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 Layne Baroldi, Larry Black and Margarita McCoy and Alternate Commissioner Steve Garcia. Also present Community Development Director Sandra Massa-Lavitt, Planning Technician Barbara Doppieri, Planning Intern Ernesto Chaves, City Engineer Craig Melicher and City Attorney Sandra Levin.
Chairman Wolfe introduced new Planning Commissioner Layne Baroldi and thanked Bob Karman for all his hard work.
3. FLAG SALUTE
Commissioner Garcia led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
July 27, 2004
Ms. Massa-Lavitt stated the agenda had been posted.
5. Approval of Minutes
Vice-Chairman Bergman moved to approve the minutes of May 25, 2004 as amended. Seconded by Commissioner Black. 4-1 Baroldi abstained.
Chairman Wolfe moved to approve the minutes of June 16, 2004. Seconded by Commissioner McCoy. 4-1 Baroldi abstained.
Commissioner Black moved to approve the minutes of June 22, 2004 as amended. Seconded by Commissioner McCoy. 3-2 Baroldi and Wolfe abstained.
6. ITEMS FROM THE PUBLIC NOT ON THE AGENDA 3-minute time limit per speaker
Jessica Winship, Cypress - spoke regarding the 707 Dorothea project.
PUBLIC HEARING – OLD BUSINESS
7. STANDARDS MODIFICATION 2003-07 and CONDITIONAL USE PERMIT and a MULTI LOT DEVELOPMENT (HQT Homes) 2023 Sharpless Drive
Ms. Massa-Lavitt stated she would report on Items 7 & 8 together but would like to separate them out so the Commission could vote on them separately. She then presented the staff report; applicant has revised the plans the house at 2023 Sharpless has reduced the mass of the roof; view analysis from Powder Canyon the poles are not visible with our equipment; grading has been modified; driveway will be 20 foot paved; landscaping plan has been included; 5 foot berm separating the driveway from Mr. ScottenÕs property; staff recommended approval of these properties.
Chairman Wolfe opened the public comment.
Don Henneckins, owner – spoke in favor of their project and the changes they had made.
Rick Talcott, owner – spoke regarding their landscape plans.
Alternate Commissioner Garcia suggested 15 gallon California Walnuts; asked if driveway could be a retaining wall.
Mr. Henneckins agreed.
Mari Ellen Ross, Skyline Vista – spoke regarding the proposed development.
John Beau, Casalero – concerned regarding property rights; spoke regarding the size of the homes.
Chairman Wolfe closed the public comment.
Chairman Wolfe asked for additional finding be placed in the resolution to read as follows ÒThe proposed project which is part of the multi lot development does not detrimentally impact a significant important ridgeline, watercourse, streambed, or major viewscape or into a view line of an important environmental resourceÓ.
Chairman Wolfe moved to approve Item #7 Standards Modification 2003-07 and recommended approval to the City Council on the Conditional Use Permit and the Multi Lot Development with the additional conditions that the required 24Ó box trees could be amended to 15 gallon California Walnuts; radius entrance to driveway be increased; replace Brisbane Box with California Walnut. Seconded by Commissioner Black. All Ayes.
8. STANDARDS MODIFICATION 2003-06 and CONDITIONAL USE PERMIT and a MULTI LOT DEVELOPMENT (HQT Homes) 2033 Sharpless Drive
Ms. Massa-Lavitt stated this house is in the same location; in impact from Powder Canyon; retaining walls exceed the code by 6 inches; staff recommended approval of Standards Modification 2003-06.
Chairman Wolfe opened the public comment.
Don Henneckins, owner – spoke in favor of his project.
Chairman Wolfe closed the public comment.
Commissioner McCoy stated she was concerned about the size of the house.
Vice-Chairman Bergman moved to approve Item #8 Standards Modification 2003-06 and recommended approval to the City Council on the Conditional Use Permit and the Multi Lot Development. Seconded by Commissioner McCoy.
Chairman Wolfe asked to have the same language added to this resolution that was added to Item 7. It was the consensus of the Commission to add this language. All Ayes.
9. STANDARDS MODIFICATION 2003-37 and GRADING MODIFICATION 2004-08 (Kim) 1800 Dorothea
Ms. Massa-Lavitt stated the applicant was requesting another continuance of the project to allow for the necessary time to acquire geologic information as requested at the previous hearing.
Chairman Wolfe opened the public comment. Seeing no one come forward he then closed the public comment.
Commissioner Black moved to continue this item to August 24, 2004. Seconded by Commissioner Baroldi. All Ayes.
7. STANDARDS MODIFICATION 2002-12 AND GRADING MODIFICATION 2004-10 (Juan Rodriguez) 748 Picaacho
Ms. Massa-Lavitt stated the property owner had not requested another continuance and staff was recommending a denial based on time lines.
Chairman Wolfe opened the public comment. Seeing no one come forward he then closed the public comment.
Chairman Wolfe moved to deny this application without prejudice. Seconded by Commissioner Baroldi. All Ayes.
Ms. Levin clarified that the reason for the denial was based on lack of information to support the grading modification.
It was the Commissions pleasure to do this resolution through the Chair to meet the permit streamlining act deadlines.
PUBLIC HEARING – NEW BUSINESS
11. GRADING MODIFICATION 2004-14 (Starnes) 572 Avocado Crest Road
Ms. Massa-Lavitt stated she was requesting a continuance of this item as the plans were not complete; she indicated this application may be able to be done administratively and may not need to come back to the Commission.
Chairman Wolfe opened the public comment. Seeing no one come forward he then closed the public comment.
Vice-Chairman Bergman moved to continue this item to August 25, 2004. Seconded by Commissioner Black. All Ayes.
12. STANDARDS MODIFICATION 2003-33 & GRADING MODIFICATION 2004-11 (Sashin) 2015 Deep Canyon
Ms. Massa-Lavitt presented the staff report stating this was a request to built a 5,480 square feet single family residence, with a pool house; lot is currently vacant; the driveway generally runs along an easement on the north property line; dispute between the two property owners on the location of the lot lines; conditions of approval would deal with the dispute; spoke with the architect about modifying the design to avoid some of the bulk facing the neighbor; applicant was not willing to modify the plans and wants the Commission to act on them; staff recommended approval of Standards Modification 2003-33 and Grading Modification 2004-11.
Ms. Levin stated this is a dispute between property owners and the City is not involved; suggested a condition be added to the resolution that reads "The City does not assume any responsibility to determine title, the applicant accepts and understands that use of the rights granted by this approval without good title is at the applicants own risk and that the applicant will defend and indemnify the City in connection with any claim, lawsuit or dispute arising out of such use.Ó
Chairman Wolfe let the audience know the architectÕs brother is Dennis Dascanio and he is married to Chairman WolfeÕs cousin.
Ms. Levin stated there is no conflict of interest unless there was a financial relationship.
Ms. Massa-Lavitt stated if the property line moves, this application would be void; suggested eliminating the landscaping in the easement as well as the proposed parking.
Chairman Wolfe opened the public comment.
Daniel Dascanio, architect – stated they were unaware of a dispute with the property line; property has been surveyed; wants to maintain the landscaping within the license agreement; doesnÕt want to pave the license agreement; will relocated the vehicle parking if mandated by the City.
Ms. Levin explained the license agreement.
Commissioner McCoy questioned living in the guest house for a year without a kitchen.
Mr. Dascanio asked the Commission opinion on a kitchen in the guesthouse.
Alternate Commissioner Garcia asked regarding grading quantities and how they were calculated when they do not show on the plans.
Mr. Dascanio stated he could not answer for the Civil Engineer.
James Franklin, Deep Canyon Road – stated two items at issue, the license agreement; had survey done and the property description of both properties are different on the deed title; they are 1 % different on the Church Hill side; asked the Commission not to move forward with any authorization until this issue is resolved.
Irene Franklin, Deep Canyon Road – spoke regarding their license agreement dispute; asked that no approval be granted until their dispute is resolved; stated this house blocks their view of the horizon.
Chairman Wolfe seeing no one else come forward closed the public comment.
Commissioner McCoy felt they are over their impervious coverage limits with this easement; these structures are a tight fit for this lot.
Chairman Wolfe asked the applicant if they would agree to the hold harmless condition that was read earlier; Chair indicated the applicant shook their heads no.
Ms. Levin indicated that condition should be bolstered to include ÒIn the event the applicant does not hold title as represented on the site plan, the structures could be required to be removed at the applicants expense.Ó
Chairman Wolfe asked the applicant if they agreed with this condition.
Mr. Dascanio agreed to this condition.
Chairman Wolfe asked for a motion to reopen public comments. Commissioner Baroldi moved to reopen the public comment. Seconded by Chairman Wolfe. All ayes.
Mr. Franklin asked the Commission if after building a $700,000.00 home would you agree to tear it down.
Mr. Dascanio stated the 1degree is 9 feet; questioned the City extraordinary setbacks; worst case scenario is 23Õ4Ó; didnÕt think it was the end of the world; they have been sensitive to keeping the structure low key; respected the neighbors privacy; asked the Commission to respect the ownerÕs rights as property owners; everything has been addressed.
Chairman Wolfe closed the public comment.
Ms. Levin stated without a written agreement to an extension of time the Commission needs to act on this project tonight.
Break taken at 10:37 p.m. to change tape; meeting reconvened at 10:46 p.m.
Chairman Wolfe asked the applicant to revise their plans using the Franklin Property Line and let the Commission see the potential impact.
Alternate Commissioner Garcia concerned by the proposed cut and fill; the limit of grading is not shown on the plans.
Commissioner Baroldi suggested reducing the house and moving it southerly and all of this concern would go away.
Commissioner McCoy wants the impervious surface re-figured with the easement included.
Chairman Wolfe asked the applicant if they would be willing to take the Commissions comments into consideration and agree to an extension of time or do they want a decision tonight.
Mr. Dascanio stated it depends if the Commission will pass it; asked if their project was denied where does it leave them.
Chairman Wolfe explained with prejudice and without prejudice.
Mr. Dascancio asked why so harsh.
Chairman Wolfe asked if they would like to be denied for 12 months.
Mr. Dascancio agreed to a continuance.
Chairman Wolfe asked if they could address the Commission concerns within 30 days.
Mr. Dascancio stated, yes they could accomplish the time frame.
Vice-Chairman Bergman moved to continue this item to August 24, 2004. Seconded by Commissioner Baroldi. 4-1 McCoy abstained.
13. STANDARDS MODIFICATION 2004-19 (Moriarty) 832 Reposado
Ms. Massa-Lavitt presented the staff report stating this was a request approval to construct a covered trellis and deck, enclose an existing deck above the attached garage, add a covered deck/balcony of a non conforming main house and add a covered trellis deck to connect the house to the storage barn; both structures on this property are non conforming; the house and barn were constructed in 1948; a limited area of the new construction will also encroach into the setback area adjacent to the house and a small portion of the trellis that attaches to the garage; staff did not feel there was a view obstruction; staff recommended the Planning Commission approve this application.
Chairman Wolfe opened the public comment.
Alfonso Garcia, Architect – spoke in favor of the project.
Chairman Wolfe closed the public comment.
Commissioner McCoy felt this project exacerbated the non-conforming use on this lot.
Chairman Wolfe disagreed.
Commissioners Baroldi, Bergman did not feel there was an exacerbation.
Commissioner Black moved to approve Standards Modification 2004-19. Seconded by Commissioner McCoy. All Ayes.
14. STANDARDS MODIFICATION 2004-25 AND CONDITIONAL USE PERMIT 2003-03 GRADING MODIFICATION 2004-18 & TREE REMOVAL PERMIT 2004-08 (Sussoev) 707 Dorothea
Chairman Wolfe asked the audience to limit their thoughts to three minutes.
Ms. Massa-Lavitt presented the staff report stating this was a request to legalize an illegal grading operation through the Conditional Use Permit for a solid fill project; stated the history was well know and she would not go into all of the details; the new plans that have been submitted for this project would construct a new dwelling; the applicant is proposing the construction of a new pad; proposing a conceptual grading plan that restores the site to its original contours; placing a house on the property and the driveway that goes to it; the keystone wall on site now would be totally removed; the tree removal permit is based on aerial photos that were taken in May 2001; staff determined that there appeared to have been eight trees removed; staff tried to determine the damage that was done to the street on the previous grading operation, however staff were unable to determine the damage; the illegal grading imported somewhere in the range of 3,000 cubic yards of soil to the property; the grading on the site violated the City and the Regional Water Quality Control Board requirements for a Standard Urban Water Management Plan (SUWMP); the previous application is no longer valid due to the excessive grading and brush clearance; in the agenda packet there are three grading plans; Page 1 shows the conceptual grading for a new home in the original topography that was underlined this project before any activity occurred; Page 2 is a conceptual grading with current topography with the pad, the footprint and the wall; Page 3 shows the existing topography vs. the original topography without a pad; the applicant is requesting to remove the retaining wall and regrade the site to its original topography of about 3:1 slope; this will necessitate removing about 2,500 cubic yards of soil from the site; 300 one way truck trips from Dorothea Road; the new slope at Cypress is an issue; this design is a 2 ½:1 slope to hold up Cypress and it will not require a retaining wall; the drainage plans have not yet been submitted and will need to be submitted; it will have to define the SUWMP requirements and how water will exit the site; how the SUWMP location will impact the site, the grading and the landscaping; the new landscape plan does show the planting of trees in excess of the replacement ratio of 2 to 1; spoke regarding General Plan Policies that will apply; massing is one of the issues on the site; the project will repair the damage to the site by re-contouring it; the new plan will preserve most of the original landform; Cypress Street will be improved with a 2 ½:1 slope; staff recommends after discussion and comment from the public to continue this item for further application or direct staff to prepare a resolution; staff feels the applicant should provide drainage plan, landscape plan and architecture of the building.
Chairman Wolfe opened this item for public comment.
Jim Ulwelling, Attorney representing applicant – provided an overview of what has occurred since February of this year; spoke re the timeline deadlines.
Wayne Simonian, Applicant – spoke regarding the major issues; the keystone wall, retaining wall in the side yard setback area; import of more than 1,000 cubic yards of soil; impact of grading on original topography; stability of Cypress Street and number of trees removed; tried to work with neighbors.
Mike Bagwell, Dorothea Road – stated the applicant has made steps; will require amendments to the CityÕs General Plan; 5 Goals have not been met as well as 16 Land Use Policies; landscaping is inadequate; drainage issues; this CUP requires a Negative Declaration; hours of operation should be limited; needs completion bond; natural grade has no factual basis; where is the permits for the septic system; needs a lot more work.
Jerry Shipman, Dorothea Road – has suffered with this project for 3 ½ years; proposed plan is not satisfactory; most of the issues are driven by the house design; driveway severely changes the drainage pattern; modifying the lot to fit the house not the house to fit the lot; asked to have the General Plan and the ordinances enforced.
Chairman Wolfe closed the public comment.
Pete Gambino, Civil Engineer – stated didnÕt break out the earthwork volume between the Cypress side and the rest of the project; the new pad will sit lower than it does now.
Mr. Melicher stated for the lower portion of the hill and except for the driveway it appears to be very close; contour maps on file from 1996 show the grade to be consistent with these plans; obvious there is a significant amount of fill up along Cypress and this was done at the CityÕs request; for the most part a significant effort has been made; drainage is not that big of an issue; water will flow perpendicular to the contour lines, historically the water has dumped on Dorothea and it will continue to do so; water coming down the driveway will present some challenge; SUSMP is not nearly such an issue as drainage; previous mud flow was caused by a lack of erosion control.
Chairman Wolfe stated the applicant has come a long way, however the house does not comply with the General Plan; wants drainage issues remedied first.
Commissioner McCoy concerned with the amount of hardscape.
Ms. Levin stated the City has made a commitment to move this project along, summarized what the Commission was looking for; staff is comfortable with the grading plan; needs the Commission input; the drainage and SUSMP will be brought back to the Planning Commission; City Engineer and Civil Engineer to meet and work out all changes before the next meeting; landscaping and erosion control; Landscape Architect to be at the next meeting to answer any questions; design issues with massing and bulking of house and the fact that it does not terrace down the hillside; applicant has requested to haul the dirt to the Cypress Pit; this would require possible a CUP from the owner of the Cypress Pit; would need to be agendized along with this project.
The Commission was not averse to hauling the dirt to the Cypress Pit.
Commissioner McCoy was concerned with the flat pad; wants slope restored before rainy season.
Chairman Wolfe stated the driving force is to step this house down the hillside; then draft a grading plan to go along with it that includes drainage and erosion control with good landscaping.
Chairman Wolfe moved to continue item to August 24, 2004. Seconded by Commissioner McCoy. All Ayes.
ITEMS FROM THE PLANNING COMMISSION
ITEMS FROM STAFF
15. Special Meeting
Ms. Massa-Lavitt explained the Mabey Project at the end of El Cajonita and asked the Commission for their availability for a special meeting to conduct a study session. It was the consensus of the Commission to e-mail their availability for a special meeting for August or September to staff for scheduling.
16. Story Pole Procedures
Ms. Massa-Lavitt indicated this would be on the Commission August agenda.
ADJOURNMENT
The meeting was adjourned at 12:40 a.m.
Robert Wolfe, Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director