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CITY OF LA HABRA HEIGHTS

MINUTES OF A SPECIAL MEETING OF THE LA HABRA HEIGHTS

PLANNING COMMISSION

November 13, 2002

OPENING CEREMONIES

1. CALL MEETING TO ORDER

Chairman Bruce Douglas called a meeting of the La Habra Heights Planning Commission to

order at 7:00 p.m. at the Community Center, 1245 North Hacienda Road, La Habra Heights,

California.

2. ROLL CALL

Those present: Chairman Bruce Douglas, Vice-Chairman Ginger Skinner, Commissioners

Brian Bergman, and Stephen Blagden. Also present Director of Planning Sheryl Brady,

Planning Technician Barbara Doppieri, City Attorney Ken Rozell, General Plan Consultant

Marc Blodgett.

Excused Absence: Robert Wolfe

3. FLAG SALUTE

Commissioner Bergman led the flag salute.

4. ITEMS FROM THE PUBLIC NOT ON THE AGENDA

Mrs. Brady swore in those wishing to testify.

Katie Martin, 557 Reposado - stated Kinkos does not have the General Plan as of 4:45 this

afternoon; it has not been available since 10-31-02; felt the time frame is too fast; asked the

Commission to slow the process down; asked the Commission not to be pushed.

Chairman Douglas asked about the copies at Kinkos; he thought this had been resolved.

Mr. Blodgett stated he only found out late last week that Kinkos want the Plan digitized; he

thought it had been taken care of; stated if there are any loose ends he will take care of them;

has completed the Environmental Impact Report and that has been circulated through the state

clearing house.

John Beau, 2778 Casselero – commended Administration for getting the information to

Kinkos; Planning Commission has been doing a great job; doesn’t see a rush to judgement.

5. ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF

November 13, 2002

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Ms. Brady stated the agenda had been posted in accordance with the state law.

PUBLIC HEARINGS

Mrs. Brady swore in those wishing to testify.

6. General Plan Amendment 2002-01 (City of La Habra Heights) Citywide

Circulation Element

Mrs. Brady stated based on the Planning Commission survey, the following policies are the policies

the Planning Commission wanted to discuss. This was a continuation of the meeting of 11-7-02.

Policy 52 Establish a chain of command so that City officials and staff are apprised of all requests

by cellular phone companies for the location of communication towers.

Vice-Chairman Skinner stated she did not understand why this policy is written this

way; why do we need this policy.

Chairman Douglas agreed and asked about Policy 53 at the same time.

Mrs. Brady stated Cell Towers on private property require a Conditional Use Permit,

Cell Towers in the public right-of-way only require an encroachment permit; she stated

she did not understand the intent of Policy 52; suggested moving Policy 53 into

implementation.

Ms. McCoy stated many other Cities have been able to deal with and make deals with

Cellular Companies and get locations that were better than the ones proposed, designs

that were less offensive and this was a way to make it possible for the City to wheel and

deal with these Companies and get something that isn’t as offensive as it could be; this

policy is a way for the City to be made aware of these companies and what they are

doing.

Vice-Chairman Skinner stated she didn’t see any point in Policy 52.

Mrs. Brady recommended leaving in Policy 53, but take out Policy 52.

Commissioner Blagden stated he likes Policy 52.

Chairman Douglas stated he isn’t sure Policy 52 accomplishes what Commissioner

Blagden wants.

Mrs. Brady stated she would prefer design/development standards in the Municipal

Code; if you approve Policy 53, it would require planning review before the

encroachment permit is issued.

Commissioner Bergman was in agreement that Policy 52 be removed.

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Policy 53 Establish ground rules for the appearance of such towers and other cellular equipment

wherever they are located within the City, or pursuant to a conditional use permit or

other regulatory device that will ensure that such towers are located and designed so as

to minimize their impact on community aesthetics and views and to limit intrusions into

high fire-hazard areas.

Commissioner Blagden recommended the following changes: add “and landscaping”

after appearance, change cellular to “wireless”, add “ or antenna support equipment”

after such towers.

Policy 54 Require joint use of communications towers to the maximum extent feasible to prevent

their proliferation within the City.

Policy 58 The City shall require that providers of cable television, broadband Internet, and other

communications services shall consult with the City and with affected property owners

before placing physical equipment, excepting cables, on telephone company

infrastructure within the City.

Commissioner Blagden recommended striking the second shall; suggested inserting “or

power” after telephone.

Policy 60 Comply with state laws requiring coordination of land use approvals with water supply

available such as by requiring the La Habra Heights County Water District to certify

that a request to install any new water meter can be accomplished without impacting

existing customers or the District to certify that a request to install any new water meter

can be accomplished without impacting existing customers of the District’s ability to

supply the water resources necessary for emergency use before a building permit can be

issued for the property.

Vice-Chairman Skinner stated this policy was too long; she thought this process was

already in place.

Mrs. Brady stated yes that Commissioner Skinner was correct this policy was already in

place.

Mr. Blodgett stated the stated passed a law that development must provide proof water

can be served; he felt the policy could be reworded better.

Vice-Chairman Skinner stated the policy needs to be rewritten

Chairman Douglas asked staff to clarify this policy and rewrite it.

Policy 63 Consider means to coordinate the operations of the City and the District to reduce the

total cost of government to the community by joint staff, joint purchases, or other

means.

Vice-Chairman Skinner stated this policy should be taken out.

Commissioner Blagden asked about a Financial Element.

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Commissioner Bergman stated staff should revise this policy.

Mr. Blodgett stated this policy is a first step.

Chairman Douglas asked staff to rewrite this policy.

Policy 64 Continue to require adequate fire flow protection for each residential lot approved for

new construction.

Policy 65 Continue to meet fire Department requirements for the location of fire hydrants serving

all new development.

Policy 66 Require annual reports from the Water District attesting to hydrant and reservoir

capacities.

Vice-Chairman Skinner questioned the City’s ability to require anything of the Water

District.

Mr. Blodgett suggested changing Require to “Request”.

Vice-Chairman Skinner suggested removing the word hydrant.

Commissioner Blagden suggested adding a Policy requiring a report from the Fire

Department regarding hydrant flows.

Mr. Blodgett suggested adding this to Policy 65.

Policy 67 Work with the Water District and Fire Department to identify and plan corrections for

zones of inadequate fire flow capacity.

Policy 72 Require testing of soils to assure their receptivity and appropriateness for leaching

liquid waste for all lots at the time of sale, or before a building permit for new home

construction is issued.

Chairman Douglas stated this City is looking at a problem someday unless we monitor

the septic systems.

Commissioner Bergman questioned the implementation.

Commissioner Blagden stated you want all governmental agencies to know the City is

doing all it can to protect the ground water.

Mr. Blodgett to research the costs of testing.

Policy 73 Require inspection of existing liquid waste disposal systems to determine their

adequacy at the time of sale or before significant expansion remodeling permit is issued.

Mrs. Brady expressed a concern, as staff isn’t always notified when homes are sold;

how to implement.

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Mr. Blodgett asked to study this further and he will bring back a report next week to the

Commission.

Policy 74 No future residential development shall be approved until soil and drainage conditions

have been analyzed to assure that septic tank and cesspool liquid waste disposal systems

can function adequately to protect the water table unless the development covers the

cost of connection of new residences to a sewer system.

Policy 75 If there are areas of the City in which organic waste disposal systems are failing, special

assessment districts shall be formed to finance small area sewage treatment facilities or

connections to regional sewer systems.

Chairman Douglas asked staff to research items, meet with the Engineers and bring Policies 72-76

back to the Commission for discussion.

Policy 79 Subject all development and significant remodel permit reviews to storm water

retention policy requirements before approval.

Policy 80 Require property owners to keep the courses of blue line streams running clear and

unimpeded through their properties.

Ms. McCoy stated this policy was written solely to protect blue line streams.

Policy 81 Work with the oil companies to create contingency plan to be implemented at the time

of any disruption to the functioning of their pipelines.

Commissioner Blagden asked to modify the policy to read: “pipelines, tanks, pumps or

other facilities”, as well as changing oil to “resource.

Policy 83 the City shall work with appropriate State agencies, and with the property owner, to

ensure the proper remediation of those areas within the property that have been polluted

by resource extraction and distribution.

Policy 84 The City must be fully assured that remediation has been accomplished to the extent

necessary for any proposed new use of the property before redesignation of the land use

is considered.

Policy 87 Implement additional traffic calming measures on the north-south traffic corridors.

Public Hearing

Chairman Douglas then opened the pubic hearing.

John Beau, 2278 Casselero – spoke on domestic water supplies; Policies 60, 64 and 80; asked when

the City because part of the SEC.

Katie Martin, 557 Reposado – spoke on policy 39, percolation, septic's are certified prior to closing

of escrow; great job Commission is doing; when will the General Plan and EIR be available.

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Norman Zezula, Canonita – stated unless careful the City may be forced onto sewer; burden on

homeowners; brochures; institutional development should be required to hook up into sewers; granny

apartments; health and safety; tax on rentals.

Seeing no one else come forward Chairman Douglas continued the public hearing and brought the item

back to the Planning Commission for deliberation.

Policy 51 Reduce and eventually eliminate telephone poles within the City.

The Planning Commissioners did not raise any issues regarding Policy #51.

Policy 52 Establish a chain of command so that City officials and staff are apprised of all requests

by cellular phone companies for the location of communication towers.

It was the consensus of the Commission to take this policy out.

Policy 53 Establish ground rules for the appearance and landscaping of such towers and other

wireless cellular equipment wherever they are located within the City, or pursuant to a

conditional use permit or other regulatory device that will ensure that such towers and

antenna and support equipment are located and designed so as to minimize their impact

on community aesthetics and views and to limit intrusions into high fire-hazard areas.

It was the consensus of the Commission to accept this policy as amended.

Policy 54 Require joint use of communications towers to the maximum extent feasible to prevent

their proliferation within the City.

It was the consensus of the Commission to accept this policy as written.

Policy 55 Ensure that provision for undergrounding telephone lines also applies to, and is

coordinated with, cable services.

The Planning Commissioners did not raise any issues regarding Policy #55.

Policy 56 Keep cable contracts short term in order to provide flexibility for changes in

technology, pricing, and competitive strategies among cable and other communications

companies.

The Planning Commissioners did not raise any issues regarding Policy #56.

Policy 57 Review cable contracts and competitive bidding periodically to ensure that the most

economical and efficient services are provided for City residents.

The Planning Commissioners did not raise any issues regarding Policy #57.

Policy 58 The City shall require that providers of cable television, broadband Internet, and other

communications services shall consult with the City and with affected property owners

before placing physical equipment, excepting for cables, on telephone or power

company infrastructure within the City.

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It was the consensus of the Commission to accept this policy as amended.

Policy 59 Work with the Water District to ensure that City policies and Water District policies and

Water District policies are mutually compatible.

The Planning Commissioners did not raise any issues regarding Policy #59.

Policy 60 Comply with state laws requiring coordination of land use approvals with water supply

available such as by requiring the La Habra Heights County Water District to certify

that a request to install any new water meter can be accomplished without impacting

existing customers or the District to certify that a request to install any new water meter

can be accomplished without impacting existing customers of the District’s ability to

supply the water resources necessary for emergency use before a building permit can be

issued for the property.

It was the consensus of the Commission that staff to clarify this policy.

Policy 61 Ensure that Water District activities affecting road surfaces are repaired by the Water

District to City Engineer standards.

The Planning Commissioners did not raise any issues regarding Policy #61.

Policy 62 Work with the Water District and Fire Department to identify and plan corrections to

areas of inadequate domestic flow capacity in order to ensure that internal sprinkler

systems work properly.

The Planning Commissioners did not raise any issues regarding Policy #62.

Policy 63 Consider means to coordinate the operations of the City and the District to reduce the

total cost of government to the community by joint staff, joint purchases, or other

means.

It was the consensus of the Commission that staff to clarify this policy.

Policy 64 Continue to require adequate fire flow protection for each residential lot approved for

new construction.

It was the consensus of the Commission to accept this policy as written.

Policy 65 Continue to meet Fire Department requirements for the location of fire hydrants serving

all new development.

It was the consensus of the Commission to accept this policy as written.

Policy 66 Request Require annual reports from the Fire Department Water District attesting to

hydrant flows and reservoir capacities.

Policy 67 Work with the Water District and Fire Department to identify and plan corrections for

zones of inadequate fire flow capacity.

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It was the consensus of the Commission to accept this policy as written.

Policy 68 Continue to weigh alternative policies to support optimal provision of trash removal

services to residents.

The Planning Commissioners did not raise any issues regarding Policy #68.

Policy 69 Adopt reasonable regulations to prohibit unscreened dumpsters from storage at

roadsides, and visible from the roads.

The Planning Commissioners did not raise any issues regarding Policy #69.

Policy 70 Encourage residents to continue their practice of composting and mulching their green

waste.

The Planning Commissioners did not raise any issues regarding Policy #70.

Policy 71 Encourage citizens to utilize available recycling programs.

The Planning Commissioners did not raise any issues regarding Policy #71.

It was the consensus of the Commission that staff, meet with the Engineers and bring Policies 72-76

back to the Commission for discussion.

Policy 72 Require testing of soils to assure their receptivity and appropriateness for leaching

liquid waste for all lots at the time of sale, or before a building permit for new home

construction is issued.

Policy 73 Require inspection of existing liquid waste disposal systems to determine their

adequacy at the time of sale or before significant expansion remodeling permit is issued.

Policy 74 No future residential development shall be approved until soil and drainage conditions

have been analyzed to assure that septic tank and cesspool liquid waste disposal systems

can function adequately to protect the water table unless the development covers the

cost of connection of new residences to a sewer system.

Policy 75 If there are areas of the City in which organic waste disposal systems are failing, special

assessment districts shall be formed to finance small area sewage treatment facilities or

connections to regional sewer systems.

Policy 76 the City shall provide information on the proper maintenance of cesspool and septic

tank systems to all households.

Policy 77 Implement policies for the preservation of natural conditions leading to retention of

storm water when it occurs.

The Planning Commissioners did not raise any issues regarding Policy #77.

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Policy 78 Review hard surfaces limitations on all development to ensure compliance with the

government’s storm water retention policies.

The Planning Commissioners did not raise any issues regarding Policy #78.

Policy 79 Subject all development and significant remodel permit reviews to storm water

retention policy requirements before approval.

It was the consensus of the Commission to accept this policy as written.

Policy 80 Require property owners to keep the courses of blue line streams running clear and

unimpeded through their properties.

It was the consensus of the Commission to accept this policy as written.

Policy 81 Work with the resource oil companies to create contingency plan to be implemented at

the time of any disruption to the functioning of their pipelines, tanks, pumps, or other

facilities.

It was the consensus of the Commission to accept this policy as amended.

Policy 82 Plan now for the time when resource production is abandoned and the site is converted

to a future uses in order to prevent a brownfields area within the City.

The Planning Commissioners did not raise any issues regarding Policy #82.

Policy 83 The City shall work with appropriate State agencies, and with the property owner, to

ensure the proper remediation of those areas within the property that have been polluted

by resource extraction and distribution.

It was the consensus of the Commission to continue this item to allow staff more time to

look into it.

Policy 84 The City must be fully assured that remediation has been accomplished to the extent

necessary for any proposed new use of the property before redesignation of the land use

is considered.

It was the consensus of the Commission to accept this policy as written.

Policy 85 Prohibit widening, straightening or leveling of local lanes and country roads; their

current configuration is the most effective deterrent against inappropriate short-cutting

commuter traffic.

The Planning Commissioners did not raise any issues regarding Policy #85.

Policy 86 Prohibit any new access roads into the City and encourage alternative transit policies at

the local and regional level to meet regional traffic needs without the environmental

degradation that new roadways would entail in the fragile environment of La Habra

Heights.

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The Planning Commissioners did not raise any issues regarding Policy #86.

Policy 87 Implement additional traffic calming measures on the north-south traffic corridors.

It was the consensus of the Commission to accept this policy as written.

Policy 88 Post and enforce appropriate speed limits on East and West Roads.

The Planning Commissioners did not raise any issues regarding Policy #88.

Policy 89 Encourage frequent traffic surveillance on all lanes, country roads and the north-south

traffic corridors or other means to discourage speeding or other unsafe driving.

The Planning Commissioners did not raise any issues regarding Policy #89.

It was the consensus of the Commission to continue certain items of the Circulation Element.

Planning Commission Requests From Previous Meeting(s)

Mrs. Brady stated the following were items the Commission asked to have staff research and bring

back.

October 22, 2002 Planning Commission Meeting

1. Staff was directed to include Air Quality Element Policy 18 as a policy to the Circulation

Element, Air Quality Policy 18 states:

Discourage significant increase in non-resident commuter traffic through La Habra Heights to

limit air pollution in the City.

Mrs. Brady recommended that the above-mentioned policy be added as a new policy within the

section entitled “Issue – Vehicular Traffic on Local Street” and be renumbered accordingly.

It was the consensus of the Commission to accept the addition of the new policy.

October 29, 2002 Planning Commission Meeting

1. Planning Commission requested that Noise Element Policy 1 be discussed with the Circulation

Element. Noise Element Policy 1 states:

When noise levels exceed acceptable community noise standards, mitigating actions should be

implemented.

It was the consensus of the Commission to leave this policy in the Noise Element.

November 7, 2002 Planning Commission Meeting

Chairman Douglas directed staff to provide input on the following policies within the Circulation

Element:

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2. Many local streets provide views of surrounding locale and of distant terrain; these views shall

be preserved from obstruction by roadside structures.

If the Planning Commission wishes to impose the type of restriction envisioned by this policy,

the City Attorney’s office recommends that the policy be revised as follows:

Significant primary views enjoyed by residents shall be protected from obstruction by any new

development’s structures or landscape elements to fullest extent consistent with the property

rights of the owner of the site on the new development is located.

OR

Views from local streets shall be protected from obstruction by any new development’s

structures or landscape elements to the fullest extent consistent with the property rights of the

owner of the site on which the new development is located.

It was the consensus of the Commission to take this policy out.

3. Prohibit “keyhole courts” because they impede traffic circulation in times of emergencies.

Since the intent of this policy is to encourage through streets, staff and the City Attorney’s

office recommends that the policy be revised as follows:

The use of cul-de-sacs should generally be discouraged because they impede traffic circulation

in times of emergencies. Cul-de-sacs are appropriate where further development beyond the

end of the proposed cul-de-sac is impractical because of the limitations imposed by topography

or existing development.

It was the consensus of the Commission to accept this policy as written.

29. Prohibit frequent parking or storage of commercial vehicles or construction vehicles,

except agricultural equipment, anywhere in areas designated as Residential-Agricultural.

The PC may wish to clarify GPAC’s intent with this policy. La Habra Heights Municipal

Code (LHHMC) Section 9205, Zone R-A – Prohibited Uses, states:

c.2. Any commercial vehicle, as that term is defined in Section 260 of the California Vehicle

Code, ...

Also, as previously stated, the City’s home occupation standards allow two vehicles that are

used primarily for the home occupation to be parked or stored at the premise. Each vehicle is

allowed a maximum size of 4 tons (8,000 pounds).

It was the consensus of the Commission to accept this policy as amended.

30. Require institutional uses within the City to provide on-site parking sufficient to serve all

employees and patrons, according to the Institute of Civil Engineers standards, or more

restrictive standards.

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In addition to adding “and non-residential use” after institutional, staff is recommending that

the policy be revised by replacing “Institute of Civil Engineers standards” with “Urban Land

Institute Parking Generation Manual.”

It was the consensus of the Commission to accept this policy as written.

40. Treat wildlife corridors and trails as circulation requirements of equal importance to vehicular,

horse, bicycle and pedestrian circulation.

If the Planning Commission wishes to enact the type of restrictions envisioned by this policy,

staff and the City Attorney’s office recommends that the policy be revised as follows:

No new development shall block or unnecessarily impair any existing wildlife corridor or trail

unless such restriction would deprive the property owner of all economically viable use of

the property.

It was the consensus of the Commission to delete this policy from the General Plan.

44. Require that all significant remodeling improvement projects or significant additions to existing

structures incorporate on-site undergrounded utility lines.

Staff recommends that the PC provide direction regarding what constitutes a “significant

remodel or addition,” which would then be incorporated as an implementation

requirement in the City’s Zoning Code. Staff direction includes type of restriction

envisioned by this policy.

The Commission asked to defer this item to a later meeting.

Commissioner Blagden stated he had several new policies he wanted to discuss.

It was the consensus of the Commission that Commissioner Blagden would provide the list of new

policies to staff for duplication and they would be discussed at a later date.

Mrs. Brady then reviewed the agenda for the next meeting, explaining the Commission will be

discussing on November 19th at 7:00 p.m. She stated subsequent Special Meetings are as follows: 11-

21-02. All special meetings will be starting at 7:00 pm. The regular Planning Commission meeting

this month will be on 11-26-02 starting at 7:30 p.m. December dates are 12-3-02, 12-10-02, 12-11-02,

12-17-02 (Regular Planning Commission Meeting), 12-17-02 and 12-19-02. Mrs. Brady then asked

for additional dates that the Commission would be available, including Friday Nights, Saturdays and

Sundays.

Commissioner Blagden indicated he was not available on 12-3-02.

Commissioner Bergman indicated he was not available on 12-17-02 or 12-19-02.

Vice-Chairman Skinner stated she likes to go home a digest what they have talked about for a couple

of days. She stated she does not want to meet on Friday Nights or Saturdays.

It was the consensus of the Commission was they do not like Friday Nights.

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Chairman Douglas asked staff to speak with Commissioner Wolfe about dates he is available.

Chairman Douglas asked the Commission’s pleasure regarding changing the time of all future

meetings to 7:00 p.m.

It was the consensus of the Commission to change the time to 7:00 p.m.

ADJOURNMENT

Commissioner Blagden moved to adjourn the meeting at 10:48 p.m. to the special meeting of

November 19, 2002. Seconded by Chairman Douglas and approved as follows:

AYES: Douglas, Bergman, Blagden, and Skinner

NOES: None

ABSENT: Wolfe

ABSTAIN: None

Bruce Douglas, Chairperson

ATTEST:

Sheryl Brady, Director of Planning