CITY OF La Habra HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS
PLANNING COMMISSION
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Vice Chairman Black called a meeting of the La Habra Heights Planning Commission to order at 7:40 p.m. in the Community Center, 1245 Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Those present: Vice Chairman Larry Black, Commissioners Layne Baroldi, Brent Grebbien, Margarita McCoy and Alternate Stephen Garcia. Absent: Chairman Robert Wolfe. Also present Community Development Director Sandra Massa-Lavitt, Planning Technician Barbara Doppieri, City Engineer Craig Melicher and City Attorney Sandra Levin.
Vice Chair Black noted that they would move Item 6 from the Consent Calendar to following the Consent Calendar.
3. FLAG SALUTE
Mike Bagwell led the flag salute.
4. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
Stephen Blagden, Citron Road, suggested Items from the Public should be on subjects on and off the Agenda so the public would not have to wait as long.
0:03:10
5. Approval of Minutes 8-9-05, 8-23-05, 8-30-05 and 9-6-05
Commissioner McCoy moved to approve the minutes of August 9, 2005. Seconded by Commissioner Baroldi. AYES: 5 NOES: 0 .
Commissioner Baroldi moved to approve the minutes of August 23, 2005 as amended. Seconded by Commissioner Grebbien. AYES: 5 NOES: 0 .
Commissioner Baroldi moved to approve the minutes of August 30, 2005 as amended. Seconded by Vice Chair Black. AYES: 5 NOES: 0 .
Commission McCoy moved to approve the minutes of September 6, 2005 as amended. Seconded by Commissioner Baroldi. AYES: 5 NOES: 0 .
0:11:44
CONSENT CALENDAR
Item 6. was moved out of the Consent Calendar.
7. STANDARDS MODIFICATION 2005-01 (Harrison) 1965 N. Cypress
Community Development Director Massa-Lavitt stated that a corrected copy was made for the Cypress address, Resolution 2005-10 and noted that the Commission could consider Item 7 and 8 together.
8. APPROVAL OF LANDSCAPE PLAN FOR 2415 Ardsheal
Commissioner Baroldi moved to approve Standards Modification 2005-01 for 1965 N. Cypress and the Landscape Plan for 2415 Ardsheal, with the amendment of the December date instead of a November date.
Ms. Massa-Lavitt noted that Alternate Garcia will recuse himself from any decisions on the Ardsheal item.
City Attorney Levin stated that if there is any conflict on this item we cannot discuss it with Mr. Garcia in the room. He can stay and not vote, but if there is any discussion he must leave the room.
Alternate Garcia noted that the reason he would have to recuse himself is because he lives within 500 feet of 2415 Ardsheal.
The motion was seconded by Commissioner McCoy. AYES: 4 NOES: 0 .
0:15:10
PUBLIC HEARING
6. STANDARDS MODIFICATION 2005-10 (Eicher) 1707 Kanola Road
Approval of resolution.
Vice Chair Black opened the meeting for Public Comment
Craig Sperling spoke of technical issues; easement; stated important documents were not with the plans, needed reports had not been done; mentioned restricted area reports; asked they drop project 30 or 35 feet; more landscaping is needed; parking is a problem in the area;
Community Development Director Massa-Lavitt explained that the Fire Department has signed off on these preliminary plans; not required a turnaround. We have a copy of the geology report which substantiates that a portion of the lot should be restricted. It recommends that there be no structures there.
Ken Parsons stated that borings showed evidence of land slippage; considered other areas; will take care of the needed screening; drainage is a problem.
Stephen Blagden. Citron Road, addressed issues he feels still exist; stated items are missing from the application.
Norm Zezula, referred to a section in the Resolution under Standards Modifications for Setbacks and noted the reason for encroachment into side yard setback.
Vice Chair Black closed Public Comment.
Commissioner McCoy discussed possible tree removal; possibly they should continue the proceedings to give the neighbor and the owner time to settle conflicts.
Ms. Massa-Lavitt suggested that unless there is a Health or Safety issue to consider, we pass the comments on to the owner so he knows what the neighbor says. We will respond with a comment at Commission direction.
Commissioner Baroldi offered a motion to approve Resolution 2005-10 with the caveat that the Landscape Plan come back to the Commission and on page 5, last sentence of number 9, change the name; on page six, change the date.
City Attorney Levin noted that there are three places in the Resolution where it mentions Standards Modification for View Preservation. These need to be changed to cover Standards Modification for View Preservation and Setbacks and Grading. Make a change to the explanation of finding number 2 on page 2. The last sentence of the explanation should be broken into two sentences. ÒThe narrow portion of the lot is the only developable portion where any new home may be constructed. As a result, construction of a house consistent with other homes in the neighborhood necessitates the encroachment into the side yard setback.Ó On page 4, condition number three should say; ÒThe applicant shall submit three sets of final landscaping/irrigation plans for review and approval by the Planning Commission.Ó The wording on condition 5, Page 4 should say Òthe landscape plan shall include enhanced landscape materials along the east and north sides of the project for the purpose of protecting privacy of adjacent propertyÓ.
Commissioner Baroldi revised his motion incorporating the recommended changes mentioned by City Attorney. The motion was seconded by Commissioner Grebbien. Approved as follows:
AYES: Baroldi, Black, Grebbien and Garcia
NOES: None
ABSTAIN: McCoy
ABSENT: Wolfe
1:9:35
9. GRADING MODIFICATION 2005-15 AND STANDARDS MODIFICATION 2005-20 (Turner) 1888 Subtropic Drive
Community Development Director Massa-Lavitt reported that this is an application for an addition to a legal nonconforming home constructed in 1955. This will be a two-story addition on the south side (front) and a single story addition at the easterly side of the house. The two- story addition will vary in setback encroachment from 10 feet to 21 feet. There are no encroachments proposed on the second floor of the addition. Ms. Massa-Lavitt noted that there is a conflict between the Project Engineer and the City Engineer on the Impervious Surface. This home does exceed todayÕs requirements for Impervious Surface as a legal nonconforming home. The Project Engineer states the Impervious Surface is over by 104 square feet and the City Engineer says it is over by 779 square feet. The graded area is not increased. There will be a cut and an export of 213 cubic yards of soil. The Impervious Surface will be exacerbated somewhat. Staff recommends that the Planning Commission approve this project and adopt the Resolution.
Vice Chair Black opened the meeting for Public Comment.
Ken Parsons, Architect, explained that we are going underneath the house with a basement area; about 70% of the structure will remain basically the same; the Structural Engineering will decide which area of the roof will remain or be removed; all grading occurs in an already graded area; he spoke about the difference in the amount of Impervious Surface and noted that with the worst scenario, it would only be exceeded by 2,000 square feet; not encroaching up to 21 feet, but leaving 21 feet of the setback, actually encroaching from 4 feet up to 11 feet; parking in the setback is already existing; impact should be minimal.
The Commission discussed the Item with Mr. Parsons.
Vice Chair Black closed Public Comment and returned the meeting to the Commission.
Alternate Garcia moved to approve Grading Modification 2005-15 and Standards Modification 2005-20.
City Attorney Levin commented that she will come back with a Resolution as the Draft Resolution was incomplete as to the findings.
The motion was Seconded by Commissioner Baroldi. AYES: 5 NOES: 0 .
1:35:41
10. GRADING MODIFICATION 2004-22 & STANDARDS MODIFICATION 2004-36 (Dogar) 805 West Road
Community Development Director Massa-Lavitt stated that this is a request to approve a lot that was created in a three-lot parcel map that the Planning Commission reviewed in 2003. The proposal has been in the office for a year while it has been incomplete. The total graded area for the house and driveway is 17,940 square feet, 16,082 is the maximum allowed. The Impervious Surface is also exceeded. Since the Staff Report was written, the Project Engineer (Ken Wilch) contacted staff and provided numbers for the driveway that are not consistent with the numbers in the Staff Report. Mr. Wilch notes that the Impervious Surface is no longer over the amount allowed. The City Engineer has not had time to check those figures. The project involves cut and fill in the amount of 1,315 cubic yards of soil. A long serpentine road creates a good deal of grading so that placing a house on any of these lots becomes problematic. Because they have not taken advantage of the natural terrain, it is not consistent with the General Plan. There would have to be a grading permit to grade off site for the driveway. The property line is on the road. Two of the lots will share the grading and Impervious Surface. She noted that at this time she does not know if the drainage structures shown have been checked to see if they comply with SUSMP requirements. There is an equestrian easement on the property and it has been reflected in terms of the gross and net area for the parcel; Ms. Massa-Lavitt recommended to deny or continue the project and is requesting that the Applicant provide plans that are more consistent with the General Plan goals and policies including a step-down with the lot so that it avoids much of the grading now planned.
Vice Chair Black opened the meeting for Public Comment.
Pete Volveda, Architect, explained that they changed the plan to step down the garage to a basement level under the house bringing the cut and fill to the required level and thereby achieving one General Plan goal; pointed out what he felt was compliance and other positive points; height of house; reduction of grading area possibilities; retaining walls.
The Planning Commission discussed the Item with Mr. Volveda and Engineer Melicher.
Ken Wilch, Project Engineer, spoke of placement on the lot; Impervious Coverage explanation; details of present proposed driveway.
The Commission discussed this Item with Mr. Wilch.
Staff and Planning Commission discussed the legalities of the road width when the different houses on this parcel are built with City Engineer Melicher.
City Attorney Levin pointed out two problems on this Item. This lot was not recorded as Staff supposed. Whatever your decision, you can request the recordation of these lots. The City does not process applications that have not been recorded. The next problem is that this should have been processed as a multiple lot development project. Under the Code covering this subject, the intent is that development of adjacent parcels under common control not be done piecemeal. It then goes to the City Council for a final review. It will need to be resubmitted as a multiple lot development project or revised in some other way. You may want to give them some helpful advice. She noted that easements should be recorded also.
The Commissioners each expressed the things they would like to see in another application from the owner.
Mr. Volveda, Architect, asked how much information he would need on the whole parcel of three lots. He suggested they have a conceptual plan with a landscape plan, a site plan, grading plan and elevations.
City Attorney Levin noted that a single lot can be developed. The amount of information needed other than for the single lot varies parcel to parcel. You should ask the Community Development Director what she needs. There needs to be enough information to allow to conclude that all of the lots can be developed.
The Planning Commission discussed how they should handle this Item.
City Attorney Levin advised that they could have a Continuance, a Denial With Prejudice, a Denial Without Prejudice, or ask the Applicant if he is willing to withdraw the application. It is possible that a Continuance could run into a Permit Streamlining time problem. The simplest is probably to ask the Applicant if he is willing to withdraw the application.
Ms. Massa-Lavitt noted that this would give the Applicant time to process any changes they make.
Vice Chair Black opened the meeting for further Public Comment.
Mr. Volveda stated that they prefer a Continuation.
Commissioner Baroldi moved to Deny Without Prejudice Grading Modification 2004-22 and Standards Modification 2004-36. Seconded by Alternate Garcia.
The motion was approved as follows: AYES: 5 NOES: 0 .
11. ZONING CODE AMENDMENT 2005-01 – Article 7 – Zoning Ordinance
Community Development Director Massa-Lavitt explained that they will not do anything about this item tonight. November 30, 2005 will be your Special Meeting at 7:00 p.m.
ITEMS FROM THE PLANNING COMMISSION
Alternate Garcia noted that he would like the Commission to reconsider Item 8 and he would like to make a public comment.
City Attorney Levin explained that Mr. Garcia will come to the podium and make his comment and then leave the room and the Commission will vote whether they want to make a change or not. If they want to reconsider then he will come back and make his comments on the Item and then leave the room again so you can decide.
Stephen Garcia asked that the Commission reconsider Item 8. He stated that he would like to address the Landscape Plan because he is concerned that the style of the landscape presented will affect the value and quality of the views from his home. He stated that he is located to the Southeast of 2415 Ardsheal.
City Attorney Levin commented that this needs to be considered very carefully as the people concerned have already gone home and she suggested that if they want to reconsider that you vote to reconsider at another meeting and re-notice it.
The Planning Commission discussed the policy and the precedent that might be started.
Vice Chair Black noted that he had a card from Mr. Garcia and did not call him during the item.
Vice Chair Black offered a motion that they reconsider Item 8 at the next meeting. Seconded by Commissioner Baroldi.
City Attorney Levin noted that they will re-notice this and bring it back as an action item.
Alternate Garcia returned to the dais.
ITEMS FROM STAFF
12. Report on Planning/Building Caseload Ms. Massa-Lavitt noted that this report is a receive and file report.
Commissioner McCoy suggested that they request the City Council appoint an arbitration panel to handle arbitrations.
The consensus of the Commission was to agendise such an item.
ADJOURNMENT
Commissioner Baroldi moved to adjourn the meeting at 10:44 p.m. to the Special Meeting of November 30, 2005.
____________________________________
Larry Black, Vice Chairman
ATTEST:
Justin Powers, Community Development Director