Loading...
2/13/1989MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA February 13, 1989 A regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Murdock at 7:36 p.m., in the Council Chamber at the Administration Building/City Hall, 2 Portuguese Bend Road, Rolling Hills, California, on Monday, February 13, 1989. ROLL CALL PRESENT: Councilman Heinsheimer, Councilwoman Leeuwenburgh, Councilman Pernell, Councilwoman Swanson, Mayor Murdock ABSENT: None 0 ALSO PRESENT: Terrence L. Belanger City Manager Michael Jenkins City Attorney Larry Courtright City Treasurer Ann Johnson Los Angeles Times co Jim Marquez Architect Q Doug McHattie South Bay Engineering Dr. and Mrs. Henke Residents Dr. Hooshang Pak Resident CONSENT CALENDAR Councilwoman Swanson moved that the items on the Consent Calendar be approved and accepted as presented. Councilman Pernell seconded the motion, and it carried unanimously. APPROVAL OF MINUTES The minutes of a regular meeting of the City Council, held on January 23, 1989, were approved and accepted as written. PAYMENT OF BILLS Demands Nos. 3459 through 3509, in the amount of $107,661.85, were approved for payment from the General Fund. RESOLUTION NO. 584: GRANTING A MODIFICATION TO SECTION 308(b)(3)(d) OF THE BUILDING CODE. FOR 67 PORTUGUESE BEND ROAD Resolution No. 584, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A MODIFICATION TO SECTION 308(b)(3)(d) OF THE BUILDING CODE", with respect to real property located at 67 Portuguese Bend Road, was passed, approved and adopted. RESOLUTION NO. 585: GRANTING A MODIFICATION TO SECTION 308(b)(3)(d) OF THE BUILDING CODE. FOR 69 PORTUGUESE BEND ROAD Resolution No. 585, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF ROLLING HILLS GRANTING A MODIFICATION TO SECTION 308(b)(3)(d) OF THE BUILDING CODE", with respect to real property located at 69 Portuguese Bend Road, was passed, approved and adopted. OLD BUSINESS .i There being none, the Council proceeded with the remainder of the agenda. 264 NEW BUSINESS RESOLUTION ESTABLISHING FILING FEE FOR SITE PLAN REVIEW PROCESS The City Manager discussed the draft resolution for establishing a filing fee for the site plan review process. He noted that the City Attorney indicated there is a statutorial requirement that the matter be noticed to the general public ten (10) days in advance of final consideration. The matter could be discussed but final action could not be taken until the next meeting. The proposed fee is a nonrefundable fee of $750 for the filing of a site plan review application. The proposed amount is similar to a fee requirement for a variance or certificate of compliance or other discretionary action by the Planning Commission. The Mayor requested information on the approximate costs that will be incurred with each filing. The City Manager stated that an itemized list of routine costs associated with processing an application would be available for the February 27 meeting. It was the stated desire of the Mayor and City Council to keep the filing fee as low as possible and still cover costs. Mayor Murdock directed that this matter be held on the agenda for the next Council meeting on February 27. CITY TREASURER EXCUSED. LETTER FROM WILLIAM KING, 92 CREST ROAD EAST, RE: ADVANCED ELECTRONICS SAN PEDRO HILL ANTENNA Mr. King was called out of town on business. Mayor Murdock explained that he would like to request that the Council send a letter, similar to the one that he wrote to the FAA, in support of denying the renewal of the lease. The Mayor mentioned this to the City Attorney who had some concerns about this and felt that it would be more appropriate to discuss this in a litigation session. REPORT ON TRAFFIC COMMISSION RECOMMENDATION - JANUARY 13. 1989 PROPOSED NEW DRIVEWAY TO ACCESS 9 CREST ROAD WEST The City Manager explained that the Council had before them for their review and consideration, a resolution of the Traffic Commission which recommends the approval of the location of a driveway to provide on-site ingress and egress to the property at 9 Crest Road West, where currently, ingress and egress is taken from a neighboring property over a private easement. The Traffic Commission conducted a field investigation and discussion. On the basis of both written and verbal testimony, the Commission recommends that the driveway relocation request by Dr. and Mrs. Pak be approved subject to three conditions. The three conditions are set forth in the Traffic Commission resolution. The City Manager noted that the Traffic Commission had other suggestions related to this particular request. Those suggestions were relayed to the Planning Commission as they were a more logical condition to a Planning Commission action rather than a Traffic Commission action, and those will be found in the list of conditions related to the variance request that allows this driveway to be built. Councilwoman Swanson asked if the applicant had been made aware of the Traffic Commission's recommendations, and the City Manager indicated that the applicants were aware of the recommendations. Secondly, Councilwoman Swanson asked if the property owners that share the current driveway access, Dr. and Mrs. Henke, have a copy of the Traffic Commission's recommendations and if they are in agreement with the recommendations. - 2 - 295' The City Manager reported that the property owners are aware of the recommendations. Dr. Henke: met,,,,on-site at the time of the Traffic Commission's field investigation. He also made a presentation to the Traffic Commission in support of this request. The City Manager indicated that the resolution that will have a substantial effect on Dr. and Mrs. Henke is the Planning Commission's resolution, which has to do with abandonment of private easements and things of that nature. Those were discussed with the Henkes at the time and were incorporated into the Planning Commission resolution. Councilwoman Leeuwenburgh moved approval of the Traffic Commission's recommendation. Councilman Pernell seconded the motion, and it carried unanimously. REPORT ON PLANNING COMMISSION ACTIONS - JANUARY 17, 1989 ZONING CASE NO. 366. JEFFREY FAVER, 5 SOUTHFIELD DRIVE This request for a front yard setback variance to allow for the 00 construction of retaining walls for a driveway to provide access to the building site was denied by the Planning Commission. LO The City Manager reported that Mr. Faver had requested a variance for this property several months ago. At the time that he requested CO this variance, he was instructed, via written communication, that Q certain reports were going to have to be prepared and made available to the Planning Commission before the Planning Commission could proceed any further with his application. After approximately one month, staff communicated again with Mr. Faver regarding the correspondence that had been sent to him. At that time staff indicated that, based on information that existed as a result of earlier construction in that area, a focused environmental impact report would be necessary. The focused environmental impact report would require the preparation of reports related to geology, soils, engineering, et cetera, that specifically address the project being proposed by the applicant. The City Attorney and the City Manager met with the applicant and his architect to discuss this matter. At that time, Mr. Faver was fully informed of what his obligations were to be. After passage of another couple months, the applicant still had not responded in any fashion. The Planning Commission determined that, due to lack of evidence that would allow them to make a determination with the necessary findings, it was in the best interest of the Planning Commission and the City to not carry this application any further on the agenda, and they, therefore, denied the variance application due to a lack of requested information. We have not received any kind of communication from the applicant or his architect since that time, and at the Planning Commission meeting where this action was taken the architect for this project was in attendance and did not speak positively or negatively on the Planning Commission's action. There being no further questions or comments from members of the City Council, the report of denial was received for the file. ZONING CASE NO. 373. SAMAR SIRCAR. 58 EASTFIELD DRIVE This request for a front yard and side yard setback variance for the purpose of constructing retaining walls and remodeling the garage was denied by the Planning Commission. The City Manager reported that Dr. and Mrs. Sircar are proposing to raze the existing residential building at 58 Eastfield Drive, and to replace it with a building of approximately 1,000 square feet larger than the building that currently exists. The new building would also incorporate a basement covering about two-thirds of the floor space of the building. In order to accomplish this they would need a variance from the minimum front yard setback requirement of 50 feet. At the present time, there is a nonconforming encroachment into the front yard of twelve feet. That twelve feet incorporates a portion of the - 3 - 266 garage. Essentially, what the applicant was proposing, as far as the garage was concerned, was a similar kind of encroachment. In addition, the applicant was also asking for an encroachment of a retaining structure that would essentially run from the roadway easement all the way across the front yard setback through the property to the rear of the property, in order to expand the building area and the driveway area. The Planning Commission, after reviewing the applicant's property on-site and meeting with the applicant's architect, determined that the subject property was not exceptionally unique to justify a variance. Granting a variance would, in fact, grant a special privilege to the property owner not enjoyed by other property owners in the same vicinity and zone. Furthermore, the Planning Commission determined that the variance was not necessary for the applicant's ability to enjoy the property to the same extent as other property owners in the same vicinity and zone. There were no additional comments, and the report of denial was received for the file. ZONING CASE NO. 374. STEPHEN TAUS. 7 OPEN BRAND ROAD This is a request for a Conditional Use Permit for a guest house, which was approved by the Planning Commission. The City Manager noted that, more appropriately stated, this is a request to convert the existing stable into a guest house. As a result of that, the applicants are required to comply with a whole list of conditions that are attached to this particular application. Among these is a requirement that a proposed stable site, with the minimum footprint of 200 square feet, be shown on the property, and that access to that stable be demonstrated to be feasible before the application could be approved. Those conditions are incorporated in the Planning Commission's action. It was noted that the Planning Commission's vote of approval on this particular matter was split, 3 in favor and 2 opposed. Councilwoman Leeuwenburgh commented that it appears from the plan that vehicular access to this proposed stable site is not possible and that, in fact, the proposed stable site will be landlocked because of the converting of the guest house. The City Manager explained that when the Planning Commission conducted their on-site visit, it was determined that there were two possible accesses to the stable. The easement that runs along the westerly side of the property is in fact fairly flat, and it's obvious from the site visit, although these contours don't reflect it, that this at one time was used as the access to the stable. Also, this easement runs all the way back, and in walking the easement it was found that access could, in fact, be gained to this site with one caveat and that is that there is a utility pole located in the middle of the easement which would have to be relocated. In fact, there is one condition that speaks to the matter of relocating the utility pole. The other access could conceivably be obtained by constructing a retaining wall, similar to the one that exists there now, thereby facilitating the construction of a vehicular access across the property to the proposed stable. However, this proposed access would not be feasible since the City has a specific prohibition against driveways being located within fifty feet of guest houses. The Zoning Ordinance requires that there be a demonstration that access can be provided. The applicants actually have demonstrated the capability of providing two accesses. The problem is that one of the accesses, given the proposed use of the existing stable, is impossible under the City's rules because the rules also say that you cannot have a driveway going to a guest house. Therefore, there actually is only one access and that's down the easement, which would require the relocation of a utility pole - 4 - 267 Councilman Pernell felt that since there were concerns regarding the possibility of providing.access,,to the proposed future stable, it would be appropriate for the -Council to take jurisdiction of this matter. There being no objections, the Mayor so ordered and directed that this matter be held on the agenda for the next Council meeting to be discussed at a public hearing. ZONING CASE NO. 375, NICHOLAS HORNBERGER, 1 JOHNS CANYON Zoning Case No. 375 is a request for a Conditional Use Permit for a pool cabana to be used as a recreation/exercise room. This request was approved by the Planning Commission. The City Manager reported that this matter was approved unanimously by .the Planning Commission. The cabana would be located to the northeast, on the northeast corner in the area where there is an existing swimming pool. There are associated with this particular 00 approval 13 conditions. r -i Councilwoman Swanson asked if there was access to the stable. The Lo City Manager indicated that there is driveway access to the stable, -� actually located below the area where the swimming pool and residential m building are located. Q There were no additional questions or comments, and the report of approval was received for the file. ZONING CASE NO. 376, HOOSHANG PAK. 9 CREST ROAD WEST This is a request for a front yard setback variance for the purpose of constructing retaining walls for a proposed new driveway. The Planning Commission approved this request. The City Manager noted that this is a report of approval. This matter was discussed briefly in relation to the Traffic Commission's recommendation. There were a couple of other conditions set forth that • were discussed at the Traffic Commission level and were again discussed at the Planning Commission level. The first is that there would be no demolition for building permits issued until the new driveway was constructed. The reason for that relates to condition 10, which states that the two interested parties, Dr. Henke and Dr. Pak, reach an agreement on the abandonment of the joint vehicular access that currently exists. Both at the Traffic Commission level and at the Planning Commission level it was felt that it was important that that access be eliminated and that driveway access to the building pad area of the property at 9 Crest Road West be gained solely from this newly constructed driveway. This condition was discussed with Dr. Henke at some length. Councilman Pernell asked if this will be a new access onto Crest Road and if the old access were going to be abandoned. The City Manager explained that a new access onto Crest Road would be created, however, the old access will not be abandoned; it will continue to be used by Dr. Henke. There were no further questions or comments, and the Planning Commission's report of approval was received for the file. ZONING CASE NO. 377. I.S.C.O. (IVANO STAMEGNA). 4 MORGAN LANE Zoning Case No. 377 is a request for Conditional Use Permits for a guest house and tennis court. The Planning Commission denied this request. Mayor Murdock indicated that an appeal of the Planning Commission's decision had been filed. - 5 - 06:� The City Manager reported that the Planning Commission, after t holding public hearings and an on-site investigation, voted unanimously to deny the applicant's request. Subsequent to that denial, the applicant submitted a letter to the City on January 26, 1989, appealing + the Planning Commission's decision, along with the filing fee for the filing of an appeal. Under the Municipal Code, the City Council, when an appeal is received, must set a public hearing for the purpose of considering the appellants action. The Mayor explained to Mr. Marquez, the applicant's architect, that nothing would be done tonight, and that a public hearing was required. A public hearing was scheduled for the next meeting. ZONING CASE NO. 378, JAMES CERAMI. 14 GEORGEFF ROAD. This is a request for a front yard setback variance to permit the construction of a new garage into the existing nonconforming front yard setback. This request was approved by the Planning Commission. The City Manager explained that, currently, there is an encroachment of twenty-five feet into the front yard setback. That is a nonconforming encroachment. Essentially, what the applicant is proposing is to construct a new garage, which would encroach into the front yard setback the same distance as the existing garage. The existing garage would be converted into living space. The Planning Commission conducted public hearings and an on-site investigation. On the site visit the Planning Commission determined that, for all practical purposes, the applicant was prevented from expanding their property in any other direction except for the direction that is being proposed in this application. In reviewing the physical situation on-site, it was determined that it would be appropriate to grant the request of the applicants. There were no further comments or questions, and the report of approval was received for the file. OPEN AGENDA The Mayor invited comments from the audience. There being none, the Council proceeded with the agenda. MATTERS FROM MEMBERS OF THE CITY COUNCIL PASSING AWAY OF RAY SCHAEFFER, Councilwoman Swanson informed the members of the City Council that Mr. Ray Schaeffer passed away recently. He was a resident of the City for thirty-seven (37) years and served on the Planning Commission and Landscape Committee. Memorial services will be held tomorrow, February 14. REGIONAL LAW ENFORCEMENT MEETING Mayor Murdock reported that there had been a Regional Law Enforcement meeting last week, and the proposals will soon be forthcoming for the increase in patrol services in the other cities. It was not felt that Rolling Hills required, based on the statistics, any additional enforcement. Those recommendations and proposals will be forthcoming. THANK YOU NOTE FROM COUNCILWOMAN SWANSON, Mayor Murdock noted that the Council had received a thank you note from Councilwoman Swanson for the flowers that she received. JOINT MEETING OF CITY COUNCIL REPRESENTATIVES AND COMMUNITY ASSOCIATION, REPRESENTATIVES The Mayor reported that she had received a call from Tom Boyd, as President of the Community Association Board of Directors, indicating his desire and the desire of Mr. Stringfellow to meet with two '.1 M representatives from the City Council to discuss our mutual concerns. Mayor Murdock informed Mr. Boyd that she would bring up the matter to the Councilmembers and that,'the Council would, with the agreement of all members, establish a subcommittee to open some discussions about mutual areas of concern in the City and the community. Mayor Murdock felt that, possibility, this came as a response to a request that she had made that the two bodies get together to discuss various items, not the least of which is implementing the site review process and getting the flow chart in a form that can be useful to the residents and that can be made available to them, and from there discussions could continue on anything else that seems appropriate. LETTERS OF INFORMATION TO FLYING TRIANGLE RESIDENTS Councilman Heinsheimer commented that it might be worthwhile, given that the Council has taken action now on two properties in the Flying Triangle, to have the City Manager write a letter to other properties in the Flying Triangle area informing them of that fact so that everybody knows what has been done and they don't have to find out by random processes. It seems to be a major step that the Council has taken facilitating improvements, and Councilman Heinsheimer is not sure that everybody is aware of that. He believes that it would be constructive if the residents in the area were informed of the situation. After some discussion, it was the general consensus of the Council that this would be appropriate. MATTERS FROM STAFF ALLOCATION OF CDBG FUNDS TO THE CITY OF LOMITA The City has received a report from the County Community Development Department, the department that administers the County's Community Development Block Grant funds, that the City of Rolling Hills is eligible to received $9,300 in CDBG monies in Fiscal Year 1990. The City, over the past several years, has, as a way of meeting its responsibilities under its Housing_ Element, contributed its share of CDBG monies to the City of Lomita with the expressed admonition that the money be utilized for provision of lower income senior citizen housing. The City of Lomita has, in fact, embarked upon a fairly ambitious senior citizen housing program. For the last nine years the City of Rolling Hills has allocated its CDBG funds to Lomita for that purpose. It is staff's recommendation that, once again, the City of Rolling Hills allocate its Community Development Block Grant funds to the City of Lomita for lower income senior citizen housing. Mayor Murdock commented that she had received a letter from the Mayor of Lomita, Hal Croyts, reporting that, as a result of the generous cooperation of the City of Rolling Hills and other participating cities, two separate senior housing complexes totaling 145 apartments are now complete and are fully occupied. Mr. Croyts stated further that the City of Lomita is currently exploring the availability of federal assistance to allow the development of a third senior housing complex. In addition, Lomita is also aggressively moving to rehabilitate substandard houses and apartments, to improve Lomita's housing stock, and to address other community improvement needs. Mayor Murdock remarked that it appears that the City of Lomita is taking a very active roll in attempting to provide for senior citizen housing. It was the unanimous wish of the Council that staff prepare and return with the appropriate resolution approving the allocation of $9,300 in CDBG funds to the City of Lomita. Councilman Pernell expressed his appreciation of the letter from Hal Croyts explaining the disbursement of the monies. - 7 - 270 ALLOCATION OF FAU FUNDS TO THE CITY OF ROLLING HILLS ESTATES The City Manager explained that the City of Rolling Hills receives an annual allocation of Federal -Aid Urban (FAU) monies, which are administered by the Los Angeles County Transportation Commission. For the current fiscal year, $7,200 has been allocated to the City of Rolling Hills. That allocation of money will lapse on June 30, 1989, unless it is either incorporated in a plan to build arterial roads within the City of Rolling Hills or it is allocated for some other purpose. Over the past several years, the City has allocated its FAU monies to the City of Rolling Hills Estates for the express purpose of having those monies utilized for the reconstruction of Palos Verdes Drive North, Phase II. Phase II runs, essentially, from on the other side of the General Store all the way to Crenshaw Boulevard. Rolling Hills has, in fact, allocated the last three or four years' funds, if not more, to the City of Rolling Hills Estates. It is our understanding, in talking with the City of Rolling Hills Estates, they intend to begin that project this year. It would be staff's recommendation that the City Council allocate the $7,200 to the City of Rolling Hills Estates for the express purpose of using this money in conjunction with the reconstruction of Palos Verdes Drive North, Phase II. There was some concern expressed regarding proposals for raised medians on Palos Verdes Drive North. Following a lengthy discussion, it was the consensus of the Council that a letter be prepared and forwarded to the City of Rolling Hills Estates, stating our concerns regarding response time for emergency vehicles if raised medians were to be placed in the roadway. Further, the Council unanimously agreed to approve the allocation of the City's lapsing FAU monies, in the amount of $7,200, to the City of Rolling Hills Estates for the express purpose of being used for the reconstruction of Palos Verdes Drive North, Phase II. PLANNING COMMISSION MEETING CHANGE The City Manager suggested that perhaps the Municipal Code should be amended to increase the number of meetings of the Planning Commission from one per month to two per month, to provide a more expeditious process for the consideration of the applications that are presently coming to the Planning Commission and in anticipation of an increased workload due to the adoption of the ordinance enacting a site review process. This matter was discussed at some length, afterwhich, it was the general feeling of the Council that there currently has not been a demonstrated need for additional meetings. It was noted that the process currently takes approximately seventy-five (75) days and that with the addition of one more meeting per month, it is possible that this process could be reduced to forty-five (45) days, which Councilwoman Swanson felt would be an advantage to the residents. i The City Manager indicated that if the Council desired to see what it would be like to have two meetings a month without going through the formality of amending the Municipal Code, it would simply be a matter of the Planning Commission adjourning their regular meeting for a couple of months in a row, to a meeting two weeks later, just to see what it's like. One of the purposes, if not the primary purpose of proposing two meetings, is to accelerate the process. It was decided to leave the number of meetings of the Planning Commission at one per month until such time as the Planning Commission expresses their need for another meeting. CITY HALL OFFICE RENOVATION The City Manager requested that this matter be continued to the next meeting. 00 7-1 LO D m Q Il 2'71 CITIZEN OF THE YEAR The City Manager announced that Joan Saffo, who is a long-term Rolling Hills resident and has been actively involved in the community in countless capacities, has recently been named the 1988 Citizen of the Year by the Palos Verdes Peninsula Chamber of Commerce and Rotary Club. Mrs. Saffo will be honored at a recognition dinner on Thursday evening, February 16, at the Los Verdes Country Club. CITY COUNCIL RETREAT The City Council retreat that has been discussed previously, is scheduled for March 17-19, at Lake Arrowhead. Several possible topics for discussion have been listed in the staff memorandum. If there are any items that members of the Council would like to see removed from the list, they should contact staff. Also, if there are any additional items that the Council would like to see added to the list they should inform staff so that background information regarding these matters can be prepared. MEETING RECESSED The meeting was recessed at 8:44 p.m. by Mayor Murdock. CLOSED SESSION At the request of the City Attorney, a brief executive session was conducted for the purpose of discussing pending litigation. MEETING RECONVENED The meeting was reconvened at 9:14 p.m. ADJOURNMENT Mayor Murdock adjourned the meeting at 9:15 p.m. to Monday, February 27, 1989, at 7:30 p.m. APPROVED: Mayor t4"' Z City Cl, - 9 -