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 7:30 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, City Engineer Craig Melicher and City Attorney Sandra Levin.
3. FLAG SALUTE
Bruce Douglas led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
February 22, 2005
Ms. Massa-Lavitt stated the agenda had been posted.
5. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
Rick Martin, Reposado – spoke regarding his development project that has now been appealed.
Chairman Wolfe asked the public to keep their comments focused on issues the Planning Commission can hear and not speak regarding the election.
Mr. Martin stated this appeal is political and didnÕt think this was fair.
Chairman Wolfe stated if Mr. Martin wants him to he would look into his project.
Mr. Martin stated it needs to be brought to the Commissions attention.
Katie Martin, Reposado – asked if a two story home was too large; are houses that are visible across a canyon is that right; asked the Commission to tell them what rules to follow.
Ms. Levin explained to the public that the Commission is prohibited from making any decisions from an item brought up that are not on the agenda. It is a violation of state law.
Commissioner Baroldi asked how many cases are handled administratively.
Ms. Massa-Lavitt stated about 80% of the caseload is handled administratively; about 20% come to the Planning Commission.
Chairman Wolfe apologized to Mr. Martin if this is a frivolous appeal.
Steven Blagden, Citron – spoke regarding the Building Rehabilitation Appeals Board and the need to televise those meetings.
Ann Coats, Dorothea – spoke regarding the Wildlife Corridor and AERA.
Katie Martin, Reposado – spoke regarding the HOSECA funds.
Norm Zezula, Canonita – spoke regarding candidates, General Plan, unique rural community, residents are the victims of development.
Bruce Douglas, Milmac – reviewed the CityÕs accomplishments over the last four years; thanked John Hendrickson for his management skills; praised the Fire Service; the General Plan and the updating of the municipal code; code enforcement; public works; clearing of brush and mud off the roads; thank Lara Orchanian for her outstanding efforts at brining in money; thanked all of the staff and all of the volunteers for their outstanding efforts.
Chairman Wolfe recommended moving 15610 Arbela ahead of 707 Dorothea on the agenda.
6. APPROVAL OF MINUTES OF January 25, 2005
Commissioner Black moved to approve the minutes of January 25, 2005 as amended. Seconded by Commissioner Baroldi. Vote 4-1 Wolfe abstained.
CONSENT CALENDAR
7. TREE REMOVAL PERMIT 2003-08 & APPROVAL OF LANDSCAPE PLAN
(HQT Homes) 2033 Sharpless Drive
8. TREE REMOVAL PERMIT 2003-09 AND APPROVAL OF LANDSCAPE PLAN
(HQT Homes) 2023 Sharpless Drive.
Commissioner Baroldi moved to approve Tree Removal Permits 2003-08 & 09 along with the Landscape Plans. Seconded by Commissioner McCoy. All Ayes
PUBLIC HEARING
10. GRADING MODIFICATION 2004-24 (LeClair) 15610 Arbela Drive
Ms. Massa-Lavitt presented the staff report stating this proposal is for a pool and two patio decks; impervious exceeds allowable by 4900 square feet; this includes the driveway; staff had asked the applicant to modify there plans and reduce the excessive hardscape; without pool improvements it currently exceeds the impervious by 2400 square feet; applicant requested the Planning Commission consider it on its merits; staff recommended denial; pending decision by the Planning Commission resolution will be brought back at the next meeting..
Chairman Wolfe asked if the Planning Commission had any questions of staff.
Vice-Chairman Bergman asked regarding the calculations of the entire project as it relates to the square footage.
Commissioner Baroldi asked if there was a cut and dry rule about the pool surface.
Ms. Massa-Lavitt stated the pool is non impervious.
Chairman Wolfe then opened the Public Comment.
Dru Kundi, Designer – stated he designed the pool; decking is wood; there is limited are to build the pool; designed it for low visual impact.
Chairman Wolfe complimented the designer for his plans; asked about the backwash and where the water goes.
Mr. Kundi stated the water would go into the swale and go into the storm drain in Whittier.
Kathy LeClair, property owner – stated the flat area is to be maintained with grass and trees.
Chairman Wolfe asked where the water flows from the private road.
Ms. LeClair stated it drains to Arbela in Whittier.
Commissioner Baroldi stated the common driveway takes up 9,000 square feet; the site does mitigate the water runoff and does not impact La Habra Heights.
Ms. LeClair states the private driveway works very well.
Howard Vipperman – states pool is on the slope; slope determines how much impervious you can have; it is not visible; surrounding residents all have pools.
Steven Blagden, Citron – stated impervious is two fold, drainage and aesthetics.
Chairman Wolfe closed the public comments.
Commissioner McCoy asked for clarification; 23,500 square feet of proposed impervious surface is the amount they are over.
Ms. Massa-Lavitt stated 23,500 is the total including all proposed and existing impervious.
Commissioner Black asked how the calculations were made and who made them.
Ms. Massa-Lavitt stated the City Engineer comments are in the staff report and they coincide with the applicantÕs numbers.
Vice-Chairman Bergman stated he wanted to know what the project numbers are.
Ms. Massa-Lavitt stated 22,018 square feet is already exceeded; without the pool they are already over by 2218 square feet; allowable is 18979; they currently are at 21187; the project is 2682; there is an illegal non conforming building and deck on the east side; does not have permits.
Commissioner McCoy stated if you remove the unpermitted improvements you would make up the difference.
Chairman Wolfe stated the property drains to Whittier storm drains; Standards Modification is a tool because each property is unique.
Vice-Chairman Bergman agreed.
Commissioner McCoy stated La Habra Heights is not that unique; not opposed re the aesthetics drainage is safe; aesthetics is part of impermeable; suggested removing unneeded hardscape; itÕs a crowded neighborhood.
Chairman Wolfe asked what you gain by removing a shed; what purpose does that serve.
Vice-Chairman Bergman stated they do have the support of all the neighbors.
Ms. Levin stated she was concerned regarding the unpermitted structure; suggested a condition requiring a Standards Modification and permits or removing it.
Commissioner McCoy asked regarding the decks.
Chairman Wolfe and Vice-Chairman Bergman were OK with the decks.
Chairman Wolfe moved approval of Grading Modification. Commissioner Baroldi seconded the motion.
Chairman Wolfe stated he was OK with the shed; added as a condition the applicant prove the she is permitted, file for a Standards Modification for Setback Encroachment, obtain permits or remove structure.
Vote: 5 – 0
CONTINUED PUBLIC HEARING
9. STANDARDS MODIFICATION 2004-25 AND CONDITIONAL USE PERMIT 2003-03 (Sussoev) 707 Dorothea
Ms. Massa-Lavitt presented the staff report stating this proposal includes restoration of the site to as close as possible; 2500 cubic yards to be exported; some dirt to remain to reinforce Cypress with a 1 ½: 1 slope; architecture has changed some; house has increased approximately 550 square feet; garage tucked under first floor; applicant spent a lot of time with surrounding residents; current landscape plan is pretty close to what can be approved; grading and drainage; neighbors; staff felt it can be obtained; storm water requirements can be met; extensive erosion control and it has kept the site in check; retaining wall in side yard has been reduced to 6 feet; there is an agreement reached by the neighbors and the applicant; the Mitigated Negative Declaration is attached; there are 30 days remaining to certify the negative declaration; staff recommends approval of this project.
Commissioner Black asked if the project has been moved down the slope; also whether thereÕs been any degradation of Cypress due to the recent rains.
Ms. Massa-Lavitt stated Cypress does need to be repaired as soon as possible; sluffing along Cypress; part of grading will restore Cypress; house has been lowered.
Commissioner McCoy stated the house is too big; asked to have the house reduced; asked what happened to the prior approval.
Ms. Massa-Lavitt stated the prior approval expired; neighbors met last week with the applicant and came to an agreement.
Chairman Wolfe asked about the detention basin.
Mr. Melicher stated creating as a storage basin.
Commissioner McCoy asked about West Nile Virus.
Mr. Melicher stated this was at the request of the neighbors not the City Engineer.
Chairman Wolfe opened the public comment.
Wayne Simonian, applicant – stated met with neighbors; issues have been resolved; lowered house four feet.
Jim Uwelling, Attorney – stated has good news; they have reached an agreement with the neighbors; stated they have a conflict with the indemnification language; condition is onerous; language is not reasonable; this condition is not fair to his client; requested approval without condition 10.
Chairman Wolfe clarified it is not an uncommon condition.
Mr. Uwelling stated it is not appropriate for this applicant.
Ms. Levin stated by in large the conditions in the agreement are acceptable; #3 is OK with the findings in the resolution; 3B can be condition that applicant obtain a tree removal permit to be handled administratively or it could come back to the Planning Commission; B sets the limit of grading at 2500 cubic yards for the export; H will require the most current manual used; I is mute; J we will include as a condition; K far more lacks than the City would apply; it is not acceptable; staff would rather use the more stringent standards.
Mr. Melicher explained the required process; his preference is to strike this provision.
Vice-Chairman Bergman asked about the 2500 cubic yards of export.
Mr. Melicher stated we have guessed at between 2500 and 3000 cubic yards; stated either we are approving this grading plan or we arenÕt.
Pete Gambino, Civil Engineer – stated is comfortable with the 2500 cubic yards.
Mike Bagwell, Dorothea – asked to have all of the conditions added; spoke regarding the history; Cypress is slipping; hopes the project is approved.
Commissioner Black asked if the roof had been lowered; house size has increased.
Mr. Bagwell stated he is not happy with the size; doesnÕt want to see this house wants it landscaped; came to La Habra Heights for the privacy.
Chairman Wolfe asked about the mature landscaping in the detention basin.
Mr. Bagwell stated he was told the detention basin will be moved back out of the trees; wants 50% screening within 3 years.
Commissioner McCoy asked Mr. Bagwell if he was just tired of this project and wants conditions and then its OK.
Mr. Bagwell stated yes.
Chairman Wolfe thanked the neighbors for a good job.
Jerry Shipman, Dorothea – gave his history with this project; there are many errors on the plans; there are problems with Cypress wonÕt last 3-4 months; berms on Cypress have now damaged his property; took out foot & ½ of asphalt; house is very large; screening will work.
Commissioner McCoy asked if the privacy has been achieved.
Mr. Shipman stated yes; they have done pretty well.
Steven Blagden, Citron Road – stated there has been no condition regarding the truck traffic and size of truck; talked about eh General Plan; preserving the neighborhood character; size of this house does not fit in.
Chairman Wolfe seeing no one else come forward closed the public comment.
Chairman Wolfe asked staff about the trucks.
Ms. Levin stated two of the conditions deal with truck traffic.
Ms. Massa-Lavitt stated when staff receives the route plan we will make it clear the size of vehicles, trip tickets and route.
Mr. Melicher also stated the hours of truck will be limited.
Chairman Wolfe asked about the indemnity Agreement.
Ms. Levin stated this is a standard condition that is on all Planning Commission approvals; she asked to make two changes; where it refers to applicant it should read property owner and permit should read approved.
Commissioner Baroldi asked if the Tree Removal Permit should be handled by the PC or staff.
Ms. Levin suggested conditioning it.
Vice-Chairman Bergman asked about the numbers for the performance bonds.
Ms. Levin stated we would go through the conditions of approval when the Commission is ready.
Chairman Wolfe suggested the City Engineer determine the number; wants it also to include enough money that if the site is abandoned there is enough money to revegetate the site.
Vice-Chairman Bergman agreed wants to ensure the site is restored.
Ms. Levin suggested Condition #5 read as follows: ÒPrior to the issuance of any construction or building permit the applicant will post with the City a performance bond in an amount satisfactory to the City Engineer sufficient to ensureÉ..Óends the quote; Òafter restoration to its original landformÓ insert Òincluding vegetationÓ.
Chairman Wolfe suggested the same language for #6 then suggested the amount should be set by the City Manager.
Break taken at 10:25 to change the tape. The meeting was called back to order at 10:32.
Chairman Wolfe suggested going through the Resolution.
Vice-Chairman Bergman suggested keeping the indemnity agreement in place.
Alternate Commissioner Garcia commented on the landscaping, wanted to make some comments to the landscape architect who will review these plans; he felt the 3 24Ó box mondel pines are inadequate; wanted a dozen more trees 10 foot on center; shrubs on Cypress should not be linear; wants them broken up with toyon, plumbego, catoni aster to liven it up; monoculture to take care of the ground cover for all the graded areas is a little simplistic; warrants more consideration for a variety of ground cover plants for a more naturalistic feel to the landscape.
Chairman Wolfe stated wants Cypress reinforced as much as possible.
Mr. Melicher stated, as a formal condition of the soils report will include stability of Cypress.
Chairman Wolfe agreed Paragraph 3 was redundant.
Commissioner McCoy stated we are not dealing with natural terrain here anymore; asked what that meant.
Ms. Massa-Lavitt stated the applicant undertook the initial grading operation and modified the natural terrain; what the neighbors are trying to accomplish is the findings be made in the resolution that address the previous grading activity and the need to restore as close as possible the site to the natural terrain.
Chairman Wolfe asked if the resolution provided a safeguard that are requested in Item #1.
Ms. Levin stated staff recommended that the Commission add everything except 3, 7I and 7K.
Mr. Melicher suggested Item 5 be reworded to say, Ògrading shall be minimized within the drip line of the trees.
Chairman Wolfe suggested the condition read unless it is needed to buttress Cypress; he then moved to reopen the public comment; seconded by Vice-Chairman Bergman. All Ayes.
Mr. Bagwell stated west of original cut needs to be protected.
Ms. Levin stated a condition should be put in place that reads, Òthe temporary erosion control measures should be maintained until permanent control is in placeÓ.
Ms. Levin stated the approvals do not become effective until the Covenant is recorded.
Ms. Massa-Lavitt stated a maintenance covenant is required and permits are not issued until it is recorded.
Alternate Commissioner Garcia asked to modify Item #4; should read ÒThe applicants landscape designer shall take appropriate measures to mitigate the loss of top soilÉ. said measures shall be noted on the landscape plan; the applicants landscape designer shall comply with the recommendation made in an agronomic soils report substantiating the proposed soil amendments.
Chairman Wolfe clarified the proposed changes to the resolution; incorporating the agreed upon items; with items 1, 2, 4 as amended, 5 as amended, 6, 7 a-h j l .
Ms. Levin stated there were three additional conditions; temporary erosion control; soils report shall address the support of Cypress Avenue; and the tree removal.
It was the consensus of the Commission that the Tree Removal Permit did not need to come back to the Planning Commission.
Chairman Wolfe moved to recommend to the City Council approval of SM 2004-25 & CUP 2003-03. Seconded by Commissioner McCoy. Vote 5-0.
ITEMS FROM THE PLANNING COMMISSION
10. Discussion on procedures for the Building Rehabilitation Board
Ms. Doppieri presented the staff report stating the Building Code give strict guidelines on what must be covered in a hearing but not on how the meetings are to be held; the City Council adopted those guidelines.
Ms. Massa-Lavitt stated there was some interest by the Planning Commission on whether the Building Rehabilitation Appeals Board Meetings should be televised.
Chairman Wolfe did not have a problem with holding a public meeting; his concern was whether it should be televised; Channel three is televised in parts of Whittier and Brea.
Ms. Levin stated legally you are not required to broadcast the meetings on television; you are required to allow the public to attend; if you video tape you are required to maintain those tapes for a certain period of time and make them available to the public for review; the issue is one of policy not a legal requirement under the Brown Act; typically the CityÕs policies are set by the City Council; didnÕt know if it was within the Planning CommissionÕs authority to decide; it may need to go to the City Council.
Commissioner Baroldi concern was protecting property ownerÕs rights and getting the property owner to comply; public opinion has been loud and clear to televise these meetings.
Chairman Wolfe stated the issues are should the meeting be televised and should it be held at the same time as the Planning Commission meetings.
Chairman Wolfe opened the public comment.
Norm Zezula, Canonita – felt every part of the Planning Commission meetings should be televised; all public business should be televised; the videotape speaks for itself; mediation.
Steven Blagden, Citron – felt all meetings should be televised; sets a dangerous president to not televise.
Chairman Wolfe closed the public comment and indicated the Commission had received a letter from Judy Ennis.
Vice-Chairman Bergman felt the meeting should be televised.
Commissioner Black stated there are two issues; full disclosure is important; there is nothing to hide; videotape is a full record.
Commissioner Baroldi stated televising these meetings might be the tool to maintain standards.
Commissioner McCoy stated the meetings should be televised.
Chairman Wolfe asked the CommissionÕs pleasure; suggested two separate meetings.
Ms. Levin stated the Planning Commission and the Building Rehabilitation Appeals Board are different entities; suggested two separate agendas.
Chairman Wolfe directed staff to schedule two separate meetings.
ITEMS FROM STAFF
12. Report on Community Development Department Caseload
Ms. Massa-Lavitt gave a report on the Community Development Department caseload.
13. Planning Conference in Pasadena, California
Ms. Massa-Lavitt stated the PlannerÕs Institute is scheduled in Pasadena in April; this means there will be more money to send more Commissioners.
14. Award for Margarita McCoy
Ms. Massa-Lavitt stated Commissioner McCoy would be receiving a national award at the American Planning Association; she is truly a famous womanÕs planner.
15. March 2005 Planning Commission Meeting
Ms. Massa-Lavitt stated due to staff constraints the Planning Commission meeting for March has been changed from March 22, 2005 to March 29, 2005.
ADJOURNMENT
Commissioner Baroldi moved to adjourn the meeting at 11:25 p.m. to the meeting of March 29, 2005. Seconded by Chairman Wolfe. All Ayes.
Robert Wolfe, Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director