CITY OF LA HABRA HEIGHTS
MINUTES OF A SPECIAL 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 Margarita McCoy. Also present Community Development Director Sandra Massa-Lavitt, Planning Technician Barbara Doppieri, Planning Intern Ernesto Chaves, Deputy City Engineer Patrick Lang and City Attorney Sandra Levin.
Alternate Commissioner Garcia absent.
3. FLAG SALUTE
Commissioner Baroldi led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
September 8, 2004
Ms. Massa-Lavitt stated the agenda had been posted.
Chairman Wolfe stated the Commission would hear a report from staff, applicantÕs presentation and then public comment.
STUDY SESSION
6. TRACT MAP 50136 (Mabey Tract)
STANDARDS MODIFICATION 2004-08, GRADING MODIFICATION 2004-03, CONDITIONAL USE PERMIT 2004-08, MULTI LOT DEVELOPMENT, (LI)
2168 El Cajonita (Lot 4)
STANDARDS MODIFICATION 2004-09, GRADING MODIFICATION 2004-04, CONDITIONAL USE PERMIT 2004-09, MULTI LOT DEVELOPMENT, (Li) 2166 El Cajonita (Lot 2)
STANDARDS MODIFICATION 2004-10, GRADING MODIFICATION 2004-05, CONDITIONAL USE PERMITS 2004-10, MULTI LOT DEVELOPMENT, (Li)
2164 El Cajonita (Lot 3)
STANDARDS MODIFICATION 2004-11, GRADING MODIFICATION 2004-06, CONDITIONAL USE PERMITS 2004-11, MULTI LOT DEVELOPMENT, (Li) 2162 El Cajonita (Lot 1)
STANDARDS MODIFICATION 2004-12, GRADING MODIFICATION 2004-07, CONDITIONAL USE PERMITS 2004-12, MULTI LOT DEVELOPMENT, (Li)
2170 El Cajonita (Lot 5)
Ms. Massa-Lavitt presented the staff report stating this is a proposed development for a five lot multi family development at the end of El Cajonita; it is a six acre site; the City Council approved the Tract Map in 1992; the final map was filed in 1998; at each extension of the map the applicant requested changes to the approval and each request was denied; the map and the original conditions of approval were recorded; the applicant was allowed to bond for the road rather than construct the road before recordation of the map; the bond is still in place; there are two conceptual grading plans from the 1998 approval; there were many confusing issues in the files because there were no approvals or date stamps; staff believes this is the approved grading plan but is not absolutely sure; the issues revolve around the grading and the grading for each lot; spoke regarding the road; limitation for each site; the issue of the retention basin; retention basin is inadequate, more information is needed; issues relating to the detention/retention basin; Condition 16 stated no development will occur that would require Grading Modifications, Variances; square feet of graded pad; spoke regarding CEQA; staff will be preparing an Initial Study then will make decisions regarding a Mitigated Negative Declaration or an Environmental Impact Report; this is a study session and no recommendation or decision will be made; this is not a public hearing, it is a public meeting; the Planning Commission will hear from the public but will make no decisions.
Chairman Wolfe suggested hearing from the applicant and then the public and then direct questions to staff.
Break taken to allow applicant to set up.
James Li, Applicant – thanked the Commission for their time; thanked staff; thanked his neighbors for their questions and concerns.
Toni Talavera, Project Coordinator – her job was to contact the community; unique City; want to preserve the harmony of the community; tried to talk to all of the residents within 500 feet; spoke to thirty residents; 20 residents were in favor of the development of the site; size of homes was an issue and drainage; held meetings with the neighbors and owner has tried to adjust the project accordingly.
Kai Chang, Architect – gave a video presentation of their proposed development of the sites; this is the size house people are looking for and with enough screening it can be accomplished.
Tom Cao, Civil Engineer – spoke regarding grading, drainage, cut, split pads, grading twice is burden to neighbors.
Ms. Massa-Lavitt stated one of the issues staff has been struggling with is whether or not the quantity of soil that was defined in the conditions of approval included the grading of the roadway; we have no way of knowing whether the roadway was included with the grading limits of each lot; using lot 1, does 7,200 square feet of pad area include the roadway or as shown on the colored drawing; it is unclear; four of the lots will drain into an area drain at the lower end of each lot and then continue to the detention basin; maintenance of these drains is an issue; Lot 5 will drain into the street and then into the detention basin.
Public Comment
Chairman Wolfe imposed a three-minute limit on speaking at this time.
Bill Kowalik, El Cajonita – summarized the long history of this project and why the conditions were imposed; this project ignores these conditions; health and safety issue with flooding; exceeds impervious coverage; exceeds grading; hydrology; sets president; drainage problems; septic failures; asked that they conform to the approvals; drainage problem on El Cajonita; ground water table unacceptable; health issues with septic systems; needs to divert water down drainage ditch to flow out of valley; health hazards with year round water in the detention basin; prescriptive easement.
Brett Jensen, El Cajonita – concerned regarding health and safety; drainage and septic; gave his opinion of staff.
Dorkis James, El Cajonita – stated moved here for the characteristics; spoke regarding the General Plan; didnÕt know if this project is rural.
Crystal Myers, Las Palomas – stated staff is supporting the developer; gave her opinion of what the City Engineer has done.
Beth Salisbury, El Cajonita – stated this property is her backyard and this is what she is going to lose; must ensure things are done right; spoke regarding Mr. LiÕs other homes on Encanada.
Julia Higgs, El Cajonita – wants Tract Map enforced; spoke regarding flooding; this is a permanent eminent danger.
Steven Blagden, Citron – spoke regarding the maps on the wall; staff interpretation is wrong; this application is wrong.
Judy Hathaway Frances, Chota – stated she was on the City Council in the 80-90s; asked the Commission to adhere to those approvals; staff, Commission and Council cannot error; carefully evaluate the project.
Elizabeth Barringer, El Cajonita – stated since 1983 there has been flooding at her house; septic tanks and leach fields; asked the Commission to tell staff to follow the approvals.
Jobie Townshead Zellner, Canonita – showed a chart of what was approved and what was denied; spoke regarding flooding; spoke regarding the timeline of the history on this project.
Tom Higgs, El Cajonita –spoke regarding soils conditions; this violates policy and principles; spoke regarding developers profit; spoke regarding safety concerns; rain falls of 1978; rural character; offended with this project.
Norm Zezula, Canonita – spoke about James Li; spoke regarding the project; spoke regarding the ordinances vs. the Conditions of Approval; referred to chart on the wall; grading quantities; six of the 12 General Plan Goals are violated.
Julia Higgs, El Cajonita – read a statement from Jim Stark.
Chairman Wolfe continued the public comments and asked if the Commission had any questions of staff.
Chairman Wolfe asked staff if these projects could move forward without a Grading Modification or Conditional Use Permit.
Ms. Massa-Lavitt stated no to Grading Modification and possible to a Conditional Use Permit.
Chairman Wolfe stated he could not tell how many cubic yards were to be exported off site.
Ms. Massa-Lavitt stated staff was not able to do the conversion.
Chairman Wolfe asked Mr. Zezula to come forward and explain how he did the conversion.
Mr. Zezula gave a copy of a document that showed how he did the conversion.
Ms. Massa-Lavitt stated she felt a CUP would also be required.
Chairman Wolfe suggested the applicant take notes of what is being discussed.
Chairman Wolfe stated he read Condition 16, read the minutes of the Planning Commission and City Council from 1992 forward; the only way he could read that was that 99% of the voters thought there shouldnÕt be anything else done to this project; sees this as an absolute; asked staff if they saw anything that would contradict his analysis.
Ms. Levin stated her reading of Condition 16 was that the application as presented here tonight does not meet the conditions of the Tract Map; a Grading Modification cannot be processed under this Tract Map; didnÕt see any way to process this application under the existing Tract Map; similarly she didnÕt see anything that indicates that Condition 12 intended to exclude the roadway from the calculation; at this point she felt the roadway needs to be included in the calculations as well.
Vice-Chairman Bergman felt this is an uphill battle that isnÕt going to happen; spoke regarding building house on lot with retention basin.
Ms. Massa-Lavitt stated what she has read it is not clear regarding a house on the lot with the retention basin.
Chairman Wolfe asked if the City was stuck with the current resolution; if there needs to be a change to the map, this is not the mechanism to change it; it would require a change to the map.
Ms. Levin stated the applicant could apply for an amendment to the Tract Map, it would be heard before the Planning Commission for recommendation to the City Council for the final decision.
Commissioner McCoy stated the map on the wall is not signed and there is no way to know if it is the approved map.
Ms. Massa-Lavitt stated it is the only conceptual grading plan in the file where the numbers match, so we can make a reasonable assumption it is the approved grading plan.
Vice-Chairman Bergman asked if the water could be dealt with without a retention basin.
Mr. Lang stated it could slowly be drained into the drainage channel; there may be two or three other ways but without water calculations it cannot be determined; possibly could be held in a tank and then slowly released; without water calculations he could not determine which system would work; explained the difference between SUSMP and drainage.
Commissioner McCoy asked how it would be maintained.
Vice-Chairman Bergman stated there are way to many issues to even get close to an approval; give direction to developer as there is a lot of work to be done on this project; we must go back to the 1992 approvals; doesnÕt want to see it back until a lot of changes have been made.
Chairman Wolfe stated the following needs to be addressed, Grading Modification, Conditional Use Permit, Conditions of Approval; drainage, water table, cut and fill, natural building site; privacy of others; Section 8522 and 8523 of the Municipal Code.
Commissioner McCoy states it also must comply with the General Plan.
Ms. Massa-Lavitt stated the additional special meeting of September 27, 2004 has been cancelled.
ADJOURNMENT
Chairman Wolfe moved to adjourn the meeting to September 29, 2004. Seconded by Commissioner McCoy. All ayes.
The meeting was adjourned at 9:52 p.m.
Robert Wolfe, Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director