CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS
PLANNING COMMISSION
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Chairman Bruce Douglas called a meeting of the La Habra Heights Planning Commission to order at 7:03 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 Brian Bergman and Robert Wolfe. Also present Director of Planning Sheryl Brady, Planning Technician Barbara Doppieri, and City Attorney Ken Rozell
3. FLAG SALUTE
Chairman Douglas led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
February 25, 2003
Ms. Brady stated the agenda had been posted in accordance with the state law.
5. ITEMS FROM THE PUBLIC NOT ON THE AGENDA 3-minute time limit per speaker
Roger Sowers, 1846 N. Cypress – expressed concerns regarding the project at 707 Dorothea.
Michael Bagwell, 720 Dorothea – expressed concerns regarding the project at 707 Dorothea.
Nancy Acocks, 674 Dorothea – stated she as well was concerned about 707 Dorothea.
Chairman Douglas tabled this item until the City Engineer arrived.
6. APPROVAL OF MINUTES:
Minutes of a Special Meeting of November 7, 2002.
Commissioner Wolfe moved to approve the minutes of November 7, 2002 as they were amended. Seconded by Vice-Chairman Skinner and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of November 13, 2002.
Commissioner Wolfe moved to approve the minutes of November 13, 2002. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of November 19, 2002.
Commissioner Wolfe moved to approve the minutes of November 19, 2002. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of November 21, 2002.
Commissioner Wolfe moved to approve the minutes of November 21, 2002. Seconded by Chairman Douglas and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of December 10, 2002.
Commissioner Wolfe moved to approve the minutes of December 10, 2002. Seconded by Vice-Chairman Skinner and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of December 11, 2002
Commissioner Bergman moved to approve the minutes of December 11, 2002. Seconded by Vice-Chairman Skinner and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Regular Meeting of December 17, 2002.
Commissioner Wolfe moved to approve the minutes of December 17, 2002. Seconded by Vice-Chairman Skinner and approved as follows:
Ayes: Douglas, Skinner and Wolfe
Noes: None
Abstain: Bergman
Absent: None
Minutes of a Special Meeting of January 7, 2003.
Commissioner Wolfe moved to approve the minutes of January 7, 2003. Seconded by Chairman Douglas and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of January 21, 2003.
Vice-Chairman Skinner moved to approve the minutes of January 21, 2003. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of January 23, 2003.
Commissioner Wolfe moved to approve the minutes of January 23, 2003. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of January 28, 2003.
Commissioner Wolfe moved to approve the minutes of January 28, 2003 as amended. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of January 30, 2003.
Commissioner Bergman moved to approve the minutes of January 30, 2003. Seconded by Chairman Douglas and approved as follows:
Ayes: Bergman, Douglas and Skinner
Noes: None
Abstain: Wolfe
Absent: None
Minutes of a Special Meeting of February 3, 2003.
Commissioner Bergman moved to approve the minutes of February 3, 2003. Seconded by Chairman Douglas and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
Minutes of a Special Meeting of February 6, 2003.
Commissioner Wolfe moved to approve the minutes of February 6, 2003. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas and Wolfe
Noes: None
Abstain: Skinner
Absent: None
City Engineer Craig Melicher arrived at 7:20 p.m.
Craig Melicher, City Engineer – gave a report on the project at 707 Dorothea, indicating a Stop All Work order had been issued for the site until the City has determined the extent of grading; he stated they also will be looking into the large retaining wall on Dorothea; he stated he would have the building inspector look at the cut the residents felt was undermining Cypress.
PUBLIC HEARING
Mrs. Brady swore in those wishing to testify.
7. Standards Modification 2002-06 & Tree Removal Permit 2002-03 (Aloyan) 854 Reposado
Mrs. Brady stated at the January 28, 2003 Planning Commission Meeting this item was continued in order to allow the owner time to submit a landscape plan to the City; once the plan was received, staff was to notify the surrounding property owners for input; since the last meeting, the site has been sold and the original owners submitted a letter withdrawing both the Standards Modification and Tree Removal Permit applications; however, since there is a code enforcement case on the site, the new ownerŐs are responsible for obtaining an approved Tree Removal Permit in addition to providing the information requested by the Planning Commission; no revised landscape plan has been submitted to the City; also, there is an existing guesthouse that is not in compliance with City codes; the original owners were made aware of the necessary measures that are required to bring the guesthouse in compliance with City codes; she then asked the Planning Commission to provide direction to staff.
Chairman Douglas asked if the Commission had any questions of staff.
Commissioner Bergman asked where the City was legally with this case.
Mr. Rozell stated there are several options; continue with Tree Removal Permit; revocation of CUP.
Chairman Douglas then opened the public hearing.
Betsy Cajcie, 854 Reposado – stated they have no intention of using the guesthouse; will remove the kitchen; discussed the neglect of the property; wants privacy; correcting the landscaping; intending to get a landscape plan; should have within the next two weeks.
Chairman Douglas asked if she were aware of the Tree Removal Permit Application and the code enforcement for the kitchen in the guesthouse.
Ms. Cajcie stated they werenŐt made aware before the close of escrow.
Commissioner Wolfe asked regarding landscape architect.
Ms. Cajcie state she didnŐt remember.
Val Clemens, 875 Reposado – spoke regarding the case.
Chairman Douglas seeing no one else come forward closed the public hearing.
Commissioner Wolfe stated he wanted this set up for revocation of the Conditional Use Permit; give new owners time to get a landscape plan; if landscape plan is in place, donŐt move forward with revocation.
Commissioner Bergman stated put teeth in ordinances.
Commissioner Wolfe moved to direct staff to start the revocation procedures of the Conditional Use Permit; give owners 30 days to provide landscape plan and rendering for staff to meet with surrounding owners; if landscaping is approved and acceptable revocation may be cancelled. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
8. Standards Modification 2002-18 (Hernandez) 1750 Fullerton Road
Vice-Chairman Skinner recused herself from this case.
Mrs. Brady presented the staff report, stating, at the January 28, 2003 Planning Commission, this item was continued in order to allow the owner the opportunity to resolve outstanding issues with the Engineering Department; a revised grading plan was submitted to the City on February 13, 2003; according to Engineering, the plan still required a grading modification; however, Engineering felt the subject site could potentially be developed in a manner consistent with City codes by utilizing a number of alternative designs; staff still believes that the required findings cannot be made in support of the grading modification; therefore, a denial of the grading modification is in order; since staff has recommended denial of the Grading Modification, and if the Planning Commission agrees, there is no viable project before the Planning Commission to consider for view preservation purposes; therefore, the Standard Modification for View Preservation must be denied as well; the project has been reviewed environmentally and a Categorical Exemption has been issued in accordance with CEQA; staff recommends denial of Standards Modification 2002-18 including the Grading Modification and adoption of Planning Commission Resolution 2003-01.
Mr. Melicher stated the project could be resolved by raising the retaining wall; it would eliminate the grading in the upper right hand corner; wall could get as high as 8 feet.
Chairman Douglas asked if the Commission had any questions for staff; seeing none he opened the public hearing.
Ken Wilch, Civil Engineer, 2440 S. Hacienda, Hacienda Heights, CA – stated this was the most optimum driveway approach; stated Mr. Melicher came up with a new interpretation of the code last week; Mr. Melicher stated the conditions of the code are cumulative; stated there is no other driveway solution; Mr. Melicher wanted an 8 ft high retaining wall on each side of the driveway; any driveway will require a grading modification; felt he was trading a retaining wall for grading.
Chairman Douglas stated we need codes that are absolutely clear; doesnŐt want to do the City Engineers job.
Commissioner Wolfe stated the City Engineer is correct; the two parties should work it out.
Commissioner Bergman stated a higher wall wouldnŐt meet the ordinances we donŐt want large retaining walls; flexible with what we do here.
Chairman Douglas stated Commissioner Bergman point is well taken; asked what direction does staff need.
Mr. Melicher stated approve the project with instructions to staff.
Commissioner Wolfe stated the City Engineer is correct, small project; impact is small; recommended approving the Grading Modification.
Commissioner Bergman stated he is OK with what is in front of him.
Commissioner Wolfe moved to approved Standards Modification 2002-18 and Grading Modification with the provision that the hillside be landscaped. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas and Wolfe
Noes: None
Abstain: Skinner
Absent: None
9. Conditional Use Permit 2002-03 and Standards Modification 2002-13 (Ramirez) 156 East Road
Mrs. Brady presented the staff report, stating this application was submitted by Eugene & Sandra Ramirez to request a Standards Modification for View Preservation and Conditional Use Permit for construction of a residential dwelling at 156 East Road; the Conditional Use Permit is needed in order to exceed the 1,000 cubic yards of solid fill materials grading limitation; the site is .92 acres in size and is zoned RA-1 with a Rural General Plan designation and is within View Preservation District A; the site is vacant; a 2-story approximately 4,059 sq. ft. dwelling including 3-car garage is proposed; also, in order to develop the site, 2,252 cubic yards of import fill is proposed; staff feels the findings can be made in support of the project; the project has been reviewed environmentally and a Categorical Exemption has been issued in accordance with CEQA; staff recommended that the Planning Commission recommend to the City Council approval of Standards Modification 2002-13 and Conditional Use Permit 2002-03 for construction of a single family dwelling subject to a list of conditions and adoption of Planning Commission Resolution 2003-04.
Chairman Douglas asked if the Commission had any questions for staff.
Mrs. Brady stated staff had visited the site and this is not a view lot.
Chairman Douglas then opened the public hearing.
Sandy Ramirez, 14756 Raritan Drive, Whittier, CA – stated she agreed with staffŐs recommendation and would answer any questions the Commission might have.
Chairman Douglas then closed the public hearing.
Chairman Douglas stated he had no issues with the project.
Commissioner Bergman stated he was OK with the project.
Commissioner Wolfe stated he was OK with the project.
Vice-Chairman Skinner asked regarding bonding.
Mr. Melicher explained grading security requirements.
Chairman Douglas specified that no truck and trailer vehicles would be brought to the site; staff to take pictures of the expected problem areas.
Vice-Chairman Skinner asked that the applicant be informed of hours of trucking.
Chairman Douglas asked to have safety issues in the conditions of approval.
Commissioner Bergman moved to recommend approval of Conditional Use Permit 2002-03 and Standards Modification 2002-13 to the City Council. Seconded by Commissioner Wolfe and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
10. Standards Modification 2002-23 (Turtzer) 1212 Meadowland Drive
Mrs. Brady presented the staff report stating this application was submitted by Gary Turtzer to request a Standards Modification for View Preservation and a Standards Modification for Setback Encroachment to encroach 1-ft. within the required 25-ft side yard setback for construction of a residential dwelling addition at 1212 Meadowland Drive; the site is .48 acres in size and is zoned RA-1 with a Rural General Plan designation and is within View Preservation District B; originally, the Planning Director noticed the project as an administrative review; because of the public interest, staff felt the project would be better served through the public hearing process; therefore, the project was elevated to the Planning Commission; a 2,935.35 sq. ft. addition is proposed; the request also includes a 1-ft encroachment for a 4-car attached garage; this is not a view lot; staff feels the findings can be made in support of the project including the setback encroachment; the project has been reviewed environmentally and a Categorical Exemption has been issued in accordance with CEQA; staff recommends approval of Standards Modification for construction of a dwelling addition subject to a list of conditions and adoption of Planning Commission Resolution 2003-03.
Chairman Douglas asked if the Commission had any questions for staff.
Chairman Douglas asked if the impervious coverage was checked.
Mrs. Brady stated yes.
Commissioner Bergman asked regarding the calculations.
Mrs. Brady stated the allowable impervious was 8,877 and the proposed was 8,010
Vice-Chairman Skinner asked if the septic system would have to be upgraded.
Mr. Melicher stated that is automatically part of the plan check procedures.
Chairman Douglas then opened the public hearing.
Gary Turtzer, 1212 Meadowland – stated is the property owner; stated the problem was over an RV which he has now moved off site; gave his presentation of how he proposed to mitigate the concerns of the Masocco.
Laura Turtzer, 1212 Meadowland – stated this is their dream home and they want the ability to add on.
David Arce, 2117 Choral Drive – stated the TurtzerŐs have improved the neighborhood; he is in favor of the project.
Manifred Maisenber, 2181 Choral Drive – stated is in favor of the project; improves the neighborhood.
Sean Malachi, 2171 Choral Drive – stated he is 100% in favor of what the TurtzerŐs are proposing.
Derrick Seda, 2148 Choral – stated has been a resident 32 years; this is a nice neighborhood; he is in favor of this project.
Mark Rubeshaw, 2160 Choral- stated he is in favor of this project; spoke regarding property values; this project will raise property values in the neighborhood; felt there is no impact to this addition.
Al Ortiz, 2190 Choral – stated is in favor of this project it will improve the neighborhood.
Mike Sidley, Attorney, representing the Masocco – stated this is a very large structure; principal view is from the Masocco kitchen; this impacts his clients view; change in roofline; no architectural mitigation; wants Standards Modification denied.
Al Masocco, 2110 Choral – stated there are 2 issues; view preservation and mansionization of this dwelling; states this impacts him directly.
Debra Masocco, 2110 Choral – stated she is in favor of updating and remodeling; view will be different; properties in this neighborhood are not that large.
Connie Funderberg, 1205 Meadowland – doesnŐt want this project built.
Gary Bagwell, 2126 Choral – stated this is excessive for the area; protested the height.
Eileen Bagwell, 2126 Choral – stated she looked at his RV for 14 months; stated this project doesnŐt look nice, it is overkill.
Chairman Douglas seeing no one else come forward closed the public hearing.
Vice-Chairman Skinner questioned the retaining wall; stated there is no view issue; aesthetic problem is not addressed in the code.
Commissioner Bergman asked regarding View Preservation Districts A & B.
Mrs. Brady stated lots in View Preservation Districts B are not view lots.
Chairman Douglas stated this is a large addition to a small lot; no view preservation issue; setback is trivial; no architectural review; meets impervious coverage; findings can be met.
Commissioner Wolfe stated this is a close call, 2,900 sq. ft. addition on home is an imposing structure; applicant hasnŐt carried the burden of proof; stated he is on the fence on this one.
Commissioner Bergman asked regarding setbacks.
Mrs. Brady read Section 9206.4 of the code.
Commissioner Bergman stated view is not an issue, concerned about mass and community character.
Commissioner Wolfe stated there is no view issue.
Chairman Douglas reopened the public hearing.
Mr. Turtzer stated he is proposing to landscape a green belt.
Mr. Sidley questioned View Preservation District B.
Chairman Douglas explained the difference between District A & B.
Chairman Douglas again closed the public hearing.
Commissioner Wolfe recommended a 30-day continuance for neighbors to work it out.
Chairman Douglas stated it could be mitigated; wants more details.
Commissioner Bergman stated he wants the neighbors to talk.
Chairman Douglas recommended a continuance to the April Meeting.
Vice-Chairman Skinner was not in favor of a continuance.
Chairman Douglas moved to approve Standards Modification 2002-23 with the condition that the exhibit on the wall be part of the approval, will serve as the basis of the retaining wall, berm and landscaping to be submitted to staff. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas and Skinner
Noes: Wolfe
Abstain: None
Absent: None
11. Standards Modification 2002-20 (Norwich) 831 Church Hill Road
Mrs. Brady presented the staff report, stating this application was submitted by Steven Kho to request a Standards Modification for View Preservation for construction of a residential dwelling at 831 Church Hill Road; the site is .99 acres in size and is zoned RA-1 with a Rural General Plan designation and is within View Preservation District A; a 2-story 6,643 sq. ft. dwelling and 1,230 sq. ft. accessory structure are proposed; the accessory structure includes a 600 sq. ft. mother in law suite; a preliminary landscape plan has been submitted; the plan is in compliance with the CityŐs landscaping requirements; staff feels the findings can be made in support of the project; the project has been reviewed environmentally and a Categorical Exemption has been issued in accordance with CEQA; staff recommended approval of Standards Modification 2002-20 for construction of a residential dwelling and accessory structure subject to a list of conditions and adoption of Planning Commission Resolution 2003-05.
Chairman Douglas asked if the Commission had any questions of staff.
Chairman Douglas asked regarding limit on grading.
Mr. Melicher stated it works on paper.
Chairman Douglas then opened the public hearing.
Steven Kho, 831 Church Hill – gave his presentation regarding the project; stated it is a small back yard; he has eliminated the retaining walls.
Chairman Douglas seeing no one else come forward closed the public hearing.
Commissioner Bergman stated he is happy with what they have done.
Vice-Chairman Skinner stated she is OK with this project; there is no view impairment.
Commissioner Wolfe agreed.
Chairman Douglas stated he also agreed.
Commissioner Wolfe moved to approve Standards Modification 2002-20. Seconded by Commissioner Bergman and approved as follows:
Ayes: Bergman, Douglas, Skinner and Wolfe
Noes: None
Abstain: None
Absent: None
ITEMS FROM THE PLANNING COMMISSION
None
ITEMS FROM STAFF
Mrs. Brady asked regarding the proposed meeting to continue discussion on the General Plan for Saturday March 8, 2003. She suggested holding the meeting from 3-5:30 pm, dinner break from 5:30 to 6 and then continuing from 6-9 pm.
It was a consensus of the Commission to hold this meeting.
Commissioner Wolfe suggested canceling the March 25th Planning Commission Meeting. All the Commission agreed.
ADJOURNMENT
Commissioner Wolfe moved to adjourn the meeting at 11:30 p.m. to the special meeting of March 6, 2003. Seconded by Chairman Douglas and approved as follows:
ABSTAIN: None
ATTEST: