon over this matter far 90 days. Mayar Dieringer called for public comment. Hearing none, she asked for comments frorn the City Cauncil. Councilmember Mirsch moved that the City Councii adopt ResoXution No. 1203 amending Resolution No. I 195 and modifying the decision of the City Manager in the Ostriker aggressive animal complaint. Mayor Pro Tem Black seconded the motion,which carried with Councilmernber Wilson opposed. NEW BUSINESS REQUEST FOR A TWO-YEAR TIME EXTENSION F�R A TENTAT3VE PARCEL MAP NO. 72232 TO SUBDIVIDE ONE EX�STING LOT INTO 2 S1NGLE-FAMILY RESIDENTIAL LOTS IN ZONING CASE NO. 852, SUBDIVISION NO. 93, AT 80 SADDLEBACK ROAD {T'LTRPANJIAN}. AND CONSIDERATION OF A RESOLUTION APPROVING THE REQUEST. Mayor Dieringer introduced the item and asked for staff's cornments. Planning Director Schwartz stated that the applicant is requesting a two-year dme extension to camplete a previously appro�ed subdivision and provide the City Council with a copy of the r�quest letter from the applicant's representative. Following brief discussion, Councilmember Pieper moved that the City Council adopt Resolution No. 1204 granting a two-year time extension for Tentative Parcel Map No. 72232 to subdivide one existing lot inta two single-family residential lots in Zoning Case Na. 852, Subdivision No. 93 at 8Q Saddleback Road. Caur�cilmember Wilson seconded the motion,which cariried without objection. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS None. MATTERS FROM STAFF REPORT, DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE JOINT CITY COUNCIL/PLANNING COMMISSION MEETING HELD ON NOVEMBER 1, 2016. Mayar Dieringer introduced the item and asked for sta�s comments. Planning Directar Schwartz reviewed the topics discussed at the Joint Meeting heid on November 1, 201b which included: the frequency of Variance approvals; the size and uses of stables (including access}; should the City consider regulating the ma7cimum size of new residentiat developments; and should the topography of a lot be cansidered when calculating lot coverage and disturbance; in other words, on a lot with extreme slopes and canyons-where no construction can take place, or a lot that is divided by a road where one side is very steep, shauld those limiting developable areas not be included in the calculations of the net lot area for de�elapment purposes? Thus, limiting the size of developments. She further reviewed the action iterns that came from the joint meeting, sta.ting regarding tl�e itern on stables, that the Planning Commission appointed Commissioners Cardenas and Cooley ta an ad hoc committee to mee� with members of Caballeros to discuss the requirements for stables to determine if any changes should be recommended; and staff will be scheduling a meeting. In response to Mayor Dieringer regarding constructing basements ou#side the footprint of#he home,Planning Director Schwartz stated that that she is researching that matter and has enlisted tl�e help of engineers for fuxther input. Discussion etisued concerning allowing additional disturbance to create gentler slopes and Planning Director Schwartz explained that the code was changed to allow for greatex disturbance in such situations, but according to what she's heard from several engineers, it is diffictilt to apply based on the topography of the Iots in the City withaut creating very taIl walls. Mayor Dieringer suggested ha�ing anather meeting to discttss the i�ems that were not co�ered and that staff pravide a tirneline as to the status of the action items. Mayor Dieringer further expressed concern Minutes City Council Meeting 02-13-17 -4- regarding variances in setbacks and as builf situtadons. Discussion ensued concerning the issues raised by Mayor Dieringer. Following brief discussion, staff was dirccted to provide further updates on the action items from the �neeting in the Weekly Memo provided to the City Council. No further action was taken. PUBLIC CONIlI�NT ON CL�SED SESSION ITEMS None. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATiON Government Code §54957 Title: City Manager CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City representative: Personnel Committee (Mirsch and Pieper} Unrepresented employee: City Manager The City Council recessed into closed session at 8:09 p.m. to discuss the matters listed above under Closed Session. RETURN TO OPEN SESS�ON Mayor Dieringer called the meeting back to order in open session at 8:46 p.m. ANNOUNCEMENT OF ACT�ONS FROM CLOSED SESSION(ORAL REPORT}. City Attarney 7enkins reported that no reportable action was taken. Staff was directed to agendize the matter for the next meeting of the City Council. ADJOURNMENT Hearing no furthex business before the City Council, Mayor Dieringer adjourned the rneeting at 8:48 p.m. in memory of Tony Deliovade, san o£ Fred and Alexia Dellovade, v�rho recently passed away after suffering a tragic accident. The next regular meeting of the City Council is scheduled to be held on Monday, February 27, 2017 beginning at 7:40 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, Heidi Luce City Clerk Approved, � �- ea D�eringer � Mayar Minutes City Council Meet�ng 02-f3-17 -5-