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 7:48 p.m. at the Community Center, 1245 North Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Those present: Chairman Robert Wolfe, 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
Commissioner Baroldi led the flag salute.
4. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF
March 29, 2005
Ms. Massa-Lavitt stated the agenda had been posted for the continued meeting of March 22, 2005 and March 29, 2005.
5. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
Norm Zezula, Canonita – spoke regarding strictly enforcing the General Plan and AERA.
Steven Blagden, Citron – spoke regarding appeals; wants a fund set up so appeals can be regularly filed; spoke on prior projects and his perception of staff errors.
6. APPROVAL OF MINUTES OF February 22, 2005.
Commissioner McCoy moved to approve the minutes of February 22, 2005 as amended. Seconded by Commissioner Baroldi. Vote 5 - 0.
CONSENT CALENDAR
7. GRADING MODIFICATION 2004-24 (LeClair) 15610 Arbela Drive
Ms. Massa-Lavitt stated she has revised the resolution modifying some of the findings; indemnity condition was corrected; the applicant has removed the shed in the side yard and we may be able to issue a permit for the deck in side yard.
Commissioner Black moved to approve Grading Modification 2004-24 and adoption of the Resolution 2005-02. Seconded by Commissioner Garcia. Vote 5 – 0.
PUBLIC HEARING
10. STANDARDS MODIFICATION 2004-04 (Yao) 2415 Ardsheal
Ms. Massa-Lavitt presented the staff report stating this proposal is for construction of a house and garage at 2415 Ardsheal; this property was part of a larger parcel that was subdivided; on this property is a portion of a driveway easement that was a circular driveway leading to the original house; that easement is conditioned to be removed from this site before we issue building permits; the easement does create a problem with impervious coverage; applicant has agreed to remove it; the site is 1 ¾ acres; 45 % slope; the project site is located in about the flattest portion of the lot; it is an area that will require the least amount of grading; especially to get the driveway to the home; the total size of the project is 5,728 square feet; the design of the home steps with the slope; it is one story at the rear of the home and two stories at the front; the home has been stepped down the hill; it still needs retaining walls.
Alternate Commissioner Garcia recused himself because he lives within 500 feet of the project site and left the dais.
Ms. Massa-Lavitt continued her staff report discussing the landscaping; four other property owners met with staff on this project; staff felt there was not view impairment with the surrounding residents; the SaylorŐs were most concerned with the landscaping; because of some of these landscape issue is the reason staff sent it off to the CityŐs landscape architect; his comments are in your staff report; applicant has modified his plans; staff recommends the Planning Commission adopt the Categorical Exemption and approve the Standards Modification.
Chairman Wolfe asked if the Planning Commission had any questions of staff.
Commissioner McCoy asked regarding the easement that appears to go nowhere.
Ms. Massa-Lavitt stated staff and the owner have researched it and do not yet know what it is for and where it goes.
Commissioner Baroldi had spoken to the owner and he felt it was a water subsurface easement that has been abandoned.
Chairman Wolfe then opened the Public Comment.
Charles Yao, property owner – stated bought the property on October 2003; he spoke regarding the merits of the development; felt his landscaping will improve this lot; there is 75-100 feet between his home and the SaylorŐs; no view impairment.
Kai Chan, Architect – spoke regarding the project; did adjust the plans after the neighbors reviewed the plans.
Gene Metzger, Ardsheal – spoke regarding the project; itŐs a nice house; concerned regarding the mass on the east side of the house; wants drought tolerant trees on the down slope; wants owners to review the landscape plan.
Commissioner McCoy asked regarding the easement.
Mr. Metzger though it was an oil easement.
Lorette Saylor, Ardsheal – spoke regarding the project; sold property to Mr. Yao; sold it to him because he expressed desire to preserve the trees; asked the commission to move it 10-15-20 feet ease; landscaping and preserving the trees; the Jeffrey Pine is compromised by the grading; wants the project moved easterly 20 feet for her privacy; her bed and bath wall of windows faces this site; spoke regarding the easement, it is a utility easement and her utilities would have to relocated and they have not yet agreed to move those utilities.
Mr. Yao clarified the easement is a utility easement; he will have to pay for relocation of the utilities and to remove the pavement.
Mr. Cao stated moving the house east will make the driveway too steep; it will also result in too much grading and really high retaining walls.
Chairman Wolfe closed the public comments.
Ms. Massa-Lavitt stated a utility easement is non-exclusive.
Commissioner Baroldi moved to reopen the public hearing; Commissioner Black seconded the motion. All ayes.
Jack Saylor, Ardsheal - stated the easement under the road is 2-4 feet trench that houses the gas, electrical and telephone.
Mr. Melicher retaining walls would increase and grading would increase; five foot retaining wall by motor court; shifting would increase grading and retaining wall heights.
Commissioner McCoy asked why it couldn't be moved.
Mr. Melicher the project would need to be reduced.
Commissioner McCoy stated she would like to see the trees saved but understood the driveway would be too difficult if moved.
Commissioner Baroldi asked if the Jeffrey Tree could be transplanted.
Commissioner Black asked for more trees down slope to provide more screening; felt it was too excessive to move the house to the east.
Commissioner McCoy stated the driveway is the problem.
Chairman Wolfe stated the trees could come back; effect of the house; address MetzgerŐs and SaylorŐs concerns in landscaping.
Commissioner Baroldi stated the Commission should condition landscaping to come back to the Planning Commission.
Commissioner Black asked if the landscape plan could include exterior lighting plan.
Ms. Massa-Lavitt stated yes it could be made a condition of approval; stated they will add a condition of approval that requires the landscape plan come back to the Planning Commission.
Commissioner McCoy asked for an exterior illumination plan as well.
Ms. Levin stated the Indemnity provision needs to be corrected before the resolution is signed.
Commissioner McCoy moved to approve Standards Modification 2004-04 with the conditions as amended. Commissioner Black seconded motion. Vote 4-0
Alternate Commissioner Garcia returned to the dais.
9. STANDARDS MODIFICATION 2004-34 (Martin) 557 Reposado Drive
Ms. Levin stated an issue has arisen while the posted agenda was correct on this item, the notice that was sent to the neighbors had an incorrect date; without waivers from all the neighbors; the Commission has the option of continuing the item or taking public comment; but not making a decision.
Ms. Massa-Lavitt presented the staff report stating this proposal is for a remodel and addition of square footage at 550 Reposado; original home was constructed in 1948; the site is located across Reposado to home at a higher elevation; adjacent property owners views are not over this site; the original project submitted did exceed the impervious surface allowed and the applicant went back and modified the plans and reduced the impact on impervious surface by removing a driveway; staff approved this project administratively; it was consistent will all the requirements; notice was mailed out of the administrative decision and an appeal was received; staff has attempted to address some of the concerns in the appeal; appeal issue address concerns with the location of the new driveway, the chain link fence that is in the public right of way, retaining wall that holds up a slope in the public right of way, the appearance of the rear elevation, the landscaping of the site, the chain link fence will be removed, landscaping along the roadway, shed in side yard; staff remains with its recommendation that the Planning Commission certify an exemption to CEQA and deny the appeal of the Administrative Approval and approve Standards Modification 2004-34 and adopting the attached resolution and conditions of approval.
Chairman Wolfe asked if the Commission had any questions of staff.
Chairman Wolfe asked if this was a denovo review.
Ms. Levin stated yes.
Commissioner McCoy asked what that meant.
Ms. Levin stated you review the case all over again.
Commissioner McCoy asked about Land Use Policy 25.
Ms. Massa-Lavitt stated in making a decision staff looks at the General Plan to see that the policies are followed; this project required a Standards Modification; they were consistent with all of the performance standards in the current code; there was no formal meeting the applicant and appellants met separately with staff.
Commissioner McCoy suggested this meeting be held before the next meeting.
Ms. Levin stated this policy deals with project that do not meet a performance standard; had staff determined that this project did not meet a performance standard it would have been appropriate to hold a meeting before denying an application; staffŐs conclusion was that it did meet the performance standards; it has now been appealed to the Planning Commission and it is up to the Commission to determine if the performance standards have been met.
Commissioner Baroldi suggested opening the Public Comment and hear what the issues are.
Chairman Wolfe asked the Commissions pleasure and with consensus opened the public comment. Chairman Wolfe explained he was limiting public comment to three minutes.
Ed Borrowe, Reposado – stated his issues were, no landscape plan, placement of the driveway, original drive, no drainage plan, staff has not done a satisfactory job; cumulative effects create a trend, General Plan Goals and Policies have not been met; Goal 7, not harmonious, Land Use Policy 2, dominates site, doesnŐt blend in; maybe landscaping will help, scaled, Land Use 13.
Cecelia Borrowe, Reposado – stated there is view impairment; where is the driveway to be placed, wants correct accurate figures; lets get serious, plans must be complete and correct, retaining wall, panoramic view, massive and dominating; landscape plans are necessary, not consistent with General Plan.
Roland vom Dorp, Reposado – stated this is an impact on him, he owns two lots adjacent to the Martins; length of home, looks like a strip mall, landscape plan is important, drainage plan, lack of permeable surface; fences on his property, bougainvillea on property line hang over on his property and it is a nuisance.
Stephen Blagden, Citron – stated his concerns with the landscape plan, retaining wall, extended foundation for the garage, offered to meet with the applicant, General Plan, does not meld, redesign, findings.
Rick Martin, Reposado – spoke in favor of his project, spent a year with his architect, offered to meet with the neighbors to no avail, objected to the attack on staff, invited the Commission to come to their home; it was the GunnsŐ retaining wall that failed not theirs, appellantŐs had provided misleading information.
John Beau, Casalero – stated staff is helpful and pleasant; staff does a fine job; a lot of fences are in the public right of way, General Plan does not provide for any widening of Reposado; retaining wall holds the slope of the roadway; road will fail if you remove the wall; landscape plans, General Plan, with a remodel you have start with what is there.
Ken Parsons, Architect – stated he looked forward to meeting with the appellants, had spoken with Mr. Blagden; spoke regarding house size; conceptual grading plan; drainage has been addressed; final grading plan is approve by the City Engineer; landscape plan; wet stamp is based on state law and required before issuance of a building permit; ¼ mile of retaining walls, these are landscape walls; staff has been helpful and willing to work with us; the driveway is a condition of approval.
Chairman Wolfe clarified the correct square footage at 4,155 square feet.
Mr. Parsons stated yes.
Norm Zezula, Canonita – stated this project would max out the allowable impervious coverage; the appellants have been denied their due process.
Ms. Levin clarified for the Planning Commission the point of the appeal is view preservation and the findings that relate to this application; whether protectable views are impaired; most of what you have heard tonight are code enforcement issues; suggested not making a decision tonight and allow for re-noticing.
Chairman Wolfe left the Public Comment open and asked the Commission if the hearing should be continued.
Commissioner McCoy agreed the item should be continued.
Chairman Wolfe suggested a special meeting
Commissioner Black agreed
Commissioner Baroldi agreed.
Ms. Massa-Lavitt suggested April 12.
Ms. Levin stated the hearing has to be re-noticed.
Chairman Wolfe asked the Commission to check their calendars and let staff know dates of availability.
Chairman Wolfe moved to continue this item to a special meeting tentatively scheduled for April 12th. Seconded by Commissioner Baroldi. Vote: 5-0
Commissioner Baroldi suggested a landscape plan for the next meeting.
ITEMS FROM THE PLANNING COMMISSION
Chairman Wolfe thanked Brian Bergman for all of his hard work on the Planning Commission.
ITEMS FROM STAFF
Ms. Massa-Lavitt announced that Margarita McCoy has received national honors from the American Planning Association for her contribution to women in planning last week in San Francisco to a standing ovation.
10. Report on Planning/Building Caseload
ADJOURNMENT
Commissioner Baroldi moved to adjourn the meeting at 10:44 p.m. to the meeting of April 26, 2005. Seconded by Chairman Wolfe. All Ayes.
Robert Wolfe, Chairman
ATTEST:
Sandra Massa-Lavitt, Community Development Director