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 7:35 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. 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.
Alternate Commissioner Steve Garcia was absent with an excused absence.
3. FLAG SALUTE
Mayor Borrowe led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
June 22, 2004
Ms. Massa-Lavitt stated the agenda had been posted.
5. APPROVAL OF MINUTES
Approval of Minutes of 7-27-04
Vice-Chairman Bergman asked for a correction on line 268 to 12 months.
Commissioner McCoy asked for a correction to the spelling of Jessica WinshipÕs name on line 49; wants line 196 to accord with her recollection of the meeting.
Chairman Wolfe moved to continue the minutes the meeting of September 28, 2004. Seconded by Commissioner Baroldi. 5-0
Chairman Wolfe moved to move Item 9 to the front of the agenda. Seconded by Commissioner Black. All ayes.
9. STANDARDS MODIFICATION 2004-25 (Sussoev) 707 Dorothea
Ms. Massa-Lavitt presented the staff report stating the applicant is requesting to legalize an illegal grading operation; import of soil and 20 foot high retaining wall; this was continued from the Commission meeting of July 27th; the applicant has revised the architectural drawing to be a little more consistent with neighborhood compatibility and respecting the topography of the natural terrain; applicant will be restoring the former slope; staff felt the architectural drawings are pretty close; site plan, floor plans, elevation plans were revised; driveway reduced in length; turnaround has been reduced; the applicant has created a split level design with the upper floor pulled back from the lower floor; front door was modified and reduced, improving the bulk of the property; wings have been modified; bulking and massing has been reduced by the new design; the applicant will be removing about 2,500 cubic yards of soil from the site; the drainage facilities have been modified to the satisfaction of the City Engineer; the revised plan the City Engineer has seen meets the requirements of SUSMP; staff feels this design more close meets the policies of the General Plan; staff recommended pending discussion of the Planning Commission that the project be continued for further information and clarification or approve the project and direct staff to prepare the appropriate resolution for your next meeting.
Chairman Wolfe asked if the Commission had any questions for staff.
Commissioner McCoy asked if there was room for improvement.
Ms. Massa-Lavitt stated there is always room for improvement.
Chairman Wolfe asked what the current cut on Cypress was.
Ms. Massa-Lavitt stated it is currently 1:1, however these plans show it at a 2:1; a much better solution.
Commissioner Baroldi asked if this could be adequately screened with landscaping.
Ms. Massa-Lavitt stated Alternate Commissioner Garcia has reviewed the landscape plan and yes it will screen this house.
Chairman Wolfe then opened the public hearing.
Wayne Simon ion, applicant – thanked staff for helping them with the project; explained what they have done; would like to export the dirt to the Cypress Pit.
Mike Bagwell, Dorothea – stated this is a better plan; landscape plan needs more work; needs more screening with trees; run off; erosion control; collapse of Dorothea; why need for terracing; why grading for the pool; felt it was his responsibility to ensure Dorothea Road does not collapse because of erosion from this site; why a 6 foot wide moot running across the property; plans are not ready; didnÕt think the City Engineer should approve these plans; this is going too fast.
Steve Blagden, Citron – asked the Commission to get it right rather than rush it; the plan does not comply with General Plan; too boxy; break up vertical; drainage is most important.
Jerry Shipman, Dorothea – commended applicant however the plans are inaccurate; new plan doesnÕt go far enough; drainage; wants big trees between his house; plan doesnÕt meet General Plan or the codes; donÕt rush it through; wants 25-30 foot trees to screen; didnÕt feel they should comprise the codes or the General Plan because we want to clean up a mess in a hurry; suggested the City Attorney not try and rush this through because she made a commitment that no one knew of.
Chairman Wolfe stated he was taking responsibility for rushing this project.
Ms. Levin stated the City is concerned regarding safety and security of the roadway; Mr. Colantuono committed to the public at a City Council meeting that he would make sure it got done; staff has no interest in moving this project forward if it does not comply with the General Plan.
Jim Uwelling, attorney for applicant – spoke regarding balance; suggested the City also look at it from the owners view point; we will never have perfection; have made huge changes.
Commissioner McCoy spoke regarding the excessive hardscape; asked why it was necessary for all of this hardscape leading to the house.
Pete Gambino, Civil Engineer – stated the design of the driveway is to gain access to the house; felt could keep the impervious numbers below requirements; pool is only conceptual; there was room in the impervious coverage calculations for the extra parking and the walk up to the front door; explained the technical aspect of handling the drainage; explained how the water had flowed historically; historically the water has sheet flowed down the slope onto Dorothea; the majority of the water made it way to the bottom left hand corner of the site where it enters a drainage course; felt the drainage plan was aggressive; if there is an objection to the terrace drain they can remove it; spoke regarding temporary erosion control measures in the interim; spoke about S.U.S.M.P.
Commissioner Black asked if it was necessary to drain the roof drainage to the street.
Mr. Gambino stated no, filtering through landscape areas will work; or through vegetated swales; it doesnÕt need to be taken to the street.
Norm Zezula, Canonita – stated the General Plan must be complied with and if the project does not comply there is no balance to be struck.
Chairman Wolfe then closed the public comment.
Chairman Wolfe stated these plans were a marketed improvement; there are a lot of open items are left; stated he had grave concerns about Cypress; not too concerned with the impervious coverage; drainage must be addressed and the structure of the house.
Commissioner McCoy concerned about the temporary situation when the rains come; better plan but they are not there yet; wants to see it done right; can temporary measures contain the drainage during this rainy season or are Cypress and Dorothea in jeopardy.
Mr. Melicher stated Cypress needs to be corrected; didnÕt feel Cypress was an immanent hazard; the City has an approved erosion control plan from last winter that could be re-implemented for this rainy season; water will always flow downhill to Dorothea; what we donÕt want to happen is the sediment to come along with it; need to correct the concentration of the water.
Vice-Chairman Bergman asked about timeline.
Ms. Massa-Lavitt stated as the application was just deemed complete we now have 90 days and one 90-day extension beyond that.
Vice-Chairman Bergman shared the same comments as the rest of the Commission; wants the house mitigated with landscaping.
Chairman Wolfe moved to reopen the public hearing. Seconded by Commissioner McCoy. All ayes.
Chairman Wolfe moved to continue this item to September 28, 2004 to allow time for corrections to the landscape plan, the drainage plan and the architectural plans. Seconded by Commissioner Baroldi. 5-0
Chairman Wolfe then left the meeting at 8:57 pm. Vice-Chairman Bergman took the chair.
6. ITEMS FROM THE PUBLIC NOT ON THE AGENDA 3-minute time limit per speaker
Norm Zezula, Canonita - spoke regarding the Mabey project; suggested the Commission read the complete file.
Ms. Massa-Lavitt explained the Mabey project would be coming to the Planning Commission for a study session on September 8, 2004.
Elizabeth Barringer, El Cajonita – spoke regarding the Mabey project.
Beth Salisbury, El Cajonita – spoke regarding the Mabey project.
Carolyn Stark, Las Palomas – spoke regarding the Mabey project.
Julia Higgs, El Cajonita – spoke regarding the Mabey project.
Tom Higgs, El Cajonita – warned the Commission about the Mabey project.
Crystal Myers, Las Palomas – spoke regarding the Mabey project.
Steve Blagden, Citron – gave his opinion of 707 Dorothea; spoke regarding the Mabey project.
Elaine Dressing, Las Palomas – spoke regarding the Mabey project.
PUBLIC HEARING – OLD BUSINESS
7. STANDARDS MODIFICATION 2003-37 and GRADING MODIFICATION 2004-08 (Kim) 1800 Dorothea
Ms. Massa-Lavitt gave the staff report requesting a continuance of this item until the Geology Report is completed.
Commissioner Baroldi moved to continue this item to the September 28, 2004 meeting. Seconded by Commissioner McCoy. 4-1 Wolfe Absent.
PUBLIC HEARING – NEW BUSINESS
8. STANDARDS MODIFICATION 2003-33 & Grading Modification 2004-11 (Sashin) 2015 Deep Canyon
Ms. Massa-Lavitt presented the staff report stating this was continued from the last meeting; the applicant was requested to modify the site plan, accurately calculate the grading quantities, enhance the landscape plan and to calculate the lots build able area, using its net calculation not the gross; the applicant has revised the site plan, staff has placed a condition in the resolution that if the project is changed this approval will become void and it will be brought back before the Planning Commission; the applicant has provided a revised enhanced landscape plan reflecting the Commissions request; the City Engineer has reviewed the project and states the grading and impervious coverage are within the allowable, however the site is no longer a balanced site, exporting 700 cubic yards of soil, 87 truck trips; condition of approval was added that discusses the soil, the truck routes and where the soil will be deposited; staff recommends approval of this project subject to the conditions of approval.
Vice-Chairman Bergman asked if the Commission had any questions of staff.
Commissioner McCoy felt this easement needs to be taken out of the net figures; concerned regarding granting approval with this dispute; concerned issuing an approval will influence the outcome of the litigation.
Ms. Levin stated the obligation is to proceed as per recorded title.
Ms. Massa-Lavitt agreed that the easement footage for the license agreement needs to be taken out of the net figures.
Vice-Chairman Bergman opened the public hearing.
Daniel Dascanio, Architect – stated the property line difference was about 6 inches; shifted the home 3 inches, does not dispute what the FranklinÕs are saying about the property line; moved the parking spaces; added landscaping; civil engineer has now shown his contours; this project drains to the golf course; has not subtracted the license agreement because it will still be walked on and used; as long as the neighbors have access through their property they have no intention to separating the properties; would be over on impervious if they had to subtract it out; would remove some impervious if that is what it would take to get approvals.
Vice-Chairman Bergman asked staff if the license agreement was the same as an easement.
Ms. Massa-Lavitt stated it is a matter of terminology and staff is treating the license agreement as an easement.
James Franklin, Deep Canyon – stated they have a deed-recorded easement.
Irene Franklin, Deep Canyon – stated the current plan does not accommodate their easement; it places large trees in front of their gate; wants the plans revised to show the easement; asked that it be continued or denied without prejudice.
Ms. Levin sited Section 9120.1; defines net area, however net area includes any easement where the owner has the right to use the entire surface; staff believes this area is properly shown according to City Codes.
Commissioner Baroldi asked if the 10 ft x 177 access was left gravel would it be considered impervious.
Ms. Massa-Lavitt stated yes, however there are other modifications that can be made to the plan, such as the swimming pool.
Ms. Levin recommended issuing appropriate warnings to the applicant of the risks and obtains indemnity agreements to protect the City.
Commissioner Baroldi agreed with Ms. Massa-Lavitt of taking the swimming pool out of this approval.
Steve Blagden, Citron – felt the easement should be deducted from the net.
Mr. Franklin stated the property line is 18Ó off.
Mr. Dascanio stated the licensed agreement is on the plans; more favorable to changing the driveway rather than eliminating the swimming pool, will pull the pool out of the setback.
Vice-Chairman Bergman closed the public comment.
Commissioner Baroldi stated if the applicant does plant trees in the easement, they are doing so at their own risk; condition that the pool be relocated out of the setback.
Vice-Chairman Bergman stated this is a better plan; didnÕt feel they were approving anything that was inconsistent with the easement.
Commissioner Black stated he was not too concerned with the applicant being over on the impervious coverage; concerned with the swimming pool in the setback; wants it conditioned that the pool is not in the setback.
Commissioner McCoy stated this is a crowded lot; drainage is not a problem; the swimming pool has to be out of the setback; uncomfortable with the license agreement.
Commissioner Black agreed he was uncomfortable with the easement as well.
Commissioner McCoy asked about denying the project without prejudice and allowing reapplication once title is clear.
Ms. Levin did not advise the Commission to deny the project based on a title dispute; they are required to process applications when record title is held; the remedy is beyond this body; they cannot deny a project based on an allegation of unclean title.
Commissioner Baroldi spoke regarding the pool.
Ms. Levin stated because you do not have a setback modification in front of the Commission she suggested eliminating pool w/o prejudice from the approvals and have the applicant submit a new application in the future for the pool.
Ms. Massa-Lavitt suggested the following additional conditions – Additionally indemnifies and holds the City harmless.
Commissioner Black moved to approve Standards Modification 2003-33 & Grading Modification 2004-11 for the building of the home and guest house and deny without prejudice the swimming pool with the additional condition to indemnify and hold the City harmless. Commissioner Baroldi seconded the motion. 3-1. McCoy Noe; Wolfe absent.
Break taken at 10:35 to change the tapes. Meeting called back to order at 10:42 p.m.
PUBLIC HEARINGS – NEW BUSINESS
10. STANDARDS MODIFICATION 2004-13 (McGill) 1579 Hidden Canyon
Ms. Massa-Lavitt presented the staff report this is a one acre piece of property at the end of Hidden Canyon Road; single family home on the site; the applicant is requesting to place three sheds on the property within the setback area; topography is flat; applicant is asking approval to legalize the sheds; staff is recommending that the sheds be denied because they are in the setback; if the Planning Commission can make the findings and decides to approve the Standards Modification, staff will bring a resolution back at your next regularly scheduled meeting.
Vice-Chairman Bergman asked if the Commission had any questions of staff.
Vice-Chairman Bergman opened the public comment.
Amy McGill, Hidden Canyon – gave a presentation of her site; explained the surrounding property and the topography and why the sheds need to be in the setbacks.
Vice-Chairman Bergman closed the public comment.
Commissioner McCoy stated in this case she couldnÕt see any neighbors that would be impacted by these sheds and they are moveable.
Commissioner Baroldi agreed.
Commissioner Black also agreed
Vice-Chairman Bergman stated they were hidden where they are; wanted a condition added regarding landscaping so they are hidden.
Ms. Massa-Lavitt stated they could shield them with ivy.
Ms. Levin suggested adding a condition that the landscaping be maintained to shield the sheds from the neighboring property.
Vice-Chairman Bergman moved to approve Standards Modification 2004-13 with the conditions that the buildings must allow for landscaping; landscaping be maintained; color be consistent to blend in with existing buildings; landscape to hide color; that a resolution be brought back to the Commission at their next regularly scheduled meeting. Seconded by Commissioner Baroldi. 4-1 Wolfe absent.
ITEMS FROM THE PLANNING COMMISSION
ITEMS FROM STAFF
11. Story Pole Procedure
Ms. Levin presented the staff report stating staff was providing to the Commission a revised story pole procedure.
Commissioner Baroldi moved to approve procedures with suggested changes. Seconded Commissioner McCoy. 4-1 Wolfe absent.
ADJOURNMENT
Vice-Chairman Bergman adjourned the meeting to the September 8, 2004 Special Meeting.
The meeting was adjourned at 11:28 p.m.
Robert Wolfe, Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director