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.
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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
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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
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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.
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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.
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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.
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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,
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Y tte Hall
City C1erk
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�airman =
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