CITY OF LA HABRA HEIGHTS
MINUTES OF A SPECIAL MEETING OF THE LA HABRA HEIGHTS
PLANNING COMMISSION
SEPTEMBER 19, 2006
1. CALL MEETING TO ORDER
Chairman Black called the September 19, 2006 Special Planning Commission Meeting to order at 7:40 P.M. at the Community Center, 1245 Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Also Present: Community Development Director Justin Powers, Planning Technician Barbara Doppieri, City Attorney Levin, Consultant Marc Blodgett and Mayor Bruce Douglas.
3. FLAG SALUTE
Chairman Black led the Flag Salute
4. ARTICLE 7 – ZONING ORDINANCE & ARTICLE 9 SUBDIVISION ORDINANCE
The Commission discussed whether there were some errors in Article 7.1 on Animal Keeping.
Commissioner McCoy stated that she did not understand the last table in that section on 7-84 and 85.
City Attorney Levin explained that on page 7-33, exhibit 7-2 shows the wrong setbacks.
Community Development Director (CDD) Powers noted that the Planning Commission would complete their review of Articles 7, 9, related parts of Article 12 and the Negative Declaration and adopt the attached resolution recommending approval of the documents to the City Council.
City Attorney Levin stated that the City Council has gone through part of this information and will finish their consideration on Monday. She noted that she has any changes they made so far and can relate changes to the Commission during their meeting tonight. You still may make changes that will go to the Council.
Chairman Black opened the Hearing for Public Comment.
0:08:20
Stephen Blagden, considered the subject of Òblock wallsÓ height; Òextended foundationsÓ on slopes; and Òparking setbacksÓ; in 7.14.40 W or V lot sizes need to be a real acre net; need some additions to the definitions; in Article 9 you eliminated the waiver of tentative parcel maps four or less, but it has come back in the redline version; undergrounding of utilities has also come back; view definition needs to be better defined.
Pam McVicar, spoke of her appreciation for the positive Ordinances; she noted that the maximum 4,000 square foot footprint for a house on a flat acre is too restrictive and does not make it less rural to go over that square footage; the hardscape requirements seem unreasonable; she did not agree with the elimination of the circular driveway or the sixteen foot height. Who defines Òreasonable effortsÓ to minimize non-conformities in order to add on to my house?
George Edwardz, spoke about the draft hydrant system; he asked that the ordinance be put back in as it was in 1999; he provided a tape on the system for the Commission.
Faith Grimm, stated that she is going to try to present her powerpoint presentation to the City Council on Monday, September 25, which deals with some resident concerns about the new Ordinances.
Allison Pigott, stated that she is trying to build in La Habra Heights and asked if her plans to build are under the present codes, will she become Ònon-conformingÓ when the new ordinances are passed or remain conforming?
City Attorney Levin explained that when a plan is approved, if the new ordinances are different, as in the area of setbacks, it will become Òlegal non-conformingÓ and if you add on later, it will be looked at to see if the nonconformity can be lessened or at least not made any worse.
Allison Pigott spoke on 4.10.50 and stated that you should add to that Ònon animal keeping properties shall not be permitted to unduly interfere with the free and unencumbered enjoyment of adjoining or nearby animal keeping propertiesÓ.
Dave Shroeder, asked if he built and received a Standard Modification for setback, will it lower the property value when the new codes are approved. Would I lose money for something that was not my fault?
Chuck Eyestone, asked if we are going back to the Animal Code that is in effect?
City Attorney Levin explained that the Commission does not intend to make any changes in the Animal Code that is before them tonight.
Mr. Shroeder suggested the Planning Commission make the Code for setbacks something that would balance the City and leave it up to the professionals to decide where to place a house on a lot.
Chairman Black returned the meeting to the Commission for discussion. He suggested they consider the redline issues first. They started with the exhibits.
0:30:18
á On the Exhibit on page 7-37 of the redline version the formula factor should be .125.
á On page 7-55 of the redline version the consensus was that a table be made with the values expressed by the curve in the exhibit and have the table and exhibit in the final edition with instructions to round the slope figure to the nearest whole number and then go to the table.
The Commission next started the consideration of the Article 7 redline version.
City Attorney Levin stated that she would mention any changes already made by the City Council as the Commission goes through the redline version.
City Attorney Levin noted that on page 7-9 E-6 the Council changed it to read Òa prohibition on commercial shipping containers.
á On page 7-17 add Òdirectly related to the proposed development.Ó to 7.5.30 A and B 2 and 3.
City Attorney Levin stated that the last sentence of 7.5.50 was deleted by the City Council.
á On 7.6.50 E-4 separate the game court lighting to a timer.
á In 7.9.40 to clarify A 3 add Òwith no more than two facesÓ after Òone signÓ.
City Attorney Levin explained that on 7.11.40 C 2 it had been clarified that Òprivate residential access roadÓ refers to three or more parcels and the Council asked that Òor driveway easementÓ be stricken.
á
The Commission noted an inconsistency between page 7-39, 7.11.50
B where it notes Òwithin six (6) feet of the edge of the pavementÓ and the
chart on page 7-85 which uses
Òeight (8) feet from the edge of the paymentÓ. Six (6) feet from edge of
pavement is correct.
á Commissioner McCoy noted that on Exhibit 7-7 the drawing shows a circular drive, which is not allowed.
á On 7.12.40 J, add ÒMeasures other than landscaping may be used for temporary erosion control prior to completion of construction.Ó
Vice Chairman Baroldi moved to add to 7:13.40 A-6, ÒResidential access must be limited to no more than two (2) access points.Ó The motion was seconded by Chairman Black and approved as follows:
AYES: Baroldi, Black, and Grebbien
NOES: Garcia and McCoy
ABSENT: None
á Add to 7.13.40 A-6 ÒResidential access must be limited to no more than two (2) access points.
á On 7.14.40 B, clarify the wording to include a flat lot.
á Clarify language of first sentence in 7.14.40 C.
á Add to second sentence of 7.14.40 E after ÒnonconformityÓ, Òthat directly relates to the projectÓ.
á On 7.14.40 U-c add a reference where further Septic Tanks /SUSMP information is found.
á On 7.17.30 G remove in first sentence Òre-vegetatedÒ and explain that something has to be done immediately on graded areas to prevent erosion.
The Commission discussed Exhibit 7-13.
á Add a sentence to 7.17.40 B. ÒSubject to a Standards Modification, grading for agricultural purposes, including orchards, shrubs or plantings are not included in the permanent graded area.
á On page 7-64, Table 7-10, make the language of the Landscaping Requirements for Erosion Control and Screening of Slopes and Walls consistent with whatever was used for landscaping.
á On 7.18.30 E Siting of Accessory Structures. Make this language consistent with the vertical height.
á Exhibit 7-19 should be made more understandable.
2:56:33
The Commission paused for a tape change at 10:37 P.M. The meeting was resumed at 10:50 P.M.
á On 7.18.40 L. Add present code about leaving front walls 90% open above 3-1/2 feet but modifiable.
á Remove the number Ò9Ó from 7.19.40 D
á On Table 7-12 the Commission consensus was to return the setbacks that were inadvertently changed back to what they had been before.
Mr. Blagden spoke on Page 54 of Article 7, Item V mentioning a net area of 40,000 square feet. He felt that it should be 43,560; the Alquist Priolo Zone study for Sub-Divisions the City did not do the proper study in the past, unless they can prove it was done, it needs to be done now when people start to develop the land to protect themselves and the City; on Table 7-12 on setbacks, the other yard setbacks need to be raised back also.
á In Table 7-12 change Other Yard setbacks for Administrative limit to 20 foot front and Planning Commission to10 foot front.
á On Parking the Administrative ÒnoneÓ will be clarified to mean they may not change from 10-foot setback.
The Commission proceeded to discuss Article 9.
Mr. Blagden spoke about changes already made by the Planning Commission that were not taken care of such as 9.3 should not allow a waiver for Tentative Maps on Subdivisions of 4 or fewer lots; handle all subdivisions by 9.4. Also, Òthe possibility to have in-lieu fees for underground utilitiesÓ was to be stricken, but it is still there.
á 9.2.50, 6 should be deleted.
á Page 9-9, 9.3.20 should be deleted.
á Strike 9.3.40, first sentence concerning waivers of Tentative Maps by the Community Development Director.
á On page 9-16, 9.4.30 J Delete Item 1 and add to Item 2, Òhe Planning Commission may add to, modify or delete.Ó
á On page 9-26, 9.6.20 I, check that the Resolution with pertinent information has to be filed by the County Recorder with the Tentative Map and the Final Map.
City Attorney Levin stated that on Page 9-31 at 9.8.20 B Storm Drainage, the last sentence was altered by the City Council to read ÒOn or off-site drain improvements or impoundment may be required to satisfy this requirement.Ó
á On Page 9-34, 9.8.60 – 6, keep the Òin-lieu fees and retain the word ÒimpossibleÓ and delete the word ÒimpracticableÓ.
The Commission considered the Definitions (Article 12).
The Commission stated that they would like the Council to see a sample that Stephen Blagden provided that showed the definition of slope better than the one in Article 12.
The Commission considered the Negative Declaration. There was no comment.
Chairman Black moved to approve Resolution 2006-04 as concerning the Zoning and Subdivision Articles as modified this evening by the Commission. The motion was seconded by Commissioner McCoy and approved as follows:
AYES: Black, Garcia, Grebbien and McCoy
NOES: Baroldi
ABSENT: None
Commissioner Baroldi stated that he did not think they had done a bad job, he just would have matched the General Plan a little differently.
Chairman Black encouraged residents to volunteer for the City.
ADJOURNMENT
Chairman Black adjourned the meeting at 12:05 A.M. to the next Regular Planning Commission Meeting on September 26, 2006 at 7:30 P.M.
__________________________
Larry Black, Chairman
ATTEST:
_____________________________________________
Justin Powers, Community Development Director