CITY OF LA HABRA HEIGHTS

 

MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS

 

PLANNING COMMISSION

 

JUNE 26, 2007

 

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Chairman Black called a Regular Meeting of the La Habra Heights Planning Commission to order at 7:16 p.m. at the Community Center, 1245 Hacienda Road, La Habra Heights, California.

 

2.              ROLL CALL

 

Those present: Chairman Larry Black, Vice Chairperson Margarita McCoy, Commissioner Brent Grebbien and Tony Liu. Also present Planning Commission Attorney Lawrence Permaul, Community Development Director Justin Powers, Planning Technician Barbara Feeler, City Engineer and Building Official Bruce Ward.

 

Community Development Director (CDD) Justin Powers stated that the Chairman is Larry Black and the Vice Chairperson is Margarita McCoy.

 

3.         FLAG SALUTE

 

Chairman Black led the flag salute.

 

4.              ITEMS FROM THE PUBLIC NOT ON THE AGENDA

 

There were no comments from the public at this time.

 

CONSENT CALENDAR

 

5.              APPROVAL OF MINUTES FOR MAY 22, 2007

 

Vice Chairperson McCoy moved to accept the May 22, 2007 Planning Commission Meeting Minutes as written. The motion was seconded by Chairman Black and approved as follows:

 

AYES: Black, Grebbien, Liu and McCoy

NOES: None

ABSENT: None

 

PUBLIC HEARING

 

6.              CONDITIONAL USE PERMIT 2006-02 AND GRADING MODIFICATION 2006-04 1823 E. Skyline Drive (Heliesen)

 

Community Development Director Powers requested a continuance. Due to the Permit Streamlining Act, the next Planning Commission meeting would be the last opportunity to bring this project forward unless the applicant requests a 90 day extension.

 

Commissioner Grebbien moved to continue this item to the next scheduled Planning Commission Meeting on July 24, 2007. The motion was seconded by Chairman Black and approved as follows:

 

AYES: Black, Grebbien, Liu and McCoy

NOES: None

ABSENT: None

 

0:3:38

 

7.              STANDARDS MODIFICATION 2007-03, GRADING MODIFICATION 2007-01 (Pigott) 1404 La Riata Drive

 

Community Development Director (CDD) Powers stated that the applicants, are James & Alison Pigott. He stated that an error has been found in the tabulation of the graded area. The total proposed grading comes to 37,576 square feet rather than 37,117 and the allowable is 37,125 square feet. This would exceed the allowable graded area. The proposed impervious surface area is 15,173 square feet and the allowable is 18,562 square feet, which is under the allowable. Mr. Powers explained that tonight we are just looking at the barn, arena and access road. You previously approved the project for the house and landscape plans. The impervious surface covers the paved access road, however the access to the barn was not counted in the impervious. He explained that this access to the barn is not considered a driveway according to the Engineer from Transtech. Staff recommends approval of this project.

 

The Commission discussed the access road that is on an easement.

 

Planning Technician Feeler explained that the easement goes from Cloister (a private road) to the two properties on La Riata Drive and then ends. It does not go into Whittier.

 

CDD Powers clarified that under the old code the setback needed is from the property line and this has been done and it doesn’t matter whether it is a road or a driveway.

 

Chairman Black opened the Public Hearing for Public Comment.

 

Stephen Blagden stated that there is no access from the home to the barn area. They should include in their plans some drive or walkway to that area. He stated that from Cloister all the retaining walls will look like one l20-foot high wall. This could be made better by moving the barn. They could also reduce the width of the access road. Mr. Blagden stated that there was too much grading and too many retaining walls and they should have a drainage provision.

 

Alison Pigott stated that they do have an access path from their house to the barn area. She also stated that they have moved the placement of the barn several times as requested, and don’t intend to move it again. She stated that they have been working on this for four years and have met the specifications and are under the impervious allotment and are much closer to the allowable grading than many other projects.

 

Vice Chairperson McCoy discussed the path from the house and details about the structure of the barn with Ms. Pigott.

 

Commissioner Grebbien asked if there was a possibility of somehow reducing the 1% overage on the grading.

 

James Pigott stated that he did not think the new grading figures were correct.

 

CDD Powers stated that the proposed number is 37,117 and they have to go with that number.

 

Vice Chair McCoy brought up the discussion from some time ago, about using one arena between the two properties.

 

Ms. Pigott asked the Attorney if the City can make two property owners share the use of their property.

 

Planning Commission Attorney Permaul stated that this was a difficult question to answer as the Commission is required to look at the conformity with the General Plan of the project. At the same time the project has to stand alone and comply with the specifications of the code and because of a decision on one property with a modification or variance does not mean the same decision has to be made on a different property.

 

Ms. Pigott asked that the two properties be considered as separate properties. She stated that they have met the requirements. It is time for you to approve the barn and arena.

 

Chairman Black stated his concern of the landscape plan to screen the retaining walls and discussed it with Ms. Pigott.

 

Ms. Pigott stated that she does not want to look at bare walls or have her neighbors do so. She also stated that she wants to screen the arena as well if she can.

 

Chairman Black brought the meeting back to the Commission for discussion.

 

The Commission continued with discussion of the project.

 

Chairman Black moved to approve Standards Modification 2007-03 and Grading Modification 2007-01 at 1404 La Riata Drive with the condition that the landscaping for the retaining walls screen as much and as soon as possible. The motion was seconded by Commissioner Grebbien and approved as follows:

 

AYES: Black, Grebbien, Liu and McCoy

NOES: None

ABSENT: None

1:03:24

 

8.              STANDARDS MODIFICATION 2007-02, GRADING MODIFICATION 2007-02 (Esqueda) 1406 La Riata Drive

 

CDD Powers stated that the applicant is Ken Parsons. He stated that this is under the old code and is a revised application. He noted that the proposed grading is 28,580 square feet, which is a significant reduction. The proposed impervious area is 13,064 square feet, which is less and the proposed cut is 2,418 square feet, proposed fill is 2,762 square feet, both of which are less. The total square footage is down to 8,114 square feet. This is under the allowable and Staff recommends this project be approved.

Chairman Black opened the meeting for Public Comment on the item.

 

Ken Parsons, Architect for this project, stated that he has brought a copy of an artistic rendering of this project.

 

Chairman Black asked that it be recorded by the videographer.

 

Planning Commission Attorney Permaul asked that Mr. Parsons supply a copy of the rendering for the administrative record.

 

Mr. Parsons agreed.

 

Mr. Parsons discussed that the view obstruction caused by a small tower is not objected to by the owner of 1402.

 

Vice Chairperson McCoy asked how they would get from the house down to the barn area.

 

Mr. Parsons explained that there are several ways to hike down to the barn and those types of paths don’t require grading, paving, or retaining walls. The home and the barn areas are quite separate from each other as far as uses and the vehicles will be quite different for the two uses. He stated that he did not see continuous and frequent use of vehicles going from the house area around the street to the lower area.

 

Vice Chairperson McCoy stated that in her opinion, they might need stairs to negotiate getting to the lower area and they would have to be placed on a plan.

 

Mr. Parsons stated that he would think in this case they could use a switchback system of paths, on existing avocado terraces.

 

Vice Chairperson McCoy stated that she doesn’t know how to handle this because we don’t have a full plan for the barn or arena and she doesn’t want to approve the whole property with those items missing.

 

Mr. Parsons answered that they have not decided which barn company to hire yet, but we do show the location of the barn which is dimensioned off the corners of the property and we show the configuration of the barn and its square footage, along with its elevation. There is also a section and elevation of the barn. The elevation shows the barn in its specific location, showing some cut, a small amount of fill, a retaining wall and the natural grade and maximum building envelopes for that barn under the old code. He noted that this barn has a little different configuration from the barn in the previous item.

 

Chairman Black brought the meeting back to the Commission for discussion.

 

Vice Chairperson McCoy stated her concern that some of the small details of the barn and the horse arena are missing.

 

Chairman Black reopened the Public Comment.

 

Mr. Parsons furnished further details of the ingress and egress of the barn and the access road with a turnaround. He referred Ms. McCoy to the grading plan for more information.

 

Planning Technician Feeler noted that anyone in Whittier within 500 feet was notified of the project, and only one person came in, and had no concerns after seeing the plan.

 

Commissioner Grebbien moved to approve the 1406 La Riata Standards Modification 2007-02 and Grading Modification 2007-02. The motion was seconded by Commissioner Liu and approved as follows:

 

AYES: Black, Grebbien, Liu and McCoy

NOES: None

ABSENT: None

 

1:34:53

 

9.              ZONING CODE AMENDMENTS

 

CDD Powers stated that Staff has been working on the new Municipal Code and has found some inconsistencies within the code, and there are some areas where more information is needed.

 

It was decided that they would follow the Staff Report for their consideration.

 

            Item 1.

 

Section 7.3.20 R-A Zone (Residential-Agricultural Zone)

B.    Accessory Uses. – Does not include Studios, Workshops or Secondary Garages.

 

Planning Commission Attorney Permaul explained that the code indicates that uses not specifically allowed in the R-A Zone are prohibited.

 

            The Commission discussed this item for a way to handle this problem.

 

The Planning Technician explained that the three (3) missing items listed are the most common uses asked for.

 

Planning Commission Attorney Permaul suggested that the Commission direct Staff with a general idea of how they would like to see the Ordinance changed.

 

Planning Technician Feeler suggested adding the first sentence of the definition for Accessory Structures to the Accessory Uses.

 

CDD Powers stated that he would like to add some of the most common uses that are applied for.

 

The consensus was to direct Staff to include the three added uses as B.5

 

Item 2.

 

Section 7.3.80 Land Use Restrictions Summary

 

Planning Technician Feeler stated that Table 7-1 for the R-A Zone uses that are conditionally allowed does not include fuel tanks for residential generators if the fuel tank is not attached to the generator.

 

The Commission discussed the many issues involved in this.

 

Planning Technician Feeler explained that in the old code it was an allowed use and the Golf Club does have an above ground tank. They went through a Conditional Use Permit. The new code prohibits this.

 

The consensus of the Commission was that residential use would not require a fuel tank and for health purposes could be handled by a small generator as a temporary use.

 

Item 3.

 

Section 6.4.20 conflicts with Section 7.17.40 F1

 

Section 6.4.20 prohibits construction within six (6) feet of any public roadway pavement without first obtaining an Encroachment Permit. Section 7.17.40 F1 requires retaining walls be setback from the edge of the roadway pavement by at least five (5) feet. Should these sections be consistent with each other?

 

Planning Technician Feeler stated that she would like them to be consistent.

 

The consensus of the Commission was to change Section 7.17.40 F1 to read six (6) feet.

 

Item 4.

 

Section 7.10.40 Table 7-5

 

Within the Table under the type of animal Swine, it contains the letters PBP.

 

Planning Technician Feeler stated that in table 7-5 she would like to have PBP to read “Pot Belly Pig”.

 

The Commission agreed.

 

Item 5.

 

Section 7.12.40 Development Standards for Landscaping

 

Staff is requesting you add an additional Section under Article 7.12. We suggest it should be Section 7.12.40 L – Development Standards for Landscaping. Which should read “Public Safety – Landscape plans must incorporate a Landscape Buffer Zone for Public Safety. Landscaping within 12 feet of the public road/private road must be maintained at a height of 24 inches or less and must be maintained at all times by the property owner.”

 

Planning Technician Feeler stated that this is causing the Public Works Department a lot of trouble. This would be in new development and then over a long period of time it would be incorporated into everything.

 

The Commission discussed the 12 foot width from the road.

 

The consensus of the Commission was to make the Landscaping Buffer Zone six (6) feet from the edge of the road.

 

Item 6.

 

Section 7.17.30 Performance Standards for Grading, Retaining Walls and Hardscape or Section 7.13.30A

 

Staff is recommending adding a section that encourages the use of pervious concrete, turf block and driveway isles.

 

Planning Technician Feeler explained that this does work. This is a way to handle water runoff.

 

The Commission discussed the pervious usage and if they should give some incentive to encourage the use of such materials and methods.

 

Chairman Black asked for an intermission at 10:16 p.m. and reconvened at 10:29 p.m.

 

CDD Powers stated that we have to look at this from an Engineering standpoint and if it accomplishes what we want from the impervious rule. If it does accomplish what we want, we should not count it as impervious. He stated that the pervious items cost more so they might need some incentive to use them.

 

Planning Technician Feeler stated that in 7.17.40H it states that all streets, driveways and vehicle parking areas are considered hardscape and may not consist of gravel that might be carried out on the road and suggested that we could add a Section I that lists these other pervious options.

 

Chairman Black suggested they just add “except for:” and then list these various items and then assign the percentage they represent of hardscape according to their performance and encourage people to use them.

 

CDD Powers stated that the Engineers would have to rate their performance.

 

Item 7.

 

7.18.40.D1 and Table 7-12 These sections are at conflict with each other.

 

Section 7.18.40D1 indicates that an Accessory Structure cannot exceed 16 feet in height without a Variance. However Table 7-12 allows the Community Development Director to grant this same application to a maximum height of 20 feet without a Variance. Staff would like these two sections to be consistent and noted that the CDD does not have the power to approve Variances.

 

Chairman Black suggested they omit the Variance and allow the CDD to approve up to 20 feet for Accessory Structures and the Planning Commission can approve up to 24.

 

Item 8.

 

Section 7.18.40S Fire Suppression Measures – Staff is recommending the following change to the paragraph.

 

Planning Technician Feeler explained that this came up because of vinyl windows and the Fire Department stated that some vinyl windows can be allowed as long as they meet Fire Zone 4 requirements. She asked that the word “new” be removed from the paragraph. It should apply to all development not just new development and she asked that the prohibition of vinyl windows be removed as long as they meet Fire Zone 4 requirements.

 

Bruce Ward, Building Official explained that vinyl windows have been greatly improved in recent years.

 

The consensus of the Commission was to follow the Staff recommendations.

 

Planning Commission Attorney Permaul noted that Section 7.2.20H states that there seems to be a limit of appeals of decisions made by the CDD to appeals of approvals only. He asked that it be revised to cover any discretionary appeal.

 

The Commission agreed.

 

Item 9.

 

CDD Powers noted the problem that two access roads to one property on two different streets are not allowed. We are looking for some options to minimize the alteration of terrain.

 

7.13.40A6 Development Standards for Parking and Access

Residential access must be limited to a single driveway with no more than two access points on a single road.

 

Planning Technician Feeler noted that if the two projects that were approved tonight had to do this they would have had to put one long driveway from the house to the barn area.

 

CDD Powers stated that they have to get an encroachment permit for entrance to a public road, and for this they look into the safety issue.

 

The Commission discussed this item.

 

The consensus of the Commission was to add language that it would be allowed if it was for an accessory structure or use.

 

Commissioner Liu questioned Pool Draft Hydrant requirements when the Fire Department decides the water pressure is low.

 

The Commission discussed the effect of low water pressure when you want to build as related to fire sprinkler requirements.

 

Planning Technician Feeler explained that Staff will revise the resolution and bring this back to you next month in a final form and from there it will go to the City Council as your recommendation.

 

ITEMS FROM THE PLANNING COMMISSION

 

            There were no comments.

 

ITEMS FROM STAFF

 

10.           MONTHLY COMMUNITY DEVELOPMENT DEPARTMENT REPORT

 

CDD Powers provided a written report.

 

ADJOURNMENT

 

Chairman Black adjourned the June 26, 2007 Planning Commission Meeting at 11:15 p.m.

 

_________________________

Larry Black, Chairman

 

ATTEST:

 

 

________________________________________________

Justin Powers, Community Development Director