CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS
PLANNING COMMISSION
JANUARY 23, 2007
1. CALL MEETING TO ORDER
Chairman Larry Black called the January 23, 2007 Regular Planning Commission Meeting to order at 7:26 p.m. at the Community Center, 1245 North Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Those Present: Chairman Larry Black, Vice Chairman Layne Baroldi, Commissioners Stephen Garcia, Brent Grebbien, Margarita McCoy and Alternate Tony Liu. Also present: Planning Attorney Kathy Paspalis, and Community Development Director Justin Powers.
3. FLAG SALUTE
Alternate Tony Liu led the flag salute.
4. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
Howard Vipperman, candidate for the City Council, invited everyone to come to the Candidates Forum on February 13. 2007 from 7:00 p.m. to 8:30 p.m. to meet the candidates and hear their platforms.
Planning Attorney Paspalis noted that tonight candidates can only note events and times as this is not a forum to talk about platforms.
Stephen Blagden, Citron Road, stated that Tom Higgs who has been here since 1965 passed away last week. Mr. Higgs was a relentless defender of our rural environment and a member of the first Planning Commission and the first General Plan Committee. He and his wife fought many battles to keep our rural environment. Mr. Blagden noted that all property has property rights, not just ones that are being newly built on. The rights are limited. Mr. Blagden noted that projects over 4000 square feet need to be brought to the Planning Commission so they can see how the new codes work and if they need any adjustment.
Norm Zezula, also agreed with the contribution that Tom Higgs made to the City. Mr. Zezula commented that a State law says that if any ordinance conflicts with part of a General Plan, the General Plan prevails. He spoke about the new pervious concrete and stated that not counting this as part of the Impervious Coverage does not agree with the General Plan as far as limiting the alteration of the natural terrain in policy 21 and should be counted in the Impervious Coverage.
5. APPROVAL OF MINUTES FOR A SPECIAL PLANNING COMMISSION MEETING OF DECEMBER 12, 2006
Commissioner McCoy corrected line 48 to change the ÒandÓ to ÒorÓ.
Planning Attorney Paspalis asked that Vice-Chairman Baroldi and Commissioner Garcia be shown as present in roll call as well as late arrivals.
Commissioner McCoy asked if the statement on line 193 and 194 is correct.
It was decided that the minutes were correct as stated and it can be discussed later in more detail.
Commissioner Garcia moved to approve the December 12, 2006 Planning Commission minutes as amended. The motion was seconded as by Commissioner McCoy and approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien and McCoy
NOES: None
ABSENT: None
0:15:46
6. STANDARDS MODIFICATION 2006-07, GRADING MODIFICATION 2006-01 (Esqueda) 1406 La Riata Drive
Community Development Director Powers (CDD) commented that there was a request for a Continuance. The applicant needs more time for preparation.
Vice Chairman Baroldi move to continue Standards Modification 2006-07 and Grading Modification 2006-01 for 1406 La Riata Drive. The motion was seconded by Chairman Black and approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien and McCoy.
NOES: None
ABSENT: None
0:16:35
7. STANDARDS MODIFICATION 2006-29 (Douglas) 1114 Milmac
CDD Powers reported that the applicant, Bruce Douglas, is requesting a Standards Modification 2006-29 for view preservation and Setback Encroachment. At the last meeting the Commission asked the applicant to do an analysis of the impervious/pervious coverage and of the grading. We asked for a plan that shows a comparison of what exists now and what is proposed. The plan shows that the impervious coverage will not be increased. Mr. Powers also noted that the grading amount is not enough to require a grading permit.
The Commission discussed the lot line adjustment and what work can go on before the lot line adjustment is settled.
Chairman Black opened the public comment on Item 7.
Martin Offenberger, Kashlan Road, asked that the Attorney assure the Commission that there is no risk to the City if a project is approved that is dependent on a lot line adjustment that is not completed.
Planning Attorney Paspalis answered that this is perfectly proper and is not a case for speculation, but a resident who has lived here for many years. She stated that there is no risk to the City.
Ernest Ibarra, designer for the project, stated that he would think this would just be a condition of approval prior to granting a building permit. Mr. Ibarra stated that they are working on the lot line adjustment. It will take approximately 5 months to get the plans in for a building permit and it will probably take up to 9 months to accomplish the lot line adjustment paperwork.
Chairman Black returned the meeting to the Commission for discussion.
Vice Chairman Baroldi noted that the Resolution in Section 3, page 1, should be changed from December 28 to December 12.
Chairman Black commented that the Grading issue and the impervious and pervious coverage have been straightened out on the plans.
Commissioner McCoy stated that the lot line adjustment should be made a condition of approval.
Commissioner Garcia moved to approve 1114 Milmac Drive, Standards Modification 2006-29 for View Preservation and conditions noted of the lot line adjustment recordation. The motion was seconded by Commissioner McCoy and approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien, and McCoy
NOES: None
ABSENT: None
Commissioner Grebbien noted that this is a good example of what can be done with nonconforming houses.
Commissioner McCoy stated that the new codes stress not exacerbating nonconformities and that will be harder.
0:42:11
8. STANDARDS MODIFICATION 2006-22, GRADING MODIFICATION 2006-13 AND TREE REMOVAL PERMIT 2006-08 (Lim) 2368 Lupin Hill
The applicant, Michael Douglass, is asking for a Standards Modification for view preservation to exceed the 750 square foot building area and 16 feet in height limitation, Grading Modification and Tree Removal Permit for the removal of 21 trees for construction of a single family residence and driveway at 2368 Lupin Hill.
CDD Powers explained that mistaken information had been given to the applicant, noting that they could use pervious concrete to lessen the Impervious Coverage, which was approximately 2800 square feet over the allowed amount, however this still has to be counted as part of the Impervious Coverage and will have to come back at a second meeting. It will have to be noticed again stating that it is over the allowed Impervious Coverage.
Planning Attorney Paspalis commented that the Commission could discuss anything that was noticed and could suggest input or direction.
CDD Powers gave the figures on the property at 2368 Lupin Hill for the size of the lot, the Impervious Coverage and the Grading amounts. He stated there is a natural drainage course on the property and they have tried to place the driveway on the right of the drainage course. Some of the drainage will go underneath the driveway. He stated that staff mainly focused on the driveway. The architect spent a lot of time on the drainage. This project was started before Mr. Powers came here and before the present Engineering Company started.
Chairman Black pointed out that this project was under the old Code.
Commissioner McCoy asked how they came to the net figure.
Chairman Black opened the meeting for public comment.
Crystal Myers, Las Palomas, asked if the tree removal was for the trees already removed or what is still there.
Norm Zezula, stated several of his concerns. The project violates General Plan goal 2 about minimum alteration of the natural terrain and several other land use policies. The house could be placed where the large amount of cut and fill would be much less. Where it is planned now is maximizing the impacts on the surrounding neighborhood. On the top of the hill it cannot be landscaped well to minimize its effect. It would affect the ridgelines and is over the allowed impervious coverage.
Stephen Blagden, Citron Road, noted that the Real Estate listing for this property indicates that the proposed house has already been approved. Mr. Blagden noted that the project fails the General Plan from the beginning. He stated that there is another building site on fairly flat ground that would require much less grading and preserve the natural drainage course. The amount of grading for the present project would require about 2,000 truckloads. The present plan fails to include the pool, the deck and parking which is required and would put the hardscape even further over the limit. The present site could only have been chosen to gain a view. Necessary ÒfindingsÓ cannot be made.
Mike Douglass, applicant, stated that they had several meetings with the former CDD and considered different locations. He stated that they chose what they thought was the best site. Mr. Douglass noted that the lot is in a flood plain and on the lower levels they would be in danger of debris coming down from the hills. Mr. Douglass stated that they also considered other driveways. He stated that he provided a lot of information on the impervious coverage. Mr. Douglass noted that he only placed pervious concrete in two or three places and they can be omitted, bringing the impervious coverage down. He stated that he tried to follow the General Plan goals and he felt that the home would blend into its environment. The coloring is neutral, including the retaining walls. There will be landscaping for this and for some of the driveway. Mr. Douglass showed his drawing of some of the landscaping.
Mr. Douglass explained that some trees were removed when they did the testing for the soils, some were scrub trees. Another time, when removing brush, some trees were removed. We intend to replace them and even more if needed.
Mr. Douglass explained how they are collecting and dispersing the drainage.
Commissioner McCoy stated that she would like to see a topo map of the entire property, with the topo lines numbered.
Commissioner Garcia stated that the grading plan needs to show the limits of disturbance and he would like to know what kind of crib wall is suggested and what kind of treatment it will get. He asked for a summary of the hydrology reports and its suggestions. He also noted that there was no certification from a landscape architect. Mr. Garcia stated that technical landscape expertise is required for this lot. He noted that the landscaping on the steep slope is not adequate.
Chairman Black stated that the City requirements for tree replacement needs some idea of how many were removed.
Mr. Douglass noted that they have an estimate on the plan.
CDD Powers commented that someone unfamiliar with our rules was hired to do the grading and fines were involved.
Chairman Black brought the meeting back to the Commission for discussion.
Commissioner McCoy asked if staff looked at alternative sites for the project.
CDD Powers answered that the previous staff and Engineering did this. The concern was that the flat area could flood. Mr. Powers stated that when he saw it he tried to find different ways to access. He stated that if the project can be done within the allowed limit for impervious coverage, they will not need a Standards Modification. Pervious concrete is still counted as impervious. Mr. Powers explained that this project was started by Transtech Engineering so they are responsible for the project and have reviewed it.
Commissioner Garcia stated that he wants Transtech to be here so he can ask them questions.
The Commission and Staff discussed if they needed Transtech present and what the issues are that they will have to make ÒfindingsÓ on and how it matches the General Plan.
Chairman Black listed the Commissions concerns:
á Are the numbers on the plan correct
á Are the Land Use policies all followed
á Grading, what is coming into the Standards Modification
á Tree removal permit
á Size of the home
á Length of the driveway
á The dam
á Topo of the whole lot
á Complexity of the construction of the driveway
á Cut and fill calculations of a crib wall and possible others
á Comments from the hydrology report
The Commission discussed pervious concrete and if there is a better site.
Chairman Black opened the meeting for more public comment.
Norm Zezula, stated that it would be a favor to the applicant to go back through the process with Transtech.
Commissioner McCoy asked if there is some kind of easement that reduces the gross area to the net area.
Stephen Blagden, answered that it is a private road easement from Lupin Hill Road. Mr. Blagden stated that it does not look like the pool or pond was included in the impervious coverage and they should be. Section MM should extend across the lower crib wall. The 960 yards of import grading is so close to 1000, that with the 10% expansion it will probably go over 1000 and you should look at a CUP.
Vice Chairman Baroldi commented that with the old code the pool would be counted as impervious.
Community Development Director Powers noted that Transtech considered the pool as pervious as it catches rain.
Chairman Black directed staff to look at other sites and also see why Transtech picked the present site.
The Commission considered the house size and asked for more information.
The consensus of the Commission was that if they find an alternative site, some of the other land use policy violations would not have to be considered.
Commissioner McCoy moved that Standards Modification 2006-22, Grading Modification 2006-13 and Tree Removal Permit 2006-08 be continued to the next scheduled meeting on February 27, 2007. The motion was seconded by Commissioner Garcia and approved as follows:
AYES: Baroldi, Black, Garcia, Grebbien and McCoy
NOES: None
ABSENT: None
Commissioner McCoy asked when projects under the new code might start coming before the Commission.
CDD Powers noted that there are no new applications at this time, but we have been conducting some pre file meetings.
ITEMS FROM STAFF
9. REPORT ON PLANNING/BUILDING CASELOAD
CDD Powers explained that they now have pre file meetings before the plans are actually submited and this gives us a chance to tell the applicant what is needed. Mr. Powers explained how they are listing these projects on the Planning Report and each one is given a project number. This should give us more complete projects and plans. Everything will be more customer-friendly. He noted that remodels could be more complicated than a new home at times.
Chairman Black thanked Tony Liu for joining the Planning Commission.
ADJOURNMENT
Chairman Black adjourned in honor of Tom Higgs at 10:02 p.m. to the next regular meeting on February 27, 2007.
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LARRY BLACK, CHAIRMAN
ATTEST:
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JUSTIN POWERS, COMMUNITY DEVELOPMENT DIRECTOR