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 7:39 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 Steve Garcia. Also present Community Development Director Matthew Alexander, Planner Sandra Massa-Lavitt, Planning Technician Barbara Doppieri, and City Attorney Sandra Levin.
3. FLAG SALUTE
Margarita McCoy led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
April 27, 2004
Mr. Alexander stated the agenda had been posted.
5. ITEMS FROM THE PUBLIC NOT ON THE AGENDA 3-minute time limit per speaker
George Behnam, applicant - asked to have item 7 removed from the consent calendar.
Anna Rodriguez, applicant - asked to have item 8 removed from the consent calendar her engineer is redesigning the project; feels they can comply.
Chairman Wolfe chose to discuss removal of these items from the consent calendar when the items come up for discussion.
6. APPROVAL OF MINUTES:
Special Meeting of March 15, 2004
Chairman Wolfe moved to approve the minutes as amended. Seconded by Commissioner Karman. All Ayes.
Regular Meeting of March 23, 2004
Commissioner McCoy moved to approve the minutes as amended. Seconded by Chairman Wolfe. All Ayes.
CONSENT CALENDER
7. STANDARDS MODIFICATION 2003-32 AND CONDITIONAL USE PERMIT
2003-02 (Seifollahi) 357 Avocado Crest
Chairman Wolfe stated there would be changes made to the resolution and therefore the resolution cannot be approved tonight.
Chairman Wolfe opened the public comment, seeing no one come forward he closed the public comment and returned the item to the Planning Commission.
Ms. Levin stated if the Commission chose to reconsider this item they would do so by motion.
Vice-Chairman Bergman stated he was comfortable with the decision the Commission had made.
Ms. Levin stated she had just conferred with Mr. Alexander and he had all of the information necessary to make the findings.
Chairman Wolfe moved to continue this item on the Consent Calendar to May 25, 2004 for correction of the resolution without prejudice. Commissioner McCoy seconded the motion. All Ayes.
8. STANDARDS MODIFICATION 2003-14 AND CONDITIONAL USE PERMIT 2003-05 (Rodriguez) 2110 Fullerton Road
Chairman Wolfe asked if anyone from the public wished to speak on this item. Seeing none he asked the Commissions pleasure.
Ms. Levin stated this resolution as well needed further documentation of the findings.
Vice-Chairman Bergman moved to reconsider this item to May 25, 2004; to consider denial or a denial without prejudice. Seconded by Commissioner McCoy. Vote 4-1 Wolfe abstained.
PUBLIC HEARING – NEW BUSINESS
The Planning Commission by consensus decided to hear Items 9 & 10 together.
9. STANDARDS MODIFICATION 2003-07 and CONDITIONAL USE PERMIT and a MULTI LOT DEVELOPMENT (HQT Homes) 2023 Sharpless Drive
10. STANDARDS MODIFICATION 2003-06 and CONDITIONAL USE PERMIT and a MULTI LOT DEVELOPMENT (HQT Homes) 2033 Sharpless Drive
Mr. Alexander presented the staff report stating this is a multi lot development for 2023 and 2033 Sharpless Drive; the primary concern resident are the RossŐ at 2021 Skyline Vista Drive; the temporary driveway will change; the home at 2023 Sharpless is a single story 4,060 square foot home with over 4,000 cubic yards of export; 2033 Sharpless Drive will share the driveway; this driveway will allow for planting to screen the driveway with landscaping from the neighbor below; spoke regarding a safety issue; lot is hard to identify because of the vegetation; this home is two story; staff would want a condition of approval regarding screening of the driveway; staff is not making a hard recommendation to the Planning Commission.
Chairman Wolfe asked if the Commission had any questions of staff.
Vice-Chairman Bergman asked if any other alternatives had been discussed with the developer.
Mr. Alexander stated there was a prior proposal that has been redesigned.
Vice-Chairman Bergman asked if the developer was aware of the concerns of the public.
Mr. Alexander stated yes.
Chairman Wolfe then opened the public hearing.
Don Huennekens, Owner and partner in HQT Homes - introduced his partner Rick Talcott, and then gave a presentation on their project; after receiving concerns from the neighbors they changed the project and redesigned both projects; 4,000 yards of export to lower site to eliminate height concerns.
Vice-Chairman Bergman asked if the home on Parcel 3 could be pulled forward.
Mr. Huennekens stated it would make the house more visible.
Commissioner McCoy asked why there were no stringers on the back lot.
Mr. Huennekens stated they couldnŐt get the stringers up through the trees.
Commissioner Black stated it was difficult to determine the project without the stringers.
Rick Talcott, Owner and partner in HQT Homes – gave presentation on the preliminary landscape plan.
Alternate Commissioner Garcia asked how many trees were to be removed; suggested drought tolerant plants.
Mr. Talcott stated approximately 25 trees on each lot.
Commissioner McCoy asked about the slope easement.
Alternate Commissioner Garcia suggested California Walnut; suggested easing up on the 2 to 1 slope.
Doug Smith, Civil Engineer, Pfeiler and Associates – stated he prepared the grading plan, the grading of the driveway caused the excessive grading; grading for the road is all on Parcel 3.
Alternate Commissioner Garcia asked for a section from Powder Canyon in relation to these sites.
Mr. Smith agreed it could be done.
Darrel Dougherty, Skyline Vista - stated the project was out of character for the neighborhood; to high, to large; driveway is a hazard; concerned regarding the grading; doesnŐt want trees removed; privacy and loss of view.
John Piazza, Skyline Vista - concerned the house is too massive.
Mari Ellen Ross, Sharpless – spoke regarding gross and net acreage; four easements; canŐt see where the houses are going; access from Sharpless is a concern; homes to large for surrounding area; wants modest homes; character of neighborhood; big box from Powder Canyon; asked for smaller houses; privacy issues; dump trucks; asked Commission to deny; indicated the applicant had a right to develop the lots; project requires more soils and geology; more stringers; safety study on driveway; spec homes.
Bill Ross, Sharpless – thanked the Commission; showed pictures; impacting views and privacy; homes too large; spoke regarding the General Plan.
Bill Scotten, Sharpless – lived there since 1950; rural country living; voiced driveway concerns; wants property lines staked; driveway will degrade his home; trees.
Brian Burgess, Skyline Vista – stated he wants smaller home.
Thor Erickson, Sharpless – strongly opposed to this project; loss of soil; loss of trees.
Robert Sharp, Sharpless – concerned regarding the safety of the road; not a safe area.
Chairman Wolfe seeing no one else come forward closed the public hearing.
Chairman Wolfe spoke regarding the multi lot development; this project does not minimize cut and fill.
Mr. Alexander stated the intent with the 4,000 cubic yards is to minimize the height of the house.
Chairman Wolfe stated he was concerned with privacy and had no problem with view preservation.
Commissioner McCoy stated she has a problem when the whole neighborhood is unhappy; the project needs to be continued.
Commissioner Karman even on a given street there can be clustering of houses; within the visual range the other homes are more modest.
Commissioner Black stated he was in the dark on too many issues; story poles; he has no feeling on the silhouette of the home; parcel 3; development has a lot of concrete.
Vice-Chairman Bergman stated these are difficult parcels; developer has made positive steps; export soil; parcel 3 house is too big; concerned regarding driveway; suggested continuing this item so the developer could meet with the neighbors; wants a better plan.
Chairman Wolfe stated the developer has done an admirable job; asked him to address the neighbors concerns; significant landscaping.
Alternate Commissioner Garcia suggested considering a single story house on the second lot; single story is more harmonious.
Commissioner McCoy moved to continue Items 9 & 10 until such time as the applicant works out a solution. Motion died for lack of a second.
Chairman Wolfe moved to continue Items 9 & 10 to the May 25, 2004 Planning Commission meeting. Seconded by Commissioner Black. All Ayes.
11. STANDARDS MODIFICATION 2003-37 and GRADING MODIFICATION 2004-08 (Kim) 1800 Dorothea
Mr. Alexander presented the staff report stating this is a 2.8-acre lot located on Dorothea; the home site is on the western side of the property; staff were unable to determine any residents with a primary view in this direction; there might be a visual impact from Dorothea Road; 5,530 square foot home with a 1,000 square foot garage; staff concerned with driveway up against property line, suggested a landscape buffer; the home does fit into the hillside; does not exceed the building envelope.
Chairman Wolfe asked if the Commission had any questions of staff.
Chairman Wolfe asked about retaining walls behind the garage with a fill slope.
Vice-Chairman Bergman asked about retaining walls at driveway; wanted to make sure the wall heights are correct.
Commissioner McCoy asked why the house had to be in this location; asked about the guesthouse.
Chairman Wolfe clarified the lot gets a lot steeper on the east side of the property.
Ms. Massa-Lavitt gave the definition of a guesthouse.
Ms. Levin spoke regarding second units and up and coming legislation.
Alternate Commissioner Garcia asked if a manufactured 1 to 1 slope was allowed.
Mr. Alexander stated he did not know.
Vice-Chairman Bergman stated it is 2 to 1 or 1 ½ to 1 if you have certification by the soils engineer.
Chairman Wolfe then opened the public hearing.
Louise Smith, Chota Road – stated she owns the property to the west; stated there is an easement that is not shown on the plans that going down from Dorothea to Carrie Hills Lane; asked why they needed the garage and guest house so close to the property line.
Unable to pick up on the tape a discussion by Planning Commission.
Chairman Wolfe seeing no one else come forward closed the public hearing.
Commissioner McCoy stated she did not find anything about an easement.
Vice-Chairman Bergman concerned that the retaining walls calculations are not accurate; asked why the driveway had to be on the property line.
Commissioner Karman stated he did not see the potential for splitting the lot; asked if house could be moved to provide a landscape buffer along driveway.
Chairman Wolfe stated he liked the house; shared concern regarding the driveway issue, 1 to 1 slope, easement
Vice-Chairman Bergman moved to continue this item to May 25, 2004. Seconded by Commissioner Karman. All Ayes.
Break taken at 10:40 p.m. to change the tapes. Meeting called back to order at 10:45 p.m.
12. STANDARDS MODIFICATION 2004-02 (Oshiro) 530 Vista Del Llano Drive
Chairman Wolfe recused himself from this item because he lives within a 500-foot radius. Vice-Chairman Bergman took the chair.
Mr. Alexander presented the staff report stating this is a building addition; existing improvements include a single family residence and a two car garage; the proposal is to create an additional one car garage and bedroom in the area between the existing him and garage; 1,600 additional square feet would be added on the other side of the home; the garage would encroach within the front yard setback; below on allowable grading and impervious coverage; site is just under one acre; felt this was the best location for the addition; was not able to determine if the addition blocked anyone view.
Vice-Chairman Bergman asked if the Commission had any questions of staff.
Commissioner McCoy concerned with the property to the north.
Vice-Chairman Bergman opened the public hearing.
Pat Oshino, applicant – stated she had spoken to her neighbors and they were all happy with it.
Richard Stupin, Architect – stated new construction is lower than the ridgeline of the existing house; wanted to break up the roof line.
Alternate Commissioner Garcia asked how close was the guest parking to the property line.
Mr. Stupin stated between 0 and 8 feet.
Vice-Chairman Bergman seeing no one else come forward closed the public hearing.
Commissioner McCoy stated she was okay with this project.
Commissioner Karman stated the lot is difficult.
Commissioner Black stated he likes its fit.
Vice-Chairman Bergman stated he would like a condition of approval requiring landscaping along the parking area and landscaping along the roadway to screen and soften the addition.
Alternate Commissioner Garcia asked for more clearance for vegetation along the parking area.
Alternate Commissioner Garcia asked for an 8-foot clearance between the property line and the parking area.
Vice-Chairman Bergman reopened the public hearing.
Mr. Stupin stated they could meet the 8-foot buffer zone.
Vice-Chairman Bergman closed the public hearing.
Commissioner Black moved approval with the additional conditions that the applicant landscapes the roadway to screen the structure; landscape around the addition and provide an 8-foot landscape buffer zone around the parking area. Seconded by Alternate Commissioner Garcia. Vote 5-0
Mr. Alexander stated staff would prepare the resolution for Vice-Chairman Bergman signature.
The Commission took a break from 11:10 p.m. to 11:18 p.m. Chairman Wolfe retook the chair.
13. CONDITIONAL USE PERMIT 2003-06 (BSI) 153 Canada Sombre
Ms. Massa-Lavitt presented the staff report stating the applicant is proposing a Natural Gas Production Plant to produce natural gas; it will travel from Site 3 to Site 5 where it will enter the existing Southern California Gas Company line; Carbon Dioxide must be removed to 3% and then the Gas Company will accept it; the Co2 generation plant will allow the applicant to produce their own electricity; the Planning Commission held a study session on March 15, 2004 where the Community was allowed to express their concerns with the proposed project; an acoustical report was prepared based on comments from the neighbors; applicant has installed acoustical baffling to reduce the noise; these pad are temporary; staff has taken noise reading and they are pretty consistent; they range from 41 to 50 decibels; those readings also included the over flight path for LAX; the low readings were between the jets and barking dogs; previous owners were required to install landscaping as part of their CUP in 2001 however they failed to water it so it didnŐt last; BSI has cleaned up the site and has installed irrigation; BSI has since the study session installed several trees; air quality consists of how the CO2 is going to be removed and what impacts it will have on the air quality; OSHA has a limit on CO2; venting can be done anywhere on the site, will not extend 24 feet into the air; there is odor generated with oil production; there will be some odor; the applicant has agreed to use BACT (best available control technologies) to deal with the odors and AQMD deals with that and will be involved in monitoring the site; staff has reviewed the new General Plan and finds that this project is in compliance with the Safety Element of the General Plan; it is also consistent with the Land Use Element and Noise Element; previous Planning Approvals on this site go back to the 1950s; included conditions of approval for 3 of the Zone Exception Cases; staff is working on the impervious coverage calculations; there will be the addition of about 800-900 square foot pad; as a result of the study session a revised Mitigated Negative Declaration was prepared for this project; staff is recommending the Planning Commission recommend to the City Council adoption of the CUP 2003-06 and adoption of Mitigated Negative Declaration subject to the conditions of approval that are found in the staff report; asked for a couple of changes in the conditions; Condition 3 – asked that the annual review be directed to the Community Development Director who would then transmit it to the Planning Commission; Condition 5 – noise readings shall be reported on an annual basis, the reading shall be taken at the noise source and at the perimeter of Site 3 and in accordance with Section 4400 of the Noise Ordinance; Condition 6 - staff eliminated the words Ňinlet and exhaust fan from the second sentence, so it will read ŇReadings shall be taken at the turbine locations to determine sound attenuating material installation if necessaryÓ.
Chairman Wolfe asked if the Commission had any questions of staff.
Vice-Chairman Bergman asked what the readings were at the turbine location.
Ms. Massa-Lavitt stated this gives us a baseline.
Chairman Wolfe asked about screening of site from neighbors.
Ms. Massa-Lavitt stated a condition would be added requiring landscaping.
Vice-Chairman Bergman asked regarding a condition regarding no venting or flare off of natural gas.
Ms. Massa-Lavitt suggested directing this question to the applicant.
Chairman Wolfe opened the public hearing.
Clif Simonson, BSI – gave a presentation on the site and their proposed changes.
Commissioner McCoy stated she had a friend who had been hired by BSI asked if anyone felt it was a conflict of interest.
Ms. Levin stated Commissioner McCoy was not receiving any income based on her friendship therefore there was no conflict.
Chairman Wolfe agreed.
Duane Westrup, Canada Sombre – states he has expressed his concerns in his letters; what happens if the models are wrong; there should be a condition that if they go over the limit the site is shut down.
Chairman Wolfe asked what the readings during the daytime are now.
Marlund Hales, Acoustical Engineer – stated the measurements from the Sweeney property are 44.5 on April 8th; from the Gufrin property 40.1 decibels on March 20, April 8th 43.0; these temporary measures are pretty leaky; once the proper acoustical measures are in place the noise will go down.
Mr. Simonson stated they would be able to meet 45 decibels 24 hours a day; agreed to shut down the plant if they exceed the levels.
Katie Martin, Reposado – asked if the amin unit would be enclosed.
Mr. Simonson stated they agreed to put a roof with baffling material over the CO2 Removal Plant; south side could be enclosed as well.
Norm Zezula, Canonita – suggested requiring an outside agency to measure the noise levels; suggested BSI screen all of their sites; noise testing should be done once a year by independent tester.
Mr. Simonson stated there are three different agencies that regulate the pipelines; Division of Oil and Gas, Department of Transportation and State Fire Marshal; all the pipelines are in compliance; they have either been tested or are in the process of being tested; the pipeline that they will be using to send the gas to Site 5 was installed in 2001; the pressure rating of that line is 3,526 psi; they will be delivering the gas at about 100 pounds.
The Commission asked how the applicant would feel about having an independent noise test done once per year.
Mr. Simonson agreed and offered to pay for the testing.
Juanita Newbre, Canada Sombre – pleased with the changes to the noise; concern is with the previous operators of the site.
Mike Gufrin, Canada Sombre – stated BSI is making progress.
Dennis Huddleston, Hacienda Growers – stated based on his experience BSI does what they say they will do.
Vice-Chairman Bergman asked regarding conditioning the project to not allow flaring or venting.
Mr. Simonson stated no problem with that condition.
Vice-Chairman Bergman asked for the maintenance records regarding the change out of the filters.
Mr. Simonson agreed to a condition regarding the maintenance records.
Chairman Wolfe seeing no one else come forward closed the public hearing.
Chairman Wolfe recapped what the Commission was looking for; no flaring/venting of natural gas; independent annual testing of Noise at site; screening of property; painting site; CO2 roof enclosure; total enclosure of the turbines; will meet 45 decibels at all times or be shut down; maintenance records of carbon filters;
Ms. Massa-Lavitt stated she had some additional conditions; she needed to add a condition that made the mitigation measures of the Mitigated Negative Declaration part of the approval; project description will need to be amended; decibels not to exceed 45 dbs, plant to shut down if exceeds these limits; enclosure amin unit on the south side; independent lab shall monitor noise on an annual basis, cost of testing shall be a burden to the owner; include in the annual reporting the maintenance records amin unit; no flaring of the natural gas; painting of the building to blend in; total enclosure of the turbine units; landscape plan; all previous conditions shall remain in force; will reiterate Condition 7 from Zone Exception 295 and put it in the conditions of approval.
Vice-Chairman Bergman asked also about a condition regarding performance bond and attorney fees.
Ms. Levin stated they have standard conditions for these items that can be added.
Commissioner McCoy was concerned about the impervious surface for this site.
Chairman Wolfe stated if they exceed the allowable staff can make the findings and condition accordingly.
Commissioner McCoy was concerned about safety and the fact the City had not heard from anyone other than the applicant telling us it was safe.
Tim Carlson, Division of Oil and Gas – stated the Division of Oil and Gas regulates the oil production; there are many drilling sites within DOGs authority and they all operate safely; this process is no different than many other sites.
Vice-Chairman Bergman asked how many other sites are within a residential area that uses an amin unit.
Mr. Carlson stated he knows of one; others use a similar process to scrub the H2S and CO2 out of the oil.
Chairman Wolfe moved to recommend approval of Conditional Use Permit 2004-06 as amended by staff be forwarded to the City Council for approval and that the Mitigated Negative Declaration. Commissioner Karman seconded the motion. All Ayes.
Ms. Levin stated staff would bring the resolution to the chair for approval.
ITEMS FROM THE PLANNING COMMISSION
Not discussed.
ITEMS FROM STAFF
Not discussed.
ADJOURNMENT
The meeting was adjourned at 1:17 a.m.
Robert Wolfe, Chairman
ATTEST:
Matthew Alexander, Community Development Director