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12/17/19901 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA December 17, 1990 The Rolling Hills City Council met at 7:30 p.m. on December 10, 1990. Councilmembers present: Leeuwenburgh, Murdock, Swanson, Pernell. Councilmembers absent: Mayor Heinsheimer. At 7:31 p.m. the meeting was adjourned to December 17, 1990. A copy of the Order of Adjournment was posted as required by State Law. Proper affidavit covering the foregoing is on file in the office of the City Clerk marked "Affidavit of Posting." A Regular meeting of the City Council of the City of Rolling Hills was called to order by Mayor Heinsheimer at 7:30 p.m. on Monday, December 17, 1990 in the City Council Chambers at the City Hall/Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. ROLL CALL PRESENT: Councilmembers Leeuwenburgh, Murdock, Mayor Pro Tem Pernell, Mayor Heinsheimer ABSENT: ALSO PRESENT: CONSENT CALENDAR Councilmember Swanson Craig Nealis Anne Palatino Kevin Ennis Lucile Rogers Jay Corbett Roy Campbell Tom Ghormley City Manager Acting Principal Planner Assistant City Attorney Minutes Secretary L.A. County Fire Department Resident Resident Councilwoman Murdock moved removal of item g. from the Consent Calendar. Councilwoman Leeuwenburgh moved approval of items a. through f. as listed below. The motion was seconded by Mayor Pro Tem Pernell and carried unanimously. a. Minutes of the Regular City Council meeting of November 26, 1990. b. Payment of Bills - Demands Number 5039 through 5075 dated December 10, 1990 and Demands Number 5076 through 5103 dated December 17, 1990 were approved for payment from the General Fund. C. Response letter from State of California, Governor's Office, regarding AB 4100. d. , Letter to City Manager of Rolling Hills Estates regarding FAU funds. e. - Report from Acting Principal Planner on glazed windows in barns. f. Correspondence from Los Angeles County Transportation Commission relative to the development of Proposition C Guidelines. 01 Rolling Hills City Council Meeting - 12/17/90 g. Planninc Commission Items: I. Resolution re: Zoning Case No. 438 Mr. i Mrs. Hussein Shaikh, 16 Crest Road West (Lot 74 -A -MB). Request for a Conditional Use Permit to construct a pool house; a variance to the front yard setback; and Site Plan Review approval. City Manager Nealis reported that this item was originally presented to the Planning Commission in August. There have been several public hearings and site visits by Planning Commission members. One party has been in opposition to the project, which is a proposed single family residence located at 16 Crest Road West. Acting Principal Planner Palatino reported that the Planning Commission approved Resolution No. 90-42 at their meeting held December 8, 1990; however, a suggested modification to the plan was received from the applicant at 5:00 p.m. on December 17, 1990 and should the applicant proceed with the proposed modification a public hearing could be conducted at the January 15, 1991 meeting of the Planning Commission. Concern was expressed by Council - members regarding permit applications being divided in this manner, and it was suggested that the Planning Commission be asked to review the entire project as revised. City Manager Nealis explained that the new submittal relocates the garage and driveway access, and seems to be an attempt by the applicant to alleviate some of the concerns that have been raised by surrounding property owners. Assistant City Attorney Ennis suggested that since a letter has not been received from the applicant formally requesting withdrawal of his application, and since there is a resolution of approval of the original plans by the Planning Commission, that Council could take action to take this on appeal and then remand it back to the Planning Commission to consider the proposal. Mayor Heinsheimer added that this would allow the Planning Commission to look at the entire package, including any new input from neighbors, and make whatever recommendations they,deem appropriate. It was moved by Mayor Pro Tem Pernell and seconded by Councilwoman Murdock that Resolution No. 90-42 be taken on appeal by the City Council and remanded back to the Planning Commission to consider at its January 15, 1991 meeting. The motion carried unanimously. Acting Principal Planner Palatino informed Councilmembers that beginning in January, staff is requesting that permit applications be submitted six weeks in advance of the Planning Commission meetings, to allow staff time to review for completeness and to prepare the advertisement for the public hearing notice. The need for clear and complete instructions to applicants was discussed. Staff was directed to review the application form, procedures and deadlines, and bring them to the next Council meeting. II. Resolution re: Zoning Case No. ,- 1-41 Mr. A Mrs. Michael Salisbury, 6 Maverick Lane (Lot 25 -SR). Request for a variance to encroach into the front and side yard setbacks to construct residential additions. Acting Principal Planner Palatino advised that the existing house is legal but non -conforming. The requested additions are minor improvements but do not alleviate the existing encroachment 2 1 1 Rolling Hills City Council Meeting - 12/17/90 Acting Principal Planner Palatino advised that this request has been approved by the Planning Commission. The plans were studied by Councilmembers and questions were raised regarding the method of computation employed by the architect as to the size of the structure in relation to the lot size. Ms. Palatino explained that the architect calculates and includes the footprint of the structure and not the walkways or patios in arriving at the percentage coverage under Site Plan Review, which is 34.3% in this case. In response to questions from Mayor Pro Tem Pernell as to her assessment of the best way to calculate this coverage, Ms. Palatino replied that this method is in conformance with Planning Commission policy and has been used in all the Rolling Hills applications she has seen. She offered to take a look at the policy and report back to the Council at their next meeting. Mayor Pro Tem Pernell moved that the Council accept Resolution No. 90-40 under appeal pending a further report by the staff regarding the questions raised. Staff is to determine the time limitations and schedule the report accordingly, for the first or second meeting of January, 1991. The motion was seconded by Councilwoman Leeuwenburgh and passed unanimously. PIIBLIC HEARINGS A. CONTINUED PUBLIC HEARING REGARDING APPEAL OF PLANNING COMMISSION'S DENIAL OF ZONING CASE NO. 414; A REQUEST FOR LOT LINE ADJUSTMENT FOR LOT 241 -A -2 -MS (35 CREST ROAD WEST) AND FOR LOT 241 -A -1 -MS (VACANT LOT OFF OF CHESTNUT LANE). Assistant City Attorney Ennis reported that the Planning Commission heard this matter earlier this year and some legal issues were raised. A request was made for the applicant to provide some information to answer these issues. That information not forthcoming, the Planning Commision denied the application for a lot line adjustment. A further concern of the Commission was that the existing lot that would be enlarged by this adjustment could not be developed in compliance with the Site Plan Review Ordinance in that it would require too much grading. Since the denial, the applicant appealed the decision, the first hearing was held in May and it was continued until such time as the applicant produced information to answer the legal concerns regarding Site Plan Review compliance. Assistant City Attorney Ennis said that additional information has now been obtained. The first concern was that Parcel No. 1, which is proposed to be enlarged, would not have the required frontage along a maintained roadway. The second was that it would reduce the existing frontage of Parcel No. 2. The answer to these concerns was that there was no street frontage when the property was subdivided in 1974; therefore, the adjustment will neither increase nor decrease the amount of frontage. The third concern was whether or not there was authority to traverse a strip of property between Chestnut Lane and Parcel No. 3 so the variance request was necessary. The Planning Commission has approved the request and staff recommends approval. City Council - members, without objection, concurred with the action of the Planning Commission on Zoning Case No. 438. III. Resolution re: Zoning Case No. 443 Dr. i Mrs. Lam, 68 Saddleback Road (Lot 6 -RE). Request for Site Plan Review to construct a new residence and stable. Acting Principal Planner Palatino advised that this request has been approved by the Planning Commission. The plans were studied by Councilmembers and questions were raised regarding the method of computation employed by the architect as to the size of the structure in relation to the lot size. Ms. Palatino explained that the architect calculates and includes the footprint of the structure and not the walkways or patios in arriving at the percentage coverage under Site Plan Review, which is 34.3% in this case. In response to questions from Mayor Pro Tem Pernell as to her assessment of the best way to calculate this coverage, Ms. Palatino replied that this method is in conformance with Planning Commission policy and has been used in all the Rolling Hills applications she has seen. She offered to take a look at the policy and report back to the Council at their next meeting. Mayor Pro Tem Pernell moved that the Council accept Resolution No. 90-40 under appeal pending a further report by the staff regarding the questions raised. Staff is to determine the time limitations and schedule the report accordingly, for the first or second meeting of January, 1991. The motion was seconded by Councilwoman Leeuwenburgh and passed unanimously. PIIBLIC HEARINGS A. CONTINUED PUBLIC HEARING REGARDING APPEAL OF PLANNING COMMISSION'S DENIAL OF ZONING CASE NO. 414; A REQUEST FOR LOT LINE ADJUSTMENT FOR LOT 241 -A -2 -MS (35 CREST ROAD WEST) AND FOR LOT 241 -A -1 -MS (VACANT LOT OFF OF CHESTNUT LANE). Assistant City Attorney Ennis reported that the Planning Commission heard this matter earlier this year and some legal issues were raised. A request was made for the applicant to provide some information to answer these issues. That information not forthcoming, the Planning Commision denied the application for a lot line adjustment. A further concern of the Commission was that the existing lot that would be enlarged by this adjustment could not be developed in compliance with the Site Plan Review Ordinance in that it would require too much grading. Since the denial, the applicant appealed the decision, the first hearing was held in May and it was continued until such time as the applicant produced information to answer the legal concerns regarding Site Plan Review compliance. Assistant City Attorney Ennis said that additional information has now been obtained. The first concern was that Parcel No. 1, which is proposed to be enlarged, would not have the required frontage along a maintained roadway. The second was that it would reduce the existing frontage of Parcel No. 2. The answer to these concerns was that there was no street frontage when the property was subdivided in 1974; therefore, the adjustment will neither increase nor decrease the amount of frontage. The third concern was whether or not there was authority to traverse a strip of property between Chestnut Lane and Parcel No. 3 Rolling Hills City Council Meeting - 12/17/90 1 for purposes of driveway access to Parcel No. 1. A memorandum has now been received from the Community Association and approved by Sidney Croft, the Association Attorney, granting authorization for the applicant to construct a private driveway on a portion of the Community Association's easement. The final issue was the ability of the property owner to comply with Site Plan Review requirements in creating a building pad on the property. This could be addressed by a condition attached to the lot line adjustment approval that it does not limit or in any way impair the City's ability to fully implement the Site Plan Review Ordinance at the time that a proposed structure is applied for. Mayor Heinsheimer declared the public hearing open, and testimony was heard from Mr. Tom Ghormley of 2 Johns Canyon Road, representing the Carl J. Ghormley and -Harriet J. Ghormley Trust. He stated their lot is immediately east of the Colyear .property. His three major concerns are: (1) The easement between the two properties which is claimed by Mr. Colyear is also claimed by the Ghormleys under prescriptive right, as they have used it for the past 32 years and the former owners used it since the house was built in the 1930's. This matter is in litigation and a settlement is expected by the end of the year. (2) The proposed driveway would cut across the existing bridle trail at a grade that would eliminate the use of the bridle trail. (3) The lot is extremely steep and the Ghormleys fear landslide problems if attempts are made to build on it. Questions were raised by Councilmembers regarding the actual location and proposed use of the easement and the bridle trail. Mayor Pro Tem Pernell expressed his concern that if the Council approves the request with the condition that any building has to meet the requirements of the Site Plan Review Ordinance, the Planning Commission will be under pressure to approve a development on a very steep, marginal lot that may not, in reality, be buildable. Assistant City Attorney Ennis advised that the City's ability to preclude any development on the lot depends on a finding of health and safety concerns, including the geological stability of the area. The evidence regarding such concerns could be determined at the stage of the Site Plan Review process. Mayor Pro Tem Pernell asked if the burden of "buildability" could be placed on the applicant by requiring him to provide documentation that the slope is stable, the geology is appropriate, conditions exist that will support a septic system, and any other concerns relating to slope conditions and other City history since development of the subdivision in 1974. Mr. Pernell suggested if the applicant did not supply the information requested, that this could be justification for denial of the lot line adjustment. Attorney Ennis felt this may be beyond the authority of the Council at the present. Mayor Heinsheimer suggested the hearing be held open until the first meeting in January and directed staff to provide further guidance at that meeting. It was agreed that a field trip would be scheduled after further comments have been received from staff. Councilwoman Murdock asked if there were any time constraints and Assistant City Attorney Ennis indicated this would be included in the memorandum to be prepared. 4 Rolling Hills City Council Meeting - 12/17/90 OLD BUSINESS A. ORDINANCE NO. 229: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Councilwoman Murdock moved second reading and adoption of Ordinance No. 229, waiving full reading. Councilwoman Leeuwenburgh seconded the motion and it passed unanimously. NEW BUSINESS A. CITY OF ROLLING HILLS ESTATES - MODIFIED STRIPING PLAN FOR PALOS VERDES DRIVE NORTH. Councilwoman Leeuwenburgh reported the City received a letter on November 21, 1990 advising that Rolling Hills Estates was planning to turn the "Right Turn Only" lane on Palos Verdes Drive North at the intersection of Rolling Hills Road into a "Through" lane. In addition, the right turn from Portuguese Bend Road into Palos Verdes Drive North was considered for a "No Turn on Red" prohibition. The issue was brought before the Rolling Hills Traffic Commission on December 14, 1990 and the Commission requested that the City Council object to the striping plan. Councilwoman Leeuwenburgh reported that she attended the Rolling Hills Estates City Council meeting held December 11, 1990 and requested time for Rolling Hills to study the plan to assess the impact on local traffic. Rolling Hills Estates agreed to put their action on hold, and the Rolling Hills Traffic Engineer and City Manager are working on preparing a report of Rolling Hills concerns and recommendations. Councilmembers expressed their appreciation for the reponse and cooperation of the City of Rolling Hills Estates. B. AGREEMENT AMENDING THE JOINT POWERS AGREEMENT FOR THE SOUTH BAY CORRIDOR STUDY, PHASE III (IMPLEMENTATION). City Manager Nealis reported that the South Bay Corridor Steering Committee has proposed an amendment to the Joint Powers Agreement establishing a Technical Advisory Committee to consist of the City Manager or his designee from each of the 16 cities comprising the Steering Committee. The proposed Technical Advisory Committee would meet quarterly to provide information and recommendations to the full committee. To date none of the 16 member cities has considered the amendment. Councilwoman Swanson has recommended that this.item be presented and favored approval. Mayor Heinsheimer suggested holding any decision until Councilwoman Swanson is present to address the matter. Councilmembers agreed, and the subject will be placed on the agenda for the City Council meeting of January 14, 1991. OPEN AGENDA No one present wished to speak on the open agenda. 5 Rolling Hills City Council Meeting - 12/17/90 MATTERS FROM MEMBERS OF THE CITY COUNCIL A. STATUS REPORT OF CITY ADMINISTRATION FACILITY HARDSCAPE RENOVATION PROJECT. Mayor Pro Tem Pernell presented a plan prepared at the request of the Community Association regarding the hardscape concept for parking and traffic circulation for the proposed move of the Community Association into the current maintenance facility. It was agreed to post the plan on the bulletin board at the conclusion of the Council meeting. MATTERS FROM STAFF A. LOS ANGELES COUNTY FIRE DEPARTMENT COST REDUCTION PROGRAM City Manager Nealis reported that effective January 1, 1991, the Los Angeles County Fire Department will implement a cost reduction program in an effort to combat increased costs and decreased revenues. There will, however, be no reduction of Fire Department personnel on the Palos Verdes Peninsula and the local fire station improvements currently underway will be completed. Chief Corbett reaffirmed that there would be no reduction in the services offered to the City of Rolling Hills. At the end of this fiscal year it will be determined if further reductions are needed. He emphasized that response time would be affected only in the event of a major greater alarm incident where resources would be necessary from beyond the fire stations in the proximal area of Palos Verdes. Mayor Pro Tem Pernell suggested consideration of the use of volunteer personnel. Chief Corbett stated the Department currently utilizes call fire fighting personnel in rural areas. Mayor Pro Tem Pernell said he felt the residents of Rolling Hills would be willing to serve in that capacity, and asked Chief Corbett to look into the feasibility of creating a volunteer fire department. B. City Manager Nealis reported the School District has extended an invitation to the City of Rolling Hills to participate in a special committee they are forming on how best to mitigate the traffic problems that will be created due to the closing of schools. They are planning to hold three meetings over the next few months. Councilwoman Leeuwenburgh volunteered to serve on the committee. It was decided that Mayor Pro Tem Pernell would talk informally with Hugh Muller at the Mayors Meeting and try to determine if the City of Rolling Hills should participate on this committee. Action was deferred until the next Council meeting. OPEN AGENDA (CONTINUED) Mr. Roy Campbell of 3 Running Brand Road said he had read in the Palos Verdes Peninsula News that a request was made at the School Board meeting to have Crest Road reopened for buses to transport students from Miraleste High to Rolling Hills High School. Mr. Campbell then asked for a status report on the 53 and 59 Portuguese Bend Road properties. City Manager Nealis said the County has estimated a cost of between $12,500 and $15,000 to abate the declared nuisances. The minutes of the November 26, 1990 City Council meeting as well as a verbatim transcript of the public hearing will be certified and sent to the City Attorney's office 6 Rolling Hills City Council Meeting - 12/17/90 to obtain a court order to proceed with the abatement property owner has requested some time to complete and he was told he is welcome to abate the nuisance will diligently continue its abatement process. Nealis estimated the County would be ready to move in by approximately January 10, 1991. Assistant Ennis added that the property owner has the right hazard only until the court has ordered and allowed proceed. MATTERS FROM THE CITY ATTORNEY process. The the abatement s but the City City Manager its equipment City Attorney to abate the the County to The Assistant City Attorney had no matters for discussion. MATTERS FROM MEMBERS OF THE CITY COUNCIL (CONTINUED) Councilwoman Murdock asked how the search for a Principal Planner was proceeding. City Manager Nealis reported that 33 applications had been received and five had been selected for interviews. Anne Palatino was thanked for the outstanding job she has done for the City as Acting Principal Planner. Mayor Pro Tem Pernell stated that he and Councilwoman Swanson are having trouble coordinating their schedules to arrange for the interviews, and asked if anyone could substitute for him to expedite the process. Councilwoman Murdock agreed to interview applicants with Councilwoman Swanson on the afternoons of December 20 or 21, 1990. Councilwoman Leeuwenburgh stated that the Daily Breeze called _ to announce that Marie Montgomery had a baby girl and her y replacement during her maternity leave will be Diana Chapman. Councilwoman Leeuwenburgh also reported that the Holiday Open House was a tremendous success and complimented Julie Heinsheimer on the decorations for the party. CLOSED SESSION There was no need for a closed session. ADJOURNMENT Mayor Heinsheimer adjourned Monday, January 14, 1991 at 7:30 A 7 the meeting at 8:50 p.m. to p.m. Minutese�ry