MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS
PLANNING COMMISSION
September 26, 2000
OPENING CEREMONIES
CALL MEETING TO ORDER
A meeting of the La Habra Heights Planning Commission was called to order by Chairman Richard Martin at 7:30 p.m. at the Community Center, 1245 North Hacienda Boulevard, La Habra Heights, California.
ROLL CALL
Those present: Chairman Richard Martin, Vice-Chairman David Maislen, Commissioners Randall Fritz, Marlin Gunns, and Ginger Skinner. Also present Director of Planning Sheryl Sanderson, Secretary Barbara Doppieri, City Engineer Dominic Milano and Commission Attorney Paula Baeza. Absent: Alternate Commissioner Adrienne Murphy
FLAG SALUTE
Commissioner Maislen led the flag salute.
ANNOUNCEMENTS
Chairman Martin wished Ms. Sanderson a Happy Birthday.
Commissioner Maislen announced the next Garden Harvest would be held on October 14, 2000 from 9 am to 12 noon.
Chairman Martin announced that Commissioner Maislen again took home blue ribbons at the Los Angeles County Fair for his Honey.
ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF September 26, 2000.
Ms. Sanderson stated the agenda had been posted in accordance with the state law.
APPROVAL OF MINUTES
Minutes of the regular Planning Commission Meeting of August 22, 2000.
Commissioner Fritz moved to approve the minutes; seconded by Commissioner Gunns and approved as follows:
AYES: Fritz, Gunns, Martin and Skinner
NOES: None
ABSENT: None
ABSTAIN: Maislen
PUBLIC HEARINGS
Ms. Sanderson swore in those wishing to testify.
NEW BUSINESS
Conditional Use Permit 2000-09 (Sun Mar Healthcare) 2400 Panchoy Place
Ms. Sanderson stated the application was submitted by Sun Mar Healthcare to request a CUP to increase the occupancy capacity from 6 to 12 persons at The Heights Inn, a residential care facility for the elderly located at 2400 Panchoy Place. The site is 5 acres in size and is zoned RA-1 with a General Plan designation of rural residential and is within view preservation District A. The facility provides 6 private bedroom suites with private bathrooms. It is currently license for 6 persons 60 years of age or older. This CUP is being requested in order to accommodate couples or even 2 persons being able to share a bedroom. Current staff totals 4 persons. An increase to 12 residents will result in 2 additional staff persons. A total of 10 parking spaces are provided on-site for staff and visitors. Staff believes the finding can be met in support of granting of this CUP. Staff recommends that the Planning Commission forward a recommendation for approval of CUP 2000-09 subject to conditions of approval to the City Council.
Chairman Martin opened the public hearing.
Steven Blagden, 2118 Citron Road ñ stated this is a home for the elderly run by a corporation; it can be sold; is opposed to this project; it would be a burden on staff; the second unit kitchen is not allowed; this is a commercial use; need to protect the residential environment; didnít feel the city was set up to handle this type of enterprise; discussed second units and the septic system; has not visited the site; felt it was inappropriate because of the traffic and noise.
Jim Messinger, 205 Leucadia Road - lives at Panchoy and Leucadia; CUP should be denied; no through traffic; 30 year resident; there has been an increase in traffic since the Heights Inn came; there are children and horses on the street; concerned about peacefulness; violates what the citizens want; no benefit to the city, community or neighborhood.
Commissioner Skinner asked if Mr. Messigner hears the sirens from the Fire Department.
Mr. Messinger stated that occasionally they do have their sirens on.
Vice Chairman Maislen asked what other facilities are in the city.
Mr. Messinger stated it is at Avocado Crest and Hacienda Blvd.
Pat Messinger, 205 Leucadia Road ñ stated she is shocked that the recommendation is for approval; it is against the basic principals that La Habra Heights is founded on; the main purpose of our incorporation was to preserve the rural atmosphere; the General Plan prohibits commercial enterprises within out city; traffic has increased tremendously since the Heights Inn went in; it will continue to increase; urged the Commission to deny this request.
Bruce Thomas, Panchoy ñ stated he hears the sirens when they leave the station at City Hall; sirens donít bother him, but he does hear them; his concern is safety; concerned with their patio that looks over a 100 foot cliff.
Tom Higgs, 2010 El Cajonita ñ stated the average number of citizens is 2.98 per home in this city; felt this was a 600% increase for this site; concerned with parking; concerned with the financial responsibility to the City; wear and tear on the roads; this will cost the City money; feels the real reasons for this increase is not to unite husbands and wives it is money; felt this CUP should be denied; felt facility would need to be enlarged to handle this many residents.
Coleen Aldrich, Heights Inn, Panchoy ñ states renamed the Heights Inn to the Park Regency Heights; this is not a nursing home is a residential care home for the elderly; is on 5 acres with a 5,000 sq. ft. home; each room is approximately 500 sq. ft.; wants to house husbands and wives together; statistically people stay within 10 miles of there home; since August 1 there has been 1 call by the paramedics; where will the seniors go; seniors donít have many visitors; there is room for 10 cars on the site; they do not want to change La Habra Heights; if all Cities decide Seniors cannot be in their communities, where are the Seniors going to go; invited everyone to come and take a tour of the facility; Care Meridian is in La Habra Heights.
Commissioner Maislen asked about their septic system.
Ms. Aldrich stated the existing system could accommodate what is being proposed; no cooking is being done in the guesthouse.
Chairman Martin asked what Sun Mar would do if their application were not approved.
Ms. Aldrich stated may people have inquired about couples being able to stay there and currently Sun Mar has to turn them away; seniors are the best kind of neighbors; they do not want to turn people away.
Chairman Martin asked if they could go two per room and still keep their limit at 6 people.
Ms. Aldrich stated they would have to talk to Department of Social Service to see if they would allow them to do that and then they would have room left vacant.
Commissioner Skinner asked prior to August 1st, what was the rate of emergency calls for paramedics.
Ms. Aldrich explained they does not have records prior to August 1st as they were not the owners then; prior owners had two staff members on at every shift, Sun Mar does not do that; Sun Mar does not take in critically ill patients; often they pass away in their sleep; breakfast is cooked on site, lunch and dinner are delivered in a car.
Commissioner Fritz asked regarding the circular driveway and available parking.
Ms. Aldrich stated there is room to park and pass on the circular driveway; plenty of access for emergency vehicles.
Karen Thomas, 2401 Panchoy Place ñ stated she was not made aware the property had sold; there are strangers on the street now; objects to commercialism; in favor of rural country living.
Chairman Martin closed the public hearing.
Vice Chairman Maislen asked staff if there was a second facility in La Habra Heights; if a Condition could be added too only allow a married couples, this is humane; is against 12 beds.
Ms. Sanderson stated the care facility at Hacienda and Avocado Crest in the county territory and not under city jurisdiction; questioned the feasibility of enforcement of only married couples, there could be discrimination issues involved.
Commissioner Fritz asked who monitors it now to determine that they only have 6 people up there.
Ms. Sanderson stated it is currently monitored by the State.
Mr. Milano stated that quarterly inspections take 2-3 hours to complete; stated he has seen monitoring of CUPs in other Cities; it is a very costly process.
Ms. Baeza advised the Commission the California Residential Care Facilities for the Elderly Act does not permit the type of regulation as far as the type of occupant that is permitted in these homes; she suggested staff research this prior to making it a Condition of Approval.
Mr. Milano questions the housing of significant others.
Commissioner Skinner stated in Finding #8, feels the public interest and peace can be affected by this project; spoke with the Fire Chief today and he stated prior to August 2000 the Fire Department was responding to two calls per week to this site; felt there is a potential for more fire department calls; traffic will be impacted; addition of staff; this doesnít benefit the city; the city is not reimbursed for paramedic calls; La Habraís paramedics respond; not in favor of this project.
Commissioner Gunns stated this is a beautiful home; both sides have valid points; prefers married couples; 2 or 3 rooms with double occupancy would be OK.
Commissioner Fritz stated is not opposed to couples; Commissioner Gunns suggestion is fair; doesnít want to give facility blanket authority.
Commissioner Maislen suggested continuing this item; it needs more research; it was his understanding a CUP exists and if it becomes a nuisance the City can look at revocation.
Ms. Sanderson stated there is a process staff must take to revocate a CUP; revocation can only be done if the Conditions of Approval are not met, if the number of Fire Department trips is not part of the CUP, there could not be a revocation for that.
Ms. Baeza instructed the Commission to focus on the criteria the City is guided by.
Vice Chairman Maislen suggested staff look at what controls could be put in place to monitor the CUP.
Commissioner Skinner concerned over the use of City Staff time.
Vice Chairman Maislen wanted the Heights Inn billed
Commissioner Skinner asked regarding the Septic System and would staff research this and determine if this is now a commercial system.
Ms. Sanderson stated the County Health can designate this as a commercial use, however in our Municipal Code this type of use is allowed subject to an approved Conditional Use Permit; she offered a Condition of Approval that the applicant would need to contact County Health to obtain approvals.
Commissioner Fritz stated he was concerned if the septic system was adequate for the proposed use.
Chairman Martin stated was torn; recognizes the need for this; this is a relatively new owner of a business in the Heights and that is controversial in and of itself; there are two actions here, a request to double the occupancy and the other is to change and allow double occupancy within a room; he also hears an air of compromise coming from the Commission; a continuance might prove beneficial.
Vice Chairman Maislen asked for public hearing to be reopened.
Chairman Martin reopened the public hearing.
Vice Chairman Maislen asked Ms. Aldrich how many she is licensed for in La Habra.
Ms. Aldrich stated she is licensed for 168; has 92 residents and facility is full; the make up changes from time to time.
Vice Chairman Maislen asked if it was possible to envision 12 residents and never reach that goal.
Ms. Aldrich stated it was possible; there goal is to do better assessments and placement that the previous owners.
Vice Chairman Maislen asked if the City comes up with a mechanism of control, would that be acceptable to Sun Mar in terms of the expense.
Ms. Aldrich stated she would need to know what the expense was and refer it to her boss to make that decision.
Chairman Martin closed the public hearing.
Vice Chairman Maislen moved to continue CUP 2000-09 to give staff opportunity to explore the legality of controlling the six additional beds and negotiate with the facility for fair and reasonable cost of audit and cost of recovery. Seconded by Commissioner Fritz and approved as follows:
AYES: Fritz, Gunns, Maislen
NOES: Martin & Skinner
ABSENT: None
ABSTAIN: None
Conditional Use Permit 2000-08 (Puente Hills Landfill Native Habitat Preservation Authority) Entrance to Powder Canyon Open Space Area
Ms. Sanderson stated this application was submitted by Robert Henderson to request a CUP for an equestrian center facility at the entrance to Powder Canyon; the facility includes a warm-up arena for horses and an adjoining parking area which will accommodate 8 horse trailer parking spaces and 6 vehicle parking spaces and will be open from dawn to dusk; the Fire Department will be responsible for the opening and locking of the gate at Fullerton Road; access to the facility is by means of a gated entrance to Powder Canyon on Fullerton Road to an existing 16-foot gravel roadway; 2 passing areas will be provided within the roadway area; staff believes the findings can be met in support of granting of this CUP; staff recommends that the Planning Commission forward a recommendation for approval of CUP 2000-08 subject to conditions of approval to the City Council
Chairman Martin asked if the Commission had any questions of staff.
Commissioner Fritz asked for clarification of where it would be located.
Chairman Martin opened the public hearing.
Stephen Blagden, 2118 Citron Road ñ praised the work P.H.L.N.H.A. is doing; asked what is the use of the Los Palomas and Park riding rinks.
Bob Henderson, Puente Hills Landfill Native Habitat Authority ñ stated this was a joint venture with the City Council; discussed the use of the facility; designed only for the day use of local residents to be able to bring their horses to the facility and have a safe place they can unload their horses and warm them up; additional parking for hikers to legally park off Fullerton Road; second gate from Water facility; located 1,000 feet off Fullerton Road; there will be water to the ring; port-a-potty will be installed at a later date; introduced Andrea Gullo, Executive Director of the Habitat Authority and Jeff Yan, Civil Engineer; stated the ranger will open and close the gates; closed during bad fire season and right after bad rains.
Vice Chairman Maislen asked what control mechanism were they putting in place to limit the use to residents only.
Mr. Henderson ñ states legally they cannot limit the use; ranger will enforce the use; will also enforce no parking on Fullerton Road; working with Highland Riders; they will monitor over use of the site.
Vice Chairman Maislen asked regarding signage regarding fire danger.
Mr. Henderson stated yes they would have signage and sometimes they close Powder Canyon because the weather is too extreme; re-vegetation program will start after first of the year; if the site became overburdened they might have to come back to the City to consider entry by permit only.
Chairman Martin questioned a manned fire station.
Mr. Henderson stated they have offered land to the City for a fire station; timing is up to the City.
Vice Chairman Maislen asked if Mr. Henderson was aware of a letter from Mr. & Mrs. Apple.
Mr. Henderson stated yes, however there is no visual impact with the ring; the ring is naturally hidden.
Vice Chairman Maislen stated the were concerned with increased traffic and noise
Mr. Henderson stated yes there might be more uses; Highland Riders have offered to help clean up the processed hay.
Tom Apple, 2360 Fullerton Road - stated he wasnít as concerned as before; concerned about people loitering in the area; concerned about the condition of Fullerton Road; would rather not have the additional traffic and loitering; expressed concerns over the environment; needs to be monitored to keep it small.
Mr. Milano stated the Fullerton Road reconstruction is to begin 10-9-00; this project is 800-900 feet inside Powder Canyon, so it will be at least that far from Mr. Appleís home.
Vice Chairman Maislen stated horse people donít loiter.
Commissioner Fritz asked where this riding ring is.
Jeff Yan, 1622 Adelia Ave., Hacienda Heights ñ stated the rink and parking is 500-700 feet from the Water Company and 250 feet into Powder Canyon; gravel road 1000í of road.
Chairman Martin called Mr. Yan to the Commissioners table to show the Commission the location of the riding ring. Discussion ensued out of microphone range.
Mr. Yan stated the road from the edge of Fullerton Road to the riding ring would be graveled; this is a one-acre site that will house both the ring and parking area and it is 1,000 feet off Fullerton Road.
Mr. Henderson stated their best guess is that the riding ring is approximately 2,500 feet from Mr. Applesís home.
Commissioner Skinner voiced her concerns over the site plan submitted by the applicant; based on this site plane she stated she couldnít make a decision on this project at this time.
Mr. Yan stated he was asked by the Planning Director to provide more detail and that is the reason for the second set of plans.
Vice Chairman Maislen agreed with Commissioner Skinnerís concerns and asked the applicant for a legitimate set of plans.
Chairman Martin closed the public hearing
Commissioner Skinner stated would move to deny this project based on the set of plans received, this is not to the standards the City would accept.
Vice Chairman Maislen stated he understands where the facility is going; would like to condition the project requiring a better set of plans and send it to the City Council.
Commissioner Skinner stated must look out for the Cityís best interest.
Mr. Milano stated there would be no formal grading; this project would not require a grading permit.
Chairman Martin clarified that this pad and the road were already there and this is a smart use of this existing pad without the need for formal grading.
Mr. Milano stated he was correct.
Commissioner Gunns felt these plans are shoddy at the best; would like something with a little bit better detail; wants better documentation.
Chairman Martin read the description of the proposed project and stated this information is shown on the plans.
Commissioner Skinner states yes she can see that, however these plans are not of the quality we demand of anyone else applying to build in our City.
Commissioner Fritz stated these plans do not show where this site is in comparison to the road.
Commissioner Skinner stated what has been presented here tonight is not something she would accept from any other applicant.
Chairman Martin states the comparison between this project and the Fire Department projects is that the Chief was building structures, this project has no structures.
Ms. Sanderson advised the Commission that all they are doing this evening is making a recommendation to the City Council, they do have the option of recommending denial.
Commissioner Gunns states this is something that everyone in the City wants, however he asked staff if these plans would be kept by the City as a permanent record, and if something goes wrong can she defend these plans.
Ms. Sanderson stated these plans are not as detailed as some the Planning Commission sees, if the Commission does not feel they are detailed enough they can condition the project further.
Chairman Martin reminded the Commission they are only making a recommendation to the City Council.
Ms. Sanderson stated the recommendation to the City Council is for an Equestrian Center Facility to be placed on the site.
Commissioner Skinner stated that is exactly her point, how can they recommend approval when they do not know where the Equestrian Center is going to be built.
Commissioner Fritz felt it would have been helpful if Exhibit 4 had been overlaid on Exhibit 1.
Chairman Martin reopened the public hearing.
Vice Chairman Maislen asked Mr. Henderson if the Commission recommended approval with the Condition that a very specific site plan be provided that provides the clear location of the ring, parking lot, road and turn outs, could he provide that by the City Council Meeting.
Mr. Henderson stated it would be difficult to do and he did not see the purpose in it.
Mr. Milano volunteered to provide for the Council a better site plan; stating he can better pinpoint the location; would do it at no cost to the City; will provide it to staff tomorrow.
Chairman Martin closed the public hearing.
Chairman Martin asked Commissioner Skinner if the efforts by the City Engineer would satisfy her concerns.
Commissioner Skinner stated she would not support this project without seeing the plans.
Vice Chairman Maislen moved approval of Resolution 2000-21 recommending to the City Council approval of CUP 2000-08 with a change to Condition 4 that the ranger handle the opening and closing of the gate and further condition the approval that RKA provide a detailed site plan to staff for presentation at City Council at no charge.
Ms. Sanderson expressed a concern regarding a condition of approval that would require staff to provide a detailed site plan; providing of this site plan has nothing to do with the operation of this facility.
Vice Chairman Maislen removed the condition regarding the plans. Seconded by Chairman Martin.
Commissioner Gunns was concerned about removing the Condition that requires RKA to furnish the map.
Ms. Sanderson stated she would get the map from RKA.
AYES: Gunns, Martin, Maislen
NOES: Fritz & Skinner
ABSENT: None
ABSTAIN: None
OLD BUSINESS
Discuss cancellation of the Planning Commission meeting of December 26, 2000.
Commissioner Gunns suggested staff schedule everything to November or January.
Vice Chairman Maislen moved to cancel the December 26, 2000 Planning Commission Meeting and advised staff to schedule an emergency meeting if needed. Commissioner Gunns seconded the motion and it was approved as follows.
AYES: Fritz, Gunns, Martin, Maislen and Skinner
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS FROM THE PUBLIC
Stephen Blagden, 2118 Citron Road ñ discussed the Heights Inn and the use of the podium
Bruce Thomas, 2401 Panchoy ñ discussed the Heights Inn.
ADJOURNMENT
Vice Chairman Maislen moved to adjourn the meeting at 10:03 p.m.; Seconded by Commissioner Gunns and approved as follows:
AYES: Fritz, Gunns, Martin, Maislen and Skinner.
NOES: None
ABSENT: None
ABSTAIN: None
Richard Martin, Chairperson
ATTEST:
Sheryl Sanderson, Director of Planning