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 7:40 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 Alternate Commissioner Steve Garcia. Also present Community Development Director Sandra Massa-Lavitt, Planning Intern Ernesto Chaves, City Engineer Craig Melicher and City Attorney Sandra Levin.
Commissioner McCoy was absent with an approved absence.
3. FLAG SALUTE
Mayor Borrowe led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
October 26, 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
None
6. Approval of Minutes of August 24, 2004, September 8, 2004 & September 29, 2004.
August 24, 2004
Commissioner Black moved to approve the minutes of August 24, 2004 as amended. Seconded by Chairman Wolfe. Vote 5 –0.
September 8, 2004
Chairman Wolfe moved to approve the minutes of September 8, 2004 as written. Seconded by Commissioner Baroldi. Vote 5 –0.
September 28, 2004
Vice-Chairman Bergman moved to approve the minutes of September 28, 2004 as amended. Seconded by Commissioner Black. Vote 5 –0.
CONTINUED PUBLIC HEARING
7. STANDARDS MODIFICATION 2004-25 AND CONDITIONAL USE PERMIT 2003-03 (Sussoev) 707 Dorothea
Ms. Massa-Lavitt stated before the Commission was a resolution that was prepared for this application; explained the proposed changes; mitigated negative declaration was prepared, however staff failed to circulate the document; that will need to be done before the resolution can be adopted; Conditions of Approval Page 4 G. Should read ÒRough grading shall be completed within 30 days of issuance of a grading permitÓ; Sumac Trees will be replaced; Page 5 Condition 6 bond will be $150,000.00; Condition 7 is $60,000.00 in place for 5 years; letter from Commissioner McCoy; felt staff has addressed most of the issues raised by Mr. Bagwell, with CEQA being outstanding.
Chairman Wolfe asked if there were questions of staff.
Chairman Wolfe asked if through this resolution, the City could be assured the wall will be removed and the site restored to its original condition. Issued tabled for staff to research.
Chairman Wolfe continued the public comment.
Wayne Simonian, Applicant – stated agreed with resolution and conditions of approval with the exception of the 30-day requirement for completion of the grading; asked for 60 days.
Mr. Melicher suggested a date no later than to receive plan approval and a date no later than to complete the grading work.
Ms. Levin stated there are two different time lines operating here, concurrently, the 6 month time line to remove the wall and the 30-60 days for completion of rough grading; didnÕt believe the City could impose any conditions on the applicant if the applicant chooses to take no benefit from these approvals; if they simply walk away from the project the City is left with code enforcement remedies; if however, the applicant commences the work or takes benefit from these approvals in any part then the performance bond would be available to allow the City to complete the work.
Commissioner Baroldi asked how to impose the grading to commence after the rainy season.
Ms. Levin stated you could set these deadlines any way you like.
Mike Bagwell, Dorothea – stated the applicant failed to meet the October 15th deadline for their erosion control plan; requirements for SWPPP; City is permittee and is responsible for making sure this site operates under the guidelines of this and all other applicable permits; hopes the Commission understands the neighborÕs concerns; does not agree with the Commissions decision and will be asking the Council if this project conforms to their vision of the newly adopted General Plan; does not agree with the drainage; architectural plans are not what the Commission requested; asked the Commission to continue or deny this project; this project is not ready for the Commissions approval; CEQA is not complete.
Stephen Blagden, Citron Road – spoke regarding drainage; General Plan violations; resolution needs to be fixed; only the City Council has the authority to waive requirements; disagreed with the resolution.
Jerry Shipman, Dorothea Road – stated he was discouraged; didnÕt feel people are listening; stated has only asked for one thing, that the City follow their rules, their codes and their General Plan; why are you considering this application when these issues are outstanding; difficult to understand; drainage plan is clearly unacceptable; does not meet SUWMP; CEQA; architecture is not compliant with the General Plan; house is out of scale with the house there; violation of the General Plan; very large house on a large pile of dirt; violates General Plan and the Ordinances.
Roger Sowers, Cypress – stated neighbors do not want to compromise with the number of dump trucks; they want it done right; need guidelines set for the operation.
Norm Zezula, Canonita – spoke regarding staff and neighbors ability to rely on the staff; arenÕt the neighbors being asked to trust the same groups whoÕs negligence caused this problem; it was the neighbors who caught the violation in the first place; they had to pressure the City to take action; everyone wants to settle this matter; it is the neighbors who will have to live with this development; the neighbors would prefer to have this done right rather than quickly; we should honor their feelings; violations of the General Plan; didnÕt mean to insult anyone.
Chairman Wolfe left the public comment open and returned this item to the Commission.
Commissioner Baroldi stated there are Land Use Policies to be met, landscaping will accomplish a lot.
Chairman Wolfe spoke regarding the size of homes.
Vice-Chairman Bergman stated a lot has to do with the size of the site and how the development affects everything; there are a lot of factors that need to be addressed.
Chairman Wolfe stated there is a problem with CEQA and it needs to be re-noticed.
Alternate Commissioner Garcia spoke regarding masking and screening; spoke with flowing along the hillside; this architecture is not responsive to that idea; house dominates the site; lowering the roof 4 feet, massiveness of the face of the house would help.
Chairman Wolfe asked how dropping the house 4 feet would help.
Alternate Commissioner Garcia stated by changing the elevational relationship between the two houses will create less of an impact.
Vice-Chairman Bergman felt the retaining wall behind the house would need to be dealt with if you drop the house 4 feet.
Commissioner Black felt the revised plans, has greatly mitigated the enormity of the issues; he was still faced with concerns regarding the placement of the house.
Commissioner Baroldi asked how we get back to the point where the community isnÕt upset with this project.
Mr. Bagwell stated they had asked to work with the developer; met several times with the developer; fair amount of give and take; drainage concerns; house will still loom over him; asked that the house be stepped down more; were running out of time.
The Commission asked to here comments from the public on the architecture.
Mr. Gambino, Civil Engineer – stated you can move the house forward and down and not have a grading impact; willing to drop it 2-3 feet and slide it forward 4-6 feet; depending on how much they move it there will be grading impacts.
Chairman Wolfe stated the Commission wants the building to meld into the topography.
Mr. Shipman stated bringing it down 3-4 feet would mitigate a lot of the problems; spoke regarding drainage; asked for a session with the developer where they could speak their peace, he felt it would help.
Chairman Wolfe stated if they do continue this item, he would love to hear that the residents and the developer met and worked on these issues.
Mr. Blagden stated all that needed to be done was remove the brow off the slope, lower the house 10 vertical feet and redesigned.
Chairman Wolfe moved to continue this item to November 23, 2004. Seconded by Vice-Chairman Bergman. Vote 5 – 0.
8. STANDARDS MODIFICATION 2004-05 (SM) (Gaboras) 838 Picaacho
Ms. Massa-Lavitt stated this is a new home and garage of 5,600 square feet; the elevation is 24.8 feet; this lot and the adjacent lot are considered view lots; there are issues regarding view preservation; the project is well within the building envelope; Policy 10 of the General Plan calls out protection for local hills and valleys; the adjacent property owner expressed concerns with view obstruction; the applicant lowered the house by flattening the roof; the current plan does continue to obstruct some of the neighbors view; staff does not consider this plan a significant impairment; staff recommends approval of Standards Modification.
Chairman Wolfe asked if the Commission had questions of staff.
Commissioner Black questioned the story poles; asked if the new requirement was in effect.
Ms. Massa-Lavitt stated yes and they are pretty accurate.
Ms. Levin suggested a condition be added to the resolution that requires removal of the story poles consistent with the new regulations.
Vice-Chairman Bergman stated the story poles had fallen down.
Commissioner Baroldi agreed the poles were down.
Chairman Wolfe opened this item for public comment.
Pete Volbeda, Architect – spoke regarding the paved right of way and the challenges to get a driveway in to the site; spoke regarding the view impairment and the neighborÕs view; felt not blocking too much of the neighbors view.
Vice-Chairman Bergman stated this is the perfect lot to take advantage of stepping the house down the hillside.
Mr. Volbeda stated they have stepped the design somewhat; has stepped it as much as the owner wanted it stepped; could step it more; retaining walls to dig into the hillside; the struggle is coming off Picaacho and maintaining the driveway slope.
Alternate Commissioner Garcia asked for clarification between the grading plan and the landscape plan.
Mr. Volbeda stated the grading plan is the correct plan.
Alternate Commissioner Garcia asked if the applicant was removing any trees.
Mr. Volbeda stated one tree would not be able to be saved.
Chairman Wolfe asked if there was a mechanize that prevent you from stepping the house into the hillside as opposed to putting the house on piers.
Mr. Volbeda stated lowering the house would increase the retaining walls and the export of dirt.
Anthony Chow, Picaacho Drive – stated regarding the protection of his view; gave a power point presentation of his view impact; if the house were lowered they both would have a view; wants house lowered down the hillside; this is taking away a lot of their enjoyment.
Cornel Gaboras, owner – spoke regarding the trimming of the trees to improve Mr. ChowÕs view; has worked with the neighbor; also wants to take advantage of the view, if he drops his house he will lose his view.
Commissioner Baroldi stated lowering the house would affect the driveway slope.
Ms. Massa-Lavitt stated it is a trade off.
Mr. Chow did not feel cutting the trees would help.
Chairman Wolfe seeing no one else come forward closed the public hearing.
Vice-Chairman Bergman stated he understood why the applicant wanted the house in this location but it cannot be at the impairment of Mr. Chow; house needs to be stepped down the hillside.
Commissioner Black felt that the up hill views also need to be taken into consideration as we discuss stepping down the hill.
Vice-Chairman Bergman and Commissioner Black voiced concerns regarding the story poles.
Vice-Chairman Bergman felt stepping it down the hillside would make it work.
Vice-Chairman Bergman asked staff how much of a timeline did they have.
Ms. Massa-Lavitt stated the project was deemed complete in early October, so there is plenty of time.
Chairman Wolfe suggested continuing until next month, if the applicant is ready the case moves forward, if they are not ready it can be continued.
Chairman Wolfe asked the applicant if he understood the Commissions concerns.
Mr. Volbeda stated he understood what the Commission was looking for, he explained it to the owner and he is in agreement for a continuance.
Alternate Commissioner Garcia asked for more landscape screening on the north side of the house.
Commissioner Bergman moved to continue this item to November 23, 2004. Seconded by Commissioner Black. Vote 5 – 0.
Ms. Massa-Lavitt asked for a five-minute recess.
PUBLIC HEARINGS – NEW BUSINESS
9. STANDARDS MODIFICATION 2004-23 (SM), GRADING MODIFICATION 2004-15 AND A TREE REMOVAL PERMIT 2004-06 (Patel) 500 Greenview
Ms. Massa-Lavitt gave the staff report stating staff received this application in May and have been unable to deem the application complete; staff has been trying to work with the applicant in terms of the amount of grading that was proposed; although the impervious surface areas are within the allowable limits, staff was concerned with the hardscape, the building height, and the amount of grading coming off the site; this is a large lot, more than 3 acres in size; there are several easements running through; the City Attorney will discuss the easements; the applicant had been proposing grading quantities in excess of 5,400 cubic yards on the original plan; after discussions with staff the applicant was able to reduce the numbers in half but it did create some problems and with the decrease in the number of cubic yards to be removed on the site it raises the house; the applicant raised the house on the site to decrease the grading and with that it raised the roof; we have gone from 27 feet at the highest point to 39 feet at the highest point; those numbers caused staffÕs concern; the other issue is the applicant has three floors in a single plain; they are broken up by the use of balconies and terraces; the original house exceeded the height limit in terms of the building envelope, you can see how it has grown on the new plan; the applicant could be instructed to redesign the structure to more closely conform to the code without exceeding the building envelope; there was an issue brought up by a member of the public regarding a building setback from an easement; the code is not clear whether there is a required setback from the driveway easement; staff is not giving the Commission a recommendation; felt there were issues that the Planning Commission needs to address; the applicant is looking for some direction as well.
Chairman Wolfe asked it the Commission had any questions of staff.
Chairman Wolfe opened the public hearing.
Nil Patel, Applicant – states has been working with staff; raised the house to lower the grading; roof exceeded the envelope; gave a presentation on his project; spoke regarding the view; the foliage.
Ed Borrow, Reposado Drive – thanked the Commission for the work that they do; stated the story poles are one dimensional couldnÕt tell what this house would look like; General Plan limits house to two stories; asked to have it continued until the proper story poles are up.
Steven Blagden, Citron Road – stated this item should be continued because the story poles are not three dimensional; was easement driveway deducted from the allowables; house does not meet the setback requirements of the code; height requires a variance; third story needs to be removed.
Clag Omes, Leucadia – stated he was speaking on behalf of his neighbor who shares the easement road on Greenview; story poles do not give the full concept of the project; neighbor is concerned with the drainage issue and how they are going to control their runoff.
Ken Wilch, Civil Engineer – stated the net area of the site does exclude all of the easements; has been working with staff to step the house down the hillside; difficult to place the story poles because of the density of the trees.
Ms. Levin stated the treatment of easements on this project are from a conservative vantage point; that is all easements are eliminated from the gross area in determining what the net area is; that is not necessarily required under the code and we would need to know more about the easements to know whether it is required; the ordinance is quiet clear regarding side yard setbacks; setbacks run from the property line; not familiar with an ordinance requiring a setback from an easement.
Chairman Wolfe returned the item to the Commission
Commissioner Black stated he could not adequately visualize what this structure would look like on this site; wants story poles to give a silhouette.
Commissioner Baroldi agreed; wanted to address the three stories before they require the new story poles.
Chairman Wolfe clarified why the applicant needed accurate story poles.
Vice-Chairman Bergman stated putting decks on a house does not negate Land Use Policy 5; house can be designed to step down the hill; large lot to work with; privacy isnÕt an issue; no reason for the three stories; needs to be redesigned.
Vice-Chairman Bergman asked to talk about the building envelope and the fact it is not in compliance.
Chairman Wolfe thought the message was clear and Mr. Wilch has been here before and should understand that it is a big issue; if they can resolve it with creative architectural drawings then so be it.
Chairman Wolfe stated he would like to see the 3 stories in a single vertical plain gone; encouraged bringing the height into compliance or pitch his case.
Vice-Chairman Bergman asked regarding the time line.
Ms. Massa-Lavitt stated we had two months.
Mr. Patel stated tough to gain access to the area to redo the poles because of the trees; could go back to the original plan that has only two stories, however it does have a higher amount of grading.
Chairman Wolfe advised the applicant to re-evaluate it and if it is the plan they want to present, present it; figure out how to get the story poles up; cannot deviate from Land Use Policy 5; instructed the applicant to go work on his plans.
Vice-Chairman Bergman recommended the applicant sit down with his architect and the General Plan; the General Plan is quiet clear.
Commissioner Baroldi moved to continue this item to November 23, 2004. Seconded by Vice-Chairman Bergman. Vote 5–0.
Break taken to change the videotape.
Ms. Levin made a correction to the previous items stating that the maximum building height is the maximum without obtaining a variance.
Chairman Wolfe asked staff to make sure the applicant is aware of the code requirements.
10. CONDITIONAL USE PERMIT 2004-18 (CUP) (La Habra Christian Church) 1400 Bella Vista Drive
Ms. Massa-Lavitt presented the staff report stating the Church has an existing pre school facility on site that is limited to a maximum age of three years old; they currently have a license for 53 children; they are proposing to increase the size to a total of 60 children with a maximum age of 5 years old; so the children can stay there until they are ready for kindergarten; staff were able to make the Conditional Use Permit Findings for this project; staff recommends that the Planning Commission recommend approval of the project to the City Council and adopt the attached resolution and conditions of approval.
Chairman Wolfe asked if the Commission had any questions of staff.
Commissioner Black asked staff to correct the Resolution to read, Ò#2 Éwould not impair the integrity and characterÉÓ
Ms. Massa-Lavitt stated the applicantÕs state license would allow them to go to 60 children.
Chairman Wolfe opened the public comment.
Lawrence Rohlfing, applicant – stated this is the maximum capacity the Church could grow to; important part of the church program; stated the traffic impact is insignificant.
Randy Atanay, applicant – stated the proposal is so they will not lose the existing children they have; felt it was smart to asked for the maximum capacity; currently they are slightly under 53 children.
Mariellen Ross, Skyline Vista Drive – spoke in favor of the increase to the church.
Chairman Wolfe closed the public comment.
Commissioner Baroldi moved to recommend to the City Council approval of CUP 2004-18. Seconded by Vice-Chairman Bergman. Vote 5 – 0.
ITEMS FROM THE PLANNING COMMISSION
None
ITEMS FROM STAFF
11. Report on Planning/Building Caseload
Ms. Massa-Lavitt stated this is a report that covers Planning, Building, Code Enforcement and Public Works.
12. Government Code Section 65402
Ms. Massa-Lavitt stated this request is simply a finding of consistency with the General Plan; the City is thinking of purchasing a piece of property at the corner of Hacienda and West Road; 3 acres in size, owned by Los Angeles County Public Works; they are willing to sell the property and the City may be willing to purchase the property; it is General Plan Land Use designated as Public Facility and should the City decide to purchase this property we will have to have a consistency determination from the Planning Commission that it is consistent with the General Plan; staff recommended that the Commission make that motion.
Chairman Wolfe asked if the Commission had any questions of staff. Seeing none he opened the public comment.
Ed Borrowe, Reposado – stated the City has offered at the list price.
Ms. Levin stated in order for the purchase to actually be completed two things have to happen; this finding of General Plan consistency has to happen and a formal contract has to be approved by the City Council and executed by the Mayor.
Chairman Wolfe closed the public comment.
Chairman Wolfe agreed the proposed purchase was consistent with the General Plan.
Commissioner Black agreed.
Vice-Chairman Bergman agreed.
Commissioner Garcia moved to approve the purchase as being consistent with the General Plan. Seconded by Vice-Chairman Bergman. Vote 5 – 0.
Ms. Massa-Lavitt announced that Commissioner Margarita McCoy received an award from the American Planning Association last week; it is the 2004 Contribution to Woman Award; that was given to her for her involvement in education of Planners and her individual achievements for her teaching, research, consulting services; there are a whole host of people in Southern California that know Margarita; half of them were probably her students at Cal Poly Pomona and she is certainly worthy of this award; she has several letters after her name; FAICP; she is a Fellow in American Institute of Certified Planners.
Ms. Levin stated that she heard that at this conference that Margarita was the only one at this conference to receive a standing ovation.
Chairman Wolfe on behalf of the Commission congratulated Margarita on her present and past accomplishments; the City is privileged to have her sitting on this Commission.
ADJOURNMENT
Chairman Wolfe moved to adjourn the meeting. Seconded by Vice-Chairman Bergman. Vote 5 - 0.
The meeting was adjourned at 10:55 p.m.
Robert Wolfe, Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director