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CITY OF LA HABRA HEIGHTS

MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS

PLANNING COMMISSION

December 17, 2002

OPENING CEREMONIES

1. CALL MEETING TO ORDER

Chairman Bruce Douglas called a meeting of the La Habra Heights Planning Commission to

order at 7:00 p.m. at the Community Center, 1245 North Hacienda Road, La Habra Heights,

California.

2. ROLL CALL

Those present: Chairman Bruce Douglas, Vice-Chairman Ginger Skinner, Commissioners

Stephen Blagden and Robert Wolfe. Also present Director of Planning Sheryl Brady, Planning

Technician Barbara Doppieri, Deputy City Engineer Patrick Lang and City Attorney Ken

Rozell.

Absent: Brian Bergman

3. FLAG SALUTE

Roy Francis led the flag salute.

4. ITEMS FROM THE PUBLIC

Elizabeth Karman, 1000 Encanada – Stated there is a new web site that is not sponsored by

the City that will provide information to the Community; www.heightsheritage.org.

5. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF

December 17, 2002

Ms. Brady stated the agenda had been posted in accordance with the state law.

6. APPROVAL OF MINUTES:

Chairman Douglas, Vice-Chairman Skinner and Commissioner Wolfe agreed to continue with

action minutes. Commissioner Blagden disagreed.

Commissioner Blagden asked to reopen the minutes of October 29, 2002.

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Commissioner Blagden moved to continue all minutes until the Commission could review the

videotapes. Seconded by Vice-Chairman Skinner and approved as follows

AYES: Douglas, Blagden, Skinner and Wolfe

NOES: None

ABSENT: Bergman

ABSTAIN: None

OLD BUSINESS

Mrs. Brady swore in those wishing to testify.

7. Tentative Parcel Map 26055 (Roberts) Southwest intersection of Dorothea Road/Fullerton

Road

Vice-Chairman Skinner excused herself from this item due to her close proximity to the site.

Mrs. Brady presented the staff report stating this was a request for an extension of time to

record a final map. Mrs. Brady states staff was supporting the time extension.

Chairman Douglas asked if the Commission had any questions for staff; seeing none he opened

the public hearing.

Kent Roberts, 120 La Habra Blvd., La Habra, CA – stated the delay has been with the

County Health Department over the percolation test; the Health Department required that the

test be done twice; the Health Department stated they should be done with their approvals

within 45 days and then he could record the map.

Seeing no one else come forward Chairman Douglas closed the public hearing.

Commissioner Blagden stated he wanted to add a condition to the approvals.

Mrs. Brady indicated that was not appropriate.

Commissioner Blagden moved to approve Tentative Parcel Map 26055 granting a one-year

extension of time to record the final map and approval of Resolution 2002-25. Seconded by

Commissioner Wolfe, and approved as follows:

AYES: Douglas, Blagden and Wolfe

NOES: None

ABSENT: Bergman

ABSTAIN: Skinner

PUBLIC HEARINGS

8. Standards Modification 2002-16 (Francis) 1936 Chota Road

Mrs. Brady presented the staff report, stating this application was submitted by Ernie Ybarra to

request a Standards Modification for View Preservation to exceed the 750 sq. ft. building area

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for construction of a residential building addition and patio cover and Standards Modification

for setback encroachment to encroach 4 feet within the required 25-ft side yard setback area for

construction of a residential building addition. The site is located at 1936 Chota Road. The

site is 1.07 acres in size and is zoned RA-1 with a Rural General Plan designation and is

located within View Preservation District A. The subject site is developed with a single story

single family dwelling. A 660 sq. ft. hobby room and 1431 sq. ft. patio cover totaling 2091 sq.

ft. is proposed. The proposed hobby room within the existing building line of the existing

garage, which encroaches within the side yard setback area. The proposed patio cover will be

situated in the rear portion of the existing dwelling and does not encroach within the setback

areas. Staff believes the findings can be made in support of both the Standards Modification

for View Preservation and Setback Encroachment. The project has been reviewed

environmentally and a Categorical Exemption has been issued in accordance with CEQA. Staff

is recommending approval of Standards Modification 2002-16 for Standards Modification for

View Preservation and Setback Encroachment for construction of a residential building

addition and patio cover subject to a list of conditions and adoption of Planning Commission

Resolution 2002-26.

Chairman Douglas asked if the Commission had any questions of staff, seeing none he opened

the public hearing.

Ernest Ybarra, Architect, 12724 Whittier Blvd., Whittier – stated he agreed with staffÕs

recommendation and the conditions of approval.

Seeing no one else come forward Chairman Douglas closed the public hearing.

Vice-Chairman Skinner complimented the applicant, the architect and staff for a clear project;

stated she is ok with the addition into the setback.

Chairman Douglas agreed.

Commissioner Wolfe agreed with Vice-Chairman Skinner and Chairman Douglas.

Commissioner Blagden moved to approve of Standards Modification 2002-16 and Resolution

2002-26. Seconded by Commissioner Wolfe and approved as follows:

AYES: Douglas, Blagden, Skinner and Wolfe

NOES: None

ABSENT: Bergman

ABSTAIN: None

9. Standards Modification 2002-06 & Tree Removal Permit 2002-03 (Aloyan) 854 Reposado

Mrs. Brady presented the staff report stating this application was submitted by William

Renshaw to request a Standards Modification for View Preservation to exceed the 750 sq. ft.

building area and 16-ft. in height limitation for construction of a residential building addition

and Tree Removal Permit for the removal of 40 trees. The site is located at 854 Reposado

Drive. The site 2.32 acres in size and is zoned RA-1 with a Rural General Plan designation and

is located within View Preservation District A. In November, the applicant and project

engineer certified that the installation of the story poles is a true and accurate depiction of the

proposed project. A site visit revealed that the story poles were not properly installed after the

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project was properly noticed. The story poles need to install as per City standards and re-

certified. Therefore, staff is recommending continuance to the Planning Commission meeting

of January 28, 2003.

Chairman Douglas asked if the Commission had any questions of staff, seeing none he opened

the public hearing.

William Renshaw – Architect, P.O. Box 1702, Chino, CA - pled with the Commission to

hear the item at this meeting.

Commissioner Blagden stated the Commission had not yet done a site inspection, so the item

would need to be continued.

Commissioner Wolfe asked the applicant what was the hardship in continuing this item for one

month.

Mr. Renshaw stated the time frame wasnÕt the main hardship.

Michael Aloyan, 854 Reposado - stated he was confused on the application, the trees that

were cut down have started growing back.

Bonnie Bauuch, 832 Reposado – stated she has lived there 37 years; tennis court next door

approved before 1997, required the planting of and maintenance of landscaping; all landscaping

taken out; no trees were dead between the tennis court and her property.

Dick Sands, 855 Reposado – stated he lives across the street; objects to the height; very

drastic; architectural sign is not complete.

Barbara Clemmons, 875 Reposado – discussed the removal of the trees; wood still in large

piles; previous owner required to add the landscaping; guest house was remodeled without

permits and has a kitchen; story poles; information board blank; she invited all of the

Commission to her home to see the impact; asked the Commission to be diligent only after all

the violations are resolved; applicant leaves his trash out at the side of the road.

Mr. Sands stated the tree stumps are still there; they are 1-2 feet high.

Chairman Douglas then closed the public hearing.

Mr. Brady read LHHMC Section 9380.3; stated according to the code the trees have been

removed; she explained staff had tried to gain access to investigate the guesthouse to no avail;

the day the staff did their site visit there was no trash left at the street.

Chairman Douglas asked to have the original conditions of approval of the tennis court attached

to their staff report in January.

Mr. Aloyan stated the inspector could come tomorrow.

Mr. Rozell stated if the Commission finds the applicant has not complied with past approvals

they have no obligation to make discretionary approvals.

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Commissioner Blagden stated he wanted a report on the violations that are found.

Commissioner Blagden moved to continue this item to the January 28, 2003 meeting.

Seconded by Commissioner Wolfe and approved as follows

AYES: Douglas, Blagden, Skinner and Wolfe

NOES: None

ABSENT: Bergman

ABSTAIN: None

10. Standards Modification 2002-18 (Hernandez) 1750 Fullerton Road.

Vice-Chairman Skinner excused herself from this item because of its proximity to her home.

Mrs. Brady stated this application was submitted by Mike Douglass to request a Standards

Modification for View Preservation to exceed the 500 sq. ft. building area and 16 feet in height

limitation and Grading Modification for construction of a residential dwelling. The site is

located at 1750 Fullerton Road. The site is 1 acre in size and is zoned RA-1 with a Rural

General Plan designation and is located within View Preservation District A. A two-story

dwelling and attached 4-car garage totaling 6539 sq. ft. is proposed. The elevation plan

complies within the height limitations based on an average slope of 21%. Staff believes that

the findings can be made in support of the Standards Modification for View Preservation. The

proposed development also includes a Grading Modification. According to Engineering, the

findings cannot be made in support of the proposed development. The proposed project has

been reviewed environmentally and a Categorical Exemption has been issued in accordance

with CEQA. Staff is recommending denial of Standards Modification 2002-18 including the

Grading Modification for construction of a single-family dwelling and to direct staff to prepare

a resolution of denial.

Chairman Douglas asked if the Commission had any questions of staff.

Commissioner Blagden stated the story poles are not correct.

Chairman Douglas stated that as of yesterday there was only one story pole still standing.

Chairman Douglas asked regarding the Grading Modification.

Mr. Lang stated it was the cut and height of the slope; applicant hadnÕt met the burden of proof;

after packet was release to the Commission the applicant submitted a new plan that could meet

the burden of proof.

Commissioner Blagden stated there were about 10 trees to be removed; easements; legal access

to use that driveway instead of cutting another road, architectural review; dimensions missing

on the floor plans.

Chairman Douglas then opened the public hearing.

Ken Wilch, Civil Engineer, Hacienda Blvd., Hacienda Heights – stated he prepared the site

plan; 12-15 foot slope from street to pad elevation; location of driveway to get adequate site

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distance; trying to balance the site for cut and fill; didnÕt know they needed grading

modification; reduced the slope; drew up several options but property owner wants it in the

location it is in; brought driveway down; can meet the findings for a grading modification.

Commissioner Wolfe advised the applicant to put the story poles back up.

Commissioner Blagden stated the requirement calls for the 4 corners and the ridgeline; asked

regarding the easement; wanted length and width of floor plans dimensioned.

Mr. Wilch stated the owner does have an easement and can use the common driveway, but

chooses not to.

Mike Douglass, Architect, 115 W. 4th Street, Long Beach - stated will dimension the plans;

working on the architectural setback of the walls; stated he can map the trees.

Commissioner Blagden stated he wanted the applicant to use common driveway; long retaining

wall; house could step down the lot; placement of the pool in fill dirt.

Mr. Douglass stated the shared driveway could be a hazard; homeowner should have a right to

privately enter his property; balanced cut and fill condition.

Commissioner Blagden stated he wanted to see the conditions of approval for the final map of

this property; had concerns regarding story poles and wanted an 11 x 17 plan of the site on the

sign.

This item was continued to the January 28, 2003 meeting.

Commissioner Wolfe moved to continue this item to January 28, 2003. Seconded by

Commissioner Blagden and approved as follows:

AYES: Douglas, Blagden and Wolfe

NOES: None

ABSENT: Bergman

ABSTAIN: Skinner

Chairman Douglas asked staff to bring story poles and notice boards back to a later commission

meeting.

Mrs. Brady to bring this item back to the Commission on January 28, 2003.

ADJOURNMENT

Commissioner Wolfe moved to adjourn the meeting at 8:30 p.m. to the Special Meeting of January 7,

2003. Seconded by Commissioner Blagden and approved as follows:

AYES: Douglas, Blagden, Skinner and Wolfe

NOES: None

ABSENT: Bergman

ABSTAIN: None

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Bruce Douglas, Chairperson

ATTEST:

Sheryl Brady, Director of Planning