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
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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&.
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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...
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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
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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
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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.
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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
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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
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