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10-17-17.pdf MiNUTES OF A REGULAR N�EETING OF THE PLANNING COA�IlVIISSION OF THE CITY OF ROLLING HILLS OCTOBER 17,2017 CALL MEETING TO ORDER � A regular meeting of the Planning Commission of the City of Ro�ling Hills was called to order by Chairman Chelf at 6:31 p.m. on Tuesday, October 17, 2017 in the City Council Cha�ber, at City Hall, 2 Poriuguese Bend Road, Ro�ling Hills, California. ROLL CALL Commissioners Present: Cardenas, Cooley, Seaburn and Chairman Chelf Commissioners Absent: Vice Chairman Kirkpatrick(excused). Others Present: Raymond Cruz, City Manager. Yalanta Schwartz, Planning Director. Natalie Karpeles, Assistant City Attorney. Julia Stewart,Assistarit Planner. Yvette HaII, �nterim City Clerk. Gary Fields,ReprEsentative af the Nakamnras. Charles Belak-Berger, Architect. Vince DiBiasi,Architect. Larry Hali,Attorney. Clint Patterson, 22 Georgeff Road. Richard Boos, 22 Georgeff Road. Leah Mirsch, 4 Cinchring Road. �' Dan Martinez, Contractor. George Sweeney,Architect. APPRQVAL OF THE AGENDA Approved as presented. PUBLIC COMMENTS ON MINUTES AND ANY ITEM NOT ON THE AGENDA None. APPROVAL OF MINUTES September 19, 2017 Adjourned Regular Meeting ofthe Pianning Commission Commissioner Cooley moved that the Planning Commission approve the miriutes of the adjourned regular meeting of the Planning Commission held on Septernber 19, 2017 as presented. �ommissioner Seaburn seconded the motion,which carried without objection. RESOLUTIONS � RESOLUTION NO. 2017-�.8. A RESOLUTION OF THE PLANNING CONIlVIISSION OF THE CITY OF ROLLING HILLS IN ZQIVING CASE NO. 923, APPROVING A REQUEST FOR A SITE PLAN REV�W TO MODIFY A PREVIOUSLY APPROVED PROJECT, (IN ZC NO. 843}, FOR GRADING AND VARIANCE TO RETAIN A PORTION OF UNPERNIITTED IMPORTED DIRT FOR THE GRADING AND TO EXPORT 'THE REMATNING PORTION AND TO CONSTRUCT GREATER THAN 2:1 SLOPE AT 38 PORTUGUESE BEND ROAD (LOT 118-RH}, {WHEELER}. THE PROJECT FS CATEGORICALLY EXEMPT (CLASS 3} PURSUANT TO THE CALIFORNIA ENVIRONMENT.AL QUALITY ACT{CEQA) GUIDELINES. Minutes -2 PYanning Commission Meeting 09-19-17 Chainnan Chelf introduced the item and asked far staff s comments. Planning Director Schwartz reviewed the applicant's request in Zoning Case No. 923 at 38 Portuguese Bend Road. She stated that this project was a code enforcernent case. Planning Director Schwartz stated that the applicant is requesting to modify a previously approved project to rotate the orienta#ion of an 860 square foot detached covered patio stntcture, to retain the size of the previously approved building pad, which has been partially graded-out, Variances to retain 1,300 cubic yards of dirt that was i�legal�y import�d to the site in order to repair slopes and the building pad, which will aid in eliminating previously approved two terraced retaining walls, to export 2,370 cubic yards of the illegally imported dirt, and to construct steeper than a 2:1 slope in one area whez�e the slope was dis�urbed by the dirt; and the slope south west of the covered patio. Commissioner Cardenas inquired if any camments were received from the neighbors regarding #he proj ect. Planning Director Schwartz responded that no comments were received frorn the neighbors. Chairman Chelf called for public comment. Hearing none,he closed the public hearing. Commissioner Cardenas moved that the Planning Comm�ssion adopt Resolution No. 2017-18 granting approval of the applicant's request in Zoning Case No. 923 at 38 Portuguese Bend Road as presented. Commissioner Seaburn seconded the motion, which carried without objection (Ki�kpatrick absent). RESOLUTION NO. 2017-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HII.LS APPROVING A REQUEST FOR A SITE PLAN REVIEW �'OR CONSTRUCTION OF RESIDENTIAL AND GARAGE ADDITION, COVERED PORCHES AND TRELLIS IN ZONING CASE NO. 930 AT 52 PORTUGUESE BEND ROAD (LOT 4-FT), {WACHS). CEQA CATEGORICAL EXEMPTION iJNDER CLASS 1, SECTION 153Q1. Chairman Chelf introduced the item and asked for staff s comments. Assistant Planner Stewart reviewed the applicant's request in Zoning Case No. 930 at 52 Portuguese Bend Road. She stated that the applicant is requesting approval of the Resolution for a Site Plan Review for construction of a residential and garage addition of 1,464 square feet and 518 square feet respectively, 855 square foot porches and a new 200 square foot trellis. Chairman Chelf called for public cornment. Hearing none,he closed the public hearing. Commissioner Seaburn moved that the Planning Commission adopt Resolutian No. 2017-19 granting approval of the applicant's request in Zaning Case No. 930 at 52 Portuguese Bend Road as presented. Commissioner Cooley seconded the motion, which carried withaut abjection (Kirkpatrick absent). RESOLUTION NO. 2017-20 A RESOLUTION OF THE PLANIV�NG COMMISSION OF THE CTTY OF ROLLING HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW, CONDITIONAL USE PERNiIT, AND VARIANCES FQR CONSTRUCT'ION OF NEW GARAGE, RESIDENTIAL CONVERSI4N/ADDITION, ADDITION TO POOL HOUSE, SPA, NEW RETAINING WALLS AND TO EXCEED THE MAXIMUM PERMITTED WALL HEIGHT AVERAGE AND DISTURBANCE OF THE LOT IN ZOlVING CASE NO. 925 AT 16 PINE TREE LANE (LOT 81-1-RH}, {SCJNITHA SHARADIA). CEQA CATEGOItiCAL EXEMI'TI�N UNDER CLASS 1,SECTION 15301. Chaizman Chelf introduced the item and asked far staff s comments. Assistant Planner Stewart reviewed the applicant's request in Zoning Case No. 925 at 1G Pine Tree Lane. She stated that the Planning Cammission requested clarification af the project because the applicant had brought forth some potential new iterns. She reviewed the new items that are the elements of the proposal. Assistant Planner Stewart explained that there was a five-foot retaining wall that was proposed for the interior of the project site and that has been reduced ta three feet. She sta.ted a new 30-inch retaining wa11 along the driveway would typically be a ministerial approval and that there is no need for a Variance. She indicated the average wall height of the new walls is 2.7 and the maxirnu�n is 2,5. She stated thaf public notices were sex�t to residents within a 1,OQ0 foot radius of the site. She -2- Minutes Planning Commission Meeting 10-17-17 r�viewed the revised Site Plan and grading plan. Assistant Planner Stewart indicated that a new driveway apron was included in the proposal, reviewed by the Traffic Commission and r�commended for approval by the Traffic Engineer and the Traffic Commission. Assistant Planner Stewart indicated that no comments were received from the neighbors. Chairman Chelf called for public comrnent. Hea.ring none,he closed the public hearing. The Planning Commission indicated support of the project as presented. Commissioner Seaburn maved that the Planning Commission adopt Resolution No. 2017-20 granting approval of the applicant's request in Zoning Case No. 925 at 16 Pine Tree Lane as �resented. Commissioner Coaley seconded the motion, which carried wi�hout objection (Kirkpatrick absent). FUBLIC HEARINGS ON ITEMS CONTINUED FROM A PREVIOUS MEETING ZONING CASE NO. 918, 20 Upper Blackwater Canyon Road, (Iannitti). RE UEST FOR CONTINUANCE TO NOVEMBER 21 2017 MEETING. At the request of the applicant, consideratian af this matter was continued to the November 21, 2017 Planning Commission Meeting beginning at 6:30 p.m. No action was taken and the public hearing was continuEd. ZONING CASE NO. 928. 1 Middleridge Lane North (Cipolla), RE iTEST FOR CONTINUANCE TO December 19,2017 FIELD TRIP MEETING. At the request of the applicant, consideration of this matter was continued to the Field Trip meeting of the Planning Commission scheduled for December 19, 2417. No action was taken and the public hearing was cantinued. ZONING CASE NO. 932. Request for a Site Plan Review ta construct higher khan '�-� pre�iously approved ridgeline for a project consisting of an addition and �najor renovation. The "as buiit" condition does not comply with the approved plans, at 24 Cinchring Road (Lot 18-3-CH}, (Nakamura). CEQA Categarical Exemption under Class 3, Section I5303. Chairman Chelf in#roduced the item and asked for s�aff s comments. Planning Director Schwartz sta.ted that this project is a continued public hearing from the Field Trip thaf the Planning Commission and residents attended this morning at 24 Cinchring Road. She stated that the a�plicants are requesting a modification to a previously appraved addition to the residence. She stated that an 850 square foot addition to the residence was administratively approved in 2007 and there existed a 675 square foot garage within the residence that was to be canverted to living space. Planning Director Schwaartz indicated that the footprint of the residence was approved at 5,271 square feet and a storage area under the floor also existed. Planning Director Schwartz explained that the modification entailed taller than the approved structure and a more massive roofline. She stated that although the City does not regulate heights or roof design, the project came ta the City's a�tention as a Cod� Enforcement item, because the project was not buiit to the plans submitted far construction to the City, or to the Building Department. She s#ated that staff deemed the modification to the height and massing of the structure was tao excessive to approve administratively. She stated that, in addition, during discretionary reviews for a garage/recreation room for the residence a "No fiirther development, ox any modification, without Planning Comrnission review and approvai" condition was placed on the project and the property. P�anning --- I�irector Schwa�'tz fwrther stated that during the Code Enforcemen� process, staff provid�d the applicants an opportunity to either bring the structure to compliance with the approved plans or request a hearing before the Planning Commission. She stated that the app�icants proposed to keep most of the "as built" shape of the roof, but Iower the structure by one foot. Planning Director Schwartz indicated#hat since the September 19, 2017 P�anning Commission meeting, the applicants are proposing to reduce the size of the Gable at both ends of the roof Chairman Chelf called for public comment. Gary Fields, Representative of the Nakamuras, cornmented that his clients were requesting approval for the plan as proposed. He indicated that the requests that were made by the Planning Commission -3- Nlinutes P�anning Commission Meeting 10-17-17 from the previous meeting were simple and that tlie Nakamuras and their consultants compliec�with the requests. Mr. Fields stated that his clients presented their home at the field visit with the proposed changes to allaw the Planning Commission to see what will be constructed. Mr. Fields stated that he believed that this project was not blocking any view if there is a slight increase in the height of the home because 26 Cir�chring Road is significantly upslope from 24 Cinchring Road. Mr. Fields would like the project ta move farward. He indicated that the Nakami,�ras are aware that they did have the property red tagged and apologize for that. Mr. Fields stated that his clients want to rnove forward with the construc�ion and build a home they can live in that complies with the codes as approved by the Planning Commissian and,ultirnately, all gov�rnmental agencies. Charles Belak-Berger, Architect for the Nakamuras, commented that the Nakamuras have b�en residents for a number of years and experienced a fire that burned down their home. He state�that his clients are now requesting appra�al for an impro�ed project that he feels does not obstruct the view of any neighbor. Mr. Belak-Berger indicated that the project is scaled down and that his clients have done as much as they possibly can to open up further view potential on the edges of the building by bringing mare hip roof. He stated that the projec#is two feet above what was originally approved and will have this figure certified. In response to Commissioner Seaburn's quest�on, Mr. Belak-Berger stated that the additional height is for a mezzanine. Chairn�an Chelf expressed concern with�he applicant buiiding the project three feet tal�er than what was approved by the Planning Commission. Mr. Fields stated that the proposal is within the standards that do exist and that he took photographs that showed the driveway of the home upslope obstructs the view more than any house below it. He provided photographs for the Planning Commission. Larry Hall, Attorney for Dr. Elliott Brunner, commented that the package submitted by Mr. Fieid's office referenced one violation as insignificant. He stated that he provided five binders that outline the history of the project. Mr. Hall stated that the project started when the approved plans were approved by the Co�ty Building Department, the Rolling Hills Community Association {RHCA) and the City on Apr�l 11, 2013, and then a permit was issued on June 23, 2014. He indicated there was a preconsttuction meeting, pursuant to the City's guideiines, and that the Nakamuras and their daughter were in attendance according to the sign-in sheet. Mr. Hall stated that the Nakamura's contractor during this time was not listed as a licensed contractor under the Contractors Sta#e License Board. Mr. Hall introduced contractor Dan Martinez. Mr. Hall indicated that the Nakamuras hired Mr. Martinez after the previous contractor. Mr. Hall stated that a large amount of cons�ruc�ion had already begun and it is not known who did all of the construction work. Mr. Hall stated that a massive basernent was built that did not exist on the plans. Mr. Hall indicated that he took the deposition of Bizhan Khalee�i, tlie first Architect. Mr. Hall stated that Mr. Martinez is a licensed contractor and that Mr. Martinez asked the Nakamuras for �e plans tliat had been approved. Dan Martinez, 6 Strawberry Lane, Rolling Hills Estates, commented that the plans were not given to him by tne Nakamuras. He stated that he is a licensed contractor. Mr. Hall �urther stated that Mr. Martinez was working on the project until the stop work order was issued by the County Building Department on October 26, 2015. Mr. Hall asked Mr. Martinez if he had ever seen approved plans. Mr. Martinez stated that he viewed approved plans at the�ery end of the project; however, the plans were not for the work he did. Mr. Martinez stated that after the stop work order was issued the Nakamuras wanted him to continue with the roof; hawever, he declined to continue working an the roof. Mr. Martinez stated that he asked the Nakamuras for payment; however, he did not receive payment. Mr. Martinez indicated that he is currently in litigatian w�th the Nakarnuras. Mr. Hall stated that the RHCA issued a stop work order indicating that the only item that was permitted to be done was the �vinterization with a tarp. Mr. Hall continued with a discussion of the history of the project. Vince DiBiasi, Architect, stated that he believed the Nakamuras raised the floor levels and plate �eve�s beyond the approved plan. -4- Minutes Planning Cornrnission Meeting 10-i7-17 IVir. Fie�ds stated tl�at Mr. DiBiasi was hired by Mr. Hall to provide testimony. He indicated that Mr. Martinez did substandard work for the Nakamuras and this was the reason why Mr. Martinez was terminated by the Nakam�aras. Mr. Fields stated tl�at the Nakarnuras want to mave forward with the project. Mr. Fields stated that new plans have been submitted that are well within the current standards of the City. Mr. Fielc�s stated that once the home is constructed it will be an attractive home. Planning Director Schwartz provided clarificatian that the newly subrnitted plans were approved in concept by the RHCA, not by the City. `� Clint Patterson, 22 Georgeff Road, commented that he takes offense to the public comments made previously that no one is being impacted by this project. Mr. Patterson stated that everyone in the City is impacted and that there are limited resources in the City that are being wasted by the repeated applications and disregard of the regulations. He stated that the project is an eyesore and would like a time limit placed on the project. l�r. Martinez commerrted that he has been warking in the City since 1983 and has built many homes in the City. He s�ated that all his clients were satisfied with his work. Mr. Martinez stated that many assumptions have been made about him without�acts. Hearing no further public comments, Chairtnan Chelf clased the pubIic hearing. Commissioner Seaburn commented that the Nakamuras should have built what was approved and this is what they need to carnply with. Commissioner Cardenas concurred wi�h Commissioner Seaburn's comment. He opined that the project does impact the view as it is a large structure and that there is not a reasonable justification for the raised roof. Commissioner Cardenas stated that he is not inclined to support the applicant's r�quest. Camm�ssianer Cooley concurred with Commissioner Cardenas' comrnents and believes that the intention was to build the projEct larger than what was approved. Commissianer Cooley stated that the project should be brought back to the original approved plan. Chairman Chelf agireed with the aforementioned comzx�ents and indicated that ttie massing is not appropriate. Chairman Chelf did not support the app�icant's request. Commissioner Cardenas moved that the Planning Cornmission deny the applicant's request as presented in Zoning Case Na. 932 at 24 Cinchring Road, direct staff ta prepare a Resolution of denial and direct staff to draft language in the Resolution that includes a one year extension for construction from the original deniat date of the proposed project. Commissioner Seaburn seconded the motion,which carried without abjection(Kirkpatrick absent). ZONING CASE NO. 922 -Modifieation. Request for a Modification to a Site Plan Review to canstruct additiona190 square feet to a previously approved 4,859 square foot residence (fot a total o� 4,949 sq.ft. residence} and 1,232 square foot garage. Other pre�iausly approved improvements include, a 560 square foot swimming pooi and spa, with outdoor amenities, 688 square foot guest hause, an up to 6' high privacy wall and exceedance of disturbance of the lot, at 0 Poppy Tra'rl(Lot 90-B1- RH), (Serpa}. The project is categorically exempt (Class 3- Section 15303) pursuant to the California Environmental Quality Act(CEQA) Guidelines. Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz `� reviewed the applicant's request in Zoning Case No. 922 - Modification at 0 Poppy Trail. She stated that the applicant is proposing to revise the previously approved Site Plan Review project by adding an additional 90 square feet ta the residence, for a total residence of 4,949 square feet and raise the roof by no more than 10 inches. Chainnan Chelf called for public camment. C�earge Sweeney, Architect for the applicant, stated that his applicant's request is for an additional 90 square feet to enlarge the bedrooFns for their children. He stated that the ridge height increase is not related to the additiona190 square feet and is a matter that falls under�he RHCA's purview. Mr. -5- Minutes Planning Commission Meeting �o-1�-i� Sweeny commented that the fieid trip conducted this morning was productive and requested consideration for approval of his applicant's request. Commissioner Seaburn mo�ed that the Planning Commission approve the Request for a Modification to a Site Plan Review to cons�ct an additionat 90 square feet to a previously approved 4,859 square foot residence (fot a total of 4,949 sq.ft. residence} and 1,232 square foot garage in Zoning Case No. 922 - Modification at 0 Poppy Traii. Commissioner Cooley seconded the motian, which carried without objection(Kirkpatrick absent). NEW PUBLIC HEARINGS None. NEW BUSINESS A. Presentation and Discussion on State regulations for Accessory Dwelling Units. Chairman Chelf introduced the item and askec� for staff's comments. Assistant Planner Stewart presented a summary of the State regulations for Accessory Dwelling Units (A.DUs). She stated that the City has cliscretion in deciding whether or not to adopt the State law to gavern ADUs or adopt ati ordinance that modifies it more to the City's conditions. Assistant Planner Stewart discussed the following items: 1) The City can set standards in areas such as unit size, parking and fees as long as they are not deemed arbitrary, excessive and burdensame, which means the City cannot prohibit the construction of the ADUs; 2) The standards that the City typically reviews such as replacement parking, height, setback, and lot coverage, can still be in place as long as the standards are not burdensome that they prohibit new ADUs; 3) The City can determine the rental terms, currently the Ciry has in place no less than 30 day rentals; however, under the State law this is nat in place. If the City decided to adopt an ordinance, that is an item that the City might consider including; 4) The City does not have discretion over outright prohibition of ADUs and cannot change the administrati�e approval process or deny an ADU based on items such as septic systems, caverage limits or parking requirements; 5) 'The City cannot stipulate who lives in an ADU; however, the City can designate wha can live in a Junior ADUs; 6) The City can require that an owner occupy one of the two units; 7) Tlie City cannot require separate passage ways; 8) There is no prohibition for converting an existing garage and there is no setl�ack requirement; 9) The City cannot make an ADU laz�ger�hati what is allowed by State law; and 10}There is no parking required for ADUs within a half mile of public transportation. Assistant Planner Stewart noted that there are bus stops within a half-mile perimeter of the City. Assistant Planner Stewart reviewed the appraval process and discussed a proposed ordinance for cansideratian by the City. Assistant Planner Stewart stated that the intent af#he presentation was to inform the Planning Commission because the City is restricted in what can be adopted and to receive directian on drafting an ordinance if desired by the Planning Commission. Discussion ensued concezning guesthouse requirements. Assistant City Attorney Karpeles stated that she could prepaze a draft ordinance that highlights the areas where the Planning Cammission has the ability to designate discretionary boundaries. Chairman Chelf requested that Assista�t City Attorney Karpeles draft an ordinance as close to the City's regulatians as possible. Discussion ensued concerning unit sizes, square feet ranges, and the process to recommend a proposed ordinance to the City Council. ChairFnan Chelf called for public comment. Richard Boos, 22 Georgeff Road, inquired about septic tank requirements. Assistant Planner Stewart responded that the Public Health DeparEment requirernents would be included as part of a plan. Leah Mirscl�, 4 Cinchring Road, commented on the conversion af barns in the setback and suggested that staff review this matter. -6- Minutes Planning Cammissian Meeting �a-i�-i� By consensus, the Planning Comrnission directed staff to prepare a draft oxdinance for consideration by the Planning Commission. SCHEDLTLE OF FIELD TRIPS ovember 21 2Q17 �'lie Planning Cornmission scheduled a field trip to the following property to be held on Tuesday, I�Tovember 21, 2017 beginning at 7:30 a.m. S Crest Raad East � OLD BUSINESS rTone. ITEMS FROM STAFF Planning Director Schwartz pravided updates on the �oliowing items: 1) Proposed Marijuana Ordinance — City Council removed the a�lowance for outdoor cultivation and will cansider the second reading at their next City Councii meeting on October 23, 2017; and 2) Proposed View Ordinance—City Council rejected that the City take on only an advisory role and adopted to have a quasi judicial role; however, upon additiona� consideratian the City Council approved the advisory role as originally recommended by the Planning Commission. A second reading will be conducted at the City Council meeting of October 23, 2017. ITEMS FROM THE PLANrTING COMMISSION None. ADJOURNMENT Hearing no further business before the Planning Commission, Chairman Che1f adjaurned the meeting at 7:57 p.m. to an adjourned regular meeting of the Planning Commission scheduled to be held on Tuesday, November 21, 2017 beginning at 7:30 a.m. for the purpose af conducting a site visit to 8 Crest Road East. The next regular meeting af the Planning Commission is scheduled to be held on Tuesday, November 21, 2017 beginning at 6:30 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, Caiifornia. Respectfully submitted, � Y tte Hall City C1erk Appraved, ,,,� ;>? �V . a f �� V� . � :fi � .�. �.,-aa� � B�d Chelf m �airman = -7- MinUtes Planning Commission Meeting 10-17-17