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CITY OF LA HABRA HEIGHTS |
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MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS |
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PLANNING COMMISSION |
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June 22, 2004 |
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OPENING CEREMONIES |
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1. |
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CALL MEETING TO ORDER |
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Vice-ChainTIan Bergman called a meeting of the La Habra Heights Planning Commission to order at 7:40 p.m. at the Community Center, 1245 North Hacienda Road, La Habra Heights, California. |
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2. |
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ROLL CALL |
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Those present: Vice-Chairman Brian Bergman, Commissioners Larry Black, Robert Karman, Margarita McCoy and Alternate Commissioner Steve Garcia. Also present Community Development Director Matthew Alexander, Planning Technician Barbara Doppieri Planning Intern Ernesto Chaves and City Attorney Sandra Levin. |
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Chairn1an Robert Wolfe was absent. |
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3. |
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FLAG SALUTE |
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Commissioner Kannan led the flag salute. |
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4. |
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ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF June 22, 2004 |
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Mr. Alexander stated the agenda had been posted. |
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5. |
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ITEMS FROM THE PUBLIC NOT ON THE AGENDA 3-minute time limit per speaker |
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No one came forward. |
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PUBLIC HEARING - OLD BUSINESS |
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6. |
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STANDARDS MODIFICATION 2003-07 and CONDITIONAL USE PERMIT 2004-17 and a MULTI LOT DEVELOPMENT (HQT Homes) 2023 Sharpless Drive |
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7. |
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STANDARDS MODIFICATION 2003-06 and CONDITIONAL USE PERMIT 2004-16 and a MULTI LOT DEVELOPMENT (HQT Homes) 2033 Sharpless Drive |
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Mr. Alexander stated these items were continued from the last Planning Commission; at that meeting the applicant had requested a continuance; however there was a discrepancy with the grading numbers and staff is asking for another continuance to work out the discrepancy. |
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Vice-Chairn1an Bergman asked if the Commission had any questions of staff. |
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Vice-Chairman Bergman asked if the applicant had moved the driveway away from the property line. |
Mr. Alexander stated yes 10-40 fe
Vice-Chaiffilan Bergman then opened the public comment.
Don Huennekens and Rick Talcott, owners - stated they have tried to address each concern; have reduced all of their numbers in grading, impervious and export; (Mr. Huennekens was not talking into the microphone, unable to transcribe); they have moved the manufactured slopes away from the property hne; story poles have been fixed; gave overview of new landscape plan; moved driveway entrance; tried to contact all of the neighbors.
Alternate Commissioner Garcia asked when they resubmit to include the landscaping plan in packet.
Mr. Talcott stated they could do that.
Alternate Commissioner Garcia concerned regarding the affect from Powder Canyon; asked to see a section line from Powder Canyon.
Commissioner McCoy felt the front house was too large; wants to see a smaller structure.
Bill Ross, Skyline Vista - spoke regarding the size of the homes; they are finding all the elTors that staff has made; spoke regarding the General Plan and grading.
Mari Ellen Ross, Skyline Vista - asked that the application be denied; she was told yesterday that the plans were not complete; spoke regarding gross area and net area; figures are wrong on the staff report;
felt it was a dog and pony show; staff is recommending to approve the project without the proper figures; house are not in character with the neighborhood; parking spaces are tandem; cut by house is 100 feet to long; recommended a single story spht pad; make the house fit the terrain not the terrain fit the house; spoke regarding the landscaping plan.
John Piazza, Skyline Vista Drive - concerned about the lack of availabihty of accurate nWTlbers and lack of infonTlation.
Steve Blagden, Citron Road - stated it is not the size but how it's implemented; asked for spht pad; retaining walls are not in compliance with the code.
Vice-Chaiffilan Bergman closed the public comment.
Commissioner McCoy disagreed with Mr. Blagden; houses are too large; they don't fit the neighborhood.
Commissioner Kaffilan stated the homes must fit in with the neighborhood.
Commissioner Black size of homes and amount ofhardscape; homes are too large.
Alternate Commissioner Garcia spoke regarding landscape plans for these projects.
Vice-Chaiffilan Bergman stated the developer has done a lot of work on this project; should make the homes fit the land not the land fit the homes.
Commissioner McCoy moved to recommend denial to the City Council for Standards Modifications 2003-06, 2003-07 and Conditional Use Permits 2004-16 and 2004-17 without prejudice. Seconded by Commissioner Karman.
Vice-Chaiffilan Bergman stated he wanted more discussion; they have done a lot of work; applicant will to an extension of time rather than a denial
Commissioner McCoy asked why he was not in favor of a denial.
Vice-Chairman Bergman stated a lot of effort and work has been done.
Commissioner Black agreed and was not in favor of a denial at this time.
Alternate Commissioner Garcia agreed; wants a revised plan and a complete package.
Vice-Chaim1an Bergman called for the question. Vote 2-3 Bergman, Black and Garcia. Motion died.
Commissioner Karman moved to continue this item to July 27, 2004. Seconded by Commissioner Black.
Ms. Levin stated the applicant would need to sign an agreement of extension of time.
Mr. Huennekens agreed to a continuance.
The Commission gave an overview of what they were looking for; the visual presentation should be reduced; ifit is to be 4,000 square feet it should not have an impact; wanted landscaping plans; parking spaces; height of retaining walls; General Plan consistency; technical infon11ation needs to be complete; length of retaining walls; drainage; site sections; use of California Walnuts on lower slopes; staff to take picture of story poles from Powder Canyon; 3 D silhouette especially on Parcel 2.
Vote 4-1 McCoy.
8. STANDARDS MODIFICATION 2003-37 and GRADING MODIFICATION 2004-08 (Kim) 1800
Dorothea
Mr. Alexander stated the applicant was instructed from the previous meeting to investigate the utility easement; slope ratio; and a landscape buffer zone; staff was recommending approval of this project.
Vice-Chaim1an Bergman asked if the Commission had any questions of staff.
Commissioner McCoy asked where the drainage easement located.
Mr. Alexander stated he did not believe they had mapped the drainage easement.
Commissioner Kannan asked about the I Y2: 1 slope.
Mr. Alexander stated the Commission should condition the approval.
Vice-Chairman Bergman asked if there was any reason the applicant could not meet a 2: 1 slope.
Mr. Alexander stated he was not aware of any reason it could not be met.
Vice-Chairman Bergman opened the public comment.
Mr. Kim, owner, Kashlan - stated he has made the requested changes; moved the driveway; slope changed to 1 Y2: 1; spoke regarding the drainage easement.
Mr. Alexander stated the drainage easement is on the far east side of the property.
Vice-Chairman Bergman asked if they could change the slope to 2: 1.
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Mr. Kim stated it was possible. |
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Theda Clark, Chota Road - stated approvals for this site have been denied twice; fault line runs through this property; grading will impact her a lot; this is a bad project; there will be land movement; doesn't want a looming building. |
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Mr. Alexander stated the Commission could ask for a seismic study. |
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Steve Blagden, Citron Road - spoke regarding the fill slope and landscape plan. |
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Ms. Clark stated the ground is unstable. |
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Vice-Chairman Bergman closed the public comment. |
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Commissioner McCoy suggested remanding this back to the City Engineer regarding the stability of the soil. |
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Ms. Levin stated if the applicant signs an agreement we can grant a continuance. |
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Mr. Kim stated he was willing to sign the agreement. |
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Vice-Chairman Bergman stated this project should to be continued. |
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Commissioner Karman moved to continue item to July 27, 2004. Seconded by Commissioner McCoy. Vice-Chairman Bergman left the public hearing open. All ayes. |
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PUBLIC HEARING - NEW BUSINESS |
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9. |
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CONDITIONAL USE PERMIT 2004-14 (KOCE) APN#8239-045-900 |
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Mr. Alexander presented the staff report stating this was a request from the Coast Community College District to continue operation of their antenna site; it is a continued public hearing item; this will be an analog and digital backup site; this item was continued to study information provided by Steve Blagden; Mr. Melching has responded to Mr. Blagden's infom1ation; City Attomey has not had time to research some of the legal issues that were raised. |
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Vice-Chairman Bergman asked if the Commission had any questions of staff. |
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Commissioner Karman asked if there was a legal reason not to continue the CUP. |
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Ms. Levin stated they only received the request from staff yesterday and had not had time to review the information; most of the issues before the Commission are policy issues. |
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Vice-Chairman Bergman asked if they could reduce the time frame to five years. |
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Ms. Levin stated that was okay. |
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Commissioner McCoy wanted a condition requiring the tower be removed when it is no longer needed; wants added "To allow continuation of the 6/10 of an acre site for use as a television transmitter, said permit only recognizes the 6/10 of an acre Jot for said use, no other use of this site is permitted unless the site is brought into conformance with City standards"; Resolution 82-3 Condition 14. |
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Vice-Chairman Bergman opened the public comment. |
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Roland vom Dorp, Reposado - urged the Commission deny this project; eyesore; fluorescent lighting glaring; City receives no revenue for these leases; wildlife corridor; City abused by KOCE; asked the Commission to look at violation on the other tower.
Steve Blagden, Citron Road - stated the use is gone; antenna must go; wants full CEQA analysis; they are in violation of the 1982 Variance; no business license for KOCE.
Jeff Melching, applicant - spoke regarding their proposal and Mr. Blagden's memo; stated they have had two transmitters at this site for 30 years; the main and backup have always run from this site; backup will still be broadcasting from here; not proposing a new use; cash cow is simply not true; the site is part of the emergency broadcast network; the City's Fire Department supports this project; abandonment of site did not occur; agreed to conditions regarding lighting.
Commissioner Black asked regarding running the back up at Mt. Wilson.
Mr. Melching stated they rent the site at Mt. Wilson and there is not enough space for the backup there.
Jeff Arthur, applicant - there are only two lights at the site; one is on the top of the tower and governed by the FCC the other is over the doorway; stated they will shield the light.
Vice-Chainnan Bergman asked for a shorter time frame.
Mr. Arthur stated a 5 years time limit should be okay.
Vice-Chainnan Bergman asked about dismantling of the tower
Mr. Arthur stated it would be a large physical impact on KOCE to remove the tower.
Roland vom Dorp, Reposado - stated the applicant is selling a bill of goods; sweeping it under the rug; urged the Commission to recommend denial.
Steve Blagden, Citron - stated he wants the tower removed; wants a full CEQA analysis.
Break taken at 10:35 to change the tapes; meeting resumed at 10:47.
Vice-Chainnan Bergman closed the public comment.
Commissioner Kannan stated there were two subjects, technical and financial; he was okay with this as a back up site.
V ice-Chairnlan Bergman agreed; concerned regarding the removal of the tower at the end of the use; shorten approval to 5 years; condition that the tower be maintained and when no longer in use it be removed; recommended approval of the Conditional Use Permit.
Ms. Levin asked if the Commission wanted to keep in Condition 8.
Commissioner Karnlan felt it should stay in.
Alternate Commissioner Garcia spoke regarding the surrounding land use felt the condition could be removed.
Vice-Chainnan Bergman felt it could be taken out.
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Commissioner McCoy agreed.
Mr. Melching stated they did not need the condition.
Vice-Chairman Bergman asked staff to strike Condition 8.
Ms. Levin reread the conditions to be added; the tower to be removed at expiration of use or when abandoned; only recognize the lot for purposes of this use using Condition #14 from the 1982 CUP; shield or remove the lights to prevent impacts on adjacent uses; remove Condition #8; Condition # 10 will be changed the expiration date to June 22,2009; Condition #11 should read "Except as provided in Condition 12.
Vice-Chairman Bergman added that the light is to remain off unless the facility is manned.
Commissioner McCoy moved to approve the resolution, recommending approval to the City Council with suggested changes as directed by City Attorney. Alternate Commissioner Garcia seconded the motion. 5-0.
10. STANDARDS MODIFICATION 2002-12 AND GRADING MODIFICATION 2004-10 (Juan
Rodriguez) 748 Picaacho
Mr. Alexander presented the staff report stating the applicant had requested a continuance.
Commissioner Karman moved to continue this item to the July 27, 2004 meeting. Seconded by Commissioner McCoy. All ayes.
11. Standards Modification 2004-03 (Barragan) 1901 Kashlan
Mr. Alexander presented the staff report stating this project was continued from last month to allow staff to verify the story poles and for the applicant to revise plans to lower the grading in the front of the property; staff felt there was no view impact from the surrounding residences; applicant submitted an amended plan lowering the driveway; staff is recommending approval.
Vice-Chairman Bergman asked if the Commission had any questions of staff.
Commissioner McCoy asked if the gradable are is based on the net; were these figures were checked.
Mr. Alexander stated they are still under the allowable.
Vice-Chairman Bergman opened the public comment.
Alberto Barragan, Kashlan - stated he was here to answer any questions the Commission might have; spoke regarding the grading calculations; explained the drainage in front of property.
Vice-Chairman Bergman asked about lowering the house 3-feet.
Mr. Barragan stated it would cause a huge amount of export.
Alternate Commissioner Garcia asked about the trees to be removed.
Mr. Barragan stated one California Pepper, a Brazilian Pepper and some orange trees; spoke regarding the protection of the oak tree in the front yard.
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Steve Blagden, Citron Road - stated this is a gentle slope; this home requires massive grading; house is too big and doesn't blend in; this plan meets ordinances but doesn't meet the General Plan; can't make #9 finding; no landscape plan. |
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Mr. Barragan stated he was not proposing a huge pad; house steps down the hillside; no retaining wall over 3 feet. |
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Vice-Chairman Bergman closed the public comment. |
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Commissioner McCoy stated the house was very large, but it fits in with the community character. |
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Vice-Chairman Bergman felt size could be mitigated; spoke regarding the cut and fill; lowering the house would require export of dirt; driveway slope has been resolved; felt it could be condition for screening. |
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Commissioner Black big home in this neighborhood is okay. |
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Commissioner Karman felt there was no impact; wants to see a full landscape plan. |
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Vice-Chaimlan Bergman stated he wanted the home screened from Kashlan. |
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Alternate Commissioner Garcia stated he wants the landscape plan prepared by a registered landscape architect. |
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Vice-Chairman Bergman reopened the public comment. |
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Mr. Barragan stated he was planning on planting 40 trees. |
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Vice-Chairman Bergman closed the public comment. |
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Alternate Commissioner Garcia stated the driveway would need to be reconfigured to protect the drip line of the Oak Tree. |
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Commissioner Karman moved to approve this item; condition the approval that a landscape plan be brought back to the Planning Commission prepared by a registered licensed landscape architect; including the protection of the Oak Tree in the front yard. Seconded by Commissioner Black. Vote 4-1. McCoy. |
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PUBLIC HEARINGS - NEW BUSINESS |
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12. |
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STANDARDS MODIFICATION 2004-07 AND GRADING MODIFICATION 2004-13 (Avola) 143 Avocado Crest |
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Mr. Alexander present the staffs report indicating staff felt the home was too tall; blocked the neighbors view and there was too much grading for the site; felt it did not meet the View Preservation Ordinance; staff was recommending denial. |
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Vice-Chairman Bergman asked if the Commission had any questions for staff. |
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Vice-Chairman Bergman opened the public comment. |
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Steven Kho, Avocado Crest - stated he supports the size of the home; but objects to the height; spoke for neighbor who is ill; needs to blend in; suggested lowering house to one story. |
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Rick Robinson, Architect - stated there is dilemma meeting the height requirement and grading requirement; stability of soil; this is the house the owner wants and the size he wants. |
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Curtis Lockwood, Avocado Crest - stated with this plan they will lose all of their view of Fullerton Hills; bothered by height of house; concerned with the loss of their view and loss of their privacy; felt the second issue was the grading; this grading plan pushes water onto their property.
Fara Lockwood, Avocado Crest - explained the protection of their view to the owner before they bought their property; will affect their privacy; raising pad 6 feet on her side; water run off will cause a problem.
Mr. Robinson stated he tried to meet the City's requirements.
John Avola, owner - spoke regarding his privacy as well as the Lockwood's.
Vice-Chairn1an Bergman seeing no one else come forward closed the public comment.
Commissioner McCoy felt the view was totally obstructed for the Lockwood's; project is not appropriate to the lot.
Commissioner Karman stated the principal in the General Plan "Significant primary views enjoyed by residents shall be protect from obstruction by any new development structures or landscape elements to the fullest extent consistent with the property rights of the owner of the site on which the new development is to be located"; this does significantly obstruct the view from the surrounding residences.
Vice-Chairn1an Bergman agreed with the view impact; suggested applicant needs to work with staff.
Alternate Commissioner Garcia stated the grading plan gives false impressions of what's being done on the site; the trees on site need to be protected.
Commissioner Black echoed what was previously said; spoke regarding the height; tremendous amount of massmg.
Alternate Commissioner Garcia moved to deny Standards Modification 2004-07 and Grading Modification 2004-13. Seconded by Commissioner McCoy.
Alternate Commissioner Garcia amended his motion to include without prejudice and staff to bring back a resolution for the Commission to approve. Seconded by Commissioner McCoy. All ayes.
ITEMS FROM THE PLANNING COMMISSION
ITEMS FROM STAFF
ADJOURNMENT
The meeting was adjourned at 12:35 a.m.
Brian Bergman, Vice-Chairman
ATTEST:
Matthew Alexander, Community Development Director
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