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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. 384 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. -2- 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. -3- 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 -4- 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 -5- M 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 mr-10 0