CITY OF LA HABRA HEIGHTS

 

MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS

 

PLANNING COMMISSION

 

JULY 24, 2007

 

 

OPENING CEREMONIES

 

1.              CALL MEETING TO ORDER

 

Chairman Black called the Regular La Habra Heights Planning Commission Meeting of July 24, 2007 to order at 7:21 p.m. at the Community Center, 1245 Hacienda Road, La Habra Heights, California.

 

2.              ROLL CALL

 

Those present: Chairman Larry Black, Vice Chairperson Margarita McCoy, Commissioners Brent Grebbien and Tony Liu. Also present: Planning Commission Attorney Lawrence Permaul, Community Development Director Justin Powers.

 

3.         FLAG SALUTE

 

            Vice Chairperson Margarita McCoy led the flag salute.

 

            Chairman Black stated that they are going to take Item 8 next, out of order, because two of the Commissioners have to be recused due to proximity to this property, so we do not have a quorum for the Item.

 

            NEW BUSINESSS

 

8.              STANDARDS MODIFICATION 2006-32 1000 Encanada (Oliveros)

 

An appeal to staff’s administrative decision to deny applicant the right to file his application using the former Municipal Code.

 

            Community Development Director Powers had nothing to add.

 

4.              ITEMS FROM THE PUBLIC NOT ON THE AGENDA

 

Kathy Sauble asked if the Commission has taken any action about backup generators.

 

Community Development Director Powers explained that there were some changes made at the last meeting and they will be revisited tonight under Item 7.

 

Kathy Sauble stated that she would speak at that time.

 

George Edwards, Fullerton Road, stated that since the code on draft hydrants was adopted there have been none installed for any new swimming pools. There are no pumps required for them. Mr. Edwards suggested all pool owners be encouraged to add this option even though it is not required.

 

Norm Zezula, stated that he wants to speak about pervious concrete.

 

Chairman Black stated that he also could speak on Item 7.

 

CONSENT CALENDAR

 

5.              APPROVAL OF MINUTES FOR JUNE 26, 2007

 

Vice Chairperson McCoy moved to approve the Planning Commission Meeting Minutes of June 26, 2007 as presented. The motion was seconded by Commissioner Liu and approved as follows:

 

AYES: Black, Grebbien, Liu and McCoy

NOES: None

ABSENT: None

 

PUBLIC HEARINGS

 

OLD BUSINESS

 

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

 

Community Development Director Powers (CDD) stated that this item was on the agenda for last months meeting and the applicant asked for a continuance. They are asking for another continuance tonight. The Permit Streamlining Act requires that the decision must be made on this project by August 28, 2007. It will be on the Agenda of the next Planning Commission Meeting for a decision.

 

CDD Powers stated that they had requested a 90-day extension, but they have asked to bring it back at the next meeting.

 

Commissioner Grebbien moved to continue Item 6 for 1823 E. Skyline Drive for CUP 2006-02 and Grading Modification 2006-04 to the August Planning Commission Meeting. The motion was seconded by Vice Chairperson McCoy and approved as follows:

 

AYES: Black, Grebbien, Liu and McCoy

NOES: None

ABSENT: None

 

7.              ZONING CODE AMENDMENTS

 

An Ordinance of the City of La Habra Heights Clarifying and Amending the La Habra Heights Municipal Code with respect to parts of Article 7 and 9.

 

CDD Powers stated that these are the changes the Commission considered at the last meeting.

 

Chairman Black opened the Public Comments.

 

George Edwards, mentioned that the City Council had recently passed an Ordinance prohibiting vinyl windows as the vinyl melts. He stated that the City is now saying that some of them are made differently and are safe if they meet Fire Zone 4, but there are no examples or documentation about this. This Fire Zone 4 is not a national standard, but is used by LA County. Mr. Edwardz asked for a report on this and documentation because he stated that he knows of no vinyl windows that meet this standard. He felt the Commission was overturning the City Council decision on this item.

 

Planning Commission Attorney Permaul explained that the there are actual documents in the Engineer’s file that he based his decision on that could be shown.

 

CDD Powers stated that the Building Official referred to the ISO standard for windows and noted that glass would melt before the vinyl windows; he will make sure the specifications for any windows used will meet the requirements; there are some that would not be good enough.

 

Chairman Black stated that it was the Commissions intent not to restrict any vinyl windows that meet the requirements of the Building Official.

 

CDD Powers explained that the Commission is a recommending body and the City Council will make the final decision.

 

Mr. Edwards stated that he supported permitting a backup generator larger than the Commission decided on.

 

Kathy Sauble asked what the Ordinance is concerning backup generators.

 

CDD Powers stated that there was no Code on limiting the size of storage tanks for backup generators at all and they were getting requests for them and needed some guideline for them.

 

Chairman Black explained that they are creating language for this. We have stated that fuel tanks for residential backup generators are prohibited. He stated that the Commission will have to listen carefully to public concerns.

 

Kathy Sauble stated that she saw unsafe conditions with the small generators used for emergencies where power was needed and she would like to encourage residents to look into permanent type of generators which could be connected to the natural gas; stated that she preferred propane since it is safer; stated that these tanks can be placed inside the setback so they are not near the neighbors; they need to be tested once a week, but would not be running all of the time; this type of system possibly could be approved “over the counter” as long as they can prove it will be installed by a qualified electrician; this would create a higher level of emergency preparedness and this would also help the city; many people are not at all prepared to take care of themselves in an emergency; the backup generator is for emergencies and food protection; she was concerned how long it would take to get a permit and get a generator installed.

 

Norm Zezula, spoke about the decision the Commission made to exempt pervious concrete from the impervious coverage limits; this was done to reward the applicant to improve the site’s ability to allow for the natural infiltration of water; why is this necessary when the new limits were supposed to take care of natural infiltration of water; does this mean the new limits are set too low; why not just require pervious concrete under some conditions; the exemption of pervious concrete is also against Land Use Policy 21 this covers both rural character and natural infiltration of water; the General Plan is also violated.

 

Chairman Black brought the meeting back to the Commission, but left the Public Hearing open.

 

The Commission agreed to go through the amendments in the order they are listed by staff.

 

Vice Chairperson McCoy expressed her concern of amending these codes again before they have been tried and worked with. The Commission considered the following Codes:

 

Section 7.2.20 H Appeals – The Commission made no changes to the proposed amendment.

 

Section 7.3.20 B Accessory Uses – The Commission made no changes to the proposed amendment.

 

Section 7.3.20 E Prohibitions and Section 7.3.80 Land Use Restrictions Summary - would not allow fuel tanks for residential generators.

 

CDD Powers explained that several residents have come in who live where the electricity goes out frequently and they have long outages and would like to avoid the need for a week or two of supplies during these outages and applied for large storage tanks; he stated that the Code is silent on storage tanks and the question is whether to make it something that would require a Conditional Use Permit (CUP).

 

The Commission had made it prohibited.

 

Planning Commission Attorney stated that if it was under a CUP, the City would not be liable.

 

CDD Powers stated that the Building Code has various restrictions that would have to be followed to even locate a storage tank.

 

After considerable discussion, the Commission consensus was to prohibit the storage tanks.

 

Section 7.10.40 Table 7-5 Swine – The Commission made no changes to the proposed amendment.

 

7.11.40         Exhibit 7-5 - The Exhibit is Mislabeled. The Commission made no changes to the proposed amendment.

 

7.12.40 Development Standards for Landscaping – Change 12 feet from edge of road to read 6 feet. The Commission made no changes to the proposed amendment.

 

6.4.20 conflicts with Section 7.17.40 F1 – had been changed to 6 feet – The Commission made no changes to the proposed amendment.

 

Section 7.17 Performance Standard for Grading, Retaining Walls and Hardscape.

The use of pervious concrete, 7.17.40 I would be a new section.

 

The Commission discussed the concerns stated by Norm Zezula. They also discussed what “encourage pervious concrete” means and what the incentives might be.

 

CDD Powers explained that their main concern is driveways channeling water to the street and this saturates the streets.

 

The consensus of the Commission was to delete the part of Section I after the word “encouraged”.

 

7.18.40 D1 and Table 7-12 conflict – The Commission asked to add “the standard height is 16 feet” and then go ahead with the exceptions made.

 

7.18.40 S Fire Suppression Measures – Vinyl Window prohibition has to meet Fire Zone 4 requirements. Staff recommended to remove the prohibition on vinyl windows and change Fire Zone 4 to read “very high fire hazard severity zone” to conform to State statutes.

 

CDD Powers stated that he was satisfied that there are some vinyl windows that could have documentation that they meet the requirements.

 

George Edwards, stated that Cal Fire recommends only metal or wood framed windows for an area such as our City. He asked that they see the documentation that the Building Official based his decision on. He stated that this relaxation of the prohibition of vinyl windows did not come from the Fire Chief.

 

CDD Powers explained that any window replacement requires a permit and “Title 24” certification.

 

The consensus of the Commission was to make no change for 7.18.40 S

 

7.18.40 D1 and Table 7-12 Disagree with each other – The Commission made no changes to the proposed amendment.

 

9.2. Table of Contents the Commission added 9.2.70 - Recording - and then moved the rest up one number – No Change.

 

The consensus of the Commission was that they were recommending the adoption of the Resolution as amended.

 

ITEMS FROM THE PLANNING COMMISSION

 

            There were no comments.

 

ITEMS FROM STAFF

 

8.              MONTHLY COMMUNITY DEVELOPMENT DEPARTMENT REPORT

 

Vice Chairperson McCoy asked what they do when they do not have a quorum for an Item and have to postpone it.

 

Planning Commission Attorney Permaul stated it would probably have to go to the City Council.

 

Chairman Black again asked for someone to volunteer to be a Commissioner.

 

ADJOURNMENT

 

Chairman Black adjourned the July 24, 2007 Planning Commission Meeting at 9:47 p.m.

 

 

________________________

Larry Black, Chairman

 

ATTEST:

 

 

______________________________________

Justin Powers, Community Development Director