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3/14/1988MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA March 14, 1988 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 Pro Tem Murdock at 7:30 p.m., Monday, March 14, 1988. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: CONSENT CALENDAR Councilmembers Heinsheimer, Leeuwenburgh, Pernell, Mayor Pro Tem Murdock Mayor Swanson (excused) Terrence L. Belanger Michael Jenkins L. D. Courtright Betty Volkert Anna Pulido Ann Johnson Tom Black Douglas McHattie Mike Smith William Cross Mr. & Mrs. Yu -Ping Liu Scott Probst City Manager City Attorney City Treasurer Deputy City Clerk Administrative Intern Los Angeles Times Architect South Bay Engineering So. California Edison Resident Residents Resident Councilwoman Leeuwenburgh moved that the items on the Consent Calendar be approved as presented. Councilman Pernell seconded the motion and it carried unanimously. APPROVAL OF MINUTES The minutes of a regular meeting that was held on February 22, 1988, were approved and accepted as written. PAYMENT OF BILLS Demands No. 2712 through 2748, in the amount of $26,208.87, were approved for payment from the General Fund. OLD BUSINESS STATUS OF FLYING TRIANGLE The City Manager reported that there was no new information regarding the Flying Triangle. We are continuing to work with the Corps of Engineers with regard to the implementation of HR -6 legislation. The Corps of Engineers project that the reconnaissance study will begin in June, 1988, and would be completed on or before June, 1989. MATTER OF NAMING STREET IN SUBDIVISION NO. 60, TRACT NO. 30345 City Manager Belanger requested that this matter be continued to March 28, 1988, at which time a final name will be recommended. There being no objections, Mayor Pro Tem Murdock so ordered. NEW BUSINESS RESIGNATION OF PLANNING COMMISSIONER CLIFF BUNDY The City Manager announced that Planning Commissioner Cliff Bundy has tendered his resignation from the Planning Commission, citing a desire to be truly retired. Mr.,Bundy indicated that he I 1 would like to have fewer responsibilities to enable him to have more free time and to travel more freely. The effective date of Mr. Bundy's resignation will be April 1, 1988. However, Mr. Bundy did indicate that he would be willing to serve until a replacement has been found. Resumes have been solicited for the Planning Commission vacancy, in the most recent newsletter. The final date for receipt of those resumes will be April 5, 1988, afterwhich, those that have applied and been deemed the most qualified will be interviewed by the City Council. Mayor Pro Tem Murdock asked that a plaque be prepared for Commissioner Bundy, and City Manager Belanger stated that a plaque is being prepared commemorating Mr. Bundy's many years of dedicated service to the community. PLANNING COMMISSION REPORTS - FEBRUARY 16, 1988 co Zoninq Case No. 354, Herbert Atkinson, 0 Eastfield Drive The City Manager reported that Mr. and Mrs. Atkinson, 0 Eastfield Drive, had requested an encroachment of 9 feet into the minimum front yard setback for the purpose of constructing a In residence addition. Given the topography and the size of the parcel, the Planning Commission decided that it would be appropriate to grant a variance as requested in Zoning Case No. 354. The report of approval of Zoning Case No. 354, a variance request of the front yard setback requirements, was received for the file. Zoning Case No. 355, Yu-Pincr Liu, 39 Crest Road West The City. Manager explained that Zoning Case No. 355 is a request for a Conditional Use Permit for a tennis court at 39 Crest Road West. The City Manager then displayed a site plan, indicating the location of the proposed tennis court, and referred to the vicinity map indicating the location of Crest Road West, the Crenshaw Gate, and the school property in relation to the proposed tennis court. The City Manager reported that during the public hearing which was held by the Planning Commission, two letters of opposition to the location of the tennis court were received. The applicant also wrote a letter responding to the concerns that were expressed in the letters of opposition. After two public hearings and a site investigation, the Planning Commission approved Zoning Case No. 355, a request for a Conditional Use Permit for a tennis court at 39 Crest Road West, by a vote of 3-2. Councilman Heinsheimer said that it was his understanding that all the conditions of Ordinance 215 have been met and all zoning requirements complied with, and that no waivers were requested. The City Manager confirmed that the plan, as presented, is in compliance with zoning Ordinance 215. Councilman Heinsheimer asked the City Manager for an explanation of the phrase "The property shall be developed and maintained in substantial conformance with the site plan . . . contained in the Findings and Report for Zoning Case No. 355, Section III, condition number 2. Councilman Heinsheimer had concerns about the word "substantial". The City Manager explained that it is a term; of art. Typically, plans of this type have not had the benefit of significant soils investigation, and have not been plan checked from a grading and drainage point of view, which, in the process, sometimes requires that plans be modified in order that they comply with the code, but are not modified to the extent that they affect the basic approval of the plan, i.e., they are substantially the same as the plan as approve&. - 2 - Councilman Heinsheimer suggested that in the future the Findings and Report be worded in such a way as to indicate that any variation of the plan would still be required to meet all zoning requirements and conditions of approval, and that any changes would require approval by the City. Mayor Pro Tem Murdock reported that Mayor Swanson had indicated to her that, if Council agreed, she felt it would be appropriate for the Council to consider taking jurisdiction of this zoning case because the Mayor would like to take a field trip to the site to look at the proposed project. Councilwoman Leeuwenburgh stated that she has concerns about the 75 feet between the 011a's property and the proposed tennis court. She feels that is rather close in proximity to the neighboring residence. Councilwoman Leeuwenburgh moved that the Council take jurisdiction in this matter, and Mayor Pro Tem Murdock seconded the motion. AYES: Councilwoman Leeuwenburgh, Mayor Pro Tem Murdock NOES: Councilman Heinsheimer, Councilman Pernell ABSENT: Mayor Swanson The motion failed and the City Attorney informed the Council that the matter was still before them. The City Manager presented the Council with a letter appealing the Planning Commission's approval of Zoning Case No. 355, which was presented to him earlier in the evening, from a resident who lives within the area to be noticed and who had made written comment at the public hearing that was held by the Planning commission, thereby satisfying the appeal requirements, as stated in Section 17.32.140 of the Municipal Code. Mayor Pro Tem Murdock and Councilman Pernell deferred to the City Attorney for direction. The City Attorney commented that the request for appeal should be processed in due course and that if the appeal is proper, the matter will be set before the Council. Councilman Heinsheimer asked Mr. Jenkins for clarification as to whether or not the Council needed to take action on the appeal tonight. The City Attorney explained that the normal procedure is for the City Manager to receive the appeal during normal business hours, afterwhich, it would be brought before the Council during its normal course. Councilman Pernell asked if the appellant is within the twenty day appeal period, and the City Manager verified that the request for appeal is within the twenty day period. Councilman Pernell asked if it is correct to assume that the matter will be brought before the Council to act on as the Board of Zoning Adjustment and Zoning Appeal, and the City Manager said that is correct. Zonina Case No. 356. Georae Taus. 3 Ouail Ridae Road North The City Manager explained that this is a request for a Conditional Use Permit for a guest ;house at 3 Quail Ridge Road North. The City Manager displayed 'a site plan and indicated the location of the guest.. house. It was reported that the Planning Commission held two. -public hearings and conducted a site investigation. The Planning Commission, thereafter, approved zoning Case No. 356, a request for a Conditional Use Permit for a guest house at 3 Quail Ridge Road North. Councilman Pernell asked if there had been any dissent on the Planning Commission vote of approval, and the City Manager stated that there were no dissenting votes from the Planning commission; it was approved unanimously... - 3 - F� 91 The report of approval of Zoning Case No. 356, a request for a Conditional Use Permit for a guest house, was received for the file. Zoning Case No. 357, Malor Lander. 6 Possum Ridae Road It was reported by the City Manager that this is a request for a variance from the front yard setback requirements for the purpose of reconstructing a single family residence at 6 Possum Ridge Road. The City Manager explained that Possum Ridge Road bisects the various properties along that road, thereby making it somewhat of an anomaly. There currently exists a residential structure which encroaches 12 feet into the front yard setback, thereby resulting in a front yard setback of 38 feet. The applicants initially requested an encroachment of 29 feet, which would have resulted in a setback of 21 feet from the roadway easement.. The Planning Commission conducted two public hearings and a field site investigation of the proposed project. The Planning Commission approved a 12 foot encroachment, resulting in a 38 foot setback, as currently exists, with the exception to allow for an encroachment of 24 feet to permit the building of stairs to the main entrance of the structure, per the co plan as submitted. If the plan were to change in any way as it r" relates to the stairway, that particular element of the variance Lo would no longer be valid. Effectively, the Planning Commission has permitted an encroachment into the front yard to the extent that it CD currently exists. Q Councilman Pernell asked how the Commission found, and the City Manager reported that the Planning Commission voted unanimously to approve this variance request, to allow for a front yard setback of 38 feet with the sole exception of the entry stairs. The report of approval was received for the file. TRAFFIC COMMISSION REPORT.- FEBRUARY 26, 1988 12 Saddleback Road - Drivewav Access Relocation The City Manager reported that the Traffic Commission recommends to the City Council approval of a request to relocate he driveway access at 12 Saddleback Road. The Traffic Commission met in the field to evaluate the request by the Agarwals. The City Manager displayed a plan showing the existing driveway and the location of the proposed driveway, which would be to the south and east of the existing driveway. The Traffic Engineer submitted a report that indicates that the location of the proposed driveway access is more advantageous from a safety point of view than is the existing driveway. The Traffic Commission, after review of this proposal in the field, agreed with the findings and recommendations of the Traffic Engineer, and recommends to the City Council that the driveway access relocation be approved. Councilman Heinsheimer moved approval of the driveway access relocation at 12 Saddleback Road, Councilman Pernell seconded the motion and it carried unanimously. PUBLIC HEARING Zoning Case' No. 353, Scott Probst, 33 Crest Road East Mayor Pro Tem Murdock announced that this is a request for a variance to the front yard setback requirements for the purpose of constructing an addition to an existing residence, and a request for relocation of the driveway access. Councilman Heinsheimer questioned whether or not the Council should take action, given that there have been changes made to the plan as indicated in a letter presented to the Councilmembers. The City Attorney stated that the Code is silent regarding this type of situation. It was the opinion of the City Attorney that it would be at the Council's discretion. In view of the substantial revisions to the plan, it might be appropriate to get the Planning - 4 - 92 Commission's review and action regarding the revised plan, however, Mr. Jenkins stated that the Council is not obliged to do since it has been scheduled and noticed as required. Councilman Heinsheimer commented that historically, the Council has been responsible for reviewing decisions of the Planning Commission. If the application changes substantially, then it is the responsibility of the Planning Commission to review the changes and to make a determination and recommendation to the City Council. The Council would be agreeable to waiving additional fees or additional filing of a new application, if it would help to expedite the process. However, the technical review of a new or significantly changed application should be done by the Planning Commission. Councilman Heinsheimer moved to remand Zoning Case No. 353, a request by Scott Probst for a Variance, back to the Planning Commission. Councilwoman Leeuwenburgh seconded the motion and it carried unanimously. The City Manager informed the Council that there were two matters concerning Zoning Case No. 353: one was the Variance request, and the other dealt with a request to relocate the driveway access. A plan was submitted to the Traffic Commission, and ultimately considered by the Planning Commission as part of the total site development, requesting relocation of the driveway access at 33 Crest Road East. The Traffic Commission, after conducting a field site investigation and reviewing a report from the Traffic Engineer regarding this proposal, recommended to the City Council that the request for driveway access relocation related to the property located at 33 Crest Road East, not be approved. Per the revised plan, which has been remanded to the Planning Commission, the driveway access would remain in its current location. However, since there was a recommendation made by the Traffic Commission to the City Council, the City Attorney suggested that the Council either take action on the Traffic Commission's recommendation or that the applicant withdraw the request for relocation of the driveway access. Mayor Pro Tem Murdock asked the applicant, Mr. Scott Probst, which he preferred: to withdraw the request for driveway access relocation, or to have the Council take action on the Traffic Commission's recommendation. Mr. Probst stated that he wished to withdraw his request for a driveway relocation. OPEN AGENDA Mayor Pro Tem Murdock invited comments from the audience on any matter that was not on the agenda, however, she explained that no action would be taken. No one spoke on any item that was not on the agenda. MATTERS FROM THE CITY COUNCIL Findinas and Report of the Planninq Commission Councilman Heinsheimer suggested that the Findings and Report of the Planning Commission on zoning cases, reflect the vote of the Commission. The City Manager stated that, hereinafter, the vote would be indicated in the Findings and Report for each zoning case. MATTERS FROM STAFF Draft Flow Charts: Buildina. Zonina, Plannina. and Subdivision The City Manager explained that staff has prepared some draft flow charts for the Council's review and comment. The purpose of the flow charts is to present in a schematic form and synopsized form the process that a property owner in Rolling Hills can expect with the submittal of a property improvement plan, variance request, conditional use permit request, or some other planning or zoning item, or a subdivision application. Ultimately, when all the comments have been received from the Council, the flow charts will be done in a more professional manner and will be made available as part - 5 - 93 of a packet of information that is given to prospective applicants. It is believed that this kind of,graphic illustration is easier for an individual to understand-th4h,'t6-try to wade through several pages of complicated, legal sounding requirements. The City Manager requested that, after the Councilmembers have reviewed the draft flow charts they forward them to the Members of the Board of Directors of, the Rolling Hills Community Association and their staff because some' of the processes described affect both the City as well as the Association. Mayor Pro Tem Murdock commented that on the flow chart for a Variance and Conditional Use Permit, in the top box, second from the left, she would like to see the word "permission" changed to "review" or something similar. It was her feeling that the word "permission" implies approval by the Planning Commission. It was suggested that Council review and submit comments on the flow charts prior to transmitting them to the Association. Councilman Heinsheimdr commented that the flow charts will be CO useful when completed, and thanked staff for their effort in putting %-' . them together. LO 3 Wildlife Preservation Committee CO The City Manager announced that the Wildlife Preservation < Committee held their first meeting, and all eight members of the committee were present. The Committee took action to do the following: 1. To begin preparing a community survey in an effort to conduct a species audit of the existing wildlife in the community. 2.- Appointed a public information person, Mrs. Pam Munroe, to write information articles to be published in the newsletter, in hopes of raising the consciousness of the public. Her first article was published in the March 10 newsletter. CATV Survev The City Manager reported that, within a week to ten days, a survey would be ready, which would be mailed to all the residents under the masthead of Dimension Cable, the cable television company. The purpose of the survey is to access the demand for cable television in the community. Leaque of Women Voters' Coffee The City Manager announced that he would be speaking at a League of Women Voters' coffee, being held at the home of Phyllis Hutchinson, on March 16. Palos Verdes Estates Board of Realtors City Manager Belanger announced that he would be.speaking at the next meeting of the Palos Verdes Estates Board of Realtors on "Things of Interest and Activities in the City of Rolling Hills as they relate to Real Estate", on April 7, 1988, at 8:30 a.m. Rhvthmic Gvmnastics Reaional ChamDionshiDs The, City Manager regional. championships Chadwick School. Two Laura Howell, will be letter of welcome to Peninsula. Tree Trimmina by SCE announced that on March 19 and 20, the for rhythmic gymnastics will be held at Rolling Hills residents, Lindsey Towle and participating. The City will be preparing a the athletes, as will the other cities on the Mayor Pro Tem Murdock recognized Mr. Mike Smith of the Southern California Edison Company, and invited him to address the - A - M Council on the progress of the tree trimming taking place in the City. Mr. Smith stated that they anticipate completing the tree trimming about the end of March. As requested by the Council, the Southern California Edison Company is trimming slightly more extensively than they have in the past and there have been no complaints from the residents. Also, there have been no service interruptions during the past two wind storms. They are making every effort to maintain the aesthetics of the trees. The additional trimming, in some instances, allows them to do some degree of lacing of the tree. Next year they hope to trim in the same manner that they are this year. MEETING RECESSED TO The meeting the purpose of disc - MEETING RECONVENED The meeting closed session, discussed. There i ADJOURNMENT CLOSED SESSION was recessed to a closed session at 8:20 p.m. for ussing personnel matters. was reconvened at 8:37 p.m. after a recess to at which matters related to personnel were s no action to be taken at this time. Mayor Pro Tem Murdock adjourned the meeting at 8:38 p.m., to the next regular meeting on Monday, March 28, 1988, at 7:30 p.m. APPROVED: Mayor - 7 - City Clerk 61