[00:00:01]
COMMISSION,[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, MARCH 8, 2021 6:30 P.M. COUNCIL CHAMBER 100 EAST LA HABRA BOULEVARD LA HABRA, CALIFORNIA 90631]
AND WELCOME TO WHAT'S LIKELY TO BE THE LAST, UH, ZOOM MEETING OF THE COMMISSION, UH, MORE THAN LIKELY.UH, BUT TONIGHT IN ACCORDANCE WITH EXECUTIVE ORDER AND DASH TWO, FIVE DASH TWO ZERO GUIDANCE FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH ON GATHERINGS AND IN AN EFFORT TO SLOW THE SPREAD OF COVID-19 AND TO ENSURE THE HEALTH AND SAFETY OF OUR COMMUNITY, THE REGULAR MEETING OF THE LAVA PLANNING COMMISSION IS BEING CONDUCTED VIA TELECONFERENCE PLANNING, COMMISSIONERS AND STAFF ARE CALLING IN REMOTELY AND REMOTE PUBLIC PARTICIPATION CAN BE DONE AS FOLLOWS FOR THE GENERAL PUBLIC WHO HAS LOGGED IN THROUGH ZOOM, NOTLEY OR MUTED IN YOUR CAMERA IS TURNED OFF.
BUT IF YOU WANT TO COMMENT DURING THE PUBLIC COMMENT PORTIONS OF THE AGENDA, USE THE RAISE YOUR HAND OPTION, OR IF DIALING IN BY PHONE PRESS STAR NINE AT THE BROKERAGE TIME INDICATED BY THE PLANNING COMMISSION SHARED DURING THE MEETING, YOU WILL THEN BE SELECTED FROM THE MEETING QUEUE.
PLEASE NOTE THAT SPEAKERS MOST LIMIT THE COMMENTS TO THREE MINUTES EACH AND THAT THE TOTAL TIME PERIOD FOR PUBLIC COMMENT IS 30 MINUTES.
PUBLIC COMMENTS WILL ALSO BE ACCEPTED BY EMAIL TO PLANNING COMMISSION, ALL ONE TERM@LAHABRACAALLONETERM.GOV.
AND AGAIN, JUST TO CLARIFY, THE INITIAL PORTION OF PUBLIC COMMENTS IS FOR MATTERS, NOT ON THE AGENDA TONIGHT.
SO THAT MEANS THAT FOLKS ARE WELCOME TO SPEAK ON ANYTHING THAT IS NOT ON THE AGENDA.
THERE WILL BE A FORMAL PUBLIC HEARING ON THE MATTER THAT'S ON THE AGENDA.
AND AT THAT POINT IN TIME, OF COURSE, UH, FOLKS MAY SPEAK.
SO AT THIS TIME, UH, WE'LL CALL THE MEETING TO ORDER.
AND I WOULD ASK YOU ALL TO JOIN COMMISSIONER POWELL AND THE PLEDGE OF ALLEGIANCE.
DID YOU JOIN ME IN THE PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
WILL THE SECRETARY PLEASE CALL ROLL.
THIS IS VERONICA CALLING ROLL COMMISSIONER MUNOZ.
YEAH, COMMISSIONER BERNAY COMMISSIONER POWELL, VICE CHAIR, MANLEY CHAIR.
BABA COMMENTS WILL BE RECEIVED AT THE BEGINNING OF THE GOVERNING BODY MEETING AND LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES FOR PUBLIC COMMENTS, UNLESS OTHERWISE MODIFIED BY THE CHAIR.
SPEAKING TIME MAY NOT BE GRANTED AND OR LOANED IT TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.
SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.
THE GENERAL PUBLIC COMMENT PORTION OF THE MEETING ALLOWS THEM TO CALL THEM TO ADDRESS ANY ITEMS, CITY BUSINESS.
ONCE AGAIN, THAT IS NOT APPEARING ON THE SCHEDULE AGENDA FOR A GOVERNMENT CODE SECTION FIVE 49, FIVE FOUR DOT THREE SEVEN.
A SUCH COMMENTS SHALL NOT BE RESPONDED TO BY THE GOVERNING BODY DURING THE MEETING.
SO IF ANYBODY WOULD LIKE TO ADDRESS THE COMMISSION AT THIS TIME FOR A NON AGENDIZED ITEM, PLEASE RAISE YOUR HAND NOW OR DYING IN PRESS STAR NINE NOW AND WAIT TO BE ANNOUNCED.
AND VERONICA, WHEN ANY HANGS, I DO SEE SOMEONE THAT WISHES TO ADDRESS THE COMMISSION.
UH, THEY APPEAR AS TOM LAST NAME M I N N I C H.
WE'LL GO AHEAD AND UNMUTE THEM SPEAKER, MAKE SURE YOU UNMUTE YOURSELF ON YOUR END.
PLEASE SLOWLY SPELL OUT YOUR FIRST AND LAST NAME AND YOUR ADDRESS FOR THE RECORD.
OH, THEY DISAPPEARED FOR THE, UH, LET'S.
LET'S GO AHEAD AND CLOSE THOSE PUBLIC COMMENTS UNLESS THERE'S ANY OTHER HANDS RAISED AND MOVE ON TO THE CONSENT CALENDAR ON MATTERS ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE.
IT WILL BE ENACTED BY ONE MOTION UNLESS COMMISSIONER CITY, STAFF MEMBER, OR MEMBER OF THE AUDIENCE REQUESTS, SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVED ITEMS WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.
PUBLIC COMMENT SHOULD BE LIMITED TO THREE MINUTES FOR INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES FOR ITEM THAT HAS BEEN REMOVED FOR SEPARATE DISCUSSION, UNLESS OTHERWISE MODIFIED BY THE CHAIR.
SPEAKING TIME MAY NOT BE GRANTED AND ARE LOW AND DO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.
SPEAKING TIME, KIND OF COMMENTS MUST BE KEPT BRIEF, NON REPETITIVE AND PROFESSIONAL IN NATURE BEFORE THE COMMISSION AT THIS TIME IS THE CONSENT CALENDAR, WHICH INCLUDES ITEMS ONE THROUGH TWO, ALL ITEMS WILL BE APPROVED WITH ONE VOTE UNLESS AN ITEM IS REMOVED FOR FURTHER DISCUSSION.
DO ANY OF THE COMMISSIONERS WISH TO REMOVE AN ITEM? COMMISSIONER MUNOZ.
IS THERE ANYONE ON THE PHONE WHO WISHES TO HAVE AN ITEM REMOVED? USE THE RAISE YOUR HAND OPTION OR THE STAR NINE.
IF YOU'RE DIALING NOW AND WAIT TO BE ANNOUNCED AND LET ME KNOW IF THERE'S ANYBODY.
THERE IS NO ONE WHO WISHES TO ADDRESS THE COMMISSION AT THIS TIME.
THIS IS VICE CHAIR MANLEY, UH,
[00:05:01]
PREPARED TO MAKE A MOTION WITH YOUR PERMISSION.PLEASE MAKE A MOTION TO APPROVE THE CONSENT CALENDAR IS YOUR SECOND ONE SECOND.
TODAY, MAN, MOTION WAS MADE MADE BY VICE CHAIR, MANLEY AND SECONDED BY COMMISSIONER MUNOZ.
WILL THE SECRETARY PLEASE CALL ROLL.
THIS IS VERONICA CALLING ROLL.
VICE-CHAIR MANLY COMMISSIONER MUNOZ.
WE WILL NOW MOVE TO THE PUBLIC HEARING SCHEDULED FOR THIS EVENING.
THE PROCEDURES WILL BE AS FOLLOWS.
THE CHAIR WILL ANNOUNCE THE HEARING AND THE STAFF WILL GIVE A REPORT ON THE ITEM.
THOSE WHO WISH TO SPEAK IN FAVOR OF THE ITEM WILL BE RECOGNIZED FIRST, EXCUSE ME.
AND THEN THE COMMISSIONER WE'LL HEAR FROM THOSE IN OPPOSITION.
REBUTTALS WILL BE ALLOWED ONLY AT THE DISCRETION OF THE CHAIR.
AFTER ALL HAVE SPOKEN, THE PUBLIC HEARING WILL BE CLOSED AND THE COMMISSION WILL DISCUSS THE MATTER AND TAKE ANY ACTION.
IF YOU WISH TO ADDRESS THE COMMISSION, PLEASE WAIT TO BE PROMPTED.
AND WHEN CALL, PLEASE IDENTIFY YOURSELF BY SLOWLY SPELLING OUT YOUR FIRST AND LAST NAME AND STATE YOUR ADDRESS FOR THE RECORD, PLEASE, PUBLIC COMMENTS SHALL BE LIMITED TO FIVE MINUTES FOR INDIVIDUAL WITH A TOTAL TIMELINE OF 60 MINUTES FOR ALL PUBLIC COMMENTS FOR EACH PUBLIC HEARING ITEM ON THE AGENDA, UNLESS MODIFIED BY THE CHAIR.
COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.
SO JUST FOR A LITTLE FURTHER CLARIFICATION ON THAT, WE ONLY HAVE ONE ITEM ON THE AGENDA TONIGHT FOR PUBLIC HEARING.
BEAR IN MIND WHEN THE TIME COMES TO SPEAK, THERE IS THAT 60 MINUTE WINDOW FOR ALL COMMENTS, BOTH IN FAVOR AND AN OPPOSITION.
UH, SO I'LL JUST SAY TO FOLKS, BECAUSE WE KNOW SOME FOLKS WANT TO TALK ABOUT THIS PARTICULAR ITEM, BEAR IN MIND THAT IF YOU'VE HEARD SOMEBODY SAY, WELL, REMEMBER THAT IF THERE'S A LOT, WE WANT TO GET ANY LUNCH.
WE CAN'T IN THAT ONE HOUR WINDOW.
SO DO TRY TO KEEP YOUR COMMENTS, UH, RELATIVELY UNIQUE IF YOU WOULD.
SO THE FIRST TIME ON THE AGENDA TONIGHT IS CONSIDERED.
THE ONLY ITEM IS CONSIDERATION OF ZONE VARIANCE TWO ZERO DASH ZERO ONE TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 60 AND ZONE VARIANTS, 21 DASH ZERO ONE TO REDUCE THE MINIMUM LOT SIZE FROM 7,200 SQUARE FEET TO 6,192 SQUARE FEET FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME AT ONE 61 WEST LANE.
AND THEY WOULD PLEASE HAVE A STAFF REPORT.
YES, MR. CHAIRMAN, THE MEMBERS OF THE COMMISSION, ANDREW HOE, DIRECTOR OF COMMUNITY DEVELOPMENT, UH, HERE TO PRESENT THIS ITEM TONIGHT IS ASSOCIATE PLANNER.
DAVID LOPEZ ALSO HERE IN ATTENDANCE TO PROVIDE THE COMMISSIONER WITH COUNCIL TONIGHT IS ASSISTANT CITY ATTORNEY KEITH COLLINS.
I MEAN, UH, ON A ROLE OF CHAIR AND COMMISSIONERS, I'M GONNA GO AHEAD AND SHARE MY SCREEN TO PUT OUT THE PART POINT THAT'S ATTACHED TO, UH, 11 OF THE STAFF REPORT.
THE ITEM FOR TONIGHT'S CONSIDERATION INVOLVES TWOS ON VARIOUS APPLICATIONS FOR THE DEVELOPMENT OF A TWO-STORY HOME ALONG CADENT LANE.
THE PROPERTY IS LOCATED ALONG A GATED COMMUNITY.
IT'S A PRIVATE ROADWAY KNOWN AS HIDDEN LANE, WHICH IS ACCESSIBLE VIA NORTH YUKON STREET BASED ON TITLE REPORT RECORDS.
THAT SUBJECT LOT WAS CREATED IN 1955 UNDER THE JURISDICTION OF THE COUNTY OF ORANGE.
THE PROPERTIES ALONG HIDDEN LANE WERE ANNEXED INTO THE CITY IN 1980 VIA ANNEXATION 79 DASH ZERO FOUR.
AND IN LINK CONTAINS 13 LOTS IMPROVED WITH SINGLE STORY, SINGLE FAMILY HOMES AND THESE ZONING DESIGNATION FOR THE AREA.
IT IS R ONE B ONE FAMILY DWELLING.
HE IN LANE IS 20 FEET WIDE, ACCORDING TO THE RECORDED EASEMENTS AND IS NOT CITY OWNED OR MAINTAINED BY THE CITY.
RATHER IT'S A PRIVATE ROADWAY UTILIZED FOR INGRESS AND EGRESS AND MAINTAINED BY THE PROPERTY OWNERS.
IT SHOULD BE NOTED THAT UPON STAFF'S RESEARCH OF THE NEIGHBORHOOD HIDDEN LANE DOES NOT HAVE A SANCTIONED HOMEOWNERS ASSOCIATION OR HOA OR RECORDED COVENANTS CONDITIONS AND RESTRICTIONS.
UM, STAFF HAS RECEIVED VARIOUS LETTERS AND EMAILS REGARDING THE PROJECT.
THOSE LETTERS RECEIVED AFTER THE AGENDA PACKET WAS FINALIZED, HAVE BEEN FORWARDED TO THE COMMISSION FOR THEIR CONSIDERATION.
THE SUBJECT PARCEL IS IRREGULAR SHAPE.
IT'S A IRREGULAR SHAPE, LOT TRIANGULAR,
[00:10:01]
UM, WITH A TOTAL AREA OF 6,192 SQUARE FEET.THE PUBLIC NOTICE IDENTIFIED A LOT SIZE OF 5,092 SQUARE FEET.
THE DISCREPANCY IN THE LOT AREA IS BASED ON THE ORIGINAL PROJECT PLANS, NOT INCLUDING THE EASEMENT AREA ALONG THE FRONT OF THE PROPERTY UPON REVIEW OF A TATA REPORT.
THE PROPERTY CONTAINS THREE EASEMENTS ALONG THE FRONT PROPERTY LINE, WHICH IS THE SOUTHERLY PROPERTY LINE TWO EASEMENTS ALONG THE REAR PROPERTY LINE OR THE NORTHERLY PROPERTY LINE FOR ROAD AND PUBLIC UTILITY PURPOSES FROM PROPERTY LINE.
IT EXTENDS INTO THE MIDDLE OF HIDDEN LANE OR THE 20 FOOT 20 FOOT WIDE PRIVATE ROADWAY.
TODD REPORT ALSO IDENTIFIES, UM, THE ACCURATE LOT DIMENSIONS, UH, WHICH TOTAL 6,192 SQUARE FEET FOR THE TOTAL LOT SIZE.
UH, THE TITER REPORT ALSO IDENTIFIES A LOCATION OF ALL THE RECORDED EASEMENTS THAT AFFECT THE SEPARATE PROPERTY.
THE EASEMENT INFORMATION HAS BEEN IDENTIFIED ON THE SITE PLAN.
THE RNB ZONE REQUIRES A MINIMUM LOT AREA OF 7,200 SQUARE FEET.
A ZONE VARIANCE IS REQUESTED TO ADDRESS THE 6,192 SQUARE FOOT LOT, WHICH IS SUBSTANDARD, UH, PURSUANT TO OUR MUNICIPAL CODE.
AND THIS IS FOUND IN SECTION 18 POINT 24.040 SECTION E UH, TITLED AREA REQUIREMENTS.
IT PROVIDES AN EXEMPTION RELATED TO THE MINIMUM LOT AREA FOR ALL SINGLE FAMILY ZONED AREAS OR PROPERTIES.
AND IT, UH, IT'S SPECIFICALLY STATES EXCEPT ANY LOT WITH LESS AREA THAN HERE IN REQUIRED AND WAS RECORDED PRIOR TO THE PASSAGE OF THIS SECTION, MAYBE DEVELOPED WITH A SINGLE FAMILY DWELLING UNIT AND ET CETERA, USERS PERMITTED BY THIS TITLE IN ORDER FOR A PROPERTY TO QUALIFY FOR THIS EXEMPTION TO THE MINIMUM LOT AREA, A PARCEL WOULD HAVE NEEDED TO BE CREATED PRIOR TO 1954, AS THE CITY OF ALHAMBRA IS FIRST LAND USE ORDINANCE OR ZONING CODE WAS ESTABLISHED IN FEBRUARY, 1954 VIA ORDINANCE ONE NINE FIVE.
AS AN EXAMPLE, IF A LOT WAS CREATED IN 1950, IN 1951 52 OR 53, THE ZONING CODE WOULD ALLOW THE DEVELOPMENT OF A SINGLE FAMILY HOME, RIGHT? UM, WITHOUT ANY DISCRETIONARY ACTION, BUT BECAUSE THIS PROPERTY WAS CREATED IN 1955, UH, AND ALSO UNDER THE COUNTY'S JURISDICTION, THE SUBJECT PARCEL DOES NOT QUALIFY FOR THE EXEMPTION.
AND THUS THE ZONE VARIANCE IS REQUIRED FOR THIS PARTICULAR CASE, THE REQUIRED FINDINGS TO SUPPORT THE GRANTING OF THE VARIANCE TO ADDRESS THIS SUCH GENDER LOCK CAN BE MADE.
UM, I JUST TOOK ITEMS TO CONSIDER ARE THE PROPERTY WAS CREATED WHILE UNDER THE COUNTY'S JURISDICTION, WHICH ALLOWED THE CREATION OF THE SUBSTANDARD LOT.
THE PROPERTY HAS LOT SIZES NOW, PRE IT'S A PRE-EXISTING CONDITION, WHICH CAUSES A HARDSHIP HAS A LOT, CANNOT BE ENLARGED DUE TO EXISTING IMPROVEMENTS SURROUNDING THE PROPERTY.
THE ROV ZONE ALSO REQUIRES A FRONT SETBACK OF 25 FEET OR 25% OF THE DEPTH OF THE LOT.
WHICHEVER IS LESS FOR THIS CASE.
THE SUBJECT PROPERTIES DEPTH MEASURES, 43 FEET ALONG THE WESTERN PROPERTY LINE AND 69 FEET ALONG THE EASTERN PROPERTY LINE, UTILIZING THE STRICTEST APPROACH, THE PROPERTIES DEPTH OF 69 FEET AND APPLYING THE 25% REQUIREMENT.
IT YIELDS A 17, 17 FOOT FRONT YARD SETBACK, WHICH IS MEASURED FROM THE FRONT PROPERTY LINE OR TOWARDS THE MIDDLE OF HIDDEN LANE.
THE PROPOSED SINGLE FAMILY HOME IS SET BACK 20 FEET FROM THE FRONT PROPERTY LINE, MEASURED FROM THE MIDDLE OF HIDDEN LANE AND SET BACK 10 TO 13 FEET FROM THE NORTHERN NORTHERLY EDGE OF HIDDEN LANE OR BEYOND THE 20 FOOT EASEMENT.
THE ATTACHED TWO CAR TWO CAR GARAGE IS SET BACK 30 FEET FROM THE FRONT PROPERTY LINE.
AGAIN, THIS MEASUREMENT IS FROM THE MIDDLE OF HIDDEN LANE AND IS SET BACK 20 FEET FROM THE NORTHERLY EDGE OF HIDDEN LANE OR BEYOND THE 20 FOOT EASEMENT.
THE RNB ZONE REQUIRES A TWENTY-FIVE FOOT REAR YARD SET BACK FOR ALL NEW SINGLE FAMILY DWELLING UNITS.
A ZONE VARIANCE IS REQUESTED THROUGH ENCROACH 19 FEET INTO THE REAR YARD SETBACK BASED ON THE SUBJECT CLOTS CONFIGURATION ITS IRREGULAR SHAPE.
[00:15:02]
THE PROPOSED TWO-STORY HOME WILL ONLY BE SET BACK SIX FEET MEASURED FROM THE REAR PROPERTY LINE TO THE ROOF EAVE, UH, AND SEVEN FEET, SIX INCHES FROM THE REAR PROPERTY LINE TO THE ACTUAL BUILDING BUILDING WALL.OR THE NEW STRUCTURE IS REALLY PREVIOUSLY MENTIONED.
THERE ARE TWO RECORDED EASEMENTS ALONG THE NORTHERLY PROPERTY LINES THAT AFFECT THE SUBJECT SITE.
THERE'S A THREE FOOT WIDE TELEPHONE AND UTILITY EASEMENT AND A SIX FOOT WIDE EDISON EASEMENT.
THE PROPOSED TWO STORY STRUCTURE, INCLUDING THE ROOF EAVES WILL NOT OVERHANG INTO THE RECORDED EASEMENTS APPLICANT WILL STILL BE RESPONSIBLE FOR LOCATING ALL ONSITE EASEMENTS AND THE PROJECT HAS BEEN CONDITIONED, UM, PROHIBITING ANY CONSTRUCTION OF PERMANENT STRUCTURES OR OVERHANGS INTO ANY OF THE RECORDED EASEMENTS.
THE SECOND FLOOR INCLUDES THREE ADDITIONAL BEDROOMS WITH THE FLOOR AREA OF 1,335 SQUARE FEET FOR A TOTAL COMBINED FLOOR AREA OF 2,555 SQUARE FEET.
THE STRUCTURE, WHILE TWO STORIES IN HEIGHT, IT IS AT 21 FEET FROM THE TOP OF THE RIDGE IS WITHIN ACCEPTABLE LIMITS.
AS THE ZONING CODE IMPOSES A HEIGHT RESTRICTION WITHIN THE RNB ZONE OF 35 FEET.
IT SHOULD BE NOTED THAT THE PROJECT PLANS TO IDENTIFY THAT THE NEW TWO-STORY HOME TO HAVE FIRE SPRINKLERS ON THE PROJECT PLANS.
IT HAS THE NOTE THAT IT WILL BE A SPRINKLERED.
THE APPLICANT HAS DESIGNED THE PROPOSED TWO STORY HOME TO COMPLY WITH THE REQUIRED SIDE YARD SETBACKS.
IT ALSO PROVIDES HER QUITE OPEN SPACE ALONG THE WESTERN LEE END OF THE LOT AND HAS A TWO CAR GARAGE WITH SUFFICIENT AREA ALONG THE FRONT OF THE GARAGE TO MAINTAIN A VEHICLE ON SITE AND NOT OBSTRUCT THE 20 FOOT WIDE PRIVATE ROADWAY DOES ONLY GOOD FOR A SINGLE FAMILY AREAS.
ONLY SPECIFIES A TWO CAR GARAGE FOR A SINGLE FAMILY HOME.
UNFORTUNATELY, PARKING FOR GUESTS ARE ONLY APPLICABLE IN MULTIFAMILY ZONES.
THE APPLICANT HAS ALSO CONTACTED THE LOS ANGELES COUNTY FIRE DEPARTMENT AND HAS OBTAINED AN APPROVED SITE PLAN FOR FIRE HYDRANT, LOCATION AND ACCESS AS SHOWN ON SCREEN.
THE PROJECT INCLUDES VARIOUS STANDARD CONDITIONS OF APPROVAL, INCLUDING PROJECT SPECIFIC CONDITIONS THAT REQUIRE THE APPLICANT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS TO COMPLY WITH THE LOS ANGELES COUNTY FIRE DEPARTMENT, FIRE FLOW REQUIREMENTS.
THE APPLICANT IS ALSO RESPONSIBLE FOR LOCATING ALL THE EASEMENTS ONSITE AND THE APPLICANT IS ALSO REQUIRED TO COMPLY WITH ALL CURRENT CONSTRUCTION CODES AND OBTAINED ALL NECESSARY PERMITS AND APPROVALS FROM ALL APPLICABLE AGENCIES.
THIS INCLUDES THE CALIFORNIA REGIONAL WATER QUALITY BOARD OF SANTA ANA OR FOR THE SANTA ANA REGION, UM, FOR THE INSTALLATION OF A WASTEWATER TREATMENT SYSTEM OR SEPTIC SYSTEM.
IT DOES NOT APPEAR THAT THE PROPERTY IS LOCATED WITHIN 200 FEET OF AN EXISTING PUBLIC SEWER.
THEREFORE, AS A CONDITION, THE APPLICANT WILL NEED TO COORDINATE WITH THE CALIFORNIA REGIONAL WATER QUALITY BOARD OF SANTA ANA TO ACCESS AND APPROVE AN ONSITE WASTEWATER TREATMENT SYSTEM OR SEPTIC SYSTEM PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS.
UH, THIS CONCLUDES MY PRESENTATION AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS AT THIS TIME.
THANK YOU VERY MUCH, DAVID, APPRECIATE THAT.
UM, LET'S SEE IF THE COMMISSIONERS HAVE ANY QUESTIONS OF STAFF LET'S BEGIN WITH, UH, COMMISSIONER MUNOZ.
UM, AS FAR AS THE FENCING GOES, UM, THEY WOULD BE ABLE TO GO UP TO SIX FEET ON THE, ON THE WEST SIDE OF THE PROPERTY, RIGHT.
WHICH IS KIND OF LIKE THEIR BACKYARD BECAUSE OF THE IRREGULAR SHAPE LAW, WHERE THE SEATING AREA IS LOCATED AND THE PLANNERS, RIGHT.
WHICH WOULD BE RIGHT BEHIND THE 10 FOOT SETBACK, IS THAT CORRECT? THE SIX FOOT HIGH WOULD BE APPLICABLE ALONG THE WESTERN LAKE PROPERTY LINE BEYOND THE HASHED AREA, WHICH IDENTIFIES THE EASEMENT.
UM, SO LOOKING AT AT THE SITE PLAN PROVIDED THERE IS A 20 FOOT DIMENSION MEASURED FROM THE MIDDLE OF HIDDEN LANE
[00:20:01]
TO WHERE ANY IMPROVEMENTS WOULD BE LIMITED TO THREE FEET IN HEIGHT.UM, SO THE FENCING MATERIAL WOULD BE SIX FEET HEIGHT LIMIT FROM THE MIDDLE OF HIDDEN LANE, 20 FEET ONTO THE PROPERTY.
AND THEN, UM, MY SECOND QUESTION IS, UM, I KNOW WHEN WE, WHEN THE CITY ANNEX A PROPERTY, UM, DO WE HAVE RECORDS OF IT ALWAYS BEING RESIDENTIAL AS FAR AS THAT PARTICULAR, UH, PARCEL OR FROM THE POINT THAT WE ANNEXED IT TILL NOW THE ANNEXATION RECORDS, UH, JUST IDENTIFY THE AREA THAT WAS ANNEXED INTO THE CITY AND ONCE IT WAS ANNEXED, IT WAS GIVEN THE RNB ZONING.
UM, UNFORTUNATELY THERE AREN'T ANY DOCUMENTS, UH, PARTICULAR TO THIS PARCEL THAT SHOW ITS ORIGINAL INTENDED USE OR ANY DOCUMENTS FROM THE COUNTY THAT SHOWED THE INTENT OR USE OF THIS PARTICULAR LOT.
THANK YOU, MR. CHAIR, MEMBERS OF THE COMMISSION.
DAVID, THANK YOU FOR THE REPORT.
I HAVE A FEW QUESTIONS FOR YOU WITH RESPECT TO, UH, SOME OF THE ITEMS THAT YOU'VE SPOKEN TO US ABOUT.
NUMBER ONE, UM, I'VE READ THE CORRESPONDENCE FROM THE COMMUNITY WITH RESPECT TO THEIR PETITION IN THEIR LETTERS AND SOME OF THE ITEMS THAT ARE HIGHLIGHTED, PERHAPS YOU CAN HELP ME TO UNDERSTAND A LITTLE BIT BETTER.
UM, NUMBER ONE, WITH RESPECT TO THE FIRE, DEPARTMENT'S RESPONSE TO THE AREA AND SPECIFICALLY, UH, AS I VIEWED THE PROPERTY TODAY AND LOOKED AT THE SITE AND EXAMINED IT, UM, WITH, UH, WITH FIRE APPARATUS, WHETHER IT BE, UH, UH, AN ENGINE COMPANY OR A PARAMEDIC COMPANY RESPONDING, THERE'S A DEAD END THAT IS SOUTH OF THE LOCATION AS YOU TRAVEL WEST AND YOU GO SOUTH, UM, AS THE FIRE DEPARTMENT, UH, REVIEWED THE PLANS AND FOUND THEIR ACCESS TO BE ACCEPTABLE.
AND IN THE STAFF REPORT IN THE ATTACHMENT WAS INCLUDED THAT ACTUALLY PROVIDES A STAMPED APPROVED SITE PLAN FROM THE LOS ANGELES COUNTY FIRE DEPARTMENT APPROVING THE DEVELOPMENT AS IT IS IDENTIFIED.
I, YEAH, I SPECIFICALLY FROM THE STAFF REPORT, I'M AWARE OF THAT WHEN SPEAKING WITH THE FIRE DEPARTMENT, THEY JUST SO THAT I UNDERSTAND IT A LITTLE BIT BETTER.
THEY LITERALLY CAME OUT TO THE SCENE.
I DON'T KNOW WHAT THE MATRIX IS TO.
I WAS AWARE OF THE STAFF REPORT, BUT THE MATRIX IN TERMS OF LOOKING AT THE PROPERTY AND THE TURNAROUND IN THE AREA OF THIS TRASH TRUCKS, TOO, THAT I THINK COME INTO THE AREA TOO, JUST, JUST FOR MY SIMPLE MINDEDNESS, THEIR MATRIX IN TERMS OF APPRECIATING THE COMING IN, COMING OFF OF A EUCLID OR HYATT, WHATEVER IT IS AT THAT POINT AND COMING DOWN, UH, THEY HAVE A MATRIX IN TERMS OF MAKING THE TERMINATION.
THE ENGINE TRUCKS CAN GET IT IN AND TURN AROUND.
I AM AWARE OF THE MATRIX OR THE TURNAROUND AREAS THAT ALLIE COUNTY FIRE HAS FOR THIS PARTICULAR PARCEL.
THE DOCUMENT THAT WE HAVE FROM ALLOCATING FIRE IS A STAMPED SITE PLAN THAT SHOWS THAT THIS PROPERTY, OR THIS PROJECT MEETS, UH, UH, FIRE HYDRANT, LOCATION AND ACCESS LOCATION, IT'S APPROVED BY ALEC COUNTY FIRE.
WHAT THE SITE PLAN DOESN'T SHOW IS THE INFORMATION THAT YOU'RE REFERRING TO ABOUT THE TURNAROUND AREA.
AND I DON'T HAVE THAT IN MY FILES.
SO THE ASSUMPTION THAT YOU HAVE AS THE PLANNER IS THAT THEY MUST'VE MADE A VISUAL SITE PLAN AND DETERMINED THAT THE ENGINE COMPANY CAN GET IN PARAMEDICS, AMBULANCES, THAT SORT OF THINGS, AND GET IN APPROPRIATELY AND SAFELY.
THAT WOULD BE YOUR ASSUMPTION.
COOL, GREAT, SAME THING WITH, UH, WITH OUR, UH, OUR TRASH COLLECTION, SAME THING.
THERE'S NO REQUIREMENT THAT I SAW THAT THEY CAN GET THE TRASH TRUCKS IN AND GET OUT AND GET INTO, OBVIOUSLY NO PROBLEM WITH THAT.
AS FAR AS, YOU KNOW, THEIR TRASH TRUCK COLLECTION, WASN'T, UM, PART OF IT
[00:25:01]
AS PART OF THIS PROJECT.BUT THE ASSUMPTION IS THEY'VE BEEN COLLECTING TRASH AND SO THEY'RE ABLE TO GET THE TRASH TRUCKS IN AND THAT SORT OF THING.
UH, MY NEXT QUESTION IS WITH RESPECT TO, UH, THE WATER SUPPLY FOR THAT AREA, UM, WITH AN ADDITIONAL HOUSE ON THAT PROPERTY AND THE REQUIREMENT, THE CODE REQUIREMENT FOR SPRINKLING THE HOUSE, DOES THAT IN ANY WAY THAT YOU'RE AWARE OF, YOU MAY NOT BE AWARE OF, DOES THAT, UH, DIMINISH THE VOLUME OF WATER FOR THE OTHER RESIDENTS IN THE AREA OR THE HYDRANT WATER OR THE FIRE SUPPRESSION WATER BY ADDING A RESIDENT TO THAT AREA THAT NOW DRAWS FROM THE, UH, THE WATER SOURCE, SO TO SPEAK.
I DON'T HAVE THE FULL KNOWLEDGE TO BE ABLE TO LET YOU KNOW IF THAT'S THE CASE.
UM, AS PART OF IT, I CAN PROBABLY JUMP IN ON, ON THAT.
UH, HIDDEN LANE HAS HISTORICALLY HAD LOW FIRE FLOWS IN THE AREA.
UM, THE FIRE DEPARTMENT'S AWARE OF, OF THE, THE LOW FIRE FLOW AND, UH, THEY'VE CONDITIONED THE PROJECT TO, UH, REQUIRE THE HOME TO BE FIRE SPRINKLERED.
AND THAT IS ONE WAY AROUND THE, UH, LOW FIRE FLOW ISSUES.
THANK YOU, MR. PAL, IF I CAN ADD TO ON THE APPROVED PLAN THAT MR. LOPEZ SHOWED EARLIER, UM, IT ALSO IDENTIFIED THAT THE FIRE DEPARTMENT IS IDENTIFIED A FIRE FLOW THAT NEEDS THAT HAPPEN BEFORE THE PROJECT CAN BE BUILT, SO THAT WILL BE TESTED PRIOR TO ANY PERMITS BEING ISSUED.
AND I'M, UM, I'M COGNIZANT, I JUST HAVE SOME SENSE OF THE HISTORY.
I THINK YOU AND I HAVE SPOKEN ABOUT THE HISTORY OF THE WATERFLOW ISSUE IN TERMS OF PERMITTING IN THE PAST AND SPRINKLERS.
I HAVE SOME SENSE ABOUT SOME HISTORICAL BACKGROUND ON THAT, LASTLY, UM, UM, WITH RESPECT TO THE, UH, SEPTIC SYSTEM, UH, THAT IS A POST APPROVAL ISSUE.
UH, IS THERE SOME SENSE THAT THAT COULD NOT BE APPROVED? IS THAT A POSSIBILITY DAVID OR ROY? I MEAN THE GROUND WATER, THE GROUND, I MEAN THE GROUND SYSTEM, WHEN I LOOKED AT THE PROPERTY, I LOOKED AT THE PLANS.
I WENT OUT TO THE SITE AND I NOTICED THE LOCATION WHERE THE SEPTIC SYSTEM IS TO BE INSTALLED BECAUSE THEY DON'T HAVE THE, UM, CITY SEWERS THERE.
UM, I'M JUST CURIOUS AS TO, IF WE WERE TO APPROVE THIS AND WE GO ALONG AND THEN THERE'S WASTE MANAGEMENT, DOESN'T APPROVE IT.
WHAT, WHAT HAPPENS IN, I MEAN, IS IT, IS THERE, IS IT PRETTY CLEAR THAT IT WILL BE APPROVED OR I I'M JUST, I'M VAGUE ON, I'M NOT THE SMARTEST, NOT THE SHARPEST KNIFE IN THE DRAWER.
SO I'M JUST KIND OF CURIOUS ABOUT THAT.
THE, THE ANSWER IS, IS KIND OF VAGUE.
UM, THAT'S WHY THE PROJECT'S BEEN CONDITIONED TO PROVE THAT IT CAN MEET THAT REQUIREMENT BEFORE WE, THE CITY WOULD ISSUE ANY, ANY PERMITS, UM, IN TERMS OF WHETHER THE PROJECT CAN OR CAN'T, THAT NEEDS TO BE DESIGNED BY AN ENGINEER BECAUSE IT HAS TO DO WITH SOIL CONDITIONS AND PERCOLATION AND, YOU KNOW, THAT ESTABLISHES THE SIZE OF LEACH FIELDS AND ALL THOSE THINGS.
SO IT'S NOT JUST A SIMPLE DRAWING A BOX ON THE PROPERTY AND YES, IT WORKS OR NO, IT DOESN'T, YOU KNOW, THAT HAS TO BE DETERMINED.
UM, YOU COULD GO THIS EITHER WAY.
UM, THE APPLICANT COULD, UM, GO THROUGH THAT STUDY AND MAKE THAT DETERMINATION, UM, WHEN THEY SUBMIT PLANS TO US OR IN THIS CASE, WE CAN CONDITION IT, UM, TO GET THOSE PLANS BEFORE PERMITS.
UM, ANOTHER TOOL THAT'S AVAILABLE TO THE COMMISSION IS YOU COULD ALSO CAN CONTINUE THIS PROJECT SAYING THAT YOU WANT TO KNOW THE ANSWER TO THAT QUESTION BEFORE YOU APPROVE IT.
SO THERE ARE OPTIONS AVAILABLE TO YOU REGARDING THIS ISSUE.
I APPRECIATE VERY MUCH, UH, MR. CHAIRMAN MEMBERS OF THE COMMISSION.
UM, I HAVE A FEW QUESTIONS, DAVID.
SO THERE'S THE ELECTRIC EASEMENT AND THERE'S A TELEPHONE WIRE EASEMENT.
THERE'S GOING TO BE FULL ACCESS FOR BOTH, UM, UH, ENTITIES, THE GAIN ACCESS, RIGHT? YES.
THE SINGLE FAMILY HOME HAS BEEN DESIGNED WHERE IT'S NOT ENCROACHING INTO THOSE RECORDINGS, MEANING THEY FEEL, BE
[00:30:01]
FULLY ACCESSIBLE.IF ANYTHING GOES WRONG, THEY CAN GET INTO THOSE FOUR AREAS.
AND THEN GOING BACK TO THE SPRINKLER AND HYDRANT DEAL, I KNOW THERE WAS AN ADDITION TO A HOUSE RECENTLY ON THAT STREET WITHIN THE LAST THREE, MAYBE FOUR YEARS THAT WE HAD DISCUSSED, WE DID DISCUSS THE FIRE HYDRANT AND THE FLOW AND THE ADDITION THAT WAS ALREADY JUST SO THAT WAS APPROVED.
AND WE FINISHED THAT AND THAT PROJECT IS DONE, RIGHT? YES.
THE PROJECT, THEY RECEIVE A PERMIT VINYL.
AND THAT WAS LESS THAN FOUR YEARS AGO.
I WANT TO SAY MAYBE THREE, IF WE'RE NOT MISTAKEN.
SO THIS IS HOW WE HAVE THIS INFORMATION, RIGHT.
AS OF RIGHT NOW, I'LL COME BACK.
UM, DAVID, I'M LOOKING AT THE PAGE, UH, PAGE FOUR OF YOUR PRESENTATION AND IT INDICATES THE LOT COVERAGE OF THE RESIDENCE BEING 34%.
UM, MY MATH, MY MATH IS TELLING ME SOMETHING DIFFERENT.
SO I JUST, IF YOU COULD TALK ME THROUGH THAT AND MAYBE I'M MISSING SOMETHING, WHAT'S THE SIZE OF THE STRUCTURE? IS IT 25? 55? YES.
AND THE LOT SIZE IS 61 92 61 92.
SO MY MATH IS TELLING ME THAT THE LOT COVERAGE IS ABOUT 41%.
DOES THAT SOUND RIGHT? UH, LET ME VERIFY THAT 42% OR OVER, SORRY, 41.2.
I JUST, I WANTED SOME CLARIFICATION ON THAT.
SO I THINK WE ARRIVED AT MAYBE A MORE ACCURATE NUMBER.
WOULD YOU AGREE WITH THAT? THAT'S CORRECT.
UM, YEAH, I DON'T HAVE ANY FURTHER QUESTIONS AT THIS TIME, JERRY.
UH, I THINK I HAD QUESTIONS AND I THINK THEY WERE ALL ANSWERED BY THE ASTUTE QUESTIONS THAT MY COLLEAGUES, ONE THING KIND OF CURIOSITY, DAVID, THIS FOR HISTORY ON THIS.
UH, I THINK I HEARD THERE IS NO HOA HERE, BUT IT WAS MY UNDERSTANDING THAT THERE WAS AN H WAY, WAY BACK WHEN THAT ACTUALLY OWNED THIS PROPERTY.
AND AT SOME POINT IN TIME, FOR WHATEVER REASON, THE HOA DEFAULTED ON PROPERTY TAXES, IT WENT BACK TO THE COUNTY AND THEN THE PROPERTY WAS SOLD AT AUCTION.
AND, UH, SHORTLY AFTER THAT, THE HOA ITSELF WAS DISBANDED OR THEY DISBANDED THEMSELVES.
AND SO NOW THERE IS NO HOA TO, THERE'S ONLY, I GUESS, A GENERAL AGREEMENT AMONG ALL OF THE FOLKS THERE TO MAINTAIN THE PRIVATE ROAD.
THAT'S OUR UNDERSTANDING GOING THROUGH THE TATA REPORT, THERE WEREN'T ANY RECORDING DOCUMENTS THAT IDENTIFIED IN A HOMEOWNER'S ASSOCIATION.
THAT'S STILL, UH, SANCTIONED WITHIN THE NEIGHBORHOOD, BUT THEY DID ACTUALLY OWN THE PROPERTY FOR A PERIOD OF TIME.
WE WILL NOW OPEN THE PUBLIC HEARING.
IF ANYONE WISHES TO SPEAK IN FAVOR OF THE PROPOSED PROJECT, EXCUSE ME, PLEASE USE THE RAISE YOUR HAND OPTION, OR IF DIALING IN BY PHONE PRESS STAR NINE RIGHT NOW AND WAIT TO BE RECOGNIZED.
UH, LET ME JUST SAY AGAIN, FOLKS THAT REMEMBER IT'S A FIVE MINUTE LIMIT AND A ONE HOUR TOTAL LIMIT ON PUBLIC COMMENTS AND, UM, DO YOUR BEST.
WE WANT TO HEAR FROM YOU, BUT DO YOUR BEST NOT TO BE TOO REPETITIVE.
IF FOLKS HAVE SAID THE SAME THING THAT YOU'RE ABOUT TO SAY EARLIER, VERONICA, DO WE HAVE ANY EXTRA? OH, AND LET ME ADD TOO, FOR EVERYBODY LISTENING IS THAT WE HAVE RECEIVED ALL THE EMAILS SUBMITTED AND EVERY COMMISSIONER HAS READ EVERY EMAIL THAT WAS SUBMITTED TO THE CITY, BUT VERONICA, DO WE HAVE ANY OTHER EMAILS THAT CAME IN VERY RECENTLY TO BE READ INTO THE RECORD? AND IF THE ANSWER IS NO.
DO WE HAVE ANY HANDS UP? NO RECENT EMAILS RECEIVED.
AND WE DO HAVE SOMEONE WHO WISHES TO ADDRESS THE COMMISSION NOW.
UM, LASH LINNIE, I'M SORRY IF I MISPRONOUNCED YOUR LAST NAME, I WILL UNMUTE YOU.
PLEASE MUTE YOURSELF ON YOUR END, PLEASE SLOWLY SPELL OUT YOUR FIRST AND LAST NAME FOR THE RECORD AND YOUR ADDRESS.
AND YOU CAN ALSO TURN ON YOUR VIDEO.
I'M HAPPY TO, MY NAME IS BLUSH MOMENI.
UH, FIRST NAME B L A S H, LAST NAME MOMENI M O M E N Y.
I LIVE IN LAGUNA WOODS IN A SENIOR COMMUNITY AND THE ADDRESS IS FIVE FIVE ONE EIGHT PASEO DEL LAGO EAST.
YOU NEED TO EAT LAGUNA WOODS, CALIFORNIA
[00:35:01]
NINE TWO SIX THREE SEVEN.UH, I'M THE APPLICANT FOR THIS, UH, PROJECT OF COURSE.
AND UH, YEAH, THE SIDE, UH, THE INTENTION AND INTEREST AND, UH, THE EXCITEMENT THAT I'VE HAD FOR DEVELOPING THIS PROPERTY.
OF COURSE, UH, I HAVE DESIGNED A BIT, UH, STRATA BUILDING ALSO THE HOUSE ALSO MYSELF.
UH, I THINK THIS IS A VERY GREAT AREA, WHICH IS, DOES NOT HAVE TO DEAL WITH THE PART SHAPE AND THE SLOPE AND, UH, EXPENSES OF THAT.
UM, LAHABRA HEIGHTS AREA ADJACENT TO US IS FLAT AND IT'S A VERY NICE COMMUNITY AND IT HAS, SINCE I HAVE HAD IT, THE COMMUNITY HAS BEEN THE WELL, I HAS DEVELOPED ITSELF TO A BETTER SHAPE, TO BETTER ESTABLISHMENT OF THE REAL ESTATE VALUE AND MY HOUSE, IF BELTS, UH, I, I, I'M ALSO, UH, UH, I'VE HAD, UH, REAL ESTATE, UH, UM, PROFESSION FOR THE 55 YEARS I CAN ASSUME.
AND I CAN PREDICT FOR SURE THAT IT WILL HAVE MUCH MORE VALUE THAN THE OTHER HOLES.
IT SHOULD MAY MORE LIKE, UH, MR. FERNANDEZ AS HOUSE, BUT PROBABLY MUCH MORE EXPENSIVE AND IT WILL ENHANCE THE AREA.
AND I HAVE NO DOUBTS ABOUT THAT.
AND FOR B, UH, FOR THE ART DESIGN AND ARCHITECTURE OR PARTS OF IT, I CAN SAY THAT AS AN ARCHITECT IS ALWAYS VERY CHALLENGING, REALLY EXCITING TO DESIGN SOMETHING, NEW MOTHER, A NOVEL, BUT ON THIS PARTICULAR SITUATION, UH, I, UH, I HAD TO GO TO IS TRUE, UH, 1950S ARCHITECTURE AND THE DESIGNS AND THE ELEMENTS AND ALL THE CRITERIA OF THAT DECADE.
AND I'VE ALSO HAD THE OPPORTUNITY AND, UH, TAKING PICTURES OF, UH, UH, MR. MRS. BAKER'S HOUSE RIGHT ACROSS FROM ME FOR THE COLOR OF THE ROOF AND, UH, SHAPE.
AND IT READS OF THE, UH, WOOD PANELING AND COLOR AND, UH, ABI AND ALL THE OTHER ASPECTS OF ARCHITECTURE THAT I HAD THE FULL INTENTION TO BE BUILDING SOMETHING THAT WILL BLEND IN TO THIS, UH, UH, GATED COMMUNITY.
UH, THE REST OF IT WOULD BE, UH, I WOULD LEAVE IT TO MY, UH, UH, PLANNING CONSULTANT, MR. UH, MAX MAGGIE THAT, UH, HAS HELPED ME TO SUBMIT AND GO THROUGH THE, UH, STAGES OF VARIOUS, UH, PROCEDURE, UH, UH, AS NORMAL AND I, WHILE HE WOULD BE GIVING YOU, UH, WE'LL BE HONORED TO GIVE YOU A HEDGE REPORT ON HERE.
THEY TAKE THE CALL ISSUES, UH, AS FAR AS THE, UM, UH, UH, SUBMISSION, UH, I THINK, UH, IT'S ALSO, THIS IS FOR ME TO, TO, TO SAY THAT, UH, UH, HE IS VERY, VERY, UH, QUALIFIED AND EXPERIENCED PLANNING CONSULTANT.
AND, UH, HE, WE HAVE HAD A VERY PLEASANT AND, UH, VERY COOPERATIVE RELATIONSHIP WITH THE CITY AS FAR AS, UH, TO COMPLY WITH WHATEVER MAKES, UH, MAKE SURE THAT WE'LL WIN.
AND WE'LL BE, UH, NOT, UH, THE ONLY ENHANCING, UH, THE COMMUNITY AS DISTRICT OR PROJECT.
I REALLY MAY NOT HAVE ANYTHING MORE TO SAY, AND I'LL BE HAPPY, DELIGHTED IF I WOULD ANSWER ANY QUESTIONS OF THE NEIGHBORHOOD, THE NEIGHBORS AND COMMISSIONERS, OF COURSE.
AND I WILL, UH, LET MR. MAX MAGGIE, WHO COME IN AND JOIN.
THANK YOU VERY MUCH POINT OF ORDER FOR EITHER KEITH OR ANDREW.
NOW WE HAVE ANOTHER, ESSENTIALLY A CALLER WHO WISHES TO SPEAK, I PRESUME IN FAVOR OF THIS PROJECT.
SO AM I CORRECT IN SAYING NOW THAT WE CAN SEGUE TO THE NEXT PERSON AND BEGIN A NEW FIVE MINUTE WINDOW, OR DOES HE NEED TO CALL IN HIMSELF? NO, IT'S CLEARLY APPROPRIATE FOR YOU TO HAVE ANOTHER MEMBER OF THE PUBLIC, MAKE A COMMENT NOW, RIGHT? OKAY.
SO THIS IS WHERE WE'LL BEGIN A NEW FIVE MINUTE WINDOW FOR THIS GENTLEMAN.
PLEASE IDENTIFY YOURSELF, SARAH, BY SPELLING YOUR FIRST AND LAST NAME AND YOUR ADDRESS.
ARE YOU SPEAKING TO MAXIM ID, BUT WE'RE, I BELIEVE WE'RE SPEAKING
[00:40:01]
TO YOU, SIR.PLEASE GO AHEAD AND GET AN ADDRESS, PLEASE.
MY NAME IS MAXIM ANI, M A X H M A D.
I, MY ADDRESS IS TWO 2361 BIRCH CREST, MISSION VIEJO, CALIFORNIA, 92, SIX 92.
I'VE BEEN ACTING AS MR.
I HAVE A VERY DEEP FAMILIARITY WITH THE CITY OF LA HABRA FOR MANY YEARS BACK IN DIFFERENT ISSUES OF, UH, CONFLICT, SO TO SPEAK.
HOWEVER, I LIKE TO IMMEDIATELY ON BEHALF OF REPRESENTATION, COMMISSIONER JASON, NATALIE, AND MADE A COMMENT.
AND I BELIEVE MR. DAVID LOPEZ INADVERTENTLY AGREED WITH AN ERROR IN THAT CALCULATION.
UH, WHAT THE COMMISSIONER WAS ASKING WAS WHAT PERCENTAGE THE TOTAL FLOOR AREA OF THIS BUILDING VERSUS THE TOTAL LAND AREA IS THE LOT COVERAGE ONLY CALCULATES THE FIRST FLOOR.
WHAT COVERS THE LAND, NOT THE TOTAL FLOOR AREA.
SO THE ORIGINAL CALCULATION IS CORRECT.
IT IS NOT THE TOTAL NUMBER OF FLOORS PER STORE IS ONLY WHAT COVERS THE GROUND IS CALLED LOT COVERAGE FOR A REASON.
SO PLEASE RELY ON ACCURACY OF THE STAFF REPORT THAT A LITTLE QUICK TEST RESULTED IN AN ERROR IN ANSWER.
UH, I HAVE READ THE OPPOSITION CONCERNS.
I'LL BE MORE THAN HAPPY TO ADDRESS THEM.
UH, BUT, BUT BEFORE WE DO THAT, I LIKE TO HAVE A CATCH ALL A STATEMENT.
SO COMMISSIONERS WOULD BE VERY CLEAR AS TO WHAT'S.
THE PURPOSE OF THIS HEARING IS THIS IS TO ADDRESS THE FINDINGS OF THE CEO OF LAHABRA IS CO-DRIVER VARIOUS REQUIREMENTS, WHICH IS ALSO A MIRROR BY THE STATE LAW, BASICALLY SAYING EVERY LAND OWNER HAS RIGHT TO DEVELOP HIS LAND.
NOW, SOME DEVELOPMENTS ARE ALREADY STANDARDIZED AND IS EASY TO DO, AND SOME OF THEM ARE VERY DIFFICULT TO DO.
AND THOSE WHO THOSE DIFFICULTIES ARE BEYOND THE CONTROL OR CREATION OF THE APPLICANTS, THEY DESERVE A WAIVER OF THE CODE.
AND IF THE PLANNING COMMISSION, ULTIMATELY THE CITY COUNCIL JOB IS TO MAKE THOSE FINDINGS THAT THESE HARDSHIPS EXIST.
THE STAFF REPORT AFTER MANY YEARS, THAT MR MOMENT, YOU AND I HAVE BEEN INVOLVED IN CAVING AND PAVING OVER EACH AND EVERY ONE OF THESE ISSUES.
THEY FINALLY AGREED WITH THAT POINT THAT THESE EXIST.
NOW, ALL THE PUBLIC'S COMMENT WOULD BE PERFECTLY CORRECT IF THEY WERE PROPOSING TO CREATE A WELL, THAT IS SUBSTANDARD.
YOU'RE SIMPLY SAYING 60 SOME YEARS AGO, A DEVELOPER CREATED THE LOTS AND SOLD IT TO PUBLIX.
AND YOU DECIDED TO USE A VERY IRREGULAR TECHNOLOGY OR TECHNIQUE OF SUBDIVIDING LAND.
THAT'S WHY IN A LAND THAT IS 7,200 SQUARE FOOT.
THEY COULD HAVE SIMPLY DIVIDED IT MORE ACCURATELY.
SO THEY ALL WOULD HAVE THE SAME AMOUNT OF BLOTS.
WE ARE 1000 SQUARE FOR SHORT, AND THAT 1000 SQUARE FOR SHORT WAS NOT CREATED BY MR MOMENI OR ANYONE IN THE PAST.
IT WAS CREATED BY THE DEVELOPER 60 SOME YEARS AGO.
AND IT WAS IN THE UNINCORPORATED LOS ANGELES COUNTY.
THE CITY OF ALHAMBRA HAD NO CONTROL OR POWER OVER IT.
SO WHEN THE CITY INCORPORATED IT INTO THE CITY, ACCEPTED IT AS IS, WHERE IS SO WHOEVER OWNS THAT PROPERTY EARNED THE RIGHTS THAT COMES WITH IT.
NOW THOSE RIGHTS MAY NOT BE VERY COMFORTABLE FOR THE NEIGHBORS, BUT THERE ARE STILL LEGAL RIGHTS.
YOU'RE HERE TALKING ABOUT THE LEGAL ISSUES OR WHAT MINISTRY MOMENT WHOSE RIGHTS ARE TO DEVELOP, AS OPPOSED TO THE COMFORT OF THE NEIGHBORS.
NUMBER ONE ISSUE THAT EVERYBODY TALKED ABOUT ONE WAY OR ANOTHER, AND THEY WERE REPETITIOUS ALSO IS THE FIRE ACCIDENTS.
I PERSONALLY MET WITH THE FIRE INSPECTOR FIRE PLAN CHECKER.
THE MR. JOEL GONZALEZ FROM THE UNINCORPORATED LOS ANGELES COUNTY FIRE DEPARTMENT.
WE LOOKED AT EVERY FIRE HYDRANT.
WE RETESTED IT TWO OR THREE TIMES.
WE WALKED THE ENTIRE PROPERTY.
NOT REMEMBER THE GATE IS THE SAME, WHETHER IT BE BUILT OR NOT.
THE TURNAROUND IS THE SAME, WHETHER IT BE BUILT OR NOT.
THE ONLY QUESTION IS IT APPEARS THE PUBLIC WANT TO OWN THIS PROPERTY FOR FREE THE CITY.
THAT IS NOT A VERY SUSTAINABLE LEGAL POSITION TO MAINTAIN.
SO THEY'RE SIMPLY SAYING THIS PROJECT EARNED A HARDSHIP BECAUSE OF ITS SHAPE BECAUSE OF ITS LOCATION AND BECAUSE THE MANNER IN WHICH IT WAS CREATED.
SO TO THAT EXTENT, THAT DEVELOPMENT IS A RIGHT.
AND RIGHT NOW YOU HEAR IT IN A COURT OF FINDERS OF FACTS TO UNDERSTAND WHAT THESE RIGHTS ARE.
THIS DOES NOT A DISCRETIONARY PER SE, WHETHER THE NEIGHBORHOOD LIKES THESE
[00:45:02]
KIND OF DO THEY WANT ANOTHER HOUSE? IT IS NOT A MUSICAL CHAIR.THE LAST PERSON HAS TO STAND UP.
EVERYBODY JUST GETS TO SIT DOWN.
THIS IS A MATTER OF MR. MOMENT.
THERE IS AN ATTORNEY WHO HAS BEEN WORKING WITH THE DEPARTMENT, MR. ALI HUSSEINI, WHO IS ALSO ON THE WAITING LIST.
I BELIEVE ON THE NAME OF TALIA, UH, THAT WOULD LIKE TO ADDRESS ANY LEGAL ISSUES.
MAY THE CITY ATTORNEY AND MR. HALL PLANNING DIRECTOR, AND MR. LOPEZ HAD DILIGENTLY, WENT THROUGH ALL OF OUR CONCERNS OVER AND OVER.
AND THEY REALIZED THIS IS A MATTER OF LEGAL ISSUE.
IT IS NOT AS MUCH OF THE CITY PLANNING ISSUE.
NOW IT'S YOUR MOMENT IS AN ARCHITECT DESIGNED TO BUILD THE SPEAKERS.
IS THERE A MAXIMUM, UH, THANK YOU THAT YOU HAVEN'T SEEDED YOUR TIME.
IF YOU WANT TO SUM EVERYTHING UP IN ABOUT 10 SECONDS, I'LL GIVE YOU THAT.
AND WE'VE GOT A LOT OF OTHER FOLKS.
SO WE HAVE TO, WE HAVE TO MOVE ON EVERY ISSUE THAT THE RAISED BY THE APPLICANT, UH, BY THE OPPOSITION HAS BEEN ADDRESSED.
THE STAFF REPORT LEGALLY DIRECTLY, WHICH IS BUILDING ADMINISTRATIVE RECORD, THAT WE ARE ENTITLED TO THAT APPROVAL.
AND I LIKE TO BE ABLE TO REBUTTAL ANY OBJECTION THAT IT WOULD BE RAISED OUTSIDE OF THIS AS THE APPLICANT, WE SHOULD HAVE MORE TIME THAN, AS IF YOU ARE A MEMBER OF THE PUBLIC.
ALL RIGHT, MR. MADDIE, THANK YOU VERY MUCH, DARREN.
UH, ANYBODY RAISING THEIR HAND, WISHING TO SPEAK IN FAVOR OF THIS PROJECT? LET ME TRY THIS.
LET ME SEE IF YOU CAN HEAR ME NOW.
SOMEBODY LET ME KNOW IF YOU CAN HEAR ME ALL RIGHT.
MAYBE, MAYBE MY VIDEO IS TAKING TOO MUCH BANDWIDTH.
I WAS ASKING IF THERE'S ANYONE ELSE RAISING THEIR HAND IN AN EFFORT TO SPEAK IN FAVOR OF THIS PROJECT.
I DON'T SEE ANYONE ELSE WISHING TO ADDRESS THE COMMISSION TO SPEAK IN FAVOR OF THE PROJECT.
IF ANYONE NOW WISHES TO SPEAK IN OPPOSITION TO THE PROPOSED PROJECT, PLEASE USE THE RAISE YOUR HAND OPTION, OR IF DIALING IN BY PHONE, PRESS STAR NINE NOW AND WAIT TO BE RECOGNIZED.
AND LET ME KNOW WHEN YOU CAN VERONICA, IF ANYBODY'S RAISING THEIR YES, UH, RAY FERNANDEZ, I WILL GO AHEAD AND ON YOU, IAN, THE POLICE ON MUTE YOURSELF ON YOUR END, PLEASE SLOWLY SPELL OUT YOUR FIRST AND LAST NAME AND YOUR ADDRESS FOR THE RECORD.
AND YOU CAN ALSO START YOUR VIDEO.
PLANNING, COMMISSIONERS AND PLANNING STAFF.
MY NAME IS RAY FERNANDEZ, UH, ADDRESS 1400 NORTH HIDDEN LANE, UH, IN LAHABRA ON THE STREET.
UM, I, I GUESS I'M GOING TO START OFF BY SAYING MY BACKGROUND IS CONSTRUCTION AND DEVELOPMENT.
I'VE BEEN ON THE OTHER SIDE OF THIS AND, UH, I'VE SEEN, UH, WHERE THE COMMUNITY COMES OUT AND WANTS TO FIGHT THE PROJECT AND I'VE SEEN IT ALL.
AND SO IT'S NOT IN MY NATURE TO COME ONTO A CALL LIKE THIS AND BE AGAINST A PROJECT.
HOWEVER, UM, I HOPE ALL OF YOU GUYS HAD THE CHANCE TO DRIVE BY AND JUST SEE THE PROPERTY.
UH, AS, UH, AS, UH, HIS, HIS, UH, PARTNER WAS TALKING ABOUT, HE SAID THAT THEY ARE ENTITLED TO THIS PROJECT.
THEY ARE JUST AS ENTITLED AS THE DEVELOPER THAT JUST GOT TURNED DOWN AT WESTRIDGE WAS BECAUSE THEY WERE ASKING FOR SOME VARIANCES AND THOSE GOT TURNED DOWN.
SO, UH, I THINK IT'S A LITTLE TOUGH TO SAY THAT THEY'RE ENTITLED WHEN YOU'RE ASKING FOR SOME PRETTY BIG VARIANCES.
A COUPLE OF NOTES THAT I JUST WANTED TO MAKE WAS THAT WE, SOME OF THE COMMENTS EARLIER WERE ABOUT MY GARAGE, UH, WHEN I HAD MY GARAGE DONE, I THINK ABOUT TWO YEARS AGO, I DON'T KNOW HOW HE'S GETTING AWAY WITH LA COUNTY FIRE.
SO EASY AS HE WAS TALKING ABOUT THAT, I WENT INTO MY CLOSET AND I DUG UP.
IT'S GOING TO BE HARD, BUT I HAD TO DO A FULL-ON SITE PLAN OF OUR STREET HIDDEN LANE.
AND AT THE END OF IT, THIS RIGHT HERE, THIS LITTLE SECTION IS THE PART OF HIS PROPERTY THAT WE ARE SAYING ON THE STREET THAT NEEDS TO BE FOR THE FIRETRUCKS TO TURN AROUND.
I HAD TO GO OUT THERE AND MEASURE THAT AND PROVE THAT THE FIRE TRUCKS HAVE SPACE TO DO A THREE-POINT TURN AND TURN ON THAT PROPERTY.
SO I HAD TO HAVE THIS STAMPED AND APPROVED BY LA COUNTY FIRE.
SO THAT'S ONE THING THAT I JUST THOUGHT WAS SHOCKING THAT EVERYONE JUST KIND OF LOOKING AT IT IS SAYING THAT THAT WHOLE AREA CAN GO AWAY.
HOW WILL YOU CAN GO DOWN THERE AND LOOK AT IT WITH COMMON SENSE? WHERE WILL FIRE TRUCKS TURNED AROUND? WHERE ARE THE TRASH TRUCKS GOING TO TURN AROUND THERE? THERE'S NOWHERE UNLESS THEY'RE TURNING AROUND IN PEOPLE'S DRIVEWAYS.
[00:50:01]
THING I WANT TO SAY IS DARREN HAD ASKED ABOUT HISTORY.UM, THAT LOT WAS A V ORIGINALLY DEVELOPED.
WE HAVE A LADY ON OUR, OUR STREET THAT'S 93 YEARS OLD AND HAS LIVED HERE A VERY LONG TIME.
SHE HAS ALL THE HISTORY THAT LOT WAS ORIGINALLY DEVELOPED BY THE DEVELOPER TO BE A POOL FOR THIS COMMUNITY.
WELL, THE REASON IT NEVER GOT DONE WAS BECAUSE THE CITY OF ALHAMBRA TURNED DOWN THE PROJECT BECAUSE THEY SAID A POOL DOES NOT FIT ON THAT PROPERTY.
AND SO THE RESIDENTS STOPPED PAYING THE TAXES CAUSE THEY SAID, WHAT GOOD IS THIS TO US TO KEEP PAYING, PAYING TAXES ON? AND THEY LET IT GO.
AND THAT'S WHEN IT WAS PURCHASED.
UM, I THINK THE BUYER SHOULD HAVE CHECKED WITH THE CITY STAFF FIRST TO SEE WHAT IS THE MINIMUM LOT SIZE, BECAUSE IT'S NOT LIKE THAT'S BEEN CHANGED SINCE HE BOUGHT IT.
THOSE ARE ALL REQUIREMENTS THAT WERE THERE.
AND IT JUST, UH, THE OTHER THING I WOULD ASK IS I THINK SOMEWHERE IN, IN THE NOTES THAT WERE SENT TO YOU, UH, YOU CAN SEE AN AERIAL VIEW OF THE WHOLE STREET, PICK UP THE HOUSE NEXT TO THE PROJECT AND JUST PUT IT ALL OVER THE LOT SIZE AND QUESTION.
AND IT JUST TAKES UP THE WHOLE LOT SIZE.
THIS DOESN'T FIT WITH OUR COMMUNITY.
AND IT PAINS ME TO EVEN MAKE THESE COMMENTS BECAUSE IT'S NOT IN MY NATURE TO SAY THAT WE SHOULD BE AGAINST A HOME BEING BUILT, BUT TO ASK FOR SUCH A HUGE REDUCTION IN A BACKYARD SETBACK.
AND THE FINAL THING THAT LOT SIZE IS 6,192 SQUARE FEET.
UM, AND THEY ARE ASKING FOR A VARIANCE TO GO DOWN.
IF YOU TAKE THE STREET, THAT'S 110 FEET WIDE BY 10 FEET.
THAT'S 1100 SQUARE FEET THAT PUTS BUILDABLE LOT SIZE TO 5,092 SQUARE FEET.
SO HE'S ASKING FOR ACTUALLY WHEN YOU COMPARE IT TO YOUR TYPICAL LOT IN THE HOMBRE, UH, FOR A 2000 SQUARE FOOT REDUCTION ON BUILDABLE AREA OF THAT LOT SIZE.
SO I THINK THAT'S ALL I CAN JAM INTO MY, MY TIME ALLOTTED.
SO I WANTED TO THANK YOU GUYS FOR HEARING US AND, UM, THANKS FOR EVERYTHING YOU DO.
WE APPRECIATE YOUR INPUT VERY MUCH.
I WANNA APOLOGIZE FOR STAYING ON THE STATIC PICTURE FOR A BIT.
IT SEEMS LIKE I WANT TO GO TO VIDEO MY INTERNET SLOWS DOWN.
SO I'M GOING TO STAY LIKE THIS JUST FOR THE TIME BEING.
IS THERE ANYBODY ELSE RAISING THEIR HAND AND LIKE TO SPEAK IN OPPOSITION? THERE THERE IS ANOTHER COLOR.
UM, THEY SHOW UP ON MY SCREEN AS CALLING USER NUMBER ONE, I WILL GO AHEAD AND ON NEW YOU ON MY END.
PLEASE UNMUTE YOURSELF ON YOUR END, PLEASE SLOWLY SPELL OUT YOUR FIRST AND LAST NAME FOR THE RECORD AND YOUR ADDRESS BEFORE ADDRESSING THE COMMISSION.
HELLO, MY NAME IS RICHARD CARVER, R I C H A R D C A R V E R.
I LIVE AT ONE 41 WEST HIDDEN LANE, UH, IMMEDIATELY TO THE EAST OF THIS, UH, LOT.
UM, I'D LIKE TO SAY THAT, UH, I'VE LIVED HERE SINCE 1963 AND MY MOTHER, MY MOTHER AND I ARE, I'VE BEEN HERE FOR MOST OF OUR LIVES.
UM, THERE ARE SEVERAL ISSUES WITH THIS, UH, PROJECT THAT PUT IT SO FAR OUT OF BOUNDS OF WHAT'S WHAT THIS NEIGHBORHOOD IS, IS LIKE, UH, THE WAY THESE HOUSES ARE BUILT, UH, THE, THE AMBIANCE, THE NATURE OF THE NEIGHBORHOOD, A SMALL VARIANTS IN A, IN A, IN A ZONING LAW, YOU KNOW, I CAN UNDERSTAND, BUT THESE ARE GROSS, MASSIVE, UM, ALTERATIONS TO ZONING LAWS THAT IN MY OPINION, JUST MAKE ZONING LAWS REALLY KIND OF THROWING THEM OUT THE WINDOW.
THERE'S ANOTHER ISSUE I'D LIKE TO BRING UP THE PLANS I'VE SEEN FOR THIS, UH, THIS HOUSE SHOWS THAT THE TURNAROUND, WHAT WE REFER TO AS THE TURNAROUND, IT'S A, UH, AN OLD DRIVEWAY THAT WAS PUT IN ON THE WEST SIDE OF THIS LOT, UH, TO ALLOW FOR EVERYBODY TO TURN AROUND CARS, TRUCKS, FIRE TRUCKS, YOU NAME IT.
THE PLANS I'VE SEEN SHOW THAT, UH, THE INDIVIDUAL IS INCLUDING THIS, UH, SQUARE FOOTAGE IN HIS LOT SIZE.
UM, WE DON'T SEE HOW YOU CAN INCLUDE THIS SQUARE FOOTAGE OF THE TURNAROUND IN HIS LOT SIZE.
HE EVEN SHOWS HIS SEPTIC SYSTEM UNDER THE TURNAROUND AREA.
UM, IF YOU SUBTRACT THE TURNAROUND AREA, WHICH IS IT'S, IT'S NECESSARY, WE HAVE TO HAVE, THAT IS LOT SIZE, I BELIEVE GOES DOWN TO AROUND 4,000, 4,100 SQUARE FEET.
SO THIS LOT JUST KEEPS GETTING SMALLER AND SMALLER.
AND TO HAVE HIM BUILD CLEAR UP TO THE PROPERTY LINE, HIS PLANS SHOW THE PROPERTY LINE BETWEEN MY HOUSE AND HIS LOT, UH, SHOW HIM WITH A FIVE FOOT SETBACK AND A CONCRETE SIDEWALK CLEAR
[00:55:01]
UP TO THE PROPERTY LINE.LIKE I DON'T SEE HOW YOU CAN DO THIS.
HE HAS NO ROOM TO PLAN ANY KIND OF BUSHES THERE.
HE'S GOT A WINDOW LOOKING STRAIGHT OVER, OVER MY YARD AND AREA, UH, THIS A PA A TREMENDOUS, UM, THE SERVICE TO OUR LANE TO ALLOW THIS TO BE PUT IN.
AND, UH, I'M JUST, WE'RE ALL VERY UPSET.
I'M I CAN HEAR IT, PUT WORDS TOGETHER.
UM, THERE ARE SEVERAL ISSUES ON THE PLANS, THE SEPTIC SYSTEM, UH, THE BANK THAT IS TO THE NORTH OF THIS LOT HAS A HISTORY OF SLIDING.
UM, THERE STILL EVIDENCE OF THE LAST SLIDE IN MY YARD, IF ANYBODY WOULD LIKE TO COME AND LOOK AT IT, IT'S, UH, THE TYPE OF SOIL THAT'S PRONE TO LIQUEFACTION.
IT TAKES A CERTAIN AMOUNT OF WATER.
UH, THE, THE, THE, UH, THE APPLICANT HAS SHOWN NOTHING ABOUT, UH, RETAINING THIS BANK BECAUSE THAT'S GOING TO TAKE EVEN MORE PROPERTY, UH, ON THE, ON THE NORTH SIDE OF HIS LOT.
UM, SO IF YOU REALLY LOOK AT THE, UH, DETAILS OF THIS PLAN, IT JUST DOESN'T WORK.
AND WELL, I PASS ON THE REST OF MY TIME TO ANYBODY ELSE WHO'D LIKE TO SPEAK.
THANK YOU, MR. CARVER, VERY MUCH.
WE APPRECIATE YOU BEING WITH US TONIGHT.
IS THERE SOMEONE ELSE WITH THEIR HAND UP TO SPEAK IN OPPOSITION? YES, I WILL.
NOW UNMUTE TOM, LAST NAME, M I N N I C H.
PLEASE SLOWLY, SPELL OUT YOUR FIRST AND LAST NAME AND YOUR ADDRESS FOR THE RECORD BEFORE ADDRESSING THE COMMISSION.
SO MY FIRST POINT IS THE AUDIO KEEPS CUTTING OUT AT CRITICAL TIMES.
SO I'M NOT HEARING EVERYTHING THAT THE PRESENTERS WERE REPORTING ON.
SO I'M KIND OF LIKE AT A LITTLE DISADVANTAGE HERE, BUT THE FIRST THING I REALLY NEEDED TO SAY IS EVERYONE THAT HAS A VOTE ON THIS THING NEEDS TO VIEW THE PROPERTY.
UM, THERE WAS THE OLD SAYING THAT SAYS, IF A DEAL LOOKS TOO GOOD TO BE TRUE, IT PROBABLY IS.
UH, THE DEVELOPER PAID $3,000 FOR THE LOT THINKING HE WAS GOING TO HAVE A WINDFALL PROFFER THOUGH.
I MEAN, THERE'S NO WAY HE'S GONNA MAKE A BIG, ANY PROFIT ON THIS THING WHERE HE'S GOT BUILT.
AND AS OF THREE 21, UH, I'M SORRY, MARCH 21ST, 21 PROBABLY, UH, RECORDS INDICATED HE'S THREE YEARS DELINQUENT ON A PROPERTY TAX.
UH, I DON'T UNDERSTAND WHAT THAT IS.
UM, HE'S BEEN A POOR NEIGHBOR FOR YEARS.
HE FAILS TO MAINTAIN THE PROPERTY.
UM, THE CITIES HAD BEEN INVOLVED WITH THE ABATEMENT PROCESS, UH, ACCORDING TO THE PUBLIC RECORDS, THE PLOTS, UH, HEAVILY MORTGAGED.
UM, DICK TALKED ABOUT THE ELEVATION BEHIND THE HOUSE.
UH, THE ELEVATIONS ARE MISERABLE, MISREPRESENT THE SIZE OF THE PROPERTY.
THE ONE, UH, TREE THEY HAVE IS IN THE MIDDLE OF THE STREET OR IN THE NEIGHBOR'S DRIVEWAY.
SO THERE'S SOME DECEPTION THERE ON THOSE ELEVATIONS WITH THE LANDSCAPE.
AND AS FAR AS THIS GOES, YOU GUYS ARE GOING TO BE FIGHTING THIS GUY FOREVER BECAUSE HE'S GOT SO MANY MOWER VARIANCES HE'S GOT TO DO.
AND I MEAN, COMMON SENSE HAS GOT TO PREVAIL HERE.
THIS PROPERTY WAS NEVER DESIGNED TO SUPPORT A RESIDENCE, AND IT'S JUST TOO SMALL.
AND I JUST RECOMMEND THAT YOU GUYS TURN THIS DEVELOPMENT DOWN.
UM, YOU TALK, RAY TALKED ABOUT THE EASEMENT THAT EASEMENT NEEDS TO STAY.
IF YOU LOOK AT ALL THE ATTACHMENTS, YOU CAN SEE WHERE THE FIRE DEPARTMENT HAS TO BACK UP INTO THAT EASEMENT.
AND LIKE DICK SAYS THAT IT TAKES ANOTHER THOUSAND SQUARE FEET OFF THIS PROPERTY.
SO NOW WHERE ARE YOU GOING TO DO WITH THE 4,000 SQUARE FOOT PIECE OF PROPERTY? UM, THANK YOU FOR YOUR TIME.
WE VERY MUCH APPRECIATE YOUR INPUT.
HAVE A GOOD, NICER, UH, DO WE HAVE ANYBODY ELSE RAISING THEIR HAND RONICA? YES, WE DO.
UH, IT SHOWS UP ON MY SCREEN AS PER ASCA.
I WILL GO AHEAD AND UNMUTE YOU.
PLEASE SEND, MUTE YOURSELF ON YOUR END, PLEASE.
SLOWLY SPELL OUT YOUR FIRST AND LAST NAME AND YOUR ADDRESS FOR THE RECORD BEFORE ADDRESSING THE COMMISSION.
THIS IS MIKE PRESCOTT AT 1330 NORTH HIDDEN LANE.
[01:00:01]
UH, I'M UH, DIRECTLY WEST OF THE PROPERTY AND, UH, ONE TO BRING UP FIRST THING, UH, UH, MR. BLAS PARTNER THERE, THE, UH, YOU MENTIONED THAT, UH, ALL THE NEIGHBORS JUST WANT THIS PROPERTY FOR FREE.THE PROBLEM IS, IS HE'S THE ONE THAT GOT IT FOR FREE BECAUSE IT AIN'T WORTH NOTHING.
IT'S BEEN HANDED DOWN TIME AFTER TIME.
UM, SO FOR HIM TO SAY THAT'S KIND OF DISRESPECTFUL TO US.
UH, ANOTHER THING HE SAID WAS, UH, THE CITY ANNEX THAT PROPERTY, WHERE IS AS IS AS DID HE, WHEN HE GOT THAT PROPERTY FOR FREE, IT HAD OUR ATTORNEYS BOAT ON IT, PUT, PUT THEIR ASSOCIATION TO TURN AROUND, TO TAKE THAT AWAY FROM US AND PUT MY FAMILY IN DANGER.
UH, RAY'S GOT KIDS, THERE'S OTHER KIDS ACROSS THE STREET.
MY KIDS PLAYED, THEY GET HURT.
WE CAN'T GET A PARAMEDIC FIRETRUCK DOWN THE STREET FOR YOU GUYS TO DO THAT TO US IS PRETTY WRONG.
HE DOESN'T HE'S DELINQUENT BE RESPECTFUL AND DO THE RIGHT THING.
UH, HAVE A GOOD NIGHT, UH, NEXT CALLER, WISHING TO SPEAK IN OPPOSITION, PLEASE.
UH, CHAIR, WE DID RECEIVE AN EMAIL AND LET ME OPEN IT.
THE EMAIL COMES FROM JOSEPH LAST NAME, P E L L K O F E R.
ADDRESS TWO SIX ZERO LINDA AVENUE HERE IN LA HOMBRE.
UH, AND IT SAYS RESIDENT RESPONSE CONCERNS TO ZONE VARIANCE, EXCEPTION OPPOSITION, AND HE, IT SAYS FLOSS IS QUIET ENJOYMENT, HOUSING DENSITY IN A LONGTERM ALREADY DENSE DEVELOPED AN ESTABLISHED NEIGHBORHOOD NEGATIVE EFFECT ON EXISTING AND FUTURE WILDLIFE LOSS OF PRIVACY CONCERNING TWO-STORY STORY STRUCTURE AND REMOVAL OF TREES, VEGETATION SCREEN AROUND PROPERTY PERIMETER, OBTRUSIVE STRUCTURE WITH AESTHETICS NEGATIVELY AFFECTING LONG-TERM SINCE 1959 VIEWS FROM TWO 60 OLINDA AVENUE, OTHER CONCERNS, SECTION EIGHT, ZONING AND ELEMENTS OF RESIDENTS, MULTI OCCUPANTS ALLOWANCES, RENTAL, LEASING, ALLOWANCES STREET, PARKING ALLOWANCES, OTHER TOPICS, HISTORY OF EXCEPTIONS TO SETBACK REQUIREMENTS AND REASONS FOR APPROVALS AND DECLINES APPLICANT TERMS AND CONDITIONS FOR APPROVAL OF PLANS, PROPERTY DEVELOPMENT, AND BUILDING CONSTRUCTION.
I E REPLACEMENT OF VEGETATION, TREES, FIRE HYDRANTS, ET CETERA, OPPOSITION, RESIDENT REQUESTS, CONDITION OF PLANNING, COMMISSION, AND CITY COUNCIL APPROVAL REPLACE ANY EXISTING VEGETATION TREES TO BE REMOVED DURING PROJECT ALONG THE NORTH PROPER NORTHERN PROPERTY LINE, SIX FEET VARIANCE AREA WITH LIKE OR SUITABLE TREES, VEGETATION, CONTINUING ALONG THE PROPERTY LINE TO THE VERY NORTHWEST CORNER OF THE PARCEL, THEREBY SCREENING THE EX POSING PLAN STRUCTURE AND PROPOSES CITY AND SEPTIC TANK AREAS TO THE VIEW OF TWO 60 OLINDA AVENUE, BRINGING BACK THE PRIVACY AND THE AESTHETICS TO ITS CURRENT OR ORIGINAL STATE NOTE, THE AGITATION TREES TO BE HEIGHTENED, NOT LESS THAN THE ROOF LINE OF THE PROPOSED APPROVED STRUCTURE, ANY, I THINK HE MEANT AREA INSIDE PROPER PERIMETER WALLS OR FENCING TO BE A AESTHETIC FRIENDLY, SOLID BLOCK, MASONRY OF LESS THAN SIX FEET HIGH, NOT CHAIN LINK FENCING, EXTENDING TO THE VERY NORTHWEST CORNER OF THE PARCEL.
ALSO FEATURING AN ACCESS GATE OPENING TO SOUTHERN CALIFORNIA EDISON POOL TRANSFORMER.
AND FINALLY IT SAYS, NOTE REFERENCE TO STATE OF CALIFORNIA GOVERNMENT CODE SECTION SIX FIVE ZERO ZERO NINE POINT B 0.2.
AND THAT'S THE END OF THE EMAIL.
LET THAT, SO BE ENTERED INTO THE RECORD.
LET ME KNOW IF YOU CAN, IF I START FREEZING UP, UH, NEXT SPEAKER, WISHING TO SPEAK IN OPPOSITION, UM, IT'S SHOWING UP AS CALLER USER ONE.
I DON'T KNOW IF IT'S THE SAME GENTLEMEN WE ALREADY HEARD FROM.
[01:05:01]
HMM.WHAT WAS THE NAME AGAIN? I'M NOT SURE IF IT'S, UM, WAS IT RICHARD CARVER WHO WAS SHOWING UP AS CALL IN USER NUMBER ONE FROM MR. CARTER? THAT'S FOR SURE.
I DON'T KNOW IF IT'S HIM AGAIN.
I'VE UN-MUTED YOU ON MY END, PLEASE UNMUTE YOURSELF ON YOUR END AND PLEASE SLOWLY SPELL OUT YOUR FIRST AND LAST NAME AND YOUR ADDRESS FOR THE RECORD BEFORE ADDRESSING THE COMMISSION.
UH, LET'S LET'S MOVE ON TO THE NEXT, IF THERE IS ONE, UH, NO, THAT'S THE ONLY RACE PANDA AT THIS TIME.
NO OTHER RAISE HANDS WISHING TO SPEAK IN OPPOSITION.
LET'S NOW CLOSE THE PUBLIC HEARING AND I'LL CALL ON THE PLANET COMMISSIONERS TO DISCUSS THE PROJECT AND OR OFFER COMMENTS THAT START WITH COMMISSIONER MUNOZ PLEASE.
MR. CHAIR, IF I MAY MAKE A POINT OF ORDER.
UH, TYPICALLY IT'S CUSTOMARY TO ALLOW THE APPLICANT TO HAVE A FEW MINUTES TO RESPOND TO ANY OF THE COMMENTS, MADE AN OPPOSITION.
THAT WOULD BE A GOOD TIME TO DO THAT.
UH, IF YOU THINK THAT'S APPROPRIATE, THEN WE'LL DO SO, BUT LET'S BEAR IN MIND.
LET'S KEEP THAT REBUTTAL TO A FIVE MINUTE REBUTTAL PLEASE.
AND IS IT MR. MOMENI OR IS IT MR.
I WENT AHEAD AND ON MUTED AND MR. MOMENI, YOU CAN UNMUTE YOURSELF ON YOUR END.
I'M NOT SEEING A VISUAL AND I'M SEEING, THERE WE GO.
UH, THANK YOU, UH, TO COMMISSIONER COLLINS FOR RECOGNIZING OUR RIGHT TO REBUTTAL.
I WAS LOOKING FORWARD TO THAT.
I HEARD A LOT OF COMMENTS AND I DO NOT ENVY FOR A NEIGHBOR WHO MAY NOT LIKE SOMEBODY ELSE BUILDING.
UH, IT WOULD BE EXTREMELY INAPPROPRIATE FOR THE COMMISSION TO TAKE INTO CONSIDERATION WHO PAID TAXES, WHO DOESN'T PAY TAXES.
THIS IS NOT A COMPETITION FOR POPULARITY.
WE ARE SIMPLY ASKING YOU TO READ THE STATE LAW.
I HOPE THE CITY ATTORNEY WAS ONLINE.
HOPEFULLY WITH JEHOVAH WOULD BE INVOLVED IN HERE TO, YOU KNOW, ADVISE SOME PROPER ADVICE.
IN THE SENSE THE PLANNING COMMISSION HAS TO MAKE A FINDING WHETHER THERE IS HARDSHIP OR NOT.
IF YOU FIND THERE IS NO HARDSHIP, THEN YOU CAN DENY IT.
IF YOU, YOU HAVE TO FIND THERE IS A HARDSHIP, THEN YOU HAVE TO APPROVE IT.
I'M JUST MAKING IT VERY SIMPLE.
SO THE PUBLIC WOULDN'T HAVE TO REALLY, YOU KNOW, TRY TO MAKE IT INTO A POPULARITY CONTEST.
UH, THE FACT THAT YOU RELY ON SOMEBODY ELSE'S PROPERTY TO GET IN AND TO GET OUT AND YOU'RE COMFORTABLE BY NOTHING BEING THERE THAT IS NOT AN ILLEGAL REASON.
YOU KNOW, IT WOULD BE SOMETHING THAT MAYBE I WOULD SAY IF I DIDN'T LIKE SOMEBODY BUILDING NEXT TO ME, BUT EVERYTHING I HEARD FROM THE NEIGHBORS, WHETHER HE MADE HIS TAX PAYMENT ON TIME IS IRRELEVANT.
WHETHER THIS, I MEAN, RIGHT NOW, A BRAND NEW HOUSE, THE ONLY HOUSE WITH FIRE SPRINKLER IS GOING TO COME IN HERE.
IT WILL NOT TAKE ANYTHING AWAY FROM THIS DEVELOPMENT.
THIS DEVELOPMENT HAS SO MANY EXISTING HOMES, ONE EMPTY LOT.
THAT LOT WILL BE BUILT EITHER BY APPROVAL OR BY THE COURT ORDER.
I HATE TO BE SO BLUNT ABOUT IT.
AND I APPRECIATE THE STAFF DID THEIR BEST TO FIND A WAY TO RECOMMEND THE OTHER WAY.
AND THEY COULDN'T FIND IT BECAUSE THEY CONSULTED WITH THE ATTORNEY.
AND THEY KNOW THIS IS A VERY SIMPLE QUESTION IN FRONT OF THE PLANNING COMMISSION LATER IN FRONT OF THE CITY COUNCIL, I KNOW HE WILL BECOME POLITICAL ONE WAY OR ANOTHER, BUT IT'S VERY SIMPLE.
MUNICIPAL CODE SAYS IF THIS LAW IS IN EXISTENCE, WHICH JUST WAS WHETHER HE WAS BOUGHT IN THE TAX SALE, WHETHER IT WAS BOUGHT THROUGH, YOU KNOW, INHERITANCE FOR WHATEVER THAT'S IRRELEVANT TO THE POINT.
IF WE WERE PROPOSING TO CREATE A NEW LOT, THAT'S LESS THAN 7,200 EACH.
AND EVERY OF THE COMMENT WOULD I WILL ACTUALLY APPLY TO, BUT IT'S NOT THE CASE.
IT'S THE OTHER WAY WE WOULD SAYING, WHAT CAN YOU DO WITH A LOT THAT HAS THE HARDSHIP.
SO I'M ASKING YOU TO REPRESENT THE INTERESTS OF PEOPLE, OF LAHABRA AND NOT JUST THIS NEIGHBORHOOD AND FIND THE CODE AND THAT IT BASICALLY THE STAFF FOUND THE CITY OF LA HABRA REQUIRES THAT FINDING STATE OF CALIFORNIA REQUIRED THAT FINDING, I DID NOT MEAN ANY DISRESPECT BY SAYING THAT WE ARE ENTITLED TO IT.
WE ARE ENTITLED TO A FAIR HEARING AND A FAIR HEARING IS MAKING PROPER FINDINGS.
[01:10:01]
FINDINGS IS WHETHER THE HARDSHIP EXISTS.WHAT DID A LOT IS SMALLER BECAUSE HE CREATED IT OR IT WAS CREATED PRIOR TO THIS, WHETHER THE DISTANCE CAN BE NEGOTIATED OR IT CANNOT BE NEGOTIATED.
THE FACT IS THAT THESE HARDSHIPS EXIST.
I'M SURE PLENTY STAFF, EVEN DIDN'T LIKE TO MAKE THE FINDING, BUT THEY WERE FORCED TO MAKE THE FIND YET BECAUSE THAT'S THE LAW.
SO I WOULD LOVE TO OFFER ANYTHING THAT WILL MAKE THE COMMISSION HAPPY IN TERMS OF ARTICLES SESSION.
FOR EXAMPLE, THERE IS NOTHING WRONG ABOUT BUILDING TWO STORY.
THERE IS NO MUNICIPAL PROHIBITION.
SO WE EXERCISING WHAT THE LAW ALLOWS.
IF YOU MAKE IT ONE STORY, IT WILL EAT MORE AT A LOT.
IT WILL BECOME 41%, LOT COVERAGE INSTEAD OF 33, A PERSONAL LOT COVERAGE.
SO THIS IS AN ANSWER, A 20, 21 TO A DEVELOPMENT OF 1960S, UH, DEVELOPMENT OF 1950, 45.
IT WAS IN THE COUNTY OF ORANGE.
THE CWA BARBARA ANNEX DID YES FOR THE LONGEST TIME.
IT WAS NOT VERY PLEASANT OR NOBODY WANTED TO BUILD IT OR NOBODY COULD BUILD IT, BUT THIS A HEIGHT OF THE RESIDENTIAL SHORTAGE.
AND INSTEAD OF CALIFORNIA HAS THIS SPECIFIC LAW THAT ENCOURAGES THE MUNICIPALITIES TO ALLOW ADDITIONAL HOUSING, NOT TO CREATE ROADBLOCKS FOR IT.
THERE IS NO DANGER TO ANYBODY'S FAMILY.
IF ANOTHER CAR DRIVES INTO THIS, THE STREET, IT WILL ADD THE VALUE.
THE LATEST HOUSE IS GOING TO HAVE BRAND NEW VALUATION INCREASES THE VALUE PROPERTY VALUES OF EVERYBODY ELSE.
AND TO BE HONEST WITH YOU, STAFF REPORTS TOOK TWO YEARS TO GET TO THIS CONCLUSION.
THEY DIDN'T WANT TO GET TO THIS CONCLUSION, BUT THEY'D GOT TO THIS CONCLUSION BECAUSE THERE IS NO OTHER WAY TO LOOK AT THIS PROJECT OTHER THAN HARDSHIP EXISTS UNDER LAND AND WHO OWNS IT, HOW HE BOUGHT IT IS IRRELEVANT.
I WOULD REALLY APPRECIATE YOUR FAIR CONSIDERATION OF THE LAW AND THE LEGAL OBLIGATIONS.
UH, LET'S GET BACK TO A COMMISSIONER COMMENTS AND DISCUSSION.
UH, AS I SAID, LET'S BEGIN WITH COMMISSIONER AMMONIAS, PLEASE IN THE CITY.
UM, AND THIS IS FOR CITY STAFF.
DO WE HAVE A SIDE STREET SETBACK, YOU KNOW, FOR LIKE CORNER LOTS WHERE, UM, THE STREET WOULD, YOU KNOW, WHAT HAVE THE SITES THAT BACK WOULD BE INCREASED SETBACK BECAUSE IT'S A JOINING TO A STREET, UH, MR. MANLEY, THIS IS ROY, THE PLANNING MANAGER, THE NORMAL SETBACKS THAT WE WOULD APPLY ON PUBLIC STREETS DO NOT APPLY ON PRIVATE STREETS.
THESE AREN'T EVEN STREETS THEY'RE EASEMENTS.
SO IN THE CASE OF SETBACKS THERE THEY'RE MEASURED.
THE FRONT SETBACK FOR EXAMPLE, IS MEASURED FROM THE CENTER OF THE EASEMENT BECAUSE THAT'S WHERE THE PROPERTY LINES THAT IF THIS WAS A PUBLIC STREET, THE SET BACK WOULD'VE BEEN MEASURED FROM THE EDGE OF THE PAVE STREET.
SO IT'S A LITTLE BIT DIFFERENT CIRCUMSTANCE, BUT JUST OUT OF CURIOSITY, WHAT WOULD BE A SIDE STREET SETBACK, UH, 10 FEET, 10 FEET.
SO IT WOULDN'T APPLY ON THIS LINE.
NO, I JUST, I'M JUST LOOKING AT IT IN THE SENSE THAT THE REAR SIDE, I MEAN, THE REAR AREA IS PRETTY MUCH TO THE WEST AND YOU HAVE, UH, UH, UH, SIDE SETBACKS TO THE NORTH AND THEN THE, YOU KNOW, LOOK, I MEAN, WHEN YOU KIND OF SHIFTED.
UH, COMMISSIONER PAUL, PLEASE.
THANK YOU, MR. CHAIR, UH, MEMBERS OF THE, UH, THE COMMISSION AND THOSE THAT ARE PRESENT, UH, JUST A COUPLE OF QUESTIONS, ROY, PERHAPS YOU CAN, YOU CAN INTERCEDE IN THIS.
THE APPLICANT'S REPRESENTATIVE HAS UTILIZED THE TERM HARDSHIP REPEATEDLY AND IN READING THE RECOMMENDATIONS AND THE CODE INFORMATION, UH, IT WOULD APPEAR TO ME JUST HAVING VIEWED THE PROPERTY, READ THE REPORT, BEN AT THE LOCATION.
UH, IS IT, IS IT THE RECOMMENDATION OF STAFF AFTER THIS TWO YEAR PERIOD OF TIME THAT, UH, THAT OBVIOUSLY THEY'RE RECOMMENDING APPROVAL? UH, THAT IN FACT, THE TURN THAT THE APPLICANT'S REPRESENTATIVE IS USING IS THAT A HARDSHIP DOES EXIST.
IS THAT, IS THAT, IS THAT THE TERM? I HAVEN'T HEARD THAT TERM BEFORE IN MY EIGHT YEARS.
SO I'M, YOU KNOW, I'M CURIOUS ABOUT THAT.
ROY, COULD YOU HELP ME TO UNDERSTAND THAT? SO IN, IN ODD, I'LL TRY TO DO THIS BRIEFLY.
AND THEN IF WE NEED ADDITIONAL INFORMATION, THE CITY ATTORNEY CAN MAYBE FILL IN THE BLANKS, BUT UNDER STATE LAW AND A ZONE
[01:15:01]
VARIANCE, YOU HAVE TO MAKE FINDINGS.AND THIS IS THE ONLY PLANNING ACTION YOU CONSIDER AS A COMMISSION THAT ACTUALLY HAS FINDINGS THAT ARE CODIFIED IN STATE CODE EXAMPLE, FINDINGS FOR A CONDITIONAL USE PERMIT OR A PLAN USE DEVELOPMENT.
THOSE ARE LOCAL, AND WE DETERMINE WHAT THOSE ARE, BUT A VARIANCE IS A MUCH HIGHER STANDARD.
AND THESE FINDINGS AGAIN ARE SET IN STATE LAW.
SO THE POINT HE MAKES, UM, WITH REGARDS TO, IS THERE A HARDSHIP THAT THERE IS SOMETHING UNUSUAL ABOUT THIS LOT, OF COURSE, ANY ANYTHING'S OVERDUE INTERPRETATION, BUT IT WOULD APPEAR THAT THIS PARTICULAR LOT IS UNUSUAL COMPARED TO OTHER LOTS IN, IN THIS DEVELOPMENT, IN TERMS OF ITS SIZE, IN TERMS OF ITS LOCATION WITHIN THE NEIGHBORHOOD, UM, DUE TO THE SHAPE OF THE LOT, THERE, THERE ARE GROUNDS TO MAKE A FINDING THAT THE LOT ITSELF HAS UNUSUAL CIRCUMSTANCE.
NOW, YOU KNOW, YOU HAVE TO COUPLE THOSE WITH THE OTHER FINDINGS, YOU KNOW, YOU CAN'T JUST LOOK INTO THAT UNUSUAL CIRCUMSTANCE.
AND ANOTHER FINDING IS, WOULD DENIAL OF THOSE VARIANTS DEPRIVED THE PROPERTY OWNER OF THE USE OF THEIR LAND OR OF A RIGHT GUARANTEED BY OTHER PEOPLE OF SIMILAR LOTS THROUGHOUT THE CITY.
AGAIN, THERE, YOU KNOW, YOU CAN DEBATE THAT, BUT THAT THE POINT HE'S MAKING IN HIS COMMENTS WAS THAT HE BELIEVES THAT THE, HE HAS THE RIGHT AS A PROPERTY OWNER TO DEVELOP HIS PROPERTY.
UM, AND THAT, AND THAT'S WHAT THAT FIGHT FINDING IS BASED ON YOU HAVE, YOU HAVE A SECOND ISSUE HERE.
YOU HAVE, UH, YOU HAVE A DIFFERENT ZONE VARIANCE FOR A REAR YARD SETBACK, AND AGAIN, THE SAME FINDINGS APPLY, BUT IN A DIFFERENT MANNER, YOU KNOW, THIS, THIS, THIS MATTER ISN'T DEPRIVING HIM OF THE USE OF THE PROPERTY NECESSARILY IT'S IS THE HOUSE THE WAY HE DESIGNED IT NEEDS THIS VARIANCE.
THE QUESTION TO THE COMMISSION, IS THERE ANOTHER WAY TO DESIGN A HOUSE ON THIS PROPERTY THAT MEETS THE REQUIREMENTS IN THE SETBACKS? AND THAT MAY BE THE CASE IF IT WAS A SMALLER HOUSE, PER EXAMPLE.
SO IN THAT CASE, THE APPLICANT HAS MADE THE DECISION TO PRESENT THIS HOUSE TO YOU.
IS, IS THERE ANOTHER OPTION OF A SMALLER HOUSE THAT MIGHT MEET THAT STANDARD, UH, WITHOUT THE REAR SETBACK REQUIREMENT? SO, SO IT'S KIND OF TWO DIFFERENT ISSUES.
SO WHY ONE VARIANCE, UM, IS VERY SOLIDLY.
IT LOOKS LIKE THAT THERE IS THE HARDSHIP, THE SECOND ONE'S MAYBE A BIT MORE FLEXIBLE OF WHETHER THERE'S REALLY, TRULY THE HARDSHIP OR NOT.
UM, WHEN I, WHEN I WAS OUT THERE, WHEN I WAS LOOKING AT THE PROPERTY, THE, THE COMMENT FROM ONE OF THE, UH, THOSE IN OPPOSITION SPOKE ABOUT LIQUEFACTION AND SPECIFIC, HE SPOKE ABOUT THE HILL AND, UM, I DIDN'T SEE ANY EVIDENCE THAT THE HILL HAD SLEPT ANY PLACE.
I WENT BACK AND WALKED AND I LOOKED AT THE HILL, LOOKED AT THE PROPERTY ON, ON THE WEST SIDE AND ON THE EAST SIDE, AND THEN LOOKED AT THE HILL, GOING UP ON THE NORTH SIDE.
DO, DO WE HAVE ANY HISTORY, THE SAFETY ISSUE? I THINK IT WAS RAISED THAT THERE'S BEEN AN EXPERIENCE OF A SLIDE OR SOMETHING COMING TO, I DIDN'T SEE ANY EVIDENCE OF THAT.
THERE'S THE TREES ARE ALL LEVELED AND CUT BACK.
THERE'S STILL TREES ON THE, ON THE NORTH SIDE, BUT I COULDN'T SEE ANY EVIDENCE OF THAT.
DID I, I'M NOT AWARE OF ANY SPECIFIC ISSUE WITH THE SLOPE.
UM, BUT AS PART OF THE BUILDING PERMIT PROCESS, WHEN PLANS GO THROUGH PLAN CHECK IS GOING TO HAVE TO DO SOIL TESTS OF THE SITE AND DETERMINED THAT THE SLOPE IS UNSTABLE THROUGH THE SOIL TEST.
THEN HE'S GOING TO HAVE TO COMPLY WITH WHATEVER CODE STANDARDS HE REQUIRES TO STABILIZE THAT STOPE AND MAINTAIN IT WITH A RETAINING WALL OR, OR WHATEVER'S APPROPRIATE.
SO VISUAL EVIDENCE LOOKING AT IT, THAT'S ONE OF THOSE THINGS YOU CAN'T REALLY TELL THAT'S WHY YOU NEED TO DO AN ANALYSIS OF THE SOIL AND THE SLOPE ON, BY A PROFESSIONAL, UM, IN THAT FIELD.
AND THEN THEY WOULD MAKE THAT DETERMINATION.
I HAVE TWO FINAL QUESTIONS AND JUST VERY BRIEFLY, THIS PART, MR. FERNANDEZ BROUGHT UP AN ISSUE WITH RESPECT TO A PLAN CHECK THAT HE HAD WITH, UH, UH, THE FIRE DEPARTMENT.
AND, UH, HIS POINT WAS THAT, UH, THIS TURNAROUND ISSUE.
AND AGAIN, I LOOKED AT IT, I, I SEE THAT LITTLE CONCRETE DRIVEWAY THAT IS THERE NOW THAT APPARENTLY IS USED FOR BACKING.
UM, SO THAT, THAT WILL GO AWAY AND THE, AND THE GARAGES ARE FURTHER
[01:20:01]
EAST ON, ON THE PROPERTY LINE.UM, AS PART OF THE PROCESS, SHOULD WE APPROVE THIS TONIGHT? IT'S STILL, WE'LL HAVE TO GET FINAL APPROVAL FROM LA COUNTY FIRE WITH RESPECT TO, UH, A, A THOUGHT.
I KNOW, I KNOW THAT DAVID SPOKE ABOUT THE FACT THAT AN INSPECTOR LOOKED AT IT AND WE HAVE A CORRESPONDING OR A DIFFERENT PERSPECTIVE OF, OF THE APPLICANT'S REPRESENTATIVE SAYING THEY'VE WALKED IT WITH A FIRE INSPECTOR, BUT IS THERE STILL AN ULTIMATE, UH, APPROVAL FROM LA COUNTY FIRE? UH, SHOULD WE APPROVE IT? AND IT BEGINS THEN THE PROCESS OR THE CITY COUNCIL APPROVES, IS THERE, IS THERE STILL A CYCLE WITH, UM, WITH, UM, UH, LA COUNTY FIRE THAT'LL HAVE TO BE MET AS MR. FERNANDEZ BROUGHT UP IN HIS, UH, HIS, HIS INFORMATION? YES.
AS PART OF THE PLAN CHECK PROCESS THAT THE, YOU KNOW, THE FIRE DEPARTMENT APPROVAL IS ONLY TENTATIVE AT THIS POINT, THEY, THEY STILL HAVE TO DO THE COMPLY WITH THE CONDITIONS THE FIRE DEPARTMENT HAS ASKED FOR IN TERMS OF THE FIRE FLOW AND PLACING THE HYDRANT AND THOSE ITEMS IN THIS PARTICULAR CASE, THE FIRE DEPARTMENT DID NOT ASK FOR A TURNAROUND.
UM, SO THAT'S AN INTERNAL DISCREPANCY BETWEEN THE FIRE DEPARTMENT WITH WHAT MR. FERNANDEZ HAS AND WHAT THEY'RE TELLING THIS APPLICANT.
UM, THAT WOULD BE SOMETHING THAT, UM, WOULD GET RESOLVED BY, BY THE FIRE DEPARTMENT, UM, AS, AS IT GOES THROUGH THE PROCESS.
LAST QUESTION, WITH RESPECT TO THE SEPTIC TANK, UH, I LOOKED AT THE GROUND SITE, SO IT LOOKED AT THE, UH, THE PLAN, UH, AND WHERE IT'S LOCATED, UH, SHOULD, SHOULD THIS BE APPROVED TONIGHT AND MOVE FORWARD IN THE QUEUE? UH, AND THERE ISN'T A WASTE MANAGEMENT WASTEWATER MANAGEMENT ISSUE.
UH, WHAT, WHAT HAPPENS AT THAT POINT IS THAT STOP THE PROJECT, OR THERE HAS TO BE AN, ANOTHER VARIANCE, ANOTHER ACCOMMODATION, WHAT HAPPENS AT THAT PARTICULAR SITE? UH, WELL, IF, IF, IF, IF HE CAN'T MEET THE REQUIREMENTS TO BUILD A SEPTIC SYSTEM OR SOME THAT PRESCRIBED BY THAT AGENCY, UM, THEN THAT WOULD MEAN HE COULDN'T BUILD, BUILD THE HOUSE AS DESIGNED.
SO IT MAY, IT COULD INVOLVE A NUMBER OF DIFFERENT THINGS.
IT MAY INVOLVE REDESIGNED AT THE HOUSE AGAIN, TO MAKE IT SMALLER, TO PROVIDE MORE ROOM FOR THE LEACH FIELD, OR THERE MIGHT BE AN ALTERNATE METHOD THAT THAT AGENCY IS WILLING TO APPROVE.
UM, BUT AGAIN, THAT'S PART OF THEIR APPROVAL PROCESS.
SO IN ESSENCE, YES, YOU WOULD NOT GET ANY PERMITS FROM THE CITY OF ALHAMBRA TO BUILD ANYTHING UNLESS HE MEETS THE REQUIREMENTS OF THAT AGENT, BECAUSE AGENCY, BECAUSE THAT IS A MAJOR PUBLIC SAFETY ISSUE, MR. CHAIRMAN MEMBERS OF THE COMMISSION, I YIELD BACK MY TIME.
APPRECIATE THAT COMMISSIONER BERNAY PLEASE.
UM, WANTED TO MAKE THE COMMISSION AWARE THAT THERE ARE A FEW USERS OUT THERE, UH, SPEAKERS THAT HAVE THEIR HANDS RAISED.
I'M NOT SURE IF THESE WERE SPEAKERS THAT ALREADY HAD AN OPPORTUNITY TO SPEAK.
UM, BUT WE DID RECEIVE AN EMAIL CORRESPONDENCE FROM ONE OF THE CALLERS INDICATING THAT THEY HAD PROBLEMS UNMUTING THEMSELVES.
SO, UM, NOW THAT YOU GUYS ARE IN DELIBERATION, UM, AND MAYBE A QUESTION FOR KEITH, THE CITY ATTORNEY AS WELL, UM, UH, WHETHER OR NOT THE COMMISSIONER WANTS TO GO BACK AND HEAR FROM THE CALLERS THAT HAVE THEIR HANDS RAISED.
I, OF COURSE I DID CALL FOR ANY ADDITIONAL SPEAKERS THAT WERE WISHING TO SPEAK AND OPPOSITION, AND THEN DID ON THE RECORD, CLOSE THE PUBLIC HEARING MY INCLINATION, I THINK IT'S DICEY RIGHT NOW BECAUSE WE'RE RIGHT IN THE MIDDLE OF DELIBERATIONS AND THIS CASE, I THINK WE HEARD FROM A WIDE VARIETY OF OPINIONS THAT ADEQUATELY REPRESENTED ALL ASPECTS OF OPPOSITION TO THIS, BUT I WOULD DEFER TO COUNSEL.
AND IF KEITH THINKS THAT IT IS IMPERATIVE, WE HEAR FROM OUR SPEAKERS, I WOULD DO SO.
BUT IN THE ABSENCE OF THAT, I WOULD CONTINUE WITH DELIBERATIONS.
NO, IT'S NOT IMPERATIVE THAT YOU REOPEN THE PUBLIC HEARING, THAT THERE ARE MULTIPLE WAYS THAT MEMBERS OF THE PUBLIC COULD PARTICIPATE IN THIS MEETING.
UM, CERTAINLY YOU CAN REOPEN THE PUBLIC HEARING.
THE COMMISSION HAS THAT DISCRETION TO DO THAT, BUT THERE'S NO COMPELLING REASON TO DO SO AT THIS POINT, AT LEAST NO, NO LEGAL REASON TO DO SO AT THIS POINT.
I THINK WE HEARD OF A VERY BROAD BASED SELECTION OF, UH, OPPOSITION COMMENTS.
I, I, I HAVE CONFIDENCE IN THE FACT THAT THE COMMISSIONERS ARE WELL VERSED NOW AND EXACTLY WHAT THE ISSUES ARE
[01:25:01]
AND WHAT THE ISSUES OF CONTENTION ARE.SO THAT SAID, I WOULD CONTINUE WITH COMMISSIONER BERNAY FOR HER COMMENTS.
UM, UH, I JUST HAVE A QUESTION.
SO WHEN PEOPLE BUY INTO THIS AREA, SO IT'S A PRIVATE AREA THAT WAS ANNEXED IN AND BROUGHT INTO THE EIGHTIES.
UM, THEY WERE AWARE OF THE PRIVATE STREET, THE, THE, UM, PRIVATE AREA, THE, THE EASEMENT, EVERYTHING THAT'S ON THERE, RIGHT.
AND EVEN WHEN THEY, THEY PURCHASED THE HOUSE AT THE BEGINNING, IT, YOU KNOW, WE'VE TALKED ABOUT 1955 AND 1960.
THEY, THEY KNEW THE LAND AND ITS REQUIREMENTS.
THEY KNEW THAT THERE WAS EASEMENTS.
IT SOUNDS LIKE THAT'S KIND OF, UH, KIND OF, UM, NOT KNOWN, BUT, YOU KNOW, THEY, THEY KNEW BASICALLY WHAT THEY WERE GETTING, GOING INTO THIS AREA.
ESPECIALLY AFTER 1988, UM, I HARD TO SAY EXACTLY WHAT THEY KNEW OR DIDN'T KNOW.
UM, I THINK THOUGH, WHEN THEY PURCHASED PROPERTY, ALL OF THE LEGAL REAL ESTATE DISCLOSURES RELATED TO EASEMENTS WOULD HAVE BEEN MADE IN THE REAL ESTATE DOCUMENTS DURING THE PURCHASE.
AND THEN WE'RE TALKING ABOUT THE, THE SPACE ON HERE IS THAT, UM, BROUGHT DOWN FROM 72 TO 61 92.
UM, I LIVE AT THE VERY OTHER END OF EUCLID OFF OF EUCLID AND IMPERIAL, AND ARE LOTS OR ROUGHLY ABOUT 56 SQUARE FEET.
OUR HOUSE IS 1500 SQUARE FEET.
WE DO NOT HAVE A TWO STORY, BUT THERE WERE SEVERAL TWO STORIES IN THIS NEIGHBORHOOD.
SO I'M JUST TRYING TO GET A, YOU KNOW, I'M TRYING TO DO A COMPARISON OF THE LOT AND THE SIZES, WHICH WOULD BE VERY COMPARABLE TO OUR LOT THAT WE HAVE NOW WITH A DRIVEWAY, WITH A SMALL FRONT YARD, YOU KNOW, SMALL BACKYARD TO SAY, SOUNDS LIKE IT'S THE SAME THING.
SO THAT'S WHAT I'M LOOKING AT.
I'M COMPARING IT TO WHAT I HAVE TO, WHAT IS BEING BUILT.
AND IT LOOKS PRETTY COMPARABLE WITH ACTUALLY A FEW HUNDRED FEET OVER US.
I'M JUST STILL LISTENING AND, UH, UM, THANK YOU.
UM, I DON'T HAVE ANY QUESTIONS OR COMMENTS AT THIS TIME.
YOU KNOW, I THINK ROY REALLY HIT THE NAIL ON THE HEAD WITH THIS.
WHEN YOU TALKED ABOUT HOW VERY CLEAR, UH, THE, THESE ISSUES ARE, AND THERE'S TWO VARIANCES, ALL RIGHT, WE'VE GOT THE LOT SIZE VARIANTS, AND THEN WE'VE GOT THE REAR SETBACK VARIANCE.
I THINK YOU CAN ARGUE VERY PERSUASIVELY THAT THE APPLICANT, THE OWNER OF THIS PROPERTY IS SUFFERING A HARDSHIP WITH REGARD TO THE SIZE OF THE LAW.
AND POINT OF FACT, THERE'S A LOT, A LOT SKIN LAHABRA, IT'S NOT UNUSUAL TO HAVE A FIVE, 6,000 SQUARE FOOT LOG WITH A HOUSE ON IT.
SO IN THAT RESPECT, I WOULD AGREE THAT IT'S AN UNUSUAL LOT.
IT'S A TREMENDOUS OBSTACLE TO CONSTRUCTION FOR THE APPLICANT.
SO FOR THAT REASON, IN MY VIEW, AS I'M DELIBERATING THIS, I CAN SEE VERY CLEARLY THAT A VARIANCE IS PROBABLY INDICATED FOR THE LOT SIZE.
NOW, THE SECOND ISSUE, AS ROY SAID IS A BIT DICIER BECAUSE WE'RE TALKING ABOUT THAT REAR SETBACK.
AND YOU KNOW, WHAT WE ALSO HAVE TO DO IS MAKE A FINDING HERE THAT THE VARIANCE IN NO WAY POSES SOMETHING THAT IS INJURIOUS TO IMPROVEMENTS IN THE VICINITY.
AND BY THAT, I TAKE THAT TO MEAN THE OTHER PROPERTIES SURROUNDING THIS ONE.
AND I THINK THAT THE FACT THAT WE HAVE TO GO FROM 25 FEET TO ROUGHLY 70 IN RE REAR SETBACK IS A GOOD INDICATION THAT PERHAPS THIS PROJECT AS CURRENTLY PROPOSED IS MISSING SCALED FOR THAT LOT IN THE SENSE THAT THE PROPORTIONS ARE JUST NOT CORRECT.
IF WE HAVE TO GO TO THAT EXTREME.
AND I THINK THAT WE DO HAVE MORE LIBERTY THERE AND INTERPRETING THAT.
SO IS IT INJURIOUS TO IMPROVE IT'S IN THE VICINITY, SOMETHING QUITE THIS, UH, I'M THINKING, YES.
UH, DOES THAT MEAN THAT HE CAN'T BUILD ANYTHING THERE? OF COURSE NOT.
AND I'M VERY SENSITIVE TO THE IDEA THAT THAT OWNERS HAVE A RIGHT, YOU KNOW, WITHIN REASON OF COURSE, TO DEVELOP THEIR PROPERTY AS THEY SEE FIT.
I CAN SEE THE LOT SIZE THERE IS BEING FINE, BUT I SEE THE REAR SETBACK INDICATING A MORE SEVERE PROBLEM.
SO THAT'S WHERE I AM WITH THAT.
AND WITH THAT SAID, UH, IF SOMEONE WOULD LIKE TO MAKE A MOTION, I WILL ENTERTAIN IT.
DID YOU HEAR WHAT I JUST SAID? YEAH, YOU'RE GOOD.
SO IF SOMEONE WANTS TO MAKE A MOTION, THIS WILL BE THE TIME JUST FOR THE RECORD, UH, PERMISSION OR MUNOZ, GET A CHANCE TO, UH, COMMENT THAT
[01:30:01]
HE WAS NUMBER ONE, FIRST OF ALL.SO ANYBODY, ANYBODY, I WILL MAKE THE MOTION THEN JUST SO WE CAN GET A BOAT ON THIS.
YOU KNOW, I THINK, UH, WHETHER WE, WHETHER WE VOTE YES OR NO, AND IT LIKE, I, I REALLY BELIEVE THAT I THINK YOU PROBABLY TOO, THAT THE APPLICANT DESERVES, UH, DESERVES THE DECISIONS.
SO, UM, THAT'S WHERE I, THAT'S WHY I FEEL IT'S APPROPRIATE TO, TO AT LEAST HAVE AN ON THE RECORD VOTE FOR ON BEHALF OF THAT.
SO, UH, WITH THAT BEING SAID, WITH YOUR PERMISSION, I WOULD, UH, I WOULD MOVE A RESOLUTION WITH YOUR APPROVAL, PLEASE.
THIS IS, UH, COMMISSIONER POWELL.
UH, I WOULD MOVE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HARBOR APPROVING ZONE VARIANCE, 20 DASH OH ONE TO REDUCE THE REAR YARD SETBACK REQUIREMENT FROM 25 FEET TO SIX FEET, UH, FOR A SINGLE FAMILY HOME AT ONE 61 WEST HIDDEN LANE, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS.
AND THAT WAS A SECOND BY COMMISSIONER BERNAY YEAH, THAT'S CORRECT.
THIS IS VERONICA CALLING ROLL COMMISSIONER POWELL.
THIS YEAR, UH, MR. CHAIR, I WOULD, UH, I WOULD ALSO, UH, BE WILLING TO MAKE THE NEXT, UH, MOVE IT WITH YOUR PERMISSION.
THAT'LL BE FINE, BUT LET'S GET LET'S STATE FOR THE RECORD.
HOUSEKEEPING HERE THAT THE ITEM HAS NOT PASSED, AND THIS ACTION WILL BECOME FINAL IN 10 WORKING DAYS UNLESS IT APPEALED TO THE CITY COUNCIL.
SO W WITH THAT SAID, THEN, UH, COMMISSIONER PAUL, PLEASE CONTINUE.
UH, MR. CHAIR, UH, MEMBERS OF THE COMMISSION.
I WOULD MOVE A RESOLUTION TO THE PLANNING COMMISSION OF THE CITY OF ALHAMBRA PROVING ZONE VARIANCE 21 DASH OH ONE TO REDUCE THE MINIMUM LOT SIZE FROM 7,200 SQUARE FEET TO 6,192 SQUARE FEET FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME AT ONE 61 WEST HIDDEN LANE, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS AND SUBJECT CONDITIONS.
IS THERE A SECOND? DO WE HAVE A SECOND TO THE MOTION? OKAY, WELL, UH, I, UNLESS KEITH SAYS OTHERWISE, OR ANDREW I'LL SECOND, THE MOTION.
SO WITH THAT SAID, A MOTION HAS BEEN MADE BY COMMISSIONER PAUL AND SECONDED BY CHAIRMAN EXTERRAN WITH SECRETARY, PLEASE CALL THIS IS VERONICA CALLING ROLL COMMISSIONER POWELL.
THIS ITEM HAS PASSED AND THE ACTION WILL BECOME FINAL IN 10 WORKING DAYS UNLESS THE DEAL TO THE CITY COUNCIL.
ANY CONSIDERATION ITEMS? UH, THIS IS ANDREW, UH, NONE THIS EVENING.
ARE THERE ANY FURTHER COMMENTS FROM STAFF? UM, NO FURTHER COMMENTS FROM STAFF, UM, FOR THE NEXT MEETING IN MARCH, MOST LIKELY THE COMMISSION WILL BE GOING LIVE, UH, TENTATIVELY ONE ITEM SCHEDULED, UM, AND IT'S TO, UH, UPDATE THE LAHABRA MUNICIPAL CODE, UH, TO MAKE AMENDMENTS TO THE ACCESSORY DWELLING UNIT ORDINANCE, TO BE MORE IN LINE WITH THE CURRENT, THE STATE REGULATIONS.
UH, ANY COMMENTS FROM THE COMMISSIONERS? COMMISSIONER BURNETT? NO COMMENT.
THANK YOU, COMMISSIONER MUNOZ.
NO COMMENT, NO COMMENT, DARREN.
[01:35:01]
THANK YOU VERY MUCH.IT'S BEEN A LONG TWISTING ROAD, ALMOST A YEAR.
I THINK, UH, ALL OF YOU, MY COLLEAGUES AND I KNOW CITY STAFF, ANDREW, ROY, EVERYBODY IS PERFORMED, UH, WONDERFULLY.
SO, UH, THANK YOU FOR EVERYBODY'S TIME, EFFORT AND COMMITMENT TO RUNNING SMOOTH MEETINGS.
AND WE LOOK FORWARD TO GETTING BACK TO WHERE WE BELONG IN IN CITY COUNCIL, CHAMBERS.
LET'S JUST HOPE THAT, UH, THAT THINGS KEEP GOING THE WAY THEY'RE GOING AND THERE'S NOTHING SIDEWAYS OR SOUTH.
SO, UH, WITH THAT SAID, THERE BEING NO FURTHER BUSINESS, WE WILL NOW OFFICIALLY ADJOURN TO MONDAY, MARCH 22ND, 2021.