CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS
PLANNING COMMISSION
MAY 22, 2007
1. CALL MEETING TO ORDER
Chairman Larry Black called a regular meeting of the La Habra Heights Planning Commission to order at 7:17 p.m. at the Community Center, 1245 Hacienda Road, La Habra Heights, California.
2. ROLL CALL
Those present: Chairman Larry Black, Brent Grebbien, Tony Liu and Margarita McCoy.
Also Present: Planning Attorney Kathy Paspalis and Community Development Director Justin Powers.
Community Development Director Powers stated that Commissioner Alex Hull had resigned.
3. FLAG SALUTE
Chairman Black led the flag salute.
4. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
Stephen Blagden, requested that planning items under the new code come to the Planning Commission so they can see how the new code is working. He asked for a little more detail about each item in the Planning Report, such as the size of the house and how much grading is happening. He asked that there also be 11 X 17 scale versions of the site plan and the elevations on the notice board. Mr. Blagden explained that it may look like it is hard to build a home when you watch the meetings on TV, but the Planning Commission only gets the projects that exceed the codes and standards as 90% of the projects are approved over the counter. He spoke about the importance of setbacks and views and the neighborÕs property rights.
5. APPROVAL OF MINUTES FOR January 23, 2007 and April 17, 2007
Commissioner McCoy stated that on the April 17, 2007 minutes, Commissioner Garcia was listed as being absent, even though he was not a Commissioner at that time.
Commissioner Grebbien moved that the January 23, 2007 and April 17, 2007 be approved as amended. The motion was seconded by Commissioner McCoy and approved as follows:
AYES: Black, Grebbien, Liu and McCoy
NOES: None
ABSENT: None
6. CONDITIONAL USE PERMIT 2006-02 AND GRADING MODIFICATION 2006-04 1823 E. Skyline Drive (Heliesen)
Community Development Director (CDD) Powers stated that the applicant is Great American Backyard Company asking for a Conditional Use permit and Grading Modification for a proposed Tennis Court. CDD Powers gave a summary of the property. He stated that the proposed graded area is under the allowable graded area and the proposed impervious area is under the allowable impervious area. There is no import or export proposed and this is under the old code. Mr. Powers noted that Staff would like to look at an alternate location for the Tennis Court that is closer to the house where there is a flatter pad. This would minimize alteration of the natural terrain. He listed the items to be considered: the blue line stream, the General Plan with the dark skies policies and minimizing alteration of the natural terrain. Mr. Powers stated that Staff recommended the applicant revise the plans to cover the alternate location, remove the lights, lower the fencing and design the project as to not impact the blue line stream. He suggested that after the plans have been revised they resubmit them to Staff and the Planning Commission and at that time the Planning Commission may approve the Grading Modification for the pool.
The Commission discussed the blue line stream and what the pool would be like.
Community Development Director Powers explained that since this is under the old code, the previous City Engineer looked over the Grading and Impervious Coverage amounts. When this is brought back, when it goes to Staff, our present City Engineer will also look it over. We will want to get more information on how to capture water and the water runoff so we can give you a recommendation.
Chairman Black opened the meeting for Public Comment on this Item.
Will Slattery stated that he does not oppose the tennis court or the pool, but does have concern with the bright lighting for the court. We do not have lighted tennis courts in the neighborhood.
Stephen Blagden, stated that in California the blue line streams are only considered in the rainy season; that in this area the water comes down Skyline, goes under the road and into the canyon; that neighborÕs property rights need to be protected as much as the spec builders; the Habitat Authority has property rights also; he noted several code and General Plan violations; the alternate site would still present a code violation.
CDD Powers stated that the previous City Engineer missed the rule under the old code that says the cut for a tennis court cannot be greater than eight (8) feet in height. This is proposed as thirteen (13) feet.
Commissioner McCoy questioned the height of several rebar poles near the house. She noted that nothing of that height is shown on the plan.
Janice Slattery, stated that in her area there is very little crime and in her opinion the less lighting there is the less people are encouraged to come into the area; that she has no problem with the tennis court itself.
Bob Henderson, Chairman of the Puente Hills Landfill Native Habitat Preservation Authority stated that his concern is of the night lighting effect on users of the area and the wildlife movement around the area; it actually could change the type of animals that frequent the area; he suggested changes to control the lights that might invade the Habitat Authority.
Norm Sanhoff, Great American Backyard, stated that they were familiar with building tennis courts under similar conditions that exist here and what they try to do to make it work with the City; he noted that if moved to the alternate site, we are getting close to the setback. He stated that the fencing height could be 10 feet, and we will use vinyl coated black fencing, which will be the least obtrusive; the current lighting can be controlled with a particular shut-off time; they are shielded and face down; within 5 feet of the court, there would be less than one foot-candle of light.
Joe Ferman, Project Manager for Great American Backyard, presented a power point information presentation to show lighting and fencing. The lights are designed particularly for tennis courts. The shields only affect the light that protrudes beyond the Court. He stated that if the 10-foot fencing has a solid windscreen along with the shielded lights, there would be no measurable light on the outside of the fence.
Commissioner Grebbien asked if there is any way to keep reflected light from going up into the sky?
Norm Sanhoff explained that the darker the Court color, the less reflection would be bouncing upward.
Commissioner Liu asked if there were any aerial night pictures of courts.
Mr. Sanhoff stated that he had none; he suggested that they give approval of the tennis court at this time and then he could come back later with pictures concerning reflection concerns.
Commissioner Liu confirmed that our City does have a rule that tennis court lights cannot be used after a certain hour.
Mr. Stanhoff stated that they could control that.
Mr. Ferman stated that the lights have a transformer, which does not make any noise, but at the end of their life they make a buzzing noise as a warning to service the light. The lights have about a 12,000-hour life and the transformers have a 25-30 year life. Mr. Ferman noted that even without the shield the lights are Òdark skyÓ compliant.
John Heliesen, homeowner, stated that he chose this lot so he could have a tennis court. If the alternate site is used it would block the view from the house, and it would also be closer to the wildlife area.
Chairman Black returned the meeting to the Commission for discussion.
Community Development Director Powers explained that since the tennis court is a Conditional Use Permit, you can place conditions on it as you want, such as hours of operation.
John Heliesen explained that the tall rebar, which had concerned Commissioner McCoy, would be cut off at six (6) feet, for a 6-foot wall.
Commissioner McCoy was in favor of denying the tennis court completely. She was not in favor of a tennis court in this neighborhood.
Commissioner Grebbien was concerned with the lighting and would probably consider the tennis court without lights. He also stated that he would like to see a smaller ÒcutÓ number. He would like to see the numbers comply with the codes.
Commissioner Liu stated that he was concerned with the drainage and felt it still had to be worked out; he was concerned with the impact on wildlife.
Chairman Black stated that he was more concerned with the site location of the tennis court; he stated that he did have concern about lighting it at all and there is a very big cut for the court; the alternate site is worth considering.
Commissioner McCoy moved to continue Conditional Use Permit 2006-02 and Grading Modification 2006-04 and directing the applicant to provide an alternative location for the tennis court, to revise the fencing height to no greater than 10 feet, and remove the lighting from the plans. In addition the applicant is directed to show how the pool impacts the plans by including it on all submitted plans. The motion was seconded by Commissioner Grebbien and approved as follows:
AYES: Black, Grebbien, Liu and McCoy
NOES: None
ABSENT: None
ITEMS FROM THE PLANNING COMMISSION
Commissioner McCoy asked CDD Powers if he would follow Mr. BlagdenÕs suggestion about placing the square footage of the projects on the monthly activity report.
Community Development Director Powers answered that he would be glad to do that when the project gets far enough along. He explained that they now have pre-file meetings and we do not have all of the information at the beginning.
ITEMS FROM STAFF
7. MONTHLY COMMUNITY DEVELOPMENT DEPARTMENT REPORT
Community Development Director Powers stated that he had nothing to add to his written monthly report.
Chairman Black asked that residents get involved and volunteer in their City.
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ATTEST:
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Justin Powers, Community Development Director