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 7:36 p.m. at the Community Center, 1245 North Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Those present: 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, City Engineer Craig Melicher and City Attorney Sandra Levin.
Chairman Wolfe was absent with an excused absence.
3. FLAG SALUTE
Ed Borrowe led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
January 25, 2005
Ms. Massa-Lavitt stated the agenda had been posted.
5. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
Steven Blagden, Citron Road – passed out forms he wants the City to use; then explained how he wanted them used.
5. APPROVAL OF MINUTES OF November 23, 2004 and December 28, 2004
Commissioner Black moved to approve the minutes of November 23, 2004 as amended. Seconded by Commissioner McCoy. Vote 4-1 Baroldi abstained.
Commissioner Baroldi moved to approve the minutes of December 28, 2004 as amended. Seconded by Commissioner McCoy. Vote 5-0
CONSENT CALENDAR
6. STANDARDS MODIFICATION 2004-23 (SM), GRADING MODIFICATION 2004-15 and a TREE REMOVAL PERMIT 2004-06 (Patel) 500 Greenview
Ms. Massa-Lavitt presented the staff report stating at the last meeting the Planning Commission approved the project and the action at this meeting was to adopt the Planning Commission Resolution; however, there has been some concern that will necessitate the reopening the public hearing to allow further testimony of neighbors; staff recommended reopening the public hearing, take testimony and if appropriate adopt the resolution.
Ms. Levin spoke regarding the legal requirements for public noticing and the CityÕs past practices.
Vice-Chairman Bergman reopened the public hearing.
Clay Gomes, Leucadia – state he was representing his neighbor on Greenview; spoke regarding the driveway width; wants driveway widened; asked what has Fire authority said about the road; Commission should walk the site and view the drainage channel; trees dying; story poles are not accurate; site is unsightly.
Lynn Rolnik, Greenview – stated the neighbors have concerns; water flow concerns; there is not a lot of useable space on the lot; he paid for what he got; wants seepage pits to control the damage on her lot; her backyard is moving; geology has always shown a home cannot be built on this lot; not useable land; water course is very important; concerned regarding the house size; she has the biggest house; wants an Environmental Impact Report; doesnÕt want her property rights impacted; house is too large; wants house set back from the easement; her backyard is falling; passed out some pictures.
Commissioner Black asked regarding the previous geology studies, how she came to know about them and asked if she had copies.
Ms. Rolnik stated she hasnÕt seen the report but the previous owner had the property on the market for 20 years.
Commissioner McCoy stated she didnÕt understand the answer to Commission BlackÕs question; asked if she is aware of geological studies on this land and where they are.
Ms. Rolnik stated she knew of them but didnÕt know where they are; knew there were at least 3 geologic studies done; hasnÕt read them; property has always fallen out of escrow.
Ms. Massa-Lavitt stated CEQA exempts single family homes from environmental impact reports and negative declarations unless there is a significant issue that would be addressed in a further environmental, La Habra Heights typically exempts them from CEQA and files a categorical exemption notice; the issue with geology sound as though it might be rumor, but it would be part of the information the property owner would get as a disclosure; when the plans go into plan check the geology report goes with them; if plan check reveals there are geology on that site it will determine if the foundation is adequate or what the solution to the problems are.
Commissioner Baroldi stated the Commission is looking at the conceptual plans and the details come when the project goes into plan check.
Steven Blagden, Citron – stated this hillside moves all the time and there is an earthquake fault between Greenview and the golf course; environmental exemption is not automatic; proper noticing was not done; house is not set back from the easement; asked to have the project denied.
Ken Wilch, Civil Engineer – spoke regarding the driveway and the fact that the applicant will not use the entire driveway; the owner has two copies of soils reports and they have done a soils report and there is nothing in the report that precludes the development of the property.
Vice-Chairman Bergman then closed the public comment.
Vice-Chairman Bergman asked the City Engineer regarding the drainage.
Mr. Melicher explained there are three issues they are looking at; storm water; erosion control and NPDES; NPDES is pollution control; it overlaps with erosion control; outside the development area has not been addressed a condition could be established; development and impervious area has almost no impact on storm water in heavy rain fall; the change in volume will impact the rate at which it is flowing off the property; NPDES does not control the quantity of water they want restrictions on the rate at which the water comes off the property; they are look for no increase in the rate the water comes off the property; the quantity can go up they just done want it focused on all of the down stream Cities.
Commissioner McCoy asked about the velocity coming off this property.
Mr. Melicher suggested dumping the water into riprap to slow it down; if landscaping is where it is suppose to be you shouldnÕt have significant erosion.
Ms. Massa-Lavitt stated the resolution addresses the erosion adjacent to the driveway.
Ms. Levin stated this is the area the Commission has discretion; in this case you have a fairly extensive legal non conforming driveway; it is about 10 feet wide and in various places it is in poor condition; you have the discretion to require an update of that to current code standards; there advantages and disadvantages to that; at the last meeting it was the decision of the Planning Commission to not require the driveway to be widened to 20 feet; only the front portion was required to be widened to 20 feet to reflect the addition of the new house; if there is a concern about an erosion problem on the driveway, you can address that by conditions within this approval.
Commissioner McCoy was concerned about emergency vehicles getting through with the road in its condition; felt Condition 10 puts the burden on the surrounding residents.
Ms. Levin stated the conditions maintenance #7 would address erosion along existing driveway; the maintenance of the driveway is between the property owners; the City cannot get involved in what the rights are of the private property; the City has to look at the application before them; you have to look at is this application going to exacerbate any problem on the site or any non conformity on the site it is the obligation of the Planning Commission to address that; there is discretion to address other non conformity on the site.
Commissioner McCoy asked since the easements are almost entirely on this property is that a condition the Planning Commission can impose on that property.
Ms. Levin stated yes.
Vice Chairman asked if the easements could be brought up to code, but not the width of the driveway.
Ms. Levin you could create a 20-foot wide driveway, but you would not be granting additional easements to the adjacent property owner.
Commissioner Baroldi suggested the issue is the runoff right now; remedy may not be widening the driveway but slowing the water coming down the drainage course on the west side; Condition 8 could be rewritten to include slowing down the drainage.
Ms. Levin stated she would work on some language to address the maintenance of the trees; erosion on the driveway should be added to Condition 7.
Mr. Melicher suggested maintaining the 10 foot width but requiring the road being repaired and get the planting in there where you need it.
Commissioner Black suggested requiring the damaged portion of the driveway be repaired.
Ms. Levin stated Condition 10a could be clarified to read, ÒDamage portions of the existing driveway shall be repaired to prevent erosionÓ.
Alternate Commissioner Garcia wanted to ensure than no work would be performed within the easement.
Ms. Massa-Lavitt stated there is no encroachment into the easement other than where the new driveway comes into the project.
Alternate Commissioner Garcia felt there was an encroachment.
Ms. Levin stated that would be caught in Plan Check.
Vice-Chairman Bergman asked regarding the geology.
Mr. Melicher stated he had no known geology problems on this site; not appropriate to require prior to Zoning Approvals; this is done in Plan Check.
Commissioner McCoy voiced concerns regarding the soils and geology.
Ms. Massa-Lavitt stated there is no soils and geology report on file and there is not record of an earthquake fault zone in this area; development all around the property; no sign of significant earthquake damage in this location to indicate there is a fault; concerned that the person who testified is losing their slope; maybe the fault is under there property or it may be caused by the rains or it could be an ancient landslide; there are so many different issues that could affect a piece of property; we have no indications that there is a fault in that area.
Commissioner Baroldi stated most of this would be caught in plan check.
Mr. Melicher clarified that the act exempts 2 story single-family dwellings of wood frame constructions, so even if it were in a fault zone it wouldnÕt be enforceable.
Commissioner McCoy stated her concern was not that the applicant would be damaged but that damage would occur to the neighbors.
Commissioner Baroldi stated the City Engineer would do the proper analysis to make sure the soils are appropriate for the development.
Ms. Levin stated that Condition 13 requires Soils and Geology Report.
Ms. Levin addressed the CEQA exemption for single-family residences; Brown Act regarding the Standards Modification, Grading Modification and Tree Removal Permit. Grading Modification covers both grading limits and impervious coverage limits.
Commissioner McCoy wanted the application continued; wants neighborÕs reassured; residents have deep concerns.
Commissioner Black asked for a clarification of the blank space in the Resolution Page 2 #1 3rd paragraph.
Ms. Levin explained 25,000 square feet goes into the blank on the Resolution.
Vice-Chairman Bergman believed the soils and geology is in the resolution; runoff can be conditioned; grading adjacent to driveway be conditioned; trees to be maintained; soils and geology not part of Planning; drainage, driveway and landscaping can be conditioned.
Commissioner Baroldi felt there is a trend to larger homes; this is comparable.
Commissioner Black stated the size of the house on this lot doesnÕt bother him as much as on a smaller lot; what concerns him is the impervious; likes the idea of the existing driveway being improved; not comfortable with widening the driveway.
Commissioner Baroldi stated size of lot to house size doesnÕt bother him; concerned regarding the impervious; like existing driveway be improved at 10 feet; likes the flow being slowed.
Ms. Levin read the proposed changes to the resolution; Page 2 the figure of 25,000 was filled in; Page 5 Condition 7 was modified to read ÒThe project engineer shall prepare drainage plans that will address erosion along the existing driveway as well as the earth swale located down slope from the new home to eliminate erosionÓ; Condition 9 is modified to read ÒAll existing landscaping outside the graded project area including trees shall remain on site without damage and be maintainedÓ; Condition 10 has a sentence added to it that says ÒDamaged portions of the existing driveway shall be repaired to prevent erosionÓ.
Mr. Melicher suggested some qualifying language that reads ÒÉto the satisfaction of the City EngineerÓ to control how the water flows.
Commissioner Baroldi moved to approve Standards Modification 2004-23, Grading Modification 2004-15, and Tree Removal Permit 2004-06. Seconded by Commissioner Black. Vote 3-2 McCoy and Garcia voted no.
CONTINUED PUBLIC HEARING
7. 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 February 22, 2005.
Vice-Chairman Bergman opened the public comment.
Mike Bagwell, Dorothea – stated residents met last Wednesday; plans are going to change; sluff off from Cypress; has lost trust with the people involved in this project; wants to see the permits conditioned; spoke regarding the drainage; wants response to his letter; wants to see that everything he asks for done.
Commissioner Black asked regarding the condition on the street in front of his house with the rains.
Mr. Bagwell stated the sandbagging has worked, however they have now filled up with silt.
Commissioner McCoy asked regarding the letter he turned in.
Mr. Bagwell stated he gave it to staff 1-11-05.
Steven Blagden, Citron – stated he was concerned regarding responses to the CEQA document; silt stream off property during rains across road; size of house is important.
Vice-Chairman Bergman continued the public comment.
Commissioner Black moved to continue this item to February 22, 2005. Seconded by Commissioner Baroldi. Vote 5-0
BUILDING REHABILITATION APPEALS BOARD
8. APPEAL OF BUILDING OFFICIALS DETERMINATION OF SUBSTANDARD BUILDING (Johnson) 1144 Dorothea
Ms. Massa-Lavitt stated the applicant has written a letter requesting withdrawal of their appeal, permits have been pulled; home is vacated.
ITEMS FROM THE PLANNING COMMISSION
Ms. Massa-Lavitt stated that Chairman Wolfe had requested that staff agendize procedures for the Building Rehabilitation Appeals Board. Vice-Chairman Bergman agreed.
Alternate Commissioner Garcia spoke regarding the Habitat Authority Bio Resources Management Plan Meeting, at Whittier Senior Center on 1-31-05.
ITEMS FROM STAFF
12. Report on Community Development Department Caseload
Ms. Massa-Lavitt reported on the current road conditions especially on Hacienda Road; reported on the new Municipal Code and future meetings by the Planning Commission
ADJOURNMENT
Vice-Chairman Bergman adjourned the meeting at 9:52 p.m.
Brian Bergman, Vice-Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director