01-15-19PCMinutes.pdf REGULAR MEETING
OF THE PLANNING COMI�RSSION
CITY OF ROLLING HILLS
6:30 PM
TUESDAY, JANUARY 15, 2019
ROLLING HILLS CITY HALL
2 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274
CALL MEETING TO ORDER
A regular meeting of the Planning Commission of the City of Rolling Hills was called to order by
Chairman Chelf at 6:33 p.m. on Tuesday, January 15, 2019 in the City Council Chamber, at City Ha11, 2
Portuguese Bend Road, Rolling Hills, California.
ROLL CALL
Commissioners Present: Cardenas, Cooley, Kirkpatrick, Seaburn and Chairman Chelf.
Commissioners Absent: None.
Others Present: Yolanta Schwartz, Planning Director.
Jane Abzug, Assistant City Attorney.
Julia Stewart, Senior Planner.
Karla Rangel, Administrative Clerk.
Deborah Richie-Bray, Richie-Bray Architects, 15 Georgeff Road.
Mrs. Gebhard,Neighbor, 11 Portuguese Bend Rd.
Dr. Gebhard,Neighbor, 11 Portuguese Bend Rd.
Sanford Davidson, Speaker on behalf of Dr. and Mrs. Gebhard.
Sean Cardenas, Applicant, 13 Portuguese Bend Rd.
APPROVAL OF THE AGENDA
Approved as presented.
PUBLIC COMMENTS ON MINUTES AND ANY ITEM NOT ON THE AGENDA
None.
APPROVAL OF MINUTES
December 19, 2019 Regular Meeting of the Planning Commission
Commissioner Cooley moved that the Planning Commission approve the minutes of the Regular Meeting
of the Planning Commission held on December 19, 2017 as presented. Commissioner Cardenas seconded
the motion,which carried without objection.
December 12, 2018 Adjourned Regular Meeting of the Planning Commission
Commissioner Cooley moved that the Planning Commission approve the minutes of the Adjourned
Regular Meeting of the Planning Commission held on December 12, 2018 as presented. Commissioner
Cardenas seconded the motion,which carried without objection.
RESOLUTIONS
RESOLUTION NO. 2019-01. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO CREATE
A PARKING PAD WITHIN 30 FEET OF THE ROADWAY EASEMENTAND CONSTRUCT
A TRASH ENCLOSURE WITHIN THE FRONT YARD SETBACK IN ZO1vING CASE NO.
948 AT 15 GEORGEFF ROAD, LOT 29-GF, (LAUR.A HATCH).
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Chairman Chelf introduced the item and asked for staff's comments. Senior Planner Stewart reviewed
the applicant's request. She stated that the Planning Commission was sent a new set of plans, because
the applicant made an adjustment to the project. She reviewed the new revised site plan. She reviewed
the revisions to the grading plan. Senior Planner Stewart stated that the special condition of approval
prohibiting storage in the area is contained in the resolution. Senior Planner Stewart stated that the
project is categorically exempt and gave the Commissioners the opportunity to ask questions.
Chairman Chelf called for public comment.
Deborah Richie-Bray addressed the Planning Commission. Ms. Richie-Bray stated that they made some
of the adjustments to the project recommended by the Planning Commission. She stated that with the
adjustments made to the plan, the parking space will now be hidden from the street and they will be able
to landscape the perimeter to make it more visua.11y pleasing.
Chair Chelf expressed appreciation to the landscape architect for listening to the Planning Commission's
recommendations and making the changes.
Hearing no further comment, Chair Chelf closed the public hearing.
In response to Vice Chair Kirkpatrick's question, Planning Director Schwartz stated that there was no
need to change the wording in the resolution since staff had already prepared the resolution, reflecting
the change, in preparation for tonight's meeting.
Following public comment and discussion, Commissioner Cardenas moved that the Planning Commission
adopt Resolution No. 2019-01 granting approval of the applicant's request in Zoning Case No. 948 at 15
Georgeff Road as presented. Vice Chair Kirkpatrick seconded the motion, which carried with one
objection from Commissioner Seaburn.
RESOLUTION NO. 2019-02. A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT TO CONSTRUCT A 660 SQUARE FOOT DETACHED GARAGE AND
VARIANCE TO ENCROACH WITH THE GARAGE AND WITH A RESIDENTIAL
ADDITION INTO THE REAR YARD SETBACK, IN ZONING CASE NO. 952 AT 2
CHUCKWAGON ROAD, LOT 38-A/38-BEF. (KIRMSE/GALVIN).
Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz
reviewed the applicant's request. She reviewed the site plan. She stated that the development standards
all fall within the code. She stated that the lot is disturbed over 56% but that this is an existing condition.
Planning Director Schwartz stated that they are not going to disturb it any further. She indicated that the
resolution was prepared based on the direction of the Planning Commission and staff.
Chairman Chelf called for public comment.
Hearing no comments, Chair Chelf closed the public hearing.
Commissioner Seaburn stated that he had no comment.
Commissioner Cardenas stated that he continues to be comfortable with the project. He stated that the
project is out of necessity. Commissioner Cardenas indicated that even though it doesn't count towards
the additional permeable space, the fact that the old driveway is being landscaped is a positive.
Following public comment and discussion, Commissioner Cardenas moved that the Planning Commission
adopt Resolution No. 2019-02 granting approval of the applicant's request in Zoning Case No. 952 at �
Chuckwagon Road as presented. Commissioner Seaburn seconded the motion, which carried without
objection.
PUBLIC HEARINGS ON ITEMS CONTINUED FROM A PREVIOUS MEETING
ZONING CASE NO. 953
13 Portuguese Bend Road(Lot 77-RH) Rolling Hills, CA, (Cardenas)
PROPOSED PROJECT:
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Request for a Conditional Use Permit to construct a new 2,464 square foot stable with a 758
square foot tack room and a 896 square foot loft; and a Site Plan Review for 1,470 cubic
yards of grading.
Chairman Chelf introduced the item and asked for staff's comments. Chairman Chelf stated that
Planning Commissioner Cardenas would recuse himself, because it is his project, and Planning
Commissioner Seaburn would also recuse himself, because he lives within a 500-foot radius. Senior
Planner Stewart reviewed the applicant's request. She stated that the PC reviewed the project, in the
field, this morning. She reviewed the plans for the project. Senior Planner Stewart indicated that the
applicant provided the city staff with a revised set of plans with a notation that any glazing that was used
in that area would be removable. She showed the view from the neighbor to the south and the view from
the residence, and the view from the back. She stated that the coverages for the property all fall within
the limits, except for the disturbance, but there is no new disturbance being proposed. She indicated that
it is existing legal non-conforming. She stated that there is no proposed export of dirt for the site. Senior
Planner Stewart stated that the planning department did have concerns expressed about the project via
two letters. She stated that the letters were available on the dais and they were also circulated with the
agenda packet. She stated that they expressed a variety of concerns, mostly having to do with massing,
any redirection of water, airflow, any possible conflicts of interest, given the small quorum, the possible
effects on neighboring property values, and the location of the barn itself. She stated the project is
categorically exempt from CEQA.
Chairman Chelf called for public comment
John F. Gebhard, neighbor to the north, stated that he expressed his concerns via two letters and during
the site visit this morning. He indicated that he is concerned about the impacts this project will have on
his and his family's property, on their quality of life, and possibly their property values. He stated he is
ready to answer any questions the Planning Commission may have. He stated that he hopes he and the
Planning Commission can come to a resolution. He stated that his goal is not for the project not to
happen rather he would like the applicants to find different solutions, so the project can be less of a
mass, less high, and less impingent on their property. He stated that he wishes his letters were read.
Chair Chelf stated that the Planning Commission appreciates the letters and appreciate him allowing
, them onto their property, during the field visit, so as to view the project from their vantage point. Chair
Chelf stated that it is difficult to get a real sense of the mass of the project, because right now it is only
flagged.
Mr. Gebhard, stated that he understands the point made by Chair Chelf in regards to flagging. He stated
that he doesn't feel the silhouette is giving him a false impression, beeause he feels the flagging is a
good indication of what will be there later. He reiterated that he feels they will be greatly impacted by
the proposed project, and thus he is concerned.
Mrs. Gebhard stated that she feels like this project came upon them very suddenly. She stated that she
feels impacted by it and feels that other people aren't going to voice their opinions, because in her view,
they will be the only ones negatively affected by it. She stated that in regards to the flags, she does feel
they are representative of the mass, because she watched the silhouette go up, thus she watched how
meticulous they were when measuring. She stated that she feels she will lose her privacy due to the size
of the project. She indicated that she feels there axe other alternatives, to the proposed project, like
reducing its size or changing its location. She indicated that she would like to ha�e the project slowed
down, and she would like to come to a good compromise for both families.
Shawn Cardenas, applicant, indicated that if there is anything he can do to make the project more
amenable to the Gebhard's, he is definitely open to it. He stated that he doesn't feel the project is being
rushed. He mentioned that the project was in front of the PC at the last meeting, but it got pushed to this
meeting, because the property wasn't able to get staked on time. He stated that time isn't a consideration
for them. He indicated that the barn project is wholly within the code and that they are not asking for
any variances. He sta.ted that it is in the exact same spot although slightly larger than the existing barn,
so it can't be put anywhere else. He stated that they can potentially shift it a foot or two, but that is not
going to change the size of the barn. He explained that the size of the barn is built around a four-stall
barn, 12x12, with 3 feet on the end of that for trash, thus making the footprint smaller would eliminate a
stall. He stated that the barn was fully screened form the Gebhard's property, about 3 months ago, before
the fire. He stated that there were 50-foot bamboo shoots around the property that created a full hedge
and explained that when they asked the Gerhards to remove the hedge, they responded that they needed
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the hedge for privacy. Mr. Cardenas stated, that since the fire there has been new plantings on the
Gebhard's side of the fence, and stated that he assumes those are hedged trees that will grow and block
that view again. He stated that he and his family have maintained horses on the property for nearly 13
years. He reiterated that the project is in compliance with the City's code.
Sandford Davidson, friend of Gebhards, Mr. Davidson stated that he is a City Council Member of Palos
Verdes Estates, but is here as a private citizen. He handed out a Google Maps aerial view map of 13
Portuguese Bend Rd. Mr. Davison referenced the City's website "The approval process, size, and
location of barns and stables are currently under review by the City and may change." He stated that
rushing to judgment at this time, not only goes against the welfare of his good friends, the Gebhard's,
but also against the City Council. Mr. Davidson quoted the definition of recusal as defined in the
Webster's dictionary and stated that the fact that two planning commissioners are being allowed to
speak, even though there is an evident conflict of interest, doesn't meet the definition of"recusal". He
stated that in his opinion, the baxn proposed is too large for the location. He stated that the massing for
this barn is perfect, but for a 100-acre ranch in Wyoming, not directly overlooking a neighbor's
backyard, bedroom, and bathroom. Mr. Davison stated that he does not think it is appropriate for a
member of the PC to be bringing this project for review. He stated that the location of the barn impacts
privacy, brings noise pollution, and unpleasant smells from the barn contents. He questioned the
vehicular access to the barn, because he feels this could easily become an auatiliary unit, as now
permitted by the state. He indicated that the 4,400sf proposed for four stalls is unnecessary. He stated
that he would like the project to be denied or sent directly to the City Council as a conflict of interest,
because of the two PC members involved. Mr. Davison reiterated that he came to the meeting as a
private citizen.
Chair Chelf questioned Mr. Davidson's view point that if one is a Planning Commissioner, he/she have
no rights as a private citizen.
The group referred to the Assistant City Attorney, Jane Abzug. Ms. Abzug referenced 2 CCR § 18707
section of the California Code of Regulations for public officials who recuse themselves and that have
residential property interests. She stated that according to the exceptions in this section, the two recused
members may speak as members of the public. Ms. Abzug stated that the cornments from the two recused
Planning Commission members have been narrowly tailored to the effects of the project on the property.
Vice Chair Kirkpatrick stated that the Planning Commission is well aware of its responsibiliiy and
conflict of interest rules. He stated that the Planning Commission follows the rules and that there is
always an attorney present, which is not a common practice for other planning commissions and city
councils. He commented that this group is aware of the bounds of which they are ethically making
decisions. He indicated that a few of them are in the real-estate business, so they know the rules. He stated
that the Planning Commission takes the concerns of residents very seriously. He indicated that the biggest
issue here is that the applicants replacing a barn in the exact location. He stated that the new barn wiil
improve the property. He commented that the applicants are not getting any variances. He stated that
planting the new hedges was a good idea, because once they grow out, they will block the view of the
barn. He indicated that only a small portion of the Gebhard's view will be restricted and it is to the east of
the property, so it won't be directly in line with their house. He commented that he doesn't feel the project
will impact them negatively. He commented that a barn new barn will improve the properiy. He stated
that no one is going to be living above the barn, so the concern with loss of privacy won't be an issue. He
commented that he does not object to the project as it has been drawn up.
Commissioner Cooley thanked everyone that spoke. She commented that the concern in regards to the
equestrian activities is not valid, because the Cardenas family has been engaging in equestrian activities
on the property for a number of years. She indicated that the barn is not outfitted for living space, and the
loft is reserved for hay storage. She stated that the vehicular access is for the fire department use. In
regards to the silhouette, she commented that the scale seems to be in proportion with the height of the
trees. She stated that the impact is not as great as it has been made out to be. She indicated that the barn is
further than the required 35 feet from a residence. She commented that the new barn will be a positive.
She stated that this is a good project, and that it is within the guidelines.
Chair Chelf commented that the Planning Commission takes these matters seriously. He stated that the
planning commissioners viewed the project from the Gebhard's vantage point. He indicated that he agrees
with the comments of the other commissioners, the project does not seem to have a great impact on the
Gebhard's property. He stated that there is an existing barn in the same location, and the only difference is
the proposed loft area. In regards to the barn he stated that barns are a mainstay of this equestrian
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community. He commented that he agrees with the other commissioners that the new barn will increase
the value of the Gebhard's property. He stated that he has no problem with the design of the barn.
Following public comment and discussion, Vice Chair Kirkpatrick moved that the Planning Commission
direct staff to prepare a resolution of approval for project in Zoning Case No. 953 at 13 Portuguese Bend
Road as proposed. Commissioner Cooley seconded the motion, which carried without objection
(Commissioners Cardenas and Seaburn recused).
Chair Chelf commented that the Planning Commission will meet again next month to have another
discussion, and at that point, the project will be approved or denied. He commented that from there it will
go to the City Council. He stated that once at City Council a resident(s) can appeal the Planning
Commission decision to the City Council.
NEW PUBLIC HEARINGS
ZONING CASE NO. 955.
Request for a Site Plan Review for grading
and construction of a new 6,310 square foot residence with 1,360 square feet covered porches,
934 square foot basement and 756 square foot attached garage and a new 1,643 square foat
swimming pool & spa; a Conditional Use Permit for a new 452 square foot stable, and a
Variance for new retaining wall located in the side yard setback. Also proposed are various
outdoor amenities at 1 Poppy Trail(Lot 90-B2-RH) Rolling Hills, CA, (Yeh).
It was recommended that this case be postponed to a date uncertain.
ZONING CASE N0. 954.
Request for Variances for a new 894 square foot attached garage with a basement underneath
the footprint of the garage addition, where portions of both will encroach up to 10' into the
side yard setback and to retain a second driveway on a property zoned OZD-1-Overlay
Loning District, at 9 Williamsburg Lane(Lot 27-RH) Rolling Hills, CA, (MacLean).
It was recommended that this case be continued to the February 19, 2019 Planning Commission field
trip meeting.
NEW BUSINESS
None.
OLD BUSINESS
None.
SCHEDULE OF FIELD TRIPS (Janu��rv 19, 20193
The Planning Commission scheduled a field trip to the following properly to be held on, February 19,
2019 beginning at 7:30 am.
7 Ringbit Road E.
9 Wlliamsburg Rd.
ITEMS FROM STAFF
None.
ITEMS FROM THE PLANNING COMMISSION
None.
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ADJOURNMENT
Hearing no further business before the Planning Commission, Chairman Chelf adjourned the meeting at
7:24 p.m. to an adjourned regular meeting of the Planning Commission scheduled to be held on Tuesday,
February 19, 2019 beginning at 7:30 a.m. for the purpose of conductin6g site visits to 7 Ringbit Road E,
and 9 Williamsburg Rd. The next regular meeting of the Planning Commission is scheduled to be held on
Tuesday, January 19, 2019 beginning at 6:30 p.m. in the City Council Chamber, Rolling Hills City Hall, 2
Portuguese Bend Road, Rolling Hills, California.
Respect.� lly submitted,
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Br. Chelf, Cl�airman
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