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 7:32 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, 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, Senior Management Analyst Lara Orchanian, and City Attorney Sandra Levin.
3. FLAG SALUTE
Vice-Chairman Bergman led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
December 28, 2004
Ms. Massa-Lavitt stated the agenda had been posted.
5. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
None
CONTINUED PUBLIC HEARING
6. STANDARDS MODIFICATION 2004-25 AND CONDITIONAL USE PERMIT 2003-03 (Sussoev) 707 Dorothea
Ms. Massa-Lavitt requested this item be continued to the regular Planning Commission Meeting of January 25, 2005 or possibly a special meeting of January 18, 2004.
Chairman Wolfe asked if the Commission had any questions of staff.
Chairman Wolfe opened the public comment.
Mike Bagwell, Dorothea – stated there has been a problem with the aerial survey that was done, spoke regarding lighting, grading, landscaping and story poles.
Chairman Wolfe closed the public comment.
Commissioner McCoy asked if the house has changed or is it the same.
Ms. Massa-Lavitt stated the architecture style is the same; what the did was modify the first and second floor; pulled the first floor out 12 feet and stepped the house down about 4 feet, took one foot out of the ceiling to lower the roof peak.
It was the consensus of the Planning Commission not to hold a special meeting on this item.
Chairman Wolfe moved to continue this item to the meeting of January 25, 2005. Seconded by Commissioner Baroldi. Vote 5-0.
8. STANDARDS MODIFICATION 2004-05 (SM) (Gaboras) 838 Picaacho
Mr. Chavez stated this item was continued from the meeting of October 26, 2004; the Planning Commission asked the applicant to relocate or redesign the home to eliminate the view impairment of the neighbor; the plan has been redesigned; it did increase the impervious and graded areas; decreased the first floor by 6 feet; staff recommends approval of this project and the attached resolution and conditions of approval.
Chairman Wolfe asked if there were any questions of staff.
Commissioner McCoy asked what the improvement in plans was.
Mr. Chavez stated the ridgeline was lowered.
Chairman Wolfe clarified that the first floor is behind the trees and is no longer within the view shed.
Commissioner McCoy asked about lowering the entire house on the property.
Ms. Massa-Lavitt stated the problem is with that lot; the retaining wall and snaking driveway would be formable.
Vice-Chairman Bergman stated then it would be more visible.
Chairman Wolfe opened the public comment.
Ben Unis, Civil Engineer – spoke regarding design of the building; sliding the house down would not be cost effective; sliding it down the hillside would put the first floor in the neighborÕs view.
Alternate Commissioner Garcia asked about moving the garage to the other side of the house.
Mr. Unis stated if you move the house to the other side, then you would have to slide the house down and it would put the two story element in the view plain.
Ms. Massa-Lavitt stated this view is just a portion of Mr. ChowÕs view, to the west he has in incredible view; how much would this house impact his total view plain.
Pete Volbeda, Architect, stated they started with the lowest portion of the site; a 25 foot radius to put the driveway on the other side would need 15 foot retaining walls to accomplish and then you would need to grade 1,000 yards of dirt; his property is across the canyon and he doesnÕt want to be looking at a wall of retaining walls.
Anthony Chow, Picaacho – stated gave a power point demonstration of what he thought was the affect of this development to his property; felt this plan blocks his view; didnÕt know how much of a significant view he has; asked to have it moved down the slope.
Chairman Wolfe asked if the view that is blocked now is a view of the canyon.
Mr. Chow felt it would block his city lights view.
Chairman Wolfe asked if there was a view to the canyon to the north and to the west.
Mr. Chow stated the view to the south is his primary view.
Chairman Wolfe closed the public comment.
Commissioner Baroldi stated this proposal is a nice balance.
Commissioner Black stated landscaping must also be considerate of Mr. ChowÕs view.
Vice-Chairman Bergman stated moving it down the hill will cause a lot more problems; felt Mr. Chow had a view over the house.
Alternate Commissioner Garcia felt pushing the house down would create more of a problem; site plan is neighbor friendly with the garage in this location.
Chairman Wolfe asked to have a condition of approval that any landscaping proposed be restricted to the roofline of the house.
Commissioner Baroldi moved to approve Standards Modification 2004-05. Seconded by Commissioner McCoy. Vote 5-0.
9. STANDARDS MODIFICATION 2004-23 (SM), GRADING MODIFICATION 2004-15 and a TREE REMOVAL PERMITS 2004-06 (Patel) 500 Greenview
Ms. Massa-Lavitt stated staff e-mailed to the Commission a revised staff report that corrected some of the impervious numbers; the errors were made on this plan were the calculations of the existing driveway and easements; the gross and net calculations are accurate; the easements were subtracted out of the gross and all of the calculations were based on the net acreage; however the City Engineer missed the calculations for the existing driveway easements that are on the site to be counted as impervious surface; the easement is taken out of the gross to make the net and they are also subtracted out and counted against the impervious resulting in a double penalty; this is nearly a 3 ½ acre site and it would have a total of 30,769 square feet of impervious surface on it; that includes the new project and 20 foot wide driveways on the driveway easements that are on the site now; that includes any future development of the driveway; there is no need to widen them at this point; allowable impervious surface at 17,008 and calculate out 16,000 for the existing driveways you have a pad of less than 2,000 square feet; this seems a little extraordinary; a Standards Modification allows the Commission to look at the individual circumstances on a lot; the applicant has modified the landscape plan; staff has suggested four approaches; deny the application, deny without prejudice, applicant can submit an extension letter or the Planning Commission can approve the project with the current impervious surface calculations and allow the lot to be developed; staff recommended approval of the project and instruct staff to prepare a resolution approving the project.
Chairman Wolfe asked if the Commission had any questions of staff.
Commissioner Black clarified that everyone was in concurrence with the driveway easement.
Commissioner McCoy felt there was more impervious on the site than was necessary.
Chairman Wolfe opened the public comment.
Nil Patel, applicant – stated gave his opinion of the project; felt the double dipping was ridiculous.
Chairman Wolfe closed the public comment.
Commissioner Baroldi stated it is a 3-acre site and is suitable for a large home; suggested condition of approval relating to the run off.
Ms. Levin stated there is sufficient evidence in the record to show the subjective findings that would not be granting of special privilege; runoff is of concern.
Mr. Melicher stated we are talking about a 3-acre site with a minimal amount of pavement; this site presents no particular challenges as it relates to NPDES or runoff.
Commissioner Baroldi asked how the current drainage affects the house below.
Mr. Melicher stated there is no reason why water cannot be collected, slowed or altered or channeled or piped in some manner to achieve the slowing of the water.
Commissioner McCoy stated the lot is terraced and this would slow the water.
Mr. Melicher stated that mature landscaping would slow the water.
Commissioner McCoy stated she did not see the need for this much impervious; wanted the project redesigned.
Vice-Chairman Bergman stated he felt the findings could be made for this project.
Chairman Wolfe felt there was a unique circumstance to granting this approval; felt it conformed to the General Plan.
Commissioner Black felt once walking the site he felt it did conform to the General Plan.
Commissioner McCoy didnÕt feel it blended in.
Ms. Levin suggested two additional conditions of approval if the Commission is considering an approval; 1) the applicant is required to maintain landscaping throughout the property to mitigate runoff 2) require a new application and a drainage plan before any additional pavement could be added to the roads on site; either approve the widening of the road or defer it.
Commissioner McCoy felt the driveways should be improved.
Vice-Chairman Bergman stated the road down to Mr. PatelÕs driveway needs to be brought up to code; the rest of the driveway should be improved with an approved drainage plan.
Chairman Wolfe moved to approve Standards Modification 2004-23, Grading Modification 2004-15 and Tree Removal Permit 2004-06 subject to the following conditions; the applicant maintain landscaping throughout the entire 3-acres of property to mitigate runoff from the property; any new impervious coverage for the property will need a new application; and approval of existing driveway width required by the then existing code upon approval of the City Engineer for drainage purposes. Seconded by Commissioner Black. Vote 4-1 McCoy.
9. CONDITIONAL USE PERMIT 2004-32 (City of La Habra Heights) 1885 N. Hacienda Road
Mr. Chavez stated this item was continued from the November 23rd meeting; the Commission had requested whether there had been other alternatives considered; compliance with ADA requirements, and trees to be removed; staff investigated all three concerns and found there were other sites considered, it is ADA compliant; and only one tree is to be removed.
Chairman Wolfe asked if the Commission had any questions of staff.
Commissioner McCoy did not agree with the location of the booth.
Ms. Orchanian stated Highland Riders, Parks and Recreation Committee, the City Engineer and staff had analyzed the potential location and found this to be the best location.
Chairman Wolfe opened the public comment.
Adrienne Vechonnie, Chairman of Parks and Rec Committee – the committee felt this was the best location; on the other side the building would stick out.
Terry OÕBrien, West Road - stated they had been working on this for a long time and asked for it to be approved.
Chairman Wolfe closed the public comment.
Commissioner Baroldi moved to recommend approval to the City Council of Conditional Use Permit 2004-32. Seconded by Commissioner McCoy. Vote 5-0.
Break taken from 10:30 to 10:32.
OLD BUSINESS
10. LANDSCAPE PLAN – 1901 Kashlan
Ms. Massa-Lavitt stated this project was approved earlier in the year and the Planning Commission requested to see the final landscape plan; the plan has been reviewed by the CityÕs Landscape Architect and all of his corrections have been made; staff is requesting approval of the landscape plan as submitted.
Chairman Wolfe asked if the Commission had any questions of staff.
Commissioner McCoy felt headlights would be hitting the guesthouse; felt more shrubs could conceal and screen the headlights.
Alternate Commissioner Garcia stated myaporum would do a good job of shielding.
Chairman Wolfe opened the public comment.
Mr. Barragan, owner – stated has proposed a block wall with bushes planted in front.
Alternate Commissioner Garcia asked if the owner would change the 4 gallon myaporums to 15 gallon.
Mr. Barragan agreed.
Chairman Wolfe closed the public comment.
Ms. Massa-Lavitt read Section 9302.8 of the Municipal Code that dealt with height restrictions on the height of hedges.
Chairman Wolfe moved to approve landscape plan for 1901 Kashlan. Seconded by Commissioner McCoy. Vote 5-0.
BUILDING REHABILITATION APPEALS BOARD
11. APPEAL OF BUILDING OFFICIALS DETERMINATION OF SUBSTANDARD BUILDING (Johnson) 1144 Dorothea
Ms. Massa-Lavitt stated this was an appeal of the Building Official determination of a substandard building; staff met this afternoon with the property owners and their son; the owners have moved out of the structure and have contracted with a licensed contractor to make the needed repairs; staff felt within the next two weeks they will be in to pull building permits; staff asked that the Planning Commission continue this item to the next regularly scheduled meeting on January 25, 2005.
Commissioner Baroldi did not feel these type of issues should be televised.
Ms. Levin stated this does not qualify for a closed session; there is no legal requirement that your meetings be televised; if you adopt a policy do so, so it does not affect anyoneÕs rights.
Chairman Wolfe stated the issue to televise these types of cases should be agendized for further discussion.
Chairman Wolfe moved to continue this item to the January 25, 2005 Planning Commission Meeting. Seconded by Vice-Chairman Bergman. Vote 5-0.
ITEMS FROM THE PLANNING COMMISSION
ITEMS FROM STAFF
12. Report on Community Development Department Caseload
ADJOURNMENT
Vice-Chairman Bergman moved to adjourn the meeting. Seconded by Chairman Wolfe. Vote 5 -0.
The meeting was adjourned at 10:58 p.m.
Brian Bergman, Vice-Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director