CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS
PLANNING COMMISSION
MAY 23, 2006
1. CALL MEETING TO ORDER
Chairperson Larry Black called a meeting of the La Habra Heights Planning Commission to order at 7:43 p.m. at the Community Center, 1245 North Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Chairman Larry Black, Vice Chairman Layne Baroldi, Commissioners Brent Grebbien, Margarita McCoy and Steve Garcia. Also Present Assistant City Attorney Kathy Paspalis, Community Development Director Justin Powers and City Engineer John Skeith.
3. FLAG SALUTE
Carol Engelhardt led the flag salute.
Crystal Myers made a public service announcement concerning the low cost vaccination clinic at The Park on Tuesday, June 6, 2006 from 7:00 p.m. to 8:30 p.m. for dogs and cats rabies shots. Pets need to be on a leash. At 6:00 p.m. Heights residents will give a dog agility demonstration.
4. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
Stephen Blagden, gave his opinion on property rights; discussed views from the road; objections from residents should be seriously considered and the General Plan followed.
Norm Zezula spoke regarding the size of the project; what should be relevant to the Planning Commission is the overall size of the project.
Commissioner McCoy offered a motion to approve all of the minutes listed. The motion was seconded by Vice Chairman Baroldi and approved as follows;
AYES: Baroldi, Black, Garcia, Grebbien and McCoy
NOES: None
ABSENT: None
City Attorney Paspalis suggested to take Items 7 and 8 first as they will be continued.
There was no public comment on Items 7 and 8.
Vice Chairman Baroldi offered a motion to continue Item 7 – Standards Modification 2005-24 and Grading Modification 2005-16 for OÕKeefe at 2192 Papaya Drive and Continue Item 8 – Standards Modification 2006-09, Grading Modification 2006-02, Conditional Use Permit 2006-01, and Tree Removal Permit 2006-02 for Smith at 707 Dorothea Road. The motion was seconded by Commissioner McCoy and approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien and McCoy
NOES: None
ABSENT: None
0:09:45
5. GRADING MODIFICATION 2005-11 AND STANDARDS MODIFICATION 2005-27 (Jenkins) 1600 Kashlan Road
Commissioner Margarita McCoy recused herself because she lives within 500 feet of the subject project and she left the room.
Community Development Director Powers presented the staff report stating that the applicant, Ken Parsons, is asking for Grading Modification 2005-11 and Standards Modification 2005-27, excessive impervious coverage and view preservation to exceed 500 square feet in size and 16 feet in height at 1600 Kashlan Road. The graded area has been reduced to meet the allowable amount and the impervious has been reduced, but is still over the allowable. Some of the retaining walls have been removed. There is a landscape plan. He recommended that GM 2005-11 and SM 2005-27 be approved.
Chairman Black opened the meeting for public comment on Item 6.
Judy Hathaway-Francis spoke on importance of saving the view from the road; things decided are precedent setting; rules often not followed in past; there is a view; would like to see the project use more step-down.
Margarita McCoy, noted that in her opinion this project should not be approved as it is now planned because approval would threaten the General Plan and she quoted Circulation Element 2.
John Beau, stated in his opinion the property rights of the owner are more important than the view from the road for people passing by; the General Plan is the law of the City; the significant view preservation protection must be balanced with the ownerÕs rights; in his opinion the home does not block a significant view; City should continue to be considerate of its citizens.
Norm Zezula noted Element 2 property rights are constitutional rights and cannot be limited by any CityÕs land use policy but according to a Supreme Court decision this would only apply if this was an illegal taking of the property; there is a significant view.
Stephen Blagden, noted that the elimination of retaining walls is good, but the most substantial problems still remain; violation of Circulation Element 2 is a fact; it also exceeds two stories in a vertical plane and is propped up to provide offsite views by an extended foundation; the owner is allowed 750 square feet and a height of 16 square feet; lower it one story; parking can be improved.
James Jenkins, owner, stated mass of the house has been reduced; everyone should be willing to make some compromises for balance; only the residents that get notified should make complaints and only one of those notified has complained.
Ken Parsons, architect, stated that he respects the input from people anywhere in the City; studied the property carefully and noted that he did not agree that the house is propped up, he is trying to place a flat floor on a steep slope, it does not have a big crawl space underneath where someone could later build another room; the ÒfloatingÓ garage entry is a minimal intrusion in the landscape; a snaking driveway would not fit the design and would require 2000-3000 additional square feet of grading and an additional 1000-1500 square feet of impervious coverage, which we are already exceeding, would create many other issues; view preservation; desires of client important and in his opinion the view from the road is not a significant view. Mr. Parsons explained the changes they have made.
The Commission members discussed the changes and other changes that might be made.
Chairman Black returned the meeting to the Commission for discussion.
1:12:10
The Commission discussed Circulation Element 2 for this project. The consensus was that the project does not violate Circulation Element 2 of the General Plan.
Vice Chairman Baroldi offered a motion to approve Grading Modification 2005-11 and Standards Modification 2005-27 for 1600 Kashlan Road. The motion was seconded by Chairman Black.
Commissioner Garcia commented that in his opinion the view is worth looking at and that more can be done to improve the lower segment by reducing it five feet.
The motion was approved as follows:
AYES: Baroldi, Black and Grebbien
NOES: Garcia
ABSENT: None
Chairman Black stated that the motion needs to include that the landscape plan is to be modified to the satisfaction of staff .
The amendment was agreed to by Vice Chairman Baroldi and Chairman Black.
Commissioner McCoy returned to the dais.
ITEMS FROM THE PLANNING COMMISSION
Vice Chairman Baroldi noted that John Beau is leaving La Habra Heights and has been a great contributor to the city. Chairman Black agreed.
Commissioner McCoy noted that she would not be at the next regular Commission meeting.
ITEMS FROM STAFF
9. REPORT ON PLANNING/BUILDING CASELOAD
Community Development Director Powers noted that from January to April 2006 the caseload has almost doubled over the same period last year.
10. SPECIAL PLANNING COMMISSION MEETING FOR JUNE 13, 2006
The Community Development Director noted that the special Commission meeting on June 13 has been canceled. We still need some more work on Article 9.
ADJOURNMENT
Chairman Black moved to adjourn the meeting at 9:14 p.m. Seconded by Commissioner McCoy. Vote – all Ayes.
___________________________
Larry Black, Chairman
ATTEST:
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Justin Powers, Community Development Director