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1/29/1990 - 38�9 o MINUTES OF AN ADJOURNED JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION CITY OF ROLLING HILLS, CALIFORNIA January 29, 1990 An adjourned joint meeting of the City Council and Planning Commission of the City of Rolling Hills was called to order at 7: 33 p.m. , by Mayor Leeuwenburgh, in the Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California, on Monday, January 29, 1990. ROLL CALL PRESENT: City Council: Councilman Heinsheimer, Councilwoman Murdock, � Councilman Pernell, Councilwbman Swanson, � Mayor Leeuwenburgh :z:�� � PlanninQ Commission: 7 Commissioner Frost, Commissioner Hankins, [� Commissioner Lay, Commissioner Raine, a Chairman Roberts ABSENT: None ALSO PRESENT: Terrence L. Belanger City Manager Ray Hamada Principal Planner Michael Jenkins City Attorney Don Cotton Cotton/Beland/Associates Karen Warner Cotton/Beland/Associates Anne La Jeunesse Palos Verdes Peninsula News NEW BUSINESS CONSIDERATION OF APPOINTMENT OF PLANNING COMMISSIONERS Councilman Pernell requested that this matter be deferred and postponed to a future date.. As a member of the Personnel Committee, he would like to see a greater liaison with the advisory bodies to the City Council. Councilman Pernell indicated his preference to have regular, ongoing interviews with the members of the various commissions and committees. He proposed that the Personnel Committee meet with one or two Commissioners or Committee Members, prior to each Council meeting. He suggested that, initially, the Planning Commissioners be interviewed first, followed by members of other advisory commissions and committees. Thus, the Mayor directed that this matter be held on the agenda for periodic reports from the Personnel Committee. RESOLUTION OF PLANNING COMMISSION: RATIFYING RECOMMENDATION OF APPROVAL OF ROLLING HILLS GENERAL PLAN AND CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT THEREFOR The City Manager explained that this is a resolution of the Planning Commission, ratifying their recommendation to the City Council that the Rolling Hills General Plan be adopted and the Final Environmental Impact Report, therefor, be certified. • Commissioner Lay moved adoption of the resolution, entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT THE CITY OF ROLLING HILLS GENERAL PLAN AND CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT THEREFORE" . The motion was seconded by Commissioner Frost, and carried by the following roll call vote: 390 � 0 AYES: Commissioner Frost, Commissioner Hankins, Commissioner Lay, Commissioner Raine, Chairman Roberts NOES: None PUBLIC HEARINGS - CONTINUED GENERAL PLAN UPDATE• FINAL ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAI� UPDATE AND ZONING ORDINANCE Mayor Leeuwenburgh opened the public hearing, and invited comments from the audience. Councilwoman Swanson pointed out that the only member present in the audience was from the press. The City Manager suggested that a representative from the consulting firm, Cotton/Beland/Associates, report on the Final Environmental Impact Report, and on additional data gathered regarding the issue of other communities, similar to Rolling Hills, that have not '�; undertaken a revision of their Housing Elements. The City Manager also.=<, advised the Council that the replacement pages OSC-14 and OSC-15, which ` were provided at their council seats, are modifications to the "Goals and Policies" pages for the Open Space Element. Mr. Don Cotton, Cotton/Beland/Associates, addressed the Council. He explained that the Final Environmental Impact Report is to be certified p'rior to adoption of the General Plan. The Final EIR is comprised of the Draft Environmental Impact Report, and incorporates comments from outside agencies on the Draft Environmental Impact Report and any responses to those comments. Ms. Karen Warner, Cotton/Beland/Associates, reported that she had contacted other Peninsula cities, as well as other cities similar t Rolling Hills, i.e. , with a predominately low density residentia character. It seems that similar jurisdictions, and the surroundin Peninsula cities have not been able to comply with the State law or they have not begun, as of yet. Mr. Ray Hamada, Principal Planner, reported on proposed legislation by the League of California Cities regarding Housing Elements, and regional housing allocations. He referenced a draft letter from the League of California Cities, dated January 17, 1990. Mr. Don Cotton pointed out that the draft letter from the League of California Cities omits the issue of requests for extension of the deadline. Generally, if an extension is granted, during the time of that extension the City would be immune from legal action. However, the Department of Housing and Community Development has interpreted a provision of the law that they feel precludes the granting of such an extension, and, thus, would place a City in the position of noncompliance and, as such, vulnerable to legal action. Councilman Pernell suggested that the League of California Cities be advised of this omission, and that they be requested to include in their letter a provision for immunity from legal action during an extension period. Councilwoman Swanson inquired whether or not the General Plan, setting aside the Housing Element, has any major differences from th General Plan that was originally drafted. Ms. Kar•en Warner explained that the major difference deals with a proposal for a landslide hazard overlay, outlined in the Land Use Element. The zoning and densities have not been changed. Councilman Pernell commented on the Environmental Impact Report. After some discussion, the wording on page 2-4, under Alternative 2, was changed to read �� . . .the City has been experiencing towards X3�f�f�T+�1���X�Xl�/��?���l�Y��= inappropriate land uses and continued use. . . " , - 2 - 3�91 � �Y �� �� A discussion followed regarding implementation of stated policies �� and goals of the Conservation/Open Space Element, on pages 4-6 and 5-5 ;� of the Environmental Impact Report. Commissioner Lay explained that fx the Site Plan Review process deals with these issues. Commissioner Raine expressed her desire to see. the Landscape Committee more involved in reviewing all projects, with respect to the stated objectives of the Conservation/Open Space Element. Subsequently, a discussion ensued on pages LU-13 , LU-14, and OSC-14 of the General Plan. Councilman Heinsheimer felt that the policies outlined in the Conservation/Open Space Element did not address the issue of new development and redevelopment. Ultimately, it was decided to delete the word "new" in Goals 1, 2, and 3, on pages LU-13 and LU-14 of the General Plan, and wherever else appropriate. " Councilman Pernell pointed out that the first sentence on page 5-7 , of the Environmental Zmpact Report should be changed to reflect the exception of the Civic Center, and it was also suggested that the word "owned" be changed to "controlled" . � After some discussion, Councilwoman Murdock suggested that the � word "provision" in the first sentence of Mitictation Measures, page 5-9 � of the EIR, be changed to "encouragement" . Additionally, Councilwoman � Swanson remarked that the paragraph entitled Mitictation Measures m assumes that septic tanks contribute to the instability of slopes. She suggested that the language be changed to read, �� . . .system yb�b�txgl Q could have significant benefits. . . " With regard to the last paragraph on page 6-5 of the Environmental Impact Report, Councilman Pernell felt it was inappropriate to specify a figure. It was suggested that the word "extremely" be deleted from the first sentence, in addition to deleting the second sentence entirely, as well as the first phrase of the third sentence. Thus, the paragraph would read as follows: "Like remedial measures to stabilize the landslide, the cost' of property acquisition in the Flying Triangle will be expensive. Alternative financing mechanisms need to be evaluated and pursued. Funding options . . . �� Councilman Pernell remarked that he particularly liked the comments submitted by the Department of Water Resources, dated November 6, 1989. He felt that, where feasible, serious consideration should be given to their suggestions, in particular, to their comments relating to flood damage prevention. There were no further comments on the Environmental Impact Report, and the discussion returned to the General Plan. Councilwoman Swanson asked if this document could be amended. The consultants advised the Council that it could be amended four time a year. Councilman Heinsheimer suggested that the first sentence of the fifth paragraph on page LU-5 be changed to read "Public facilities owned by the City of Rolling Hills �(�t�x� provide for the needs of the communitY X}��9�/��l�/�f�X`f�,�f����xf�/�l��l�X`�. �� - � Commissioner Hankins suggested that the last sentence of the third paragraph on page LU-5 be changed to read "Increases in water discharged from septic systems and increases in grading have contributed. . . �� There was discussion regarding the last paragraph on page LU-5. Ultimately, the following language was suggested and agreed upon: "Additional public/Rolling Hills Community Association facilities include. . . �� The first paragraph on page LU-7 was changed to reflect that the radar installation is operated by the Federal Aviation Administration (FAA) , not by the United States Air Force. - 3 - r 392 Councilman Pernell suggested that the paragraph on Education, on page LU-7, should indicate that access to the school property is from outside the City. The matter of maintenance of the tennis courts was discussed. It was suggested that the second sentence in the paragraph on Recreation be reworded, as follows: " . . .are three Ci'ty-owned tennis courts which are leased to and maintained by the. . . " There was discussion on the last paragraph on page LU-9 . It was proposed that the first sentence be revised to read " . . .open space within the community is controlled and maintained by. . . " Policy 3 . 4, on page LU-14, was changed to read " . . .to preserve ���C,���Cpi�} natural vegetation. . . �� Ms. Karen Warner gave a brief introductory statement regarding the Housing Element. She indicated that the State has indicated, verbally, that they will write a favorable letter that the Element is in compliance with State law, as it is written currently, which proposes the creation of a separate �ordinance that would facilitate second units, distinguished from guest houses, as low-income housing units. The ordinance could establish a cap on the number of units to be created, ` which would coincide with the number of units the Southern California Association of Governments (SCAG) has determined as the City's future affordable housing need (9 units) . The Housing Element was discussed at length by the Council and Planning Commission. Councilman Heinsheimer suggested that the possibility of providing this type of housing for ones retired, elderly . parents or unemployed, independent children, be investigated as a means of ineeting the City's regional affordable housing need. Commissioner Lay explained to the Council that the Planning Commission felt that the decision on whether or not to comply should be left to the City Council. The Planning Commission approved the Housing Element, with the understanding that the proposed second unit ordinance would simply be an enabling ordinance for their development, but would not mandate that the City build them. : s Councilman Heinsheimer suggested that the numbers specified in the � second paragraph on page H-1 be clarified, and that the specific number : of required affordable housing units be spelled out. � Commissioner Hankins suggested that the last sentence of the second paragraph on page H-1 be changed to read " . . .establish a second unit ordinance to �pi�pS�i��i�� enable the development of. . . " Councilman Heinsheimer also pointed out that the language in the fifth item on page H-30 should be changed accordingly. ; Ms. Karen Warner explained that two policies dealing with air quality had been added to the Conservation/Open Space Element, page OSC-14 . Commissioner Raine pointed out that the last paragraph on page ' OSC-2 should read "Hesse' s Gap Rinct�� . � Councilman Pernell felt that item 4 on page S-15 was unnecessary, and should be removed entirely. After some discussion, the Council agreed. Mayor Leeuwenburgh suggested that "such as single engine Cessnas" be deleted from the second sentence in paragraph two, on page N-3 . 't. Councilman Pernell indicated that he would not be prepared, at Iv this time, to support any General Plan that commits the City to the �� kind of units proposed in the Housing Element. ,� �J� COMMISSIONER LAY WAS EXCUSED AT 10: 55 P.M. � 1i "{ %4, o� - 4 - ,, 393 Mr. Don Cotton explained that they need direction from the Council on which, way to proceed. Councilman Heinsheimer recommended that staff and the consultants effect the appropriate changes and corrections, as noted this evening, and that the revised plan be brought back to the Council for their consideration. In addition, it was suggested that the consultants prepare a report on possible salient regulations, requirements, and conditions that might be included in such an enabling second-unit �-rordinance, and other potential means of implementation. It was proposed that this matter be held on the agenda to the March 12th City Council meeting. Councilwoman Murdock requested that an estimate of the scope of the financial commitment for this additional study be submitted to the Council at their next meeting. The public hearing was continued to the next meeting. ADJOURNMENT The meeting was adjourned at 11: 32 p.m. City Clerk APPROVED: Mayor � Planning Commission Chairman �� .. � .� . ,�� , ; ; R � :, F ,�� ,�. � ,.;: :�� .�, - 5 - <; :�;,