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 Wolfe 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 Robert Wolfe, Vice-Chairman Brian Bergman, Commissioners Larry Black, Robert Karman, Margarita McCoy and Alternate Commissioner Steven Garcia. Also present Interim Community Development Director Sandra Massa-Lavitt, City Attorney Sandra Levin and Deputy City Engineer Patrick Lang.
FLAG SALUTE
Alternate Commissioner Garcia led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
December 23, 2003
Ms. Massa-Lavitt stated the agenda had been posted.
5. ITEMS FROM THE PUBLIC NOT ON THE AGENDA 3-minute time limit per speaker
Chairman Wolfe asked if anyone wanted to speak on anything not on the agenda, seeing no one come forward he closed the public hearing.
6. APPROVAL OF MINUTES:
Minutes of a Regular Meeting of November 25, 2003.
Commissioner McCoy stated line she would like line 187 to read, ÒCommissioner McCoy questioned the need for a wider road siting Ordinance 8518 which requires the driveway to be 20 feet wide if it serves more than one house.Ó
Chairman Wolfe asked to have the word mess on line 60 to be changed to mesh; line 66 Frank Cordeiro name was misspelled; line 68 should read, Òbe extended with a sleeve..Ó; Page 5 line 200 should read, ÒChairman Wolfe asked staff if the turntable was necessary to comply with our municipal codes. Staff answered in the affirmative. Chairman Wolfe reopened the hearing to hear about the turntable; the concern was that an operative mechanical device was required to comply with our codes .Ó; Page 6 line 289 should read, Òwere moved southerly.Ó
Commissioner Karman moved to approve the minutes as amended. Seconded by Commissioner McCoy.
Ayes: Bergman, Black, Karman, McCoy and Wolfe.
Noes: None
Absent: None
Abstain: None
Revision of Minutes for 11-7-02
Chairman Wolfe asked staff to correct the Motion on Page 2.
Commissioner McCoy asked staff to correct Policy 14, 3rd line should read, Òneed for traffic signals.Ó Policy 22 1st line the word to should be restored; Policy 20 the word safety should be safely; Policy 48 missing a verb.
Commissioner Black asked staff to correct Page1, Katie Martin, 1st line add a d to reduce
Chairman Wolfe moved to continue these minutes to the meeting of January 27, 2004. Seconded by Commissioner McCoy.
Ayes: Bergman, Black, Karman, McCoy and Wolfe.
Noes: None
Absent None
Abstain: None
Revision of Minutes for 11-13-02
Ms. Levin stated Policy 60 5th line should read, Òexisting customers or the DistrictÕsÉÓ
Chairman Wolfe moved to approve the minutes as amended. Commissioner Black seconded the motion.
Ayes: Bergman, Black, Karman, McCoy and Wolfe.
Noes: None
Absent None
Abstain: None
Revision of Minutes for 11-19-02
Commissioner Karman asked for a typo correction on Page 1 apposed should be changed to opposed.
Commissioner Karman moved to approve the minutes as amended. Seconded by Vice-Chairman Bergman.
Ayes: Bergman, Black, Karman, McCoy and Wolfe.
Noes: None
Absent None
Abstain: None
Revision of Minutes for 11-21-02
Commissioner Black moved to approve the corrected minutes. Seconded by Commissioner
McCoy.
Ayes: Bergman, Black, Karman, McCoy and Wolfe.
Noes: None
Absent None
Abstain: None
Revision of Minutes for 12-10-02
Commissioner Karman asked for a typo correction on Page 1, his wifeÕs last name is spelled incorrectly.
Commissioner McCoy moved to approve the revised minutes. Seconded by Vice-Chairman Bergman.
Ayes: Bergman, Black, Karman, McCoy and Wolfe.
Noes: None
Absent None
Abstain: None
Revision of Minutes for 12-11-02
Commissioner Karman asked for the correct spelling of his wifeÕs name on Page 1.
Commissioner McCoy moved to approve the minutes. Seconded by Commissioner Karman.
Ayes: Bergman, Black, Karman, McCoy and Wolfe.
Noes: None
Absent None
Abstain: None
PUBLIC HEARINGS
7. STANDARDS MODIFICATION 2003-15 (Devey) 1552 Vista Del Valle
Chairman Wolfe recused himself, because he lives within 500 feet of this site.
Vice-Chairman Bergman took the chair and asked for a staff report.
Ms. Massa-Lavitt stated is a request to add and remodel an existing home; the project will encroach into the side yard setback by approximately 12.5 feet to accommodate a garage, basement and a second story addition; the project is located on the westerly side of the house; the project has been in the office since May; the applicant has removed some of the construction to decrease the encroachments and has reduced the overall square footage; the adjacent parcel to the West has expressed a concern with the second story over the garage; the neighbor questioned the blocking of their canyon view; the code does not define a significant view as a canyon view; staff is able to make the finding for View Preservation and Setback Encroachment.
Vice-Chairman Bergman asked if the Commission has any questions for staff.
Commissioner McCoy asked staff to go over how they were able to make the findings for View Preservation.
Ms. Massa-Lavitt based on her site inspection; she did not feel there was a View issue.
Commissioner Karman asked if there is only one principal view.
Ms. Massa-Lavitt stated a person would have one or more principal views.
Vice-Chairman Bergman then opened the public hearing.
Judy Brown, West Road – her view of the City Lights will be impacted; there are other locations on this property for this addition; her problem is with the third story; has no problem with the garage in this location; didnÕt want to look at a two story wall with no windows.
Zachary Brown, West Road – stated the original issue was impervious coverage, so he redesigned the project to make it three stories; there issue of concern is their view; was pleased with the addition without the addition on top of the garage.
Wayne Devey, Vista Del Valle Way – trying to build his addition without going over the limit; he would be fine redesigning the project if he could spread out his 1,500 square feet; willing to plant mature landscaping.
Vice-Chairman Bergman closed the public hearing and brought the item back to the Planning Commission; he asked staff if the driveway larger than needed.
Ms. Massa-Lavitt stated the driveway is 20 foot wide to get into the garage; this driveway serves only one property.
Commissioner McCoy stated the focus initially was on encroachment; the tenor of what they heard was regarding View Preservation.
Vice-Chairman Bergman had the same concerns regarding the encroachment; it could be redesigned; more favorable to look at the impervious coverage to get it out of the setback; wanted it redesigned.
Commissioner McCoy wanted to go back and look at it again; project needs more work.
Commissioner Karman stated he also wanted to go back for another site visit.
Ms. Massa-Lavitt suggested a continuance.
Commissioner Black agreed it should be continued.
Ms. Massa-Lavitt suggested the Commission reopen the public hearing and leave it open until the next meeting; case needs to be continued to a date certain; applicant will need to agree to the continuance.
Vice-Chairman Bergman reopened the public hearing.
Mr. Devey stated he would agree to remove the story above the garage if he could reapply for the other 500 feet at a later date.
Vice-Chairman Bergman asked the applicant if he was willing to extend his deadlines.
Mr. Devey said sure.
Ms. Levin clarified the timeframes for the applicant and again asked if he was willing to waive those deadlines.
Mr. Devey said yes.
Mr. Brown stated he was pleased with the project if he was going ahead with the addition without the addition on the garage, again asked the Commission to waive the impervious coverage requirement.
Vice-Chairman Bergman left the public hearing open.
Commissioner McCoy moved to continue this item to the meeting of January 27, 2004. Seconded by Commissioner Karman.
Ayes: Bergman, Black, Garcia, Karman and McCoy.
Noes: None
Absent None
Abstain: Wolfe
Chairman Wolfe retook the dais.
8. CONDITIONAL USE PERMIT 2003-05 & STANDARDS MODIFICATION 2002-14 (Rodriguez) 2110 Fullerton Road
Ms. Massa-Lavitt stated she had passed out a revised staff report and resolution; the Standards Modification for View Preservation has been removed; this is a Conditional Use Permit application only for the grading operation; the Standards Modification for View Preservation can be approved administratively pending the Commissions decision on the Conditional Use Permit. The previous Engineering Firm did not combine cut and fill for quantities and these types of cases did not come before the Planning Commission. The new City Engineer has reinterpreted the code and has taken cut and fill and added it together so that you have total quantities, whether or not there is import or export you have total quantities; that is why you are seeing an increase in CUP cases; the grading will lower the home 6-8 feet below the existing grade; the applicant is grading the property for future accessory uses in the front of the home; parking is in compliance; the building does not have the 5 foot building fenestrations; this will be conditioned; the grading would not create any stability problems; road is adequate for the import of dirt; staffÕs recommended approval of Conditional Use Permit subject to Conditions in the Resolution.
Chairman Wolfe asked if the Commission had any questions of staff.
Commissioner Karman felt the house behind this project would be impacted.
Ms. Massa-Lavitt stated this house was probably built during the County days because it is closer than 25 feet to the property line; there will be some view impairment however this home is less than 16 feet in height.
Commissioner Karman stated he was not disputing the height of the house but the placement of the house; there are many alternatives.
Commissioner McCoy felt relocating the home would solve the problem of blocking the view.
Ms. Massa-Lavitt stated moving the home closer to the street would be a good solution and would decrease their impermeable surface and grading quantities; this project has be in the Planning Department for well over a year and these are issues that were probably discussed with the applicant.
Vice-Chairman Bergman stated the story poles are unacceptable; he canÕt get a feel of the massing of the home.
Commissioner McCoy felt the lot was littered with trash and debris.
Ms. Massa-Lavitt stated the City had an active code enforcement case pending on this lot.
Chairman Wolfe asked the Municipal Code reference for Grading Quantities; stated he has been on the Commission three different times and does not believe our code says moving 1,000 cubic yards requires a CUP. Chairman Wolfe asked to take a break while staff looked for this information.
Recess called. Chairman Wolfe reconvened the meeting after 5 minutes.
Chairman Wolfe stated the definition of a solid fill project is in Section 9120.19 of the Code; Section 9204 uses subject to a CUP. He felt this meant import required a CUP.
Commissioner Black stated the operative word was deposit.
Commissioner McCoy stated the City Engineer must have some basis for their interpretation; would like to know his interpretation.
Ms. Massa-Lavitt stated it is typical in other communities to take the total quantities.
Chairman Wolfe stated he didnÕt see where the solid fill fits in; understood the necessity in cases of trucking dirt in or out; stated he has seen this interpretation change three times; wants it consistent.
Commissioner Karman stated he did not think the method was the original motivation for the concern; thought in the goals of the General Plan we speak if minimizing the alteration of the natural terrain; build to the land and keep the natural topography and that is why we would favor building split level homes rather than allow enormous grading.
Ms. Levin stated the movement of large quantities of dirt usually requires a lot of trucks and CityÕs sometime want to regulate that activities through a CUP; hours, route etc; stated you could elect to adopt either approach in this case; recommended for a future agenda item, agendized what the interpretation is going to be and your recommendation to the City Council.
Commissioner McCoy suggested as an alternative that the house needed to be lowered to eliminate the grading.
Vice-Chairman Bergman stated he wants a resolution of this issue and wants it agendized.
Chairman Wolfe seeing no more questions for staff opened this item for the public hearing.
Mrs. Rodriguez, Fullerton Road – stated they wanted to have the house higher because they wanted a view; didnÕt feel they were blocking anyoneÕs view.
Commissioner McCoy asked if the applicant would consider moving the house so it didnÕt block the view from behind.
Mrs. Rodriguez stated if they could still keep their view.
Alternate Commissioner Garcia asked if they lowered the house five feet would they still have a view.
Mr. Rodriguez stated if he lowered the house 5 feet he would have to grade more; didnÕt feel he would still have a view if he lowered it 5 feet; didnÕt think he would effect anyoneÕs view.
Seeing no one else come forward Chairman Wolfe closed the public hearing.
Commissioner McCoy asked to continue this item until story poles and strings are accurate.
Alternate Commissioner Garcia stated there are inconsistencies on the plans; architectural site plan shows setbacks at 25 feet to the north and the west, the grading plan shows setbacks at 26-29 feet and 28 feet; three parking stalls within the setbacks and one does not appear to be able to back out safely.
Ms. Massa-Lavitt indicated staff would put the Standards Modification for View Preservation back into the staff report.
Commissioner McCoy asked that the story poles be constructed properly and that the lot be cleaned of trash.
Ms. Massa-Lavitt stated staff would take care of the trash on the lot next week.
Chairman Wolfe opened the public hearing.
Anna RodriguezÕ daughter spoke – clarified what trash Commissioner McCoy was speaking of.
Commissioner Karman stated he was referring to a lawn mower and camper shell and stuff that is in it.
Mr. Rodriguez stated his shed is 10 x 12.
Alternate Commissioner Garcia states there is an inconsistency with the architectural elevation and the site plan; elevation plan shows the finished level of the house at 121 feet but the finished pad is at 116 feet.
Chairman Wolfe moved to continue the public hearing to January 27, 2004. Seconded by Vice-Chairman Bergman.
Ayes: Bergman, Black, Karman, McCoy and Wolfe.
Noes: None
Absent None
Abstain: None
ITEMS FROM THE PLANNING COMMISSION
Vice-Chairman Bergman wanted to ensure the CUP interpretation regarding grading would be on the next agenda.
Commissioner Karman wanted to include in the Planning Application a sample plan, photo of acceptable story poles; a portion of a public hearing on DVD or VCR tape; removal of signs in a timely manner is not being done; wants all of the revision of the minutes on the Web Site; wants the agendas on the web site; wants a common legend on the plans.
Chairman Wolfe stated the applicant needs to know at the Planning Commission level that the applicant must make the burden of proof.
Vice-Chairman Bergman asked for a status update on 707 Dorothea.
Ms. Massa-Lavitt stated the applicant has installed his erosion control.
ITEMS FROM STAFF
Ms. Massa-Lavitt explained further regarding 707 Dorothea; staff has made it clear what information was needed; they have provided what was asked for; will report again next month.
Ms. Massa-Lavitt stated she now has an application for BSI, which owns the oil producing facilities that had been owned by Crimson; the application is for Site 3 off Canada Sombre; the are requesting to create a co-generation plant and changing out equipment; their application is not yet complete; they are doing a mitigated negative declaration; we will be having a third party look at the neg. dec. to ensure it is adequate for circulation.
Chairman Wolfe asked if the Lynch Specific Plan would be coming back to them next month.
Ms. Massa-Lavitt stated yes, staff would need to go through the plan and determine what changes need to be made.
Chairman Wolfe stated he wouldnÕt mind to have a staff report a month ahead of time to study it; staff to check on the Permit Streamling Act.
ADJOURNMENT
Commissioner Karman moved to adjourn the meeting at 10:30 p.m. The motion was seconded by Commissioner Black and approved as follows:
AYES: Bergman, Black, Karman, McCoy, and Wolfe
NOES: None
ABSTAIN: None
ABSENT: None
Robert Wolfe, Chairman
ATTEST:
Sandra Massa-Lavitt, Interim Community Development Director