CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS
OCTOBER 26, 2006
1. CALL MEETING TO ORDER
Chairman Larry Black called the La Habra Heights Regular Planning Commission Meeting to order on Thursday, October 26, 2006 at 7:36 P.M. in the Community Center, 1245 Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Present: Chairman Larry Black, Vice Chairman Layne Baroldi and Commissioners Steve Garcia, Brent Grebbien and Margarita McCoy.
Staff: Assistant City Attorney Kathy Paspalis and Community Development Director Justin Powers.
3. FLAG SALUTE
Chairman Black led the flag salute.
4. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
There were no comments for items not on the Agenda.
5. STANDARDS MODIFICATION 2005-02, GRADING MODIFICATION 2006-11 (Lopez) 166 East Road
Chairman Black opened the Public Hearing and asked Community Development Director Powers for a staff report.
Community Development Director Powers presented the staff report stating that the applicant was requesting a Standards Modification for View Preservation and a Grading Modification. They are exceeding limits on the proposed impervious coverage. Development constraints are: a blue line stream, private driveway, known slope instability which requires foundation work and multiple retaining walls. We have found no View Preservation issues and recommend approval.
Chairman Black asked what process staff went through on the retaining walls.
Chairman Black asked for public comment.
John Borakonski, representing the applicant, stated that he agrees with the staff report and with the conclusions and recommendations in it. He stated that the project conforms to the character of the neighborhood.
Mark Ficinski, project Engineer, described that the grade beams will be two feet wide and three feet deep, joining to the piles. He commented that you will only see the face of the walls and the vegetation will cover them. He stated that he would be open to place trees in front of the house to soften the view from East Road.
Chairman Black returned the meeting to the Commission for discussion.
After discussion the Planning Commission noted that they would like to see the following:
á Sufficient trees in front of the home to screen it from East Road.
Chairman Black moved to approve Standards Modification 2005-02 and Grading Modification 2006-11 for 166 East Road, with the condition that there will be sufficient landscaping in front and Commissioner Garcia noted that the trees should be natural to the area, approximately nine in number, placed randomly. Seconded by Vice Chairman Baroldi and approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien and McCoy
NOES: None
ABSENT: None
The Commission discussed if there was room to obtain 50% screening and where it might be located.
0:33:04
6. STANDARDS MODIFICATION 2005-07, GRADING MODIFICATION 2006-08 (Pigott) 1404 La Riata Drive
Chairman Black asked for a staff report.
Community Development Director Powers reported that the applicants, James & Alison Pigott, are requesting Standards Modification 2005-07 for view preservation and Grading Modification 2006-08. He noted that the proposed graded area is over the allowed amount. He noted that there is a difference in how this was figured. He stated that the pool is now counted as pervious. Mr. Powers stated that staff is recommending approval of the house and pool and denial of the barn, access road and arena. Instruct the applicant to propose new trees that will not grow so tall.
Chairman Black asked for public comment.
Norman Dandurand, La Riata Drive, stated that he is concerned with the view and the parking on the street during construction and that he is also concerned that on the southwest corner of his property, there will be some vehicular traffic that will compact his soil and leave contaminants on his property from the trucks.
Alfred Vasquez, Cloister Drive, stated that he disagrees with the Staff Report findings on 13, 15, 16, 17, 18, 19, 20, and 23. He stated that he was O.K. with the house and pool, but not with the barn, access road and arena.
Mike Kowalski, Civil Engineer for the project, stated that they are only 3% in excess of the allowable gradable area for the barn, access road and arena, which is about 1300 square feet over allowable. If we bring that down the Commission might look more favorably on the project.
Chairman Black returned the meeting to the Commission for discussion.
They discussed the landscape plan for screening and height for view preservation.
Chairman Black reopened the public comment.
Alison Pigott, applicant, stated that they have been working on this for three years and she noted that they are willing to change the trees; they donŐt want to obstruct anyoneŐs view; she stated that they want to do everything they can to respect the neighborŐs wishes; she explained that they are not expecting many people to bring horses to ride in their arena, it is not for boarding purposes. She will have three horses most of the time. Ms. Pigott asked that the Commission work with them as they have tried to work with everyone. We will use a rubberized compound with the soil in the arena to hold down the dust.
Chairman Black returned the meeting to the Commission.
The Commission continued to discuss the barn and the arena.
Chairman Black opened the discussion to Alison Pigott.
Alison Pigott explained that to shorten the access road would mean moving the barn and this would put it in the way of neighbors. The access is very necessary.
Norman Danduran, stated that he believed the neighbors would rather have the excess grading than have the barn closer.
Chairman Black brought the Public Hearing back to the Commission. He stated that there are three issues: the house and pool, the barn and arena, and the landscaping.
The Commission consensus was that they had no problem with the house and pool.
The Commission next discussed the barn and arena noting that they will be looking at this with the old Code as far as allowed gradable and impervious area.
Commissioner Garcia stated that he was concerned that there was so much landscaping that the irrigation drainage would cause a problem.
Mike Kowalski, Engineer, stated that his drainage system is designed for a 50 year storm event, and this area is a natural canyon and we will be collecting runoff from 15 acres of property above us, running down to 1406 and then into the City of Whittier and eventually into an 84 inch storm drain pipe. Mr. Kowalski stated that the irrigation for landscaping would be a trickle in comparison to a storm event.
Community Development Director Powers noted that the reason they did not approve the barn and arena was that as a secondary use the cut and fill earth movement was too far over what we allow.
Chairman Black noted that the overage is 3.5%.
The Commission discussed the cumulative issues caused by the two lots and how far you can go in considering the impact on the neighborhood by the two barns and arenas.
The Commission next considered the landscaping.
The Commissions consensus was that they did not want the tall trees at the back of the property or anywhere else that would cause a view problem. They also wanted 50% screening.
Vice Chairman Baroldi moved to continue Item 6 for later in the meeting and discuss Item 7. The motion was seconded by Commissioner McCoy and approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien and McCoy
NOES: None
ABSENT: None
2:15:20
7. STANDARDS MODIFICATION 2006-07, GRADING MODIFICATION 2006-01 (Esqueda) 1406 La Riata Drive
Community Development Director Powers reported that the applicant is Ken Parsons. He noted that both the proposed graded area and the impervious coverage are over the allowable amounts. Major earthwork is required and major grading required for secondary uses. There are terraced retaining walls for the arena and potential impacts for view concerns for the neighbor. The area for the arena is rather steep. Staff recommends approval for the residential development and swimming pool and denial without prejudice for the barn, arena and access road. There is no landscape plan.
Chairman Black opened the public hearing for public comment.
Ken Parsons, architect for the project, explained that even on flat ground an arena of 10,000 square feet would be about 80 feet across and 100-110 feet long. If that area is raised or lowered three feet it is well over 1,000 cubic yards. Since the arena is a fairly flat area when done the large numbers have less of a visual impact than the same number for a house. Mr. Parsons stated that this was the only place the arena and barn could be located. He noted that the applicants are serious horse people and he asked that we take everything into consideration. He noted that the drainage on this lot is similar to that on 1404. We have areas for screening the barn and arena. We have kept the house as far away as possible from the neighbors at the bottom of the canyon. These are private operations. Mr. Parsons stated that they would have landscaping along the property line to protect the owners privacy from the three-story home being built on the other side of their property line. He noted that the arena would be treated with a rubberized compound mixed in with the soil to minimize dust. Mr. Parsons answered a question from the Commission, stating that none of the large evergreen trees near the Whittier line would be removed as they are in the City of Whittier.
The Commission asked if the owners could do without the arena.
Carrie Esqueda, stated that they are heavily into show horses and they could not do without the arena as the barn and arena go together.
Ken Parsons answered a Commission question by stating that the corral fence has to be separated by a couple of feet from the retaining walls for safety.
Engineer Kowalski, explained that the fence was not shown on the plans due to a drafting error and the buffer zone should be four feet between the fence and the wall.
Chairman Black returned the meeting to the Commission for discussion.
The Commission discussed concerns with the overage of grading and the impervious coverage and the massing of the house. The slope made this project difficult and the height of the retaining wall on the south side of the property was a concern. A landscape plan is needed.
Chairman Black reopened public comment.
Ken Parsons, architect, noted that they had previously considered sharing the arena between the two properties, but were told that was not possible as the Ordinances do not allow an arena to encroach within the setbacks. That is why we ended up having two separate arenas. It was recommended that the barns and arenas of these two properties should be denied without prejudice. That would mean that they would have to apply anew for the barn and arena and he was of the opinion that they would then be under the new ordinances and might not even be able to have an arena. We may be able to talk about it and figure a way to do this.
Community Development Director Powers explained that if it were denied without prejudice when they bring it back it would still be under the existing Code.
Chairman Black asked for an intermission to change tapes at 10:36 P.M. The meeting was reconvened at 10:48 P.M.
3:10:00
Assistant City Attorney Paspalis noted that the Permit Streamlining Act would end around January 14, 2007.
Ken Parsons thought there was a good possibility that one arena could be worked out between the two projects.
Commissioner Baroldi asked if there is anything within the Code that would preclude a proposal where an arena could be bisected by a property line.
Assistant City Attorney Paspalis noted that as far as she knows the only issues would be the fence and retaining wall.
Ken Parsons stated that there could be a setback modification or some kind of easement set up because they want the arena to be shared with rights of use.
Chairman Black returned the meeting to the Commission for continued discussion.
Commissioner McCoy moved to continue consideration of Item 7 for Standards Modification 2006-07 and Grading Modification 2006-01 for 1406 La Riata Drive. The motion was seconded by Commissioner Garcia.
Community Development Director Powers noted that they have four or five cases to consider at the November 21, 2006 Regular Meeting.
Chairman Black asked how much time would be needed to make some of the decisions.
Ken Parsons stated that they could have 1406 La Riata ready by November 21, 2006 and the Landscape Plan would be ready by then. He stated that he needs to know what sort of legal information you might want to see about any arrangement between the two properties. There might be some conditions of approval that might help.
Community Development Director Powers stated that any changes in figures would have to be checked by staff.
Chairman Black asked if they might consider an early December meeting since the November meeting is so full with other projects. He stated that if this is possible, the applicants should be notified.
Assistant City Attorney Paspalis commented that there can be one permissible extension of the Permit Streamlining Act and that would not involve a change to the new Code.
The motion to continue Item 7 was approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien and McCoy
NOES: None
ABSENT: None
Vice Chairman Baroldi moved to reopen Item 6 on 1404 La Riata. The motion was seconded by Chairman Black and approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien and McCoy
NOES: None
ABSENT: None
Vice Chairman Baroldi moved to approve the staff recommendation to approve the house and pool at 1404 La Riata, and that the applicant bring back the plan with the landscaping condition changes and reject the proposed barn and arena without prejudice. The motion was seconded by Commissioner Grebbien and approved as follows:
AYES: Baroldi, Black, Grebbien and McCoy.
NOES: Garcia
ABSENT: None
8. A DISCUSSION OF HOUSE SIZES CURRENTLY IN THE PLANNING PROCESS
Chairman Black noted that this was an item asked for by Commissioner McCoy.
Community Development Director Powers stated that they are reporting on the houses that are 5,000 square feet and over.
Commissioner McCoy stated that she thought as soon as the new codes go into effect, there should be a workshop scheduled and staff should pick out two cases so we can go through those cases and work on them with the new Code to become familiar with it.
It was suggested that they not work on pending cases.
Community Development Director Powers (CDD) explained that it would be hard to use cases from the old Code, as different data is required now than before. In a workshop you can go through cases and point out the issues without making decisions. He stated that he would also like to do this with the Architects and Engineers and applicants would get benefit from a workshop. We are working on a new application form. We will start using the new Code on November 6, 2006.
9. REPORT ON PLANNING/BUILDING CASELOAD
The Commission noted several projects on the report that are over 5,000 square feet. The Commission expressed their concern that until we get familiar with the new Code some big houses would slip through that really shouldnŐt. Some of the Commission had the same concern.
CDD Powers stated that there are a few that will probably be complete under the present Code with Administrative approval. He commented that the cases for the November meeting are not coming just because of size, there are various reasons, such as slope or other complications.
Chairman Black stated that he did not think the Commission needs a special report on this each month. It should be enough if we all get the PDF report from the Planning Commission.
ADJOURNMENT
Chairman Black adjourned the October 26, 2006 Planning Commission Meeting at 11:27 P.M. to the next Regular Planning Commission Meeting.
_________________________
ATTEST:
________________________________________________________
JUSTIN POWERS, COMMUNITY DEVELOPMENT DIRECTOR