CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS
PLANNING COMMISSION
AUGUST 28, 2007
OPENING CEREMONIES
1. CALL MEETING TO ORDER
Chairman Black called the La Habra Heights Planning Commission Regular Meeting of August 28, 2007 to order at 7:13 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, Tony Liu and Carl Westerhoff. Also present: Planning Commission Attorney Lawrence Permaul and Community Development Director Justin Powers.
3. FLAG SALUTE
Vice Chairperson McCoy led the flag salute.
4. ITEMS FROM THE PUBLIC NOT ON THE AGENDA
There were no Public Comments at this time.
CONSENT CALENDAR
5. APPROVAL OF MINUTES FOR JULY 24, 2007
Commissioner Liu noted on page 1, line 43 Kathy Sauble asked about backup generators, and he thought they were considering the fuel tank issue; that later the words generator and fuel tank are used interchangeably.
CDD Powers explained that the residents commenting on the issue mentioned generators because they were concerned that if they could not have the fuel tank they would not be able to run their generators.
Chairman Black stated that on page 3 the minutes note that he commented that Òwe have stated that fuel tanks for residential backup generators are prohibited.Ó; that he doesnÕt recall saying that or who the ÒweÓ refers to; that on page 4 the CDD mentions residents who live where the electricity goes out frequently and he does not understand whether these people live in our City or somewhere else; that paragraph also states that the Commission had made fuel tanks ÒprohibitedÓ.
CDD Powers stated that they will clean up the language.
Chairman Black moved to approve the July 24, 2007 Planning Commission Meeting minutes as corrected. The motion was seconded by Vice Chairperson McCoy and approved as follows:
AYES: Black, Grebbien, Liu, and McCoy
NOES: None
ABSENT: None
ABSTAINED: Westerhoff
PUBLIC HEARINGS
OLD BUSINESS
0:08:09
6. CONDITIONAL USE PERMIT 2006-02 AND GRADING MODIFICATION 2006-04 1823 E. Skyline Drive (Heliesen)
CDD Powers stated that staff is requesting a continuance of this Item to the September 25 meeting because they have not received plans back from the applicant. He also explained that the Permit Streamlining Act will expire soon, so it will have to be heard at the October 23, 2007 meeting.
Vice Chairperson Margarita McCoy moved to continue Item 6. The motion was seconded by Commissioner Grebbien and approved as follows:
AYES: Black, Grebbien, Liu, McCoy and Westerhoff
NOES: None
ABSENT: None
7. STANDARDS MODIFICATION 2006-32 1000 Encanada (Oliveros)
Commissioners Grebbien and Liu recused themselves as they live within 500 feet of the subject address.
CDD Powers stated that this is an appeal of staffÕs administrative decision to deny applicant the right to file his application using the former Municipal Code; the applicant is Mike Douglass and the owner is Benito Oliveros; the appellant in the case is Ruben Fernandez; that the application was deemed incomplete and the appeal is whether the application was complete or incomplete; the new municipal code was adopted by the City Council on October 5, 2006 and went into effect on November 6, 2006; the applicant submitted the project on October 16, 2006; standard time to review a project is 30 days; they tried to expedite all the cases that came before them at that time; they sent an incomplete notice listing every issue on October 30th; on November 1, 2 and 12 a representative for 1000 Encanada came in to discuss the letter; there are two issues, the property ownership information (Title Report) and the lot line adjustment information; staff still does not have the ownership information as part of the Title Report; we cannot process the project without the ownership and the easements information; this project was also dependent on a lot line adjustment.
Vice Chairperson McCoy asked for a correction on the date of the Resolution, which should be for the year of 2007.
Planning Attorney Permaul explained that after discussion between staff and the City AttorneyÕs office, we came to the conclusion that because of the circumstances with the change in the codes, those circumstances justified providing the applicant with an additional avenue to present his case, but this could be a valid concern that this might open the way to problems from others on the subject.
Chairman Black opened the meeting for Public Comment.
Ruben Fernandez, stated that the new code was defective and did not allow him to appeal an administrative denial; he provided a copy ÒBÓ of all of the paper work used and explained in detail what he had done to try to follow the codes, using Òquit-claimÓ deeds for the purchase of the property; that this was legally done; at the time, there was a moratorium on multiple lots; there was no Title Report in the first application because it would have shown someone else as the owner from the Òquit-claimÓ deeds rather than himself, even though he had actually paid for the property from the beginning; at the time the papers went in, Benito Oliveros would have been shown as the owner from the Òquit-claimÓ deed.
Attorney Permaul explained that without the Title Report they could not be sure that Mr. FernandezÕ sister had not given someone else part of that property before she deeded it back to him.
Mr. Fernandez showed copies of all of the easements on his property and stated that he now has the Title Report for the lot, showing he is the owner.
The Commission was concerned with why a Òquit-claimÓ deed for 1020 Encanada was enough, but a Title Report was needed for 1000 Encanada.
Attorney Permaul explained why they considered a Òquit-claimÓ deed was needed in the one case and reminded the Commission that this was not the only item needed that was missing.
Mr. Fernandez presented another project that a lot line adjustment did not require a Title Report; felt that partiality is being shown; through the whole ordeal his intent was to be honest and be a good citizen.
Chairman Black returned the meeting to the Commission for discussion.
Commissioner Westerhoff stated that after consideration, he favored Mr. FernandezÕ request. He felt that the Multiple Lot Moratorium caused most of the problem.
Vice Chairperson McCoy stated she felt from all of the owner transfers that they were trying to beat the system; that she was concerned that the City was not holding different properties to the same standards; that she leans in opposition to the appellant.
Chairman Black stated that he appreciated all of the documents provided by the appellant; that he could see the intent in what was done by the appellant.
CDD Powers explained that in their letters to Mr. Fernandez that staff tried to make it clear that he needed a Title Report; that there were some inconsistencies in the new code and at first it did not allow an appeal; and that is one reason we allowed an appeal at this late date.
Commissioner Westerhoff moved to grant Mr. FernandezÕ request and approve Resolution 2007-05 to allow Standards Modification 2006-32 and the whole project under the old code. The motion was seconded by Chairman Black and approved as follows:
AYES: Black and Westerhoff
NOES: McCoy
ABSENT: None
RECUSED: Grebbien and Liu
ITEMS FROM THE PLANNING COMMISSION
ITEMS FROM STAFF
8. MONTHLY COMMUNITY DEVELOPMENT DEPARTMENT REPORT
Written report accepted.
ADJOURNMENT
Chairman Black adjourned the August 28, 2007 Planning Commission Meeting at 10:14 p.m. He also noted that they need an alternate for the Planning Commission.
Larry Black, Chairman
ATTEST:
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Justin Powers, Community Development Director