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 7:38 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.
3. FLAG SALUTE
Commissioner McCoy led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
September 28, 2004
Ms. Massa-Lavitt stated the agenda had been posted.
5. ITEMS FROM THE PUBLIC NOT ON THE AGENDA 3-minute time limit per speaker
6. Approval of Minutes
Page 5 where it was unknown if the applicant answered the question, Chairman Wolfe stated the applicant did not have a problem with that condition.
Alternate Commissioner Garcia stated on Page 2 it should be retaining wall instead of radius.
Commissioner McCoy moved to approve the minutes of July 27, 2004 as amended. Seconded by Commissioner Baroldi. 5-0
CONSENT CALENDAR
7. STANDARDS MODIFICATION 2004-13 (McGill) 1579 Hidden Canyon
Vice-Chairman Bergman moved to approve Standards Modification 2004-13. Seconded by Chairman Wolfe. 5-0
PUBLIC HEARING – OLD BUSINESS
8. STANDARDS MODIFICATION 2003-37 and GRADING MODIFICATION 2004-08 (Kim) 1800 Dorothea
Ms. Massa-Lavitt stated the applicant is still working on his geology report; because of time constraints a decision must be made at this meeting; staff recommended denial without prejudice.
Chairman Wolfe opened the public comment and seeing no one come forward closed the public comment.
Chairman Wolfe moved to deny without prejudice Standards Modification 2003-37 and Grading Modification 2004-08. Seconded by Commissioner Baroldi. 5-0
9. STANDARDS MODIFICATION 2004-25 AND CONDITIONAL USE PERMIT 2003-03 (Sussoev) 707 Dorothea
Ms. Massa-Lavitt stated this application was continued from your previous Planning Commission meeting to allow the applicant to redesign the home and meet with policies of the General Plan, resolve grading issues, resolve the pool location and revise the landscaping plan; the new plan shows some architectural treatment changes; the pool has been removed; site grading quantities have been reduced; landscaping has been changes, sycamore trees have been added but the neighbor is not satisfied; City Engineer will discuss the grading and then Ms. Massa-Lavitt will complete the report.
Mr. Melicher spoke regarding drainage and NPDES; the following is the way the current City Engineer handles drainage; what they look for in an approvable drainage plan is as much historical water going where the historic water has always gone; any new impervious water or water from newly graded areas will be directed to the public right of way; it cannot cross private property; in this City there are some naturally occurring creaks; wanted to make a distinction between drainage and NPDES to make sure there is an understanding of the two; drainage is going back to water rights and is all regulated by case law; NPDES is the governments attempt to regulate pollutants that discharge ultimately into the ocean; impervious area does not add that much to the surface drainage to a property; soil typically soaks up 5-20 % of the water and this only gets exacerbated as the slope increase; the water from this lot has always drained onto Dorothea, however the vegetation on site has slowed the velocity down; this is what we are trying to regulate through NPDES, slow the water down to get the pollutants out of the water; this is an excellent plan to accomplish this goal; the 1996 plan on the wall shows the applicant has tried to restore the site to the original condition; this new system slows the water down and allows for the filtering of the water; the quantity hitting Dorothea will be greater but it will discharge onto Dorothea at a rate slower than today; even though the quantity will be greater over a period of time, it will hit the street at a lower rate; he thought french drains were an extremely poor choice, especially on hillsides; when you attempt to force water into the hillside you can get some significant negative impacts; from slope stability to mosquito breeding; did not want the possibility of the water getting under the road base; this is an excellent system that fully complies with all requirements that we need to satisfy NPDES and drainage.
Ms. Massa-Lavitt stated staff has been looking at the revised plans, the drainage and engineering and the landscaping; staff is recommending approval of this project; applicant needs to submit the erosion control plan; based on letter received two property owners on Cypress have suggested dropping the roof line and limit the height of landscaping; staff agrees with this recommendation.
Chairman Wolfe asked if the Commission had any questions of staff.
Commissioner McCoy stated she understood that SWSUMP new construction was prohibited from adding more drainage or runoff that existing conditions.
Mr. Melicher stated there are two issues; the ground cover will soak up water until it becomes saturated then the soil will soak up until it becomes saturated then it will flow down hill; without question huge quantities of water have always gone onto Dorothea; because the water sheet flowed in very thin layers you wouldnÕt notice it unless you got down and looked for it; water has always gone to Dorothea, no one realized it; NPDES and SWSUMP are not there to prevent drainage; if you are discharging at the same rate as before the development or less than you are achieving compliance with the requirements; the filters will slow the rate down dumping onto Dorothea; the quantity of water will be higher because of the development, but because it is choked off it will flow at a slower rate.
Chairman Wolfe regarding the gray lines on the grading plan.
Mr. Melicher stated one of the challenges has been the CityÕs need to compare proposed against the way it was three years ago for the permit processing; we need to know this to anticipate how much yardage will come out and how many trucks we are anticipating; they are not being given credit for any of the illegal grading; explained the compaction of the site.
Vice-Chairman Bergman asked regarding the filtration.
Mr. Melicher stated a structure is going in upstream of the rip rap that has filters in it that get cleaned as needed; maintenance will be tied to the landscaping.
Vice-Chairman Bergman asked what happens if they are not maintained.
Mr. Melicher stated there would be obvious signs they werenÕt being maintained; suggested a condition of approval be placed on the project that they be inspected annually and cleaned as appropriate.
Commissioner Black stated he thought the landscaping was bare in places and felt more sediment would be going into the drains; asked if the drains would work better if there was more ground cover.
Mr. Melicher stated, yes that would be mandatory; landscaping is imperative to allow the drains to work properly.
Alternate Commissioner Garcia stated the myoporums would be adequate however hydro seeding would provide immediate coverage.
Chairman Wolfe stated there are a lot of factors to be taken into consideration as to why we are even considering this much grading.
Mr. Melicher stated if you compare it to the original condition from three years ago it is still over, however but the portion that is over is contributable to the grading the staff has asked for to repair Cypress; states part of Cypress may have been cut away, part was grubbed; parts were very steep and parts were monkeyed with; this back slope provides excellent support of Cypress.
Chairman Wolfe opened the public comment.
Michael Bagwell, Dorothea – stated this project is still not ready; landscape plan does not address the concerns for the last nine months; spoke regarding providing mature screening; denser bushes; structure does not conform to the CityÕs General Plan; applicant should be given instructions to submit new plans; neighbors and the City are getting the short end of the stick; no punishment being enforced; ignoring the ordinances; drainage plan totally inadequate; no attempt to percolate any of the runoff from the parking area or driveway; no drainage pattern shown; someone is asleep at the switch; gave his opinion of what he felt SWSUMP requirements are; water runoff needs to be addressed in an environmental impact report; wants a mitigated negative declaration for this project; if these drainage problems are outside the expertise of the engineers, he suggested we get new ones; asked to have this project continued.
Jerry Shipman, Dorothea – spoke regarding drainage; stated that staff said the neighbors were lying about the runoff; spoke regarding photos; spoke regarding the grading two years ago; spoke regarding the size of the new home; when you have more hardscape you have more runoff; spoke regarding the high rate the water will leave the property; architecture is no different; high pad; sticking out; no change in landscaping; gave his opinion of where the landscaping needs to go; expects this project to be in full compliance with the City Codes and General Plan; asked the Commission to send this application back to the applicant.
Jessica Winship, Cypress – agreed with what Mr. Bagwell and Shipman said; upset that the City Engineer keeps insisting water has historically run off onto Dorothea; this water flow was all caused by the illegal grading; spoke regarding erosion control; never has been water flow on Dorothea; they have never had a problem before; City Engineer needs to understand that what he is saying is absolutely not true; they donÕt appreciate being called dumb or liars.
Chairman Wolfe asked Ms. Winship if she was saying she has not had water runoff off her property onto Dorothea ever.
Ms. Winship stated that was correct.
Steven Blagden, Ctiron – state the grading was suppose to be restored to the original condition and they are still proposing fill; house is lifted up and projected forward; spoke regarding the General Plan; drainage and SWSUMP; spoke regarding Safety Element Policies; drainage plans should be redesigned to comply with City policies and codes; plans need to be revised; suggested giving the applicant goals and continuing this item until they meet those goals.
Mr. Bagwell – stated the previous owners said the only time there was water flowing in the gully was every ten years.
Jim Uwelling, Attorney for applicant – spoke regarding the summary of the project.
Chairman Wolfe reminded Mr. Uwelling that the applicant is dealing with a lot of baggage.
Wayne Simonion, applicant – stated the issues now are landscaping and drainage; water flows downhill; suggested removing the Sumac trees along Cypress and putting them along the westerly side of the property for screening; felt the home complied with the City codes; spoke regarding Cypress; could lower the roof a foot or so.
Chairman Wolfe asked what the applicant had done to accommodate masking and screening of the home.
Mr. Simonion stated they have tucked to house into the hillside; they will use landscaping to mitigate that issue as well.
Vice-Chairman Bergman asked if there was any way to create a berm along Dorothea to absorb some of this water.
Pete Gambino, Civil Engineer – stated they looked at that but the City Engineer preferred not to do that because it would require a dry well not a berm as it could undermine Dorothea; he felt this plan was a better fix.
Alternate Commissioner Garcia asked about the v-ditch.
Mr. Gambino stated they were not proposing a v-ditch.
Chairman Wolfe asked if he agreed that the current drainage plan does not increase the runoff from historic levels.
Mr. Gambino agreed; what the City Engineer said earlier was correct, there will be more water coming off the site, it is just how you manage that water.
Mr. Melicher clarified the difference between rate and quantity; stating the peak flow rate will not be increased, it is no to say the quantity cannot be increases; if you choke the rate off what spills out is what is being limited not the quantity that will eventually get through; impact of impervious is very small 5-20 %; there are two areas, what is coming off the roof is filtered through landscaping before going where it goes and the water coming off the driveway; it is more efficient to collect it and filter it and slow it down than the way water comes off the hill today.
Alternate Commissioner Garcia thought the v-ditch was a much better idea.
Mr. Gambino stated it was discussed previously and the neighbors did not want it.
Commissioner McCoy stated they were concerned with stagnate water.
Gabriel Siapin, Landscaper – spoke regarding the landscaping plans; myoporum will cover most of the site; hydro seeding will hold the slope until the myoporum takes over.
Alternate Commissioner Garcia asked to use red fescue for the hydro seeding mix.
Mr. Siapin stated he preferred the mix on the plans, red fescue is not drought tolerant; stated the erosion control crop would be sufficient.
Alternate Commissioner Garcia stated he wanted to see some red fescue along with the alyssum mix; at the bases of the slope he wanted to see a rooted ground cover like vincaminor from the base of the house down to Dorothea; rhus lancea (African Sumac) and sycamore can be shifted over to the west side of the property.
Chairman Wolfe asked staff if this landscape plan would be going to the CityÕs Landscape Architect and he would be following the conditions of approval.
Ms. Massa-Lavitt stated yes.
Chairman Wolfe closed the public comment.
Chairman Wolfe suggested discussing what the problems are and work on solutions to those problems.
Commissioner McCoy stated it is hard to visualize what the home will look like; this house is too big; badly sited; recommended redesigning the house and re-site it.
Chairman Wolfe asked if anyone had problems with the drainage as proposed.
Commissioner Black asked if the plan was complete.
Mr. Melicher stated as a conceptual plan it is complete.
Commissioner Black stated he was satisfied with the conceptual plans.
Mr. Melicher stated this plan is contingent on the landscaping; until the landscaping is established things wonÕt work right.
Vice-Chairman Bergman asked if staff were designing this from scratch is this the plan they would use.
Mr. Melicher stated this was an excellent plan and exactly the type of plan that should be implemented in this City.
Commissioner McCoy asked when the house is in place and the landscaping is in place will you see no more water on Dorothea.
Mr. Melicher at the drainage structure located at the public way coming out when it rains will spread out and sheet flow onto Dorothea; the water flowing onto the road will be equal to or less than what is flowing onto the road prior to the development; the rate from this property will be less.
Chairman Wolfe stated he has two engineers telling him the rate flow will be the same or less and he didnÕt see a problem with these plans.
Chairman Wolfe then turned the meeting towards the architectural details.
Vice-Chairman Bergman stated he didnÕt hear a lot about the mass of the house; suggested lowering the roofline; landscaping will solve a lot of problems.
Commissioner McCoy stated they have not discussed the house because of the grading and drainage issues.
Chairman Wolfe spoke regarding Land Use 17, 7.
Commissioner Black stated the model gave him a better understanding of how it will fit on the lot; this is a much better plan.
Commissioner Baroldi asked staff if the model was realistic.
Ms. Massa-Lavitt stated this is a good representation of what it will look like; the policy is clear regarding scaling, masking and screening; this can be accomplished with landscaping.
Vice-Chairman Bergman suggested lowering the house.
Chairman Wolfe was concerned with the potential changes to the grading if we start lowering the house.
Commissioner Black spoke regarding lowering the garage.
Commissioner McCoy stated the entire structure should be lowered.
Commissioner Black stated it could be greatly softened with landscaping.
Alternate Commissioner Garcia stated his biggest concern was sedimentation; landscaping can mitigate the concerns.
Chairman Wolfe felt the landscaping concerns were runoff; screening of the site from the east and west; screening for Cypress and Dorothea; mature trees.
Ms. Levin suggested a deadline for removal of the wall; suggested additional protection such as bonding to protect the City; condition to ensure maintenance is done; procedure and consequence for damage.
Commissioner Black wanted procedures for this yearÕs erosion control.
Vice-Chairman Bergman suggested the planting of the trees now.
Mr. Melicher suggested waiting until the wall is removed and the majority of the rough grading is complete.
Chairman Wolfe requested a condition that the applicant must provide the trip tickets to the City.
Ms. Levin stated this time the City can imposes consequences for not filing the trip tickets.
Commissioner Baroldi requested the roof be lowered 1- 1 ½-feet.
Ms. Levin suggested staff prepare a resolution for the next meeting.
Chairman Wolfe summarized some of the conditions; timeframe on removal of wall; bonding to ensure it is done according to the specs; maintenance of drainage improvements; trees to be planted no later than rough grading; retaining wall to be removed; reducing the roof height at least 1 foot as long as it doesnÕt affect the ability to place a concrete tile roof; garage can also be lowered a couple of feet; and all landscaping issues previously discussed; landscape plan approved by City Landscape Architect will be brought back to the Planning Commission for approval.
Chairman Wolfe moved to continue Standards Modification 2004-25 and Conditional Use Permit 2003-03; staff instructed to prepare a resolution to approve the project with the conditions that were discussed. Seconded by Commissioner Black. 5-0. Chairman Wolfe kept the public hearing open until the resolution is approved.
Break taken to change the tapes.
PUBLIC HEARINGS – NEW BUSINESS
Commissioner Baroldi recused himself from the next application because it is his project. He then left the room.
10. STANDARDS MODIFICATION 2004-16B (SM), GRADING MODIFICATION 2004-14 (GM), TREE REMOVAL PERMIT 2004-03 (TRP) (Baroldi) 135 Reposado
Ms. Massa-Lavitt presented the staff report stating this is a request for a new single family home; to be located on a 1.04 acre site; this parcel was part of a two lot subdivision approved in 1992, this map was recorded in 2000; the property is surrounded by single family residences; there is a flag driveway serving two homes; the grading of the site includes 1900 cubic yards of soil in the creating of a two to one slope at the sides of the structure for the purpose of creating a flat pad for the house; applicant felt this was the best plan for the site; garage is tucked under the home; home is around 2500 square feet; 6 avocado and fruit trees are to be removed; and will replace with 12 24Ó box trees; staff recommends approval of this project.
Chairman Wolfe asked if the Commission had any questions of staff.
Vice-Chairman Bergman asked if the driveway would affect the drainage course.
Ms. Massa-Lavitt stated the driveway would not affect the drainage course and would not impede the water flow.
Chairman Wolfe opened the public comment.
Kenneth Wilch, Engineer – stated the driveway has a slight slope and a curve on the west side and the water would flow down this curb line out to the street; driveway is a maximum of 15%; not restricting existing drainage course.
Vice-Chairman Bergman concerned with driveway crossing over a drainage course.
Mr. Wilch states the drainage course is outside of the driveway.
Commissioner Black asked about the retaining wall along the driveway.
Mr. Wilch stated behind the house it is 5 feet high, along the driveway it is 5-7 feet high.
Layne Baroldi, owner – stated agreed with the staff report and was here to answer any questions.
Commissioner Black asked how long the existing terracing had been there.
Mr. Baroldi stated since around the 20s.
Chairman Wolfe closed the public comment.
Commissioner McCoy asked when the information on the grading plan is different that what is in the staff report.
Ms. Massa-Lavitt stated the information in the staff report comes from the City Engineer after his review.
Chairman Wolfe asked the height of the cut slope to create the driveway.
Mr. Wilch stated the wall is13-14 feet high; the slope is 6 feet high.
Chairman Wolfe closed the public comment.
Chairman Wolfe stated this was a good plan; staff to include the Tree Removal Permit in the Resolution.
Commissioner McCoy stated she liked the plan.
Commissioner Black agreed, liked the landscape and irrigation plan.
Vice-Chairman Bergman was pleased with the development.
Chairman Wolfe moved to approve Standards Modification 2004-16B, Grading Modification 2004-14 and Tree Removal Permit 2004-03. Seconded by Vice-Chairman Bergman. 5-0
Commissioner Baroldi again took his seat on the dais; Chairman Wolfe recused himself from the next item, as he is a member of the Golf Club. Vice-Chairman Bergman took the chair.
11. CONDITIONAL USE PERMIT 2004-19 (CUP) (Hacienda Golf Club) 718 East Road
Ms. Massa-Lavitt presented the staff report stating this is a request for a replacement of an above and below ground fuel tanks and the issuance of approvals for an above ground fuel tank; the location will be the maintenance yard on East Road and Deep Canyon; the site is 13 acres; the tanks will be behind Buildings D & E as shown on the plans; the applicant will be removing a 1,000 gallon under ground tank and a 500 gallon above ground tank and both will be replaced with 2 1,000 gallon above ground tanks; soils and geology will be required as well as clean up if there are any leaks from the tank; any leak will need to be treated and certified; staff recommends that the Planning Commission recommend approval to the City Council.
Commissioner Black asked who monitors this operation.
Mr. Melicher stated the Los Angeles Regional Water Quality Control Board monitors it; Fire Department also regulated the tanks.
Vice-Chairman Bergman asked about the berm capable of handling a spill.
Ms. Massa-Lavitt states the Fire Department regulates the containment berm and they will be required to regulate it during Plan Check.
Vice-Chairman Bergman opened the public comment.
Frank Cordero, Club Manager – stated they were here to answer any questions the Commission may have.
Peter Sokoloff, Manufactures Representative – spoke regarding the details of the tank and the containment berm.
Vice-Chairman Bergman closed the public comment.
Commissioner Baroldi moved to recommend approval to the City Council of Conditional Use Permit 2004-19. Seconded by Commissioner McCoy. 5-0
Chairman Wolfe returned to the Chair.
12. STANDARDS MODIFICATION 2004-05 (SM) (Gaboras) 838 Picaacho
Ms. Massa-Lavitt presented the staff report stating after staff did the public noticing the applicant decided to redesign the project; there is an identifiable view obstruction with a neighbor; staff recommended continuance to a date uncertain.
Chairman Wolfe opened this item for public comments, seeing no one come forward he closed the public comment.
Commissioner Black moved to continue Standards Modification 2004-05 to a date uncertain. Seconded by Chairman Wolfe. 5-0
ITEMS FROM THE PLANNING COMMISSION
None
ITEMS FROM STAFF
13. Report on Planning/Building Caseload
Ms. Massa-Lavitt stated this is a report that covers Planning, Building and Code Enforcement. Soon it will include Public Works.
ADJOURNMENT
Commissioner McCoy moved to adjourn the meeting. Seconded by Commissioner Black. All ayes.
The meeting was adjourned at 11:46 p.m.
Robert Wolfe, Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director