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4/24/1989MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA April 24, 1989 A regular meeting of the City Council of the City of Rolling Hills was called to order at 7:38 p.m., in the Council Chamber at the Administration Building/City Hall, 2 Portuguese Bend Road, Rolling Hills, California, by Mayor Murdock on Monday, April 24, 1989. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilman Heinsheimer, Councilwoman Leeuwenburgh, Councilman Pernell, Mayor Murdock Councilwoman Swanson (excused) Terrence L. Belanger Michael Jenkins L. D. Courtright Kathy Uros Chief James Corbett Capt. Dennis Gillard Ann Johnson James Marquez Douglas McHattie June Cunningham Mr. & Mrs. Roger Rooney Miss Sarah Rooney Miss Shannon Rooney Robert Faust Curtis Frame Myrna Frame Frank Hill Kenneth Leeuwenburgh Harold Murdock James Robel Ivano Stamegna Theresa Stamegna Ron Warmbier CITY COUNCIL REORGANIZATION City Manager City Attorney City Treasurer City Secretary L. A. Co. Fire Dept. Lomita Sheriff's Stn. Los Angeles Times Architect South Bay Engineering Observer Observers Observer Observer Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident 1 Mayor Murdock explained that it is customary every year to rotate the position of Mayor amongst the Councilmembers. Mayor Murdock reviewed her term as Mayor, during which a View Preservation ordinance was enacted, the Wildlife Preservation Committee was formed, as well as the Wastewater Disposal Advisory Committee, a Site Plan Review ordinance was adopted and the Council held their first retreat to discuss future planning of the City. Mayor Murdock moved that Councilwoman Leeuwenburgh be appointed Mayor. Councilman Pernell and Councilman Heinsheimer seconded the motion. There being no objections, it was so ordered. Councilman Pernell presented outgoing Mayor Murdock with a bouquet of roses and with a framed City plaque, engraved to express the Council's appreciation and commemorating former Mayor Murdock's term of office, and he presented incoming Mayor Leeuwenburgh with a bouquet of roses. Mayor Leeuwenburgh entertained a motion to elect Councilman Heinsheimer as Mayor Pro Tempore. Councilwoman Murdock so moved. There being no objections, it carried unanimously. Members of the audience were invited to join the Councilmembers and the staff at a brief reception celebrating the Council reorganization. CONSENT CALENDAR Councilman Heinsheimer 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 of the City Council, held on April 10, 1989, were approved and accepted as presented. PAYMENT OF BILLS Demands Nos. 3638 through 3666, in the amount of $16,558.69, were approved for payment from the General Fund. FINANCIAL STATEMENT The Financial Statement for the month of March, 1989, was 00 approved and accepted as presented. N -I OLD BUSINESS There were no items for consideration under Old Business. co NEW BUSINESS Q TRAFFIC COMMISSION RECOMMENDATIONS - MARCH 3, 1989 NEW DRIVEWAY AT 60 CREST ROAD EAST, LOT 12 -2 -EF The City Manager reported that the Traffic Commission recommended approval of the proposed new driveway at 60 Crest Road East. A condition of the Traffic Commission's approval was that the tree in easement in the area of the proposed driveway be kept trimmed to ensure adequate sight distance. Further, the Traffic Commission reported their recommendation to the Planning Commission and the driveway configuration was also approved by them. Councilman Pernell moved that the Traffic Commission's recommendation of approval be accepted. Councilwoman Murdock seconded the motion, and it carried unanimously. NEW DRIVEWAY AT 62 CREST ROAD EAST, LOT 12 -1 -EF The City Manager reported that the Traffic Commission recommended approval of the proposed new driveway at 62 Crest Road East. The Traffic Commission conducted a field trip to the site, and their one concern was the effect that the proposed new driveway would have on the driveway for 63 Crest Road East. Therefore, the Traffic Commission recommended that the approval be conditioned upon the driveway being located as far to the east as possible, without necessitating a variance. Further, if the tree that is currently in the easement creates a sight distance problem, the Traffic Commission recommended that the tree be removed. Councilwoman Murdock moved that the Traffic Commission's recommendation of approval be accepted. Councilman Pernell seconded the motion. Councilman Pernell verified with the City Manager that the Traffic Commission thoroughly considered the traffic patterns along this roadway. The City Manager indicated that the Traffic Commission studied the location of both driveways considerably, and noted that their sight distance requirement was more stringent than is usually required. There being no objections, the motion carried unanimously. - 2 - 290 PLANNING COMMISSION ACTIONS - APRIL 18, 1989 ZONING CASE NO. 380. MR. & MRS. DONNE MOEN. 8 CABALLEROS The City Manager reported that this is a request for a Conditional Use Permit for conversion of the existing stable to a guest house, and a request for a variance to the front yard and side yard setbacks to allow for the construction of additions to the existing nonconforming structure at 8 Caballeros Road. The property owners have been informed that the current access to the existing stable would have to be removed if the stable is converted to a guest house, as that access would be in violation of the City's regulations governing guest houses. Access to the proposed new stable location could be gained by way of the Community Association easements. However, a written agreement from the Community Association to utilize the easement for that purpose would be required before the Conditional Use Permit would be issued. There will be no permits issued until a written agreement has been obtained from the Rolling Hills Community Association granting permission for use of the easement for the purpose stated. In addition, the applicants are proposing to build additions to the existing residence. The current front yard setback is 28 feet. The applicants are proposing to fill in the area between the residence and garage, which will be in the 50 foot front yard setback but which will not encroach any farther than the existing residence. The applicants are also proposing to build additions to the rear and along the sides of the existing residence, thereby maintaining the current 10 foot encroachment into the side yard setbacks. Councilwoman Murdock pointed out that the Section 6 and Section 7 of the resolution of the Planning Commission need to be changed to read "...the Planning Commission finds.." instead of "...the City Council finds..." There being no objections, the Council accepted the Planning Commission's Resolution of Approval for Zoning Case No. 380. ZONING CASE NO. 382. MR. JOHN RICH. 20 & 22 OUTRIDER This is a request for a Certificate of Compliance for Lot Line Adjustment to combine Lots 78 -EF and 95B -EF into one buildable lot. Historically, Lot 95B -EF has been utilized as part of Lot 78 -EF (20 Outrider) for the stable and corral area. The applicant is proposing to combine both lots by obtaining a Certificate of Compliance. Upon approval of the Certificate of Compliance, the applicant is proposing to utilize the entirety of the new parcel for the construction of a new single family residence, as shown in Exhibit "A" of Zoning Case No. 382. The combining of these two lots would result in a net lot area of 152,378 square feet, on which the applicant is proposing to build structures totaling approximately 8,500 square feet, resulting in a structural lot coverage of 5.64 percent. The proposed hardscape will be approximately 7,380 square feet, for 4.58 percent of the net lot area. Thus, the total lot coverage would be approximately 10.49 percent. The City Manager noted that there will be some grading associated with this development because it has been determined that the soil is uncompacted. Also, the proposed residence will be built on a caisson, grade -beam system. Councilman Heinsheimer moved to grant the Certificate of Compliance for Lot Line Adjustment to combine Lots 78 -EF and 95B -EF, forming one lot. Councilman Pernell seconded the motion, and it carried unanimously. There being no objections, the Council accepted the Planning Commission's Resolution of Approval for Zoning Case No. -382. ZONING CASE NO. 383. JAMES ROBEL. 60 CREST ROAD EAST Zoning Case No. 383 is' a request for a Site Plan Review to determine the compatibility of the proposed new single family residence with the site located at 60 Crest Road East. 2`9'1' The property owner is proposing to build structures totaling approximately .8,900 square feet, resulting in a structural lot coverage of 9.57 percent. The hardscape will total approximately 9,000 square feet, for a lot coverage of 9.65 percent. Thus, the total lot coverage will be approximately 19.2 percent. A portion of the house, as well as the swimming pool, will be built on approximately 70 caissons to minimize the amount of grading. The City Manager noted that this particular property, when it was created as a result of a subdivision, had some restrictions placed on it relative to the roof ridge elevation and the building pad elevation. Therefore, the development plan that is being proposed is reflective of those elevation restrictions. The maximum roof ridge elevation is limited to 1,382 feet above sea level. The maximum pad elevation is restricted to 1,365 feet above sea level. Councilman Pernell asked if a landscape plan for this development had been submitted. The City Manager indicated that, to date, a landscape plan had not been submitted but that when submitted it would have to be approved. Furthermore, there is currently a row of hedge vegetation that lines the roadway easement; one of the Ti conditions of the Planning Commission's approval was that that Lo vegetation was to remain to provide mitigation of the visual impact. —� The location of this vegetation will be reevaluated upon the CD completion of the development. Q Councilman Pernell asked, as a general question and not particular to this project, if there are any regulations regarding the location of portable outhouses during construction, and remarked that, as a general policy, they should not be in the easements. The City Manager indicated that he would contact the Los Angeles County Building & Safety Department, as well as the contractors, and ask that they be placed on the particular construction site. The Council accepted the Planning Commission's Resolution of Approval of Zoning Case No. 383. ZONING CASE NO. 384, CURTIS & MYRNA FRAME, 62 CREST ROAD EAST Zoning Case No. 384 is a request for a Site Plan Review to determine the compatibility of the proposed new single family residence with the site located at 62 Crest Road East, Lot 12 -1 -EF. The applicants are proposing to construction a new residence of approximately 7,900 square feet, with a garage of approximately 1,000 square feet, as well as a swimming pool and stable. The proposed structural improvements would result in a structural lot coverage of approximately 8.1 'percent. The proposed hardscape will cover approximately 10.0 percent of the net lot area. Therefore, the entire development proposal would result in a total lot coverage of approximately 18.3 percent. The City Manager pointed out that, as with the previous site, this lot (Lot 12 -1 -EF) has maximum elevation restrictions imposed by the tract map for this subdivision; the maximum roof ridge elevation is restricted to 1,402 feet above sea level and the maximum building pad elevation is restricted to 1,385 feet above sea level. Another restriction that was placed on this particular property at the time that the tentative tract map was approved in 1983 was that any proposed building on this site must be 150 feet from the residence at 86 Crest Road East. There has been some discussion in terms of what that condition precisely meant, i.e., is that to be from the then existing residence at 86 Crest Road East (as is shown on the development plan for this site) or is it to be from the residence as it exists today, which has an addition at the rear of the house. One opinion regarding this matter is that when the tentative map is approved, the conditions set forth in the tentative map are established at that time and relate to anything that existed at that time. A second opinion is that the 150 feet should be measured at the time that the development occurs. The plan that the Planning Commission approved shows a distance of 166 feet - 4 - ?--m from the residence at 86 Crest Road East, as it existed at the time that the tentative tract map was approved and the conditions established. The distance from the proposed new residence to the residence at 86 Crest Road East, as it exists today, is 145 feet. After considerable discussion and review, the Planning Commission determined that the condition had been met and, as a result, approved the site development plan for this site. There being no objections, the Council accepted the Planning Commission's Resolution of Approval for Zoning Case No. 384. ZONING CASE NO. 386, RON SIPES, 1 RINGBIT ROAD WEST, This is a request for a Site Plan Review to determine the compatibility of the proposed stable with the site at 1 Ringbit Road West, as well as a request for a corral which will require a grading permit, thereby, necessitating the need for a Conditional Use Permit. There were no questions or objections, and the Council accepted the Planning Commission's Resolution of Approval for Zoning Case No. 386. PUBLIC HEARINGS - CONTINUED ZONING CASE NO. 374, STEPHEN TAUS, 7 OPEN BRAND ROAD Zoning Case No. 374 is a request for a Conditional Use Permit for conversion of the existing stable to a guest house at 7 Open Brand Road, Stephen Taus. The City Manager noted that the Council has had this matter before them several times and that they have conducted field trips to the site twice. As required by the zoning code, a minimum of 200 square feet must be allotted for a stable, and feasible access to the proposed stable site must be shown. The applicants have proposed a stable site at the extreme end of the existing corral area. Access to the proposed stable site could only be gained down an easement which has a utility pole in the middle of it, without obtaining a variance for grading. Furthermore, the proposed access would be within 25 feet of the guest house; the City's code does not permit vehicular access within 50 feet of a guest house. Mayor Leeuwenburgh opened the public hearing. There was no one in the audience to speak to this matter, and the public hearing was closed. Councilman Heinsheimer commented that this would effectively eliminate this lot as an equestrian lot, and that the proposed development would not be compatible with the General Plan. Therefore, it was Councilman Heinsheimer's feeling that this request should not be approved. Councilman Pernell agreed with Councilman Heinsheimer. Councilwoman Murdock confirmed with the City Manager that it is not possible to provide access to the future stable site, given the constraints of the contours of the lot and the regulations of the zoning code. Councilwoman Murdock also felt that this development would be inconsistent with the General Plan. The City Attorney indicated that the proper course of action would be for the City Council to uphold their appeal of the Planning Commission's approval, thereby, denying the request for a Conditional Use Permit for conversion of the existing stable to a guest house. Also, staff should be directed to prepare the necessary resolution of denial and to present it to the Council at their next meeting. Councilman Pernell so moved. Councilwoman Murdock seconded the motion, and it carried unanimously. - 5 - L� It was also noted that this was the third time that this matter has been before the Council, and that neither the applicant nor his representative has been present at the meetings to answer questions. Councilwoman Murdock noted that it appeared, during one of the field trips to the site, that there has been some premature building activity attempting to convert the existing stable to some other type of facility, and that steps should be taken to ensure that the existing stable remain as such. ZONING CASE NO. 377, I.S.C.O. (IVANO STAMEGNA). 4 MORGAN LANE Zoning Case No. 377 is a request for a Conditional Use Permit for a guest house and a request for a Conditional Use Permit for a tennis court at 4 Morgan Lane. The Planning Commission denied these requests and, subsequently, the applicant appealed the Planning Commission's decision to the City Council. 00 The net lot area of this site is 93,220 square feet. The proposed structural development on the site is 17,890 square feet, LO which is approximately 19.2 percent of 'the net lot area. 7 Additionally, there is approximately 11,500 square feet of hardscape Co being proposed. Thus, the total lot coverage would be approximately Q 31.5 percent. Mayor Leeuwenburgh opened the public hearing. Mr. Jim Marquez, architect for the applicant, addressed the Council regarding this matter. Mr. Marquez noted that there had been revisions made to the previously submitted plan. There was some discussion as to whether or not the Council should be considering this matter if it has been substantially revised from the original request, which was the basis for the appeal. However, it was noted that some of the changes that had been made were in response to comments that had been made during the field trip to the site. The City Attorney indicated that if the revised plan is substantially different it might be reasonable to remand it back to the Planning Commission as a new application, but if the changes are only minor there would be no difficulty in the Council considering the request. The City Manager noted the revisions to the original plan, i.e., the location of the guest house has been moved from the west side of the property to the east side of the property, the size of the tennis court has been reduced by approximately 300 square feet, some of the square footage from the tennis court has been added to the proposed stable, which has been relocated, and, hence, access to the proposed stable has been moved to the other side of the property. The elements of the request remain unchanged, i.e., a request for a CUP for a guest house and a request for a CUP for a tennis court. Mr. Marquez also noted that there has been a reduction of 688 square feet of hardscape that was being proposed around the pool, in an attempt to create more green space. Also, with the relocation of the guest house to the south, a greater distance is established from surrounding structures. Mr. Marquez commented that they have tried to maintain the rural character of the community. The property owners at 6 Morgan Lane, 7 Morgan Lane, 5 Morgan Lane, and 2 Morgan Lane have signed a petition supporting this development. Councilman Heinsheimer commented that, in his opinion, this development would not be compatible with the General Plan. Councilman Pernell asked staff to research the records of the Planning Commission as to their concerns regarding this development. MEETING RECESSED Mayor Leeuwenburgh recessed the meeting at 9:10 p.m. to allow staff to research the Planning Commission records with regard to Zoning Case No. 377. MEETING RECONVENED The meeting was reconvened at 9:15 p.m. The Council reviewed the concerns that had been expressed by the Planning Commission, and their findings for denial. It seemed that their concerns were the same as those of the Council, i.e., the incompatibility of this development with the goals and purposes of the General Plan. Mr. Marquez stated that they had tried to maintain the rural atmosphere using an urban landscape plan to mitigate the visual impact. Councilwoman Murdock asked for clarification from the City Attorney regarding what a property owner has a right to. The City Attorney explained that anything that requires a Conditional Use Permit is a privilege and not a right. Councilman Pernell commented that he failed to see where the applicant has been persuasive in overcoming and mitigating the concerns of the Planning Commission. He agreed with the findings of the Planning Commission that this development would result in such density on this site that it would conflict with the General Plan and Zoning Ordinance. Councilwoman Murdock agreed with Councilman Pernell, and asked the feeling of the Council as to whether or not there might be any part of this application that might be acceptable at some future time. She, personally, indicated that, in general terms, she would not have an objection to a guest house if it were in conformance with the architectural style of the main residence and complied with the standard conditions for guest houses. Councilman Pernell agreed with Councilwoman Murdock. Mr. Ivano Stamegna, property owner at 4 Morgan Lane, addressed the Council, and commented that they are not trying to disturb the natural topography of the site and that it is difficult to maintain the ruralness of the lot, ,given that the lot is flat. He feels that there are only two lots in this subdivision that are suitable for a tennis court, his being one of them. Councilman Heinsheimer commented that, although the lot may be flat, it is still possible to maintain its ruralness. There being no further comments, Mayor Leeuwenburgh closed the public hearing. Councilwoman Murdock reiterated that, in her opinion, this proposed development would not be compatible with the General Plan. Councilman Pernell agreed with Councilwoman Murdock and commented that, as far as he was concerned, the concerns of the Planning Commission had not been mitigated. Councilman Heinsheimer remarked that he, too, agreed with the findings of the Planning Commission. Mayor Leeuwenburgh also agreed with the findings of the Planning Commission. - 7 - 295 Councilwoman Murdock moved denial of the appeal of the Planning Commission decision of Zoning Case No. 377, based on the findings previously mentioned and without -prejudice, and requested that staff return with the appropriate resolution of denial. Councilman Heinsheimer seconded the motion, and it carried unanimously. OPEN AGENDA No one spoke on the Open Agenda. MATTERS FROM MEMBERS OF THE CITY COUNCIL Mayor Leeuwenburgh announced that she had been contacted, requesting that the Council present plaques to the two CAP Volunteers of the Year. The Mayor would be unable to attend the meeting, as asked for an alternate. 0 COUNCIL ASSIGNMENTS LO Mayor Leeuwenburgh indicated that she was proposing to make very few changes, and asked that the Councilmembers indicate their wishes CO to her as soon as possible. a SCAG REGIONAL ASSEMBLY Councilman Pernell announced that he attended the Southern California Association of Governments (SCAG) Regional Conference last Friday, April 21. There were presentations given on mobility, growth management, air quality, and housing assessment. STATUS OF CONCRETE SLABS ALONG PORTUGUESE BEND ROAD SOUTH Councilwoman Murdock reported that she had been contacted by a resident requesting a status report on the concrete slabs on the Brown property and the Clayton property, on Portuguese Bend Road South. With Council's approval, she requested that staff research this matter and report back to the Council at their next meeting. JOINT MEETING OF THE R.H.C.A. AND THE CITY Councilwoman Murdock reported that the Community Association Manager, Association Attorney, President of the R.H.C.A. Board of Directors, City Manager, City Attorney, Mayor Leeuwenburgh and she met to discuss the procedures for submitting building plans. The meeting was very successful, and it was proposed that a statement be included on all applications indicating the separateness of the two bodies and that approval by one does not necessarily indicate approval of the other. It was also suggested that the applicant be the signer or the acknowledger of having read the statement rather than just a professional engineer or architect. PVPUSD NOTICE Mayor Leeuwenburgh explained that she had received a telephone from a resident, very concerned about the legal notice in the newspaper regarding the PVPUSD Request for Proposals, part of which requests a proposal for the annexation or de -annexation of property, i.e., the Portuguese Bend site and Loma del Mar site in Rancho Palos Verdes, and the La Cresta site in Rolling Hills. According to the PVPUSD Superintendent, the purpose of the RFP is to get some professional assistance in doing some research on the marketability of surplus properties within the district. - 8 - 296 LAND CONSERVANCY DEDICATION Councilman Pernell reported that he attend the Land Conservancy dedication, where they accepted a piece of property from the Zuckerman family. He felt that their activities should be encouraged. MATTERS FROM STAFF There were no additional matters presented by staff. CLOSED SESSION The City Attorney indicated that a closed session was not necessary. ADJOURNMENT Mayor Leeuwenburgh adjourned the meeting at 10:04 p.m., to Monday, May 8, 1989, at 7:30 p.m. APPROVED: Mayor 4WIVL� 0� L&"� City Clerk U