12/8/1986J
RM
MINUTES OF A
REGULAR MEETING OF THE CITY COUNCIL
CITY OF ROLLING HILLS
A regular meeting of the City Council of the City of Rolling
Hills was called to order at the Administration Building, 2
Portuguese Bend Road, Rolling Hills, California by Mayor Pernell
at 7:30 p.m. Monday, December 8, 1986.
ROLL CALL
PRESENT:
ABSENT:
ALSO PRESENT:
Councilmembers Heinsheimer, Leeuwenburgh,
Murdock, Swanson, Mayor Pernell
None
Terrence 1. Belanger
Harry Gershon
Christina Sierra
L. D. Courtright
June Cunningham
Capt. E. Omohundro
Ann Johnson
Anne La Jeunesse
Michael Stetson
Don Hovis
Mrs. V. Basque
Mr. & Mrs. V. Martinov
Norman Miller
City Manager
Special Legal Counsel
City Attorney
City Treasurer
Deputy City Clerk
Lomita Sheriff
Los Angeles Times
Peninsula News
Attorney
Architect
Resident
Residents
Resident
Councilwoman Murdock moved that items on the Consent Calendar
be approved. The motion was seconded by Councilwoman Swanson and
carried unanimously.
APPROVAL OF MINUTES
The minutes of a meeting on November 24, 1986 were approved
and accepted as presented.
PAYMENT OF BILLS
Demands No. 1762 through 1769, 1771 through 1781 and 1783
through 1787 in the amount of $20,914.54 were approved for payment
from the General Fund, and Demand No. 1770 was voided. Demands
No. '1768 and 1782 in the amount of $4,474.66 were approved for
payment from the Municipal Self Insurance Fund.
RESOLUTION NO. 556, COMMUNITY PARKLANDS ACT OF -1986
Resolution No. 556 entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROLLING HILLS APPROVING THE APPLICATION FOR GRANT
FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986 FOR THE FOLLOWING
PROJECT: CARRIAGE TRAIL was adopted, and the City Manager was
authorized to sign the application and project summary for fiscal
year 1987/1986 by which grant funds under the program in the amount
of $20,000 were designated by the City of Rolling Hills to be
allocated to the City of Rolling Hills Estates for use in the
development of Carriage Trail in that city.
CLAIMS ADJUSTMENT SERVICE AGREEMENT
The Mayor was authorized to execute a claims service agreement
between the City of Rolling Hills and Carl Warren & Co. as
recommended by the City Manager in a staff report dated December
8, 1986, and an appropriation in the amount of $300 was made in
the Self -Insurance Fund for the purpose of compensating Carl Warren
& Co. for basic claim adjustment services.
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December 8, 1986
AMENDMENT OF CITY MANAGEMENT SERVICES AGREEMENT
The agreement between the City of Rolling Hills and Management
Insight, Inc. for City Management services was amended and an
adjustment to the City Manager's compensation was approved as
recommended in a staff report dated December 8, 1986.
PUBLIC HEARING CONTINUED, ZONING CASE NO. 334, MARTINOV 22
Mayor Pernell opened discussion of Zoning Case No. 334 and
noted that the public hearing was continued from the Council meeting
on November 24, 1986 to provide an opportunity for members of the
City Council to visit the site. In reviewing the matter the„Mayor
said a request for a Variance of front setback requirements for
encroachment into the front yard by a residence addition, and a
Variance from height limitation restrictions to permit construction
of an exercise room which would result in habitable area over
habitable area, were approved by the Planning Commission on October
21, 1986. The approval was referred to the City Council for review
at the November 10, 1986 Council meeting. Following review of
the findings made by the Planning Commission, the City Council,
on a 3/2 vote, voted to take jurisdiction of Zoning Case No. 334,
based on opinion that there was insufficient demonstration of
hardship. Mayor Pernell introduced Christina Sierra, a member
of the firm of Richards, Watson & Gershon, attending the meeting -in
the absence.of Michael Jenkins, City Attorney.
Mayor Pernell explained that the City's Zoning Ordinance has
evolved since the incorporation of the City, and amendents to the
Ordinance have been adopted as needed to meet the needs: of certain
areas of the zoning laws. In considering an application, the Mayor
said decisions must be made without considering personalities and
friendship between the applicant and members of the Planning
Commission and City Council. The City Manager explained that the
purpose of a Variance is to grant administrative relief from
provisions of the Zoning Ordinance which cause unnecessary hardship
or practical inconvenience, and is essentially to allow a property
owner to enjoy the same property rights enjoyed by other residents
in the same vicinity and zone. The Manager said that if there
is a particular physical or topographical characteristic that
infringes on that right, the owner has the right to apply for a
Variance from the prevailing Ordinance or Code. Mr. Belanger said
the provisions of State law have been adapted for use by the City.
The City Attorney explained that the State law requires that the
condition of the property be considered, and a determination be
made as to whether the hardship is a result of the condition of
the property, and is not something which has been created by the
owner or applicant. Additionally, granting a Variance may not
grant a special privilege to the applicant that is not enjoyed
by other residents in the same vicinity or zone. Mayor Pernell
invited comment from persons present at the meeting.
Mr. Victor Martinov, the applicant, said he is requesting
a Variance to permit encroachment into the established front yard
of an additional foot, resulting in a change from 33' setback to
321, which was in compliance with zoning requirements when the
house was built. Mr. Martinov said the houses on properties to
the north and south of his property are located 25' from the roadway
easement. With regard to the request for a Variance of height
limitation, Mr. Martinov said it is not a question of habitable
space over habitable space, since his proposed construction will
conform to the requirements for a basement, and his request is
for a Variance from access requirements to the basement, stating
that instead of the single standard door for access permitted by
the Zoning Ordinance, it is his wish to install a door and windows
of a type not permitted under the ordinance. Councilwoman Swanson
asked that finished grade be clarified with regard to the Martinov
residence. Mr. Belanger said that for the purpose of considering
a Variance for that particular portion of the structure, finished
grade would be the floor of the basement, rather than the level
of the existing residence.
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December 8, 1986
Mr. Martinov said the Zoning Ordinance states that a basement
may have one standard door .openi,ngnot to exceed three feet by
six feet eight inches in height''for access to the exterior, to
be accessed by an areaway not to exceed four feet in width. Mr.
Martinov said he proposes to have three doors instead of one standard
door, opening to a fifteen foot landing, and he said the profile
of the structure would be the same, but would require the removal
of 4 1/2 feet of earth, or 15 cubic yards, which is one truckload
of dirt. Another way to accomplish the result, Mr. Martinov said,
would be to enlarge the master bedroom by moving it closer to the
slope, which would result in a full exposure of an entire side
of the basement, and would give the appearance of a full two story
structure in that portion of his home. Mr. Martinov said he is
attempting to comply with requirements of Section 17.04.020 of
the Zoning Ordinance which defines) in part the purpose of the
Ordinance as the orderly planned use of land resources, preservation
of the public peace and the general welfare of the City and its
inhabitants. Mr. Martinov said he interprets this 'as orderly
development which is not harmful, and considers his proposal
W compatible with the intent of the Ordinance. He said his property
Lo has been developed in three levels, with the residence at the upper
0) level, the swimming pool at a level below the residence, and the
LL corral and stable at a third level. The narrow lot and topography
of the land have made this type of development necessary and have
co created a severe hardship. The plan proposed provides a solution
Q to further development of the difficult lot, Mr. Martinov said,
and he explained that because of the limitations of the buildable
area of his property his present home is 2300 square feet and does
not have a dining room. Changes to the Zoning Ordinance since
his home was built have imposed further restrictions, and Mr.
Martinov said it would not be possible to develop the lot under
present building requirements. Mr. Martinov said the pool is 13
1/2 vertical feet below his house, and requires 25 steps between
the pool and house, and for safety and convenience it is necessary
to be able to observe the pool area. He said the unique features
of the property make the request reasonable, since the structure
will not exceed the height limitation specified- in the Zoning
Ordinance, and will remain the same with or without the Variance.
He said the matter before the Council is the removal of dirt from
the site, and approval of three doors instead of one standard door.
Mr. Martinov said the requested change will not be visible from
any other residence, and the request has the support of his
neighbors. He said -the requested Variance would mitigate the
hardship experienced by the occupants of his residence, and would
not be detrimental to any other property owner. Further, Mr.
Martinov said he proposes to use the existing building pad to
accomplish the desired improvements, and will not increase the
lot coverage, since the proposed addition to the front of the
residence will utilize an existing turnaround area, and will result
in better use of the existing buildable area. Mayor Pernell noted
that the size of the residence will increase from 2300 square feet
to 3700 square feet, plus the garage and cabana.
In discussing the request, Councilman Heinsheimer said the
finished grade is not necessarily the level of the basement floor
and the Ordinance requires that the height between the ceiling
of the basement and the finished grade cannot exceed five feet,
with an average of two and one half feet. For further clarification,
Councilman Heinsheimer suggested use of the term "habitable floor"
rather than basement ceiling. He said building the house further
out to result in a two story exposure is not an alternative solution.
The only alternative provided by the Ordinance is not to have a
basement, or to have a basement with limited access as provided
by the Ordinance. Mayor Pernell said habitable space is an issue,
since the Ordinance does not permit habitable space over habitable
space, except over basements, which may have a standard door for
access, and he said the intent is to restrict, not camouflage,
since glazed openings or other doors are not permitted. The Manager
said that is correct, noting that the necessary ventilation devices
for habitation cannot be created under the Ordinance. Restricting
the number of openings renders the space unhabitable under the
Building and Safety Code, Mr. Belanger said, and he explained that
the type of fire rated door permitted would typically be unglazed.
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December 8, 1986
Mr. Don Hovis, the architect, explained that the plan complies
with the Ordinance, and the only request is to have three doors
across the back for access to and observation of the pool area
for the convenience of the owner, rather than the single standard
door permitted. Mr. Hovis reiterated that the structure as proposed
would not be visible from any other residence, and would provide
for the property owner features enjoyed by other porperty owners
in the same vicinity and zone. Mayor Pernell thanked Mr. Martinov
and Mr. Hovis for their presentation to the Council.
Mr. Norman Miller, 4 Chesterfield Road, advised the Council
that he is in favor of the request, stating that Mr. Martinov has
attempted to comply with the intent of the Ordinance -while
eliminating practical difficulties. Mr. Miller said the proposed
Variance will not be seen from the residence of any neighbor, from
any street or from any trail. Further, Mr. Miller said there is
a structure on Crest Road which gives the appearance of a two story
house, because of windows in the attic, and he said it is highly
visible. Mayor Pernell thereafter closed the Public Hearing and
opened the matter to discussion by the City Council.
Councilman Heinsheimer said the request for a Variance of
front setback requirements is not a problem in his opinion; he
is concerned about the possibility of converting a single story
residence to a two story structure. Because the structure can
be built according to the plan whether or not the Variance is
approved, with the exception of installing additional doors,
Councilman Heinsheimer said he would oppose a Variance which would
approve deviating from the approved height limitation. Councilwoman
Murdock said the Zoning Ordinance and General Plan are very clear
in specifying the one story limitation and she opposes altering
the requirement without amending the Code. Since it is possible
to proceed with the construction without a Variance of height
limitation, Councilwoman Murdock said the application does not
meet the intent of a Variance, which is designed to provide the
owner of disadvantaged property an opportunity to enjoy reasonable
use of the property enjoyed by others in the same vicinity and
zone. Councilwoman Swanson said that in response to an expressed
concern that a future owner might extend the use, it is her opinion
that the Council should consider only the matter before it, and
not try to anticipate what a future owner might wish to do.
Councilman Heinsheimer said he expressed the thought that a future
owner could develop a two story structure by merely re -contouring
the property. Councilwoman Swanson said a grading permit would
be required for such future change, and it should not be a concern
of the City Council at this time. Councilwoman Swanson said the
Variance procedure is intended to apply to unusual cases and
difficult properties, and in the case being considered the request
is reasonable, since the buildable portion of the lot is narrow,
the proposed development is not a major change in the structure,
and minimal grading would be required. Councilwoman Swanson said
the proposal would result in a maximum improvement for the owner
of the property and would have minimum impact on the community,
and therefore should be approved. Councilwoman Leeuwenburgh said
she agrees with Councilmembers Heinsheimer and Murdock about the
concept of habitable space over other habitable area, and it is
her opinion that no windows or additional doors should be permitted.
Mayor Pernell said he agrees that the improvment to the residence
can be accomplished in compliance with the Municipal Code, and
would maintain the intent and integrity of the Zoning Ordinance.
Councilwoman Swanson moved that the request for Variances
for additions to a residence on Lot 17 -CF be approved for Mr. and
Mrs. Victor Martinov, 33 Chuckwagon Road. The motion died for
lack of a second.
Councilman Heinsheimer moved that the Council approve the
request for a Variance of front setback requirements, and that
staff be directed to prepare a resolution for adoption at the next
regular meeting approving the request for a Variance of front setback
requirements and denying a request for a Variance of height
limitation for construction on Lot 17 -CF located at 33 Chuckwagon
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December 8, 1986
flm•
Road. The motion was seconded by Councilwoman Murdock and carried
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Swanson, Mayor Pernell
NOES: None
ABSENT: None
STATUS OF FLYING TRIANGLE
The City Manager requested that a litigation session be held
at the close of the regular meeting to discuss matters of litigation
relating to the Flying Triangle. Mayor.Perne`ll s.o ordered.
STATUS OF SANITARY SEWER FEASIBILITY STUDY 1160
The City Manager reported that he contacted the Los Angeles
County Sanitation District regarding the Sanitary Sewer Feasibility
Study, and the District General Manager has assigned a staff person
to work with City staff to identify additional civil engineering
firms and to advertise the Request for Proposal for preliminary
assessment of alternative ways to treat waste water. January 8.,
1987 has been established as the date to receive new proposals,
and a report will be made to -the City Council at their first meeting
in January on Monday, January 12, 1987.
PLANNING COMMISSION ACTION, LA CAZE, ZONING CASE #337
The City Manager reported that at a regular meeting on November
18, 1986 the Planning Commission approved a request by Mr. Norman
La Caze for a Variance for encroachment of a residence addition
into the established front yard on Lot 90-RH located at 24 Portuguese
Bend Road. The information was received for the file.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
Community Calendar
Councilwoman Swanson complimented members of the staff on
the .first issue of the monthly calendar of community events which
was published in December 1986.
Meeting with Members of Palos Verdes School Board
Mayor Pernell said he -and Councilwoman Murdock will. meet --with
representatives of the Palos Verdes Peninsula Unified School District
Board of Education on Thursday,. December 11 to discuss the La Cresta
School site.
MATTERS FROM MEMBERS OF THE STAFF
Reported Sightinq of Wild Animal Tracks -in -Saddleback. --Area
The City Manager reported that in response to reports of
sighting of animal tracks in the Saddleback area identified as
mountain lion tracks, the SPCA will have dogs in the area for the
purpose of tracking the animal, and will attempt to trap the animal.
Mr. Belanger said the evidence furnished by residents in the
Saddleback area consists of paw prints and recordings of the cry
of the animal.
RECESS TO LITIGATION SESSION
The meeting was recessed to a litigation session at 9:00 p.m.
MEETING RECONVENED
The meeting was reconvened at 9:45 p.m. Mayor Pernell announced
that during the litigation session the City Council was presented
with a settlement agreement by the City's attorney for litigation
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December 8, 1986
filed against the City by residents of the Flying Triangle.
Councilwoman Leeuwenburgh moved that the settlement agreement be
approved and executed. The motion was seconded by Councilwoman
Murdock and carried unanimously.
ADJOURNMENT
The meeting was adjourned at 10:00 p.m. to Monday, December
22, 1986 at 3:30 p.m. The Mayor announced that on that date the
meeting would be adjourned to the City's Annual Holiday Open House
from 4:00 p.m. to 7:00 p.m.
City Clerk
APPROVED:
Mayor
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