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.
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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
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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.
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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.
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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.
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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