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06-25-19PCMinutes.pdf ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION CITY OF ROLLING HILLS 6:30 PM TUESDAY,JUNE 25, 2019 ROLLING HILLS CITY HALL 2 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 CALL MEETING TO ORDER An Adjourned Regular Meeting of the Planning Commission of the City of Rolling Hills was called to order by Chairman Chelf at 6:32 p.m. on Tuesday, June 25, 2019 in the City Council Chamber, at City Hall,2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL Commissioners Present: Cardenas, Cooley, Kirkpatrick, and Chairman Chelf. Commissioners Absent: Seaburn(excused). Others Present: Yolanta 5chwartz, Planning Director. Jane Abzug, Assistant City Attorney. KarlaRangel,Administrative Clerk. William Hassoldt, 15 Portuguese Bend Rd. Gary Wynn, Wynn Engineering Kathleen McGowan, McGowan Consulting. APPROVAL OF THE AGENDA Approved as presented. PUBLIC COMMENTS ON MINUTES AND ANY ITEM NOT ON THE AGENDA None. APPROVAL OF MINUTES Assistant City Attorney, Abzug clarified that Planning Commissioners do not need to recuse themselves on approving minutes for meetings that contain items from which they have been recused. She stated that when a recused member is voting to approve minutes they are confirming that the person that prepared the minutes accurately reflected what happened in that meeting, so that their recusal has been recorded. May 21, 2019,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 May 21, 2019 as presented. Commissioner Caxdenas seconded the motion, which carried without objection(Seaburn absent). May 21, 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 May 21, 2019 as presented. Commissioner , Cardenas seconded the motion,which carried without objection(Seaburn absent). January 15, 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 January 15, 2019 as presented. Commissioner Cardenas seconded the motion, which carried without objection(Seaburn absent). Minutes Planning Commission Meeting 06-25-2019 RESOLUTIONS RESOLUTION NO. 2019-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT FOR GRADING AND CONSTRUCTION OF A NEW STABLE WITH A LOFT IN ZONING CASE NO. 953 AT 13 PORTUGUESE BEND ROAD, ROLLING HILLS, CA(LOT 77-RH), (CARDENAS). Chairman Chelf stated that there are two recused Planning Commissioners for this case, one of who is present. Assistant City Attorney Abzug stated that an issue had come up as to whether the two recused Planning Commission members have had any communication with the three remaining Planning Commissioners on this item. She gave an overview, as discussed at the January 15th, 2019 meeting stating that the Political Reform Act prohibits a public official with a financial interest from participating in or influencing a government decision in which he/she has a financial interest. She stated that the Fair Political Practices Commission issues regulations that implements the Political Reform Act, and specifically, regulation 18707 allows a public official who has recused himself/herself to give public comment on an item so long as they disclose the financial interest, i.e. residence, that the member recuse himself/herself and leave the dais to speak from an area where general members of the public speak, that public official can then listen to the deliberations and listen to the public comment on that item. She stated that at the December 12t" 2018 Regular Meeting of the Planning Commission, both Commissioner Cardenas and Seaburn recused themselves from participating in the item due to the location of their residence and gave public comment on the item that was limited to the effect of the project on their property. Assista.nt City Attorney Abzug stated that the Planning Commission re scheduled the field trip to the January 15, 2019 Adjourned Regular Meeting and again commissioner Cardenas and Seaburn both recused themselves. She stated that the Planning Commission then voted to continue the public hearing to the evening meeting of January 15, 2019 again Commissioners Cardenas and Seaburn recused themselves. She stated that Commissioner Cardenas gave public comment on the effects of the project on his property. She stated that the Planning Commission then voted to direct staff to prepare a resolution of approval. She stated that this is what is before the Planning Commission today. She asked the Planning Commissioners to disclose any conversations they may have had with the recused Plaruiing Commissioners and the extent of those conversations if they had them. Vice Chair Kirkpatrick, Commissioner Cooley, and Chair Chelf each stated that he/she has not had any conversations, in regards to the project, with the recused Planning Commissioners. Assistant City attorney Abzug then asked the Planning Commissioners if they had any thoughts that would prevent them from being fair and impartial, considering the evidence, and rendering a decision on this item. Commissioner Cooley, Vice Chair Kirkpatrick, and Chair Chelf each stated that they have not had any. Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz gave a brief overview of the project and stated that in February the Planning Commission directed staff to bring a Resolution approving the project; but that due to lack of quorum the Resolution was not able to be acted on until today. She stated that this is an amended resolution that addresses additional findings and facts in support of the findings. She stated that two new additions were added during the proceedings, and the loft requirement was also added. She stated that she received another letter from Dr. Gebhard, who is a property owner objecting this project, since the last meeting. She stated that it is dated for February 13, 2019. She stated that in his letter, Dr. Gebhard reiterated his concerns, which he has expressed in previous letters, those concerns include, mass, height, size of project, loss of privacy, loss of air, light, and questioned the septic system in relation to the stable. He also questioned the process, with the other Planning Commissioners being colleagues of Commissioner Cardenas, would they be fair. She stated that the Assistant City Attorney addressed this. She stated that the letter was included in the packet. In response to Chair Chelf, Planning Director Schwartz clarified that this project does not require the lot to be disturbed any further than what it is now. In response to Vice Chair Kirkpatrick, Ms. Schwartz confirmed that the letter in question was dated Feb. 13, 2019. Chairman Chelf called for public comment. Mr. Hassoldt, owner of 15 Portuguese Bend Rd., stated that he objects to the project on 13 Portuguese Bend Rd. He stated that Mr. Cardenas has not undergrounded all of the utility wires on his property as Minutes Planning Commission Meeting -2- 06-25-2019 required by the City. He stated that there is a pole on his property that feeds Mr. Cardenas' property, and that Mr. Cardenas has stopped the undergrounding work being done on his property. He stated that he has tried to speak to Mr. Cardenas in regards to the undergrounding work, but he has been unapproachable. He stated that another area of concern is an Edison vault that feeds his property, and Mr. Cardenas' property. He stated that it needs to be repaired, but Mr. Cardenas has not granted Edison permission to access his property in order to make the repairs. He gave the Commission pictures and stated that he will be going to the City Council with his concerns, but asked that the Planning Commission schedule a field trip to view the South side of 13 Portuguese Bend Rd. Assistant City Attorney, Abzug stated that the Planning Commission is considering a resolution, so public comment is reserved for comments in regards to the resolution and not , to re-open the public hearing. Chair Chelf stated that for this project, the field trips, which included visits to neighbors' properties, have already taken place. Vice Chair Kirkpatrick stated that his comments on the project are the same as before. He commented that the location of the barn is in the same location as it was before. He stated that when he viewed the property he did not see a great impact. He commented that it is not right next door to the neighbors' house and that although it is visible, it is a great improvement to what was there before. He commented that the structure is larger than the previous one, but it is operable for what we do here in the City, and it fits on the site. He stated that he approves of the project. Commissioner Cooley stated that she read through the minutes and all of the documents, including the February 13, 2019 letter from Dr. Gebhard. She commented that in regards to the three new items in the most current letter from Dr. Gebhard 1) the septic system will need to be in accordance with the County Codes 2) boarding of horses is not allowed 3) there should be strict guidelines in regards to lighting on that side of the house to allow for privacy. She stated that she stands by her previous comments in regards to this project. She stated that she feels the project should move forward as is. Following public comment and discussion, Commissioner Cooley moved that the Planning Commission adopt the amended Resolution No. 2019-08 granting approval of the applicant's request in Zoning Case No. 953 at 13 Portuguese Bend Road as presented. Vice Chair Kirkpatrick seconded the motion, which carried without objection (Cardenas recused, Seaburn absent). RESOLUTION NO. 2019-11. A RESOLUTION OF THE PLANNING __ __ _ COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING 689 SQUARE FOOT STABLE, TO A MIXED-USE STRUCTURE 1N ZONING CASE NO. 959 AT 49 EASTFIELD DRIVE (LOT 33-EF) ROLLING HILLS, CA, (WALDMAN). Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz gave a brief overview of the project and stated that at the May meeting the Planning Commission directed staff to bring a Resolution approving the project; She stated that this is an amended Resolution from what was provided the Commissioners in their packets, addressing findings. Chairman Chelf called for public comment. Hearing none, he closed the public comment segment. Commissioner Cooley commented that she has no issues with the project. She stated that she would vote to approve the Resolution. Commissioner Caxdenas commented that the structure could be re converted as a barn if the owners chose to do so. He commented that it fits with the lay out of the property. Vice Chair Kirkpatrick commented that he agrees with the Commissioners' comments. Following public comment and discussion, Commissioner Cardenas moved that the Planning Commission adopt the amended Resolution No. 2019-11 granting approval of the applicant's Minutes Planning Commission Meeting -3- 06-25-2019 request in Zoning Case No. 959 at 49 Eastfield Drive as presented. Vice Chair Kirkpatrick seconded the motion,which carried without objection(Seaburn absent). RESOLUTION NO. 2019-10. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW RESIDENCE, SWIMMING POOL, RETAINING WALL, VARIANCE TO EXCEED HE MAXIMUM PERMITTED DISTURBANCE ON THE LOT AND FOR ENCROACHMENT OF A RETAINING WALL 1NT0 SIDE SETBACK; AND CONDITIONAL USE PERMIT FOR A STABLE AND CORRAL IN ZONING CASE NO. 955, AT 1 POPPY TRAIL, (LOT 90-B2-RH) ROLLING HILLS, CA, (YEH). Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz gave a brief overview of the project and stated that at the May meeting the Planning Commission directed staff to bring a Resolution approving the project; She stated that this is the amended Resolution addressing findings of the approval, and that no conditions were amended. She stated that since the last meeting we received a letter from a neighbor at 3 Poppy Trail. She stated that they were concerned that their property would be visible from the new house, and when the two lots were created following the landslide there was a condition added that required the two lots to be screened from the neighbors. Planning Director Schwartz stated that a representative for 1 Poppy trail met with the concerned neighbors and showed them how much of the project would be visible from their residence and showed them a landscaping scheme. The neighbors were satisfied with the project, and they have not expressed any more concerns. Chairman Chelf called for public comment. Garry Wynn of Wynn Engineering inquired about the location and design of the septic tanks. He stated that it would be important to consider since the lot is in a landslide zone. In response to Mr. Wynn's inquiry, Commissioner Cardenas stated the County governs the City's septic ta.nks. Chair Chelf stated that Mr. Wynn can check back with the Planning Department to get more information about the septic tanks' location and design, once it is made available by the Couniy. Commissioner Cardenas commented that he feels the project is appropriate for the building pad, location, and the history of the lot. He commented that the only concern he had was the reason for the long back wall and having that moved forward, but that was explained. He commented that although it's a large project it looks like it is going to be a fantastic project when it is completed. He commented that they did the right thing by keeping the setbacks where they needed to be. He sta.ted that he is ready to approve the project. Commissioner Cooley stated that she agrees with the comments made by Commissioner Cardenas and commented that the project is appropriate for the size of the pad. Vice Chair Kirkpatrick commented that he agrees with the previous comments. He stated that he was not on the tour, but that he read the minutes and staff report. He commented that he does not have a problem moving forward with the approval process as long as the neighbor's concerns were addressed. Chair Chelf commented that this is a challenging lot, because of the driveway and the slopes. He commented that it is difficult to figure out how to lay it out, because it is long and narrow. Following public comment and discussion, Commissioner Cardenas moved that the Planning Commission adopt Resolution No. 2019-10 granting approval of the applicant's request in Zoning Case No. 955 at 1 Poppy Trail as presented. Commissioner Cooley seconded the motion, which carried without objection(Seaburn absent). PUBLIC_HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING None. Minutes P1ai1nulg Commission Meeting -4- 06-25-2019 NEW PUBLIC HEARINGS None. NEW BUSINESS PRESENTATION AND CONSIDERATION FOR ADOPTION OF STORMWATER QUALITY DESIGN GUIDELINES FOR STABLES/ EQUESTRIAN FACILITIES. � Chairman Chelf introduced the item and asked for staff's comments. Planning Director Schwartz gave a brief overview of the proposed stormwater quality design guidelines for the stables/equestrian facilities. Ms. McGowan, City's Environmental Consultant for stormwater, presented on the State requirements and content of the proposed guidelines. She explained how pollutants enter the water bodies, which are regulated by the State. She discussed how the City could prevent run off by following the proposed guidelines, when considering approvals of stables and other equestrian facilities. She reviewed stable siting, drainage design, paddocks/corrals/turnouts/riding rings, manure storage areas, horse wash areas, and vegetated filter strips, biofilter/bioretention systems. In response to Commissioner Cardenas and Vice Chair Kirkpatrick, Planning Director Schwartz stated that these guidelines are not planned to be codified, but that the City is mandated by the State to reduce run off from equestrian facilities to the stormwater system. In response to Commissioner Cooley, Planning Director Schwartz stated there would be added cost to construction, whether it is a home or a stable, with maintenance of cisterns, and bio filtration units for example. She stated that following the recommended guidelines would mean that the City would have to be more diligent when considering the siting of stables on properties. She stated that the City will want to look at how close a stable is to a slope, how steep of a slope it is, and whether there is natural drainage. Assistant Attorney Jane Abzug stated these are guidelines and they will not be adopted into the Rolling Hills municipal code. She stated that they would be used to guide the Building Department and the Commission with sitting. She stated that it might not always be possible to follow the guidelines for every property. In response to Chair Chelf, Planning Director Schwartz stated once these guidelines are approved by the Planning Commission they will be presented to the City Council for their approval. Chair Chelf commented that it would be beneficial for the Commission to have more dialog on the matter before approving the guidelines. He stated that although he understands the need, he would like to better understand the consequences. Commissioner Cardenas commented that he agrees with Chair Chelf in the need for there to be more dialog and better understanding of the matter before the Commission can reach a decision. Planning Director Schwartz stated that although the guidelines are not mandatory, the City does have a mandate by the State to reduce the pollutants that are entering the bodies of water which are monitored and stated that there have been recorded exceedances of pollutants related to equestrian uses. Ms. McGowan stated that there is room to revise these guidelines to make them more flexible. Following Ms. McGowan's presentation and discussion, the Planning Commission did not adopt the stormwater qualiiy design guidelines for stables/equestrian facilities. They requested that �- staff look into the effects of the proposed guidelines on future construction of stables in the City, and to provide more information in regards to stormwater requirements in general. OLD BUSINESS None. Minutes Planning Commission Meeting -5 - 06-25-2019 SCHEDULE OF FIELD TRIPS (Jul�- 16, 2019} The Planning Commission scheduled a field trip to the following properties to be held on July 16, 2019 beginning at 7:30 a.m. 3 Roundup Road ITEMS FROM STAFF Planning Director Schwartz informed the Planning Commission that the City Council took 5 Flying Mane Lane and 13 Portuguese Bend Road under review. She then informed the Commission that staff is working with the Nakamuras to reconstruct their house. ITEMS FROM THE PLANNING COMMISSION None. ADJOURNMENT Hearing no further business before the Planning Commission, Chairman Chelf adjourned the meeting at 8:14 p.m. to an adjourned regular meeting of the Planning Commission scheduled to be held on Tuesday, July 16, 2019 beginning at 7:30 a.m. for the purpose of conducting a site visit to 3 Roundup Road. The next regular meeting of the Planning Commission is scheduled to be held on Tuesday, July 16, 2019 beginning at 6:30 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California. Respectfully submitted, � _�1� Cit � C'lerk k` Approve�,� � � ra� �'�elf Chairman Minutes Planning Commission Meeting -6- 06-25-2019