CITY OF LA HABRA HEIGHTS

 

REGULAR MEETING MINUTES

 

OF THE PLANNING COMMISSION

 

MAY 27, 2008

 

 

OPENING CEREMONIES

 

1.        CALL MEETING TO ORDER

 

            Chairman Larry Black called the May 27, 2008 Regular Planning Commission Meeting to order at 7:07 p.m. in the Multi-Purpose Room at 1245 Hacienda Road, La Habra Heights, California.

 

ROLL CALL

 

            Present: Chairman Larry Black, Vice Chairperson Margarita McCoy, Commissioners Brent Grebbien, Tony Liu and Carl Westerhoff.

 

            Also present: Community Development Director (CDD) Justin Powers, and Planning Commission Counsel Daniel Ballin.

 

2.              FLAG SALUTE

 

Norm Zezula led the flag salute.

 

3.              ITEMS FROM THE PUBLIC NOT ON THE AGENDA

 

3-minute time limit per speaker.

 

Norm Zezula stated that the General Plan stands for our Constitution and we have copies of the meetings that formed the General Plan and some members of this Commission have demeaned the notion that the General Plan stands as our Constitution. Commissioner McCoy had a part in the meetings that formed the General plan. Mr. Zezula noted that some of the Commissioners who were not at those meetings and possibly have not even listened to the tapes, tell her in essence that she does not know what the intentions were when the General Plan was written; Mr. Zezula mentioned her experience and awards in the General Plan area; They should pay more attention when she tells them what will happen from their Code changes.

 

CONSENT CALENDAR

 

4.              APPROVAL OF MINUTES FOR APRIL 3, 2008

 

RECOMMENDATION: That by Minute Action the Planning Commission approve Planning Commission Minutes for April 3, 2008.

 

Chairman Black noted that line number 184, page 4, states “Vice Chairperson McCoy noted that Chairman Black had written a letter stating that there will be no more projects come through under the old code.” He stated that he did not write such a letter.

 

            Vice Chairperson McCoy explained that she believed that it was a statement made by Attorney Larry Permaul at our meeting.

 

            Chairman Black commented that she must have mentioned Larry and it was thought you meant Larry Black.

 

            Commissioner Westerhoff moved to approve the Special Planning Commission minutes of April 3, 2008 as amended. The motion was seconded by Chairman Black and approved as follows:

 

            AYES: Black, Grebbien, Liu, McCoy and Westerhoff      

            NOES: None

            ABSENT: None

 

PUBLIC HEARINGS

 

5.         MUNICIPAL CODE AMENDMENT

 

            a.   Section 7.14.40 (H) of Chapter 7.17 (Grading, Retaining Walls and Hardscape) Standards of Article 7

 

            b.   Section 7.19.80 Table 7-12 of Chapter 7.19 (Zoning Administration) Standards Modifications of Article 7

 

            c.   Section 12.2.10 of Chapter 12.2 (Definitions) of Article 12 (Definitions) of the La Habra Heights Municipal Code.

 

            RECOMMENDATION: That the Planning Commission take public testimony, discuss the proposed changes and direct staff to prepare a resolution and bring it back to the Planning Commission on June 24, 2008.

 

            CDD Powers explained that these are Code amendments being brought back to the Planning Commission and some Commissioners stated they thought Item (5 b) had already been voted on and the only reason that it has come back is because Item (5 c) is connected as we have also added a definition for “Agricultural Grading” and “All Weather Surface”. We found at the last Planning Commission Meeting that the definition for “All Weather Surface” included a requirement that it had to be Impervious and we wanted to broaden this to cover either Pervious or Impervious and the Fire Department would be able to drive on it. It would allow either Pervious or Impervious driveways.

 

            Vice Chairperson McCoy noted her concern that they did not have enough information about pervious materials. She felt it was not proper to consider changing an Ordinance when we do not have such information.

 

            Commissioner Westerhoff stated that he did not understand what the Public Comments would be about for item “5, a” or what we are to take action on.

            Planning Commission Counsel Ballin stated that it would be good if the CDD can give a little more information on what staff would like from the Commission on item 5a. and then have Public comment.

            CDD Powers explained that Staff is recommending that Pervious material for outdoors used for parking areas not covered by a structure or improvement shall not be counted as Hardscape. The words “except as follows:” has been added and lists coverage that would be counted as Hardscape and excludes gravel completely.

 

            Chairman Black opened the Public Hearing for comment.

 

            Norm Zezula stated that you cannot weaken or change Definitions in the Code without affecting the policies of the General Plan that you might not want to affect; he stated examples that the changes being recommended might bring; it is irrational to count one part of a driveway as impervious and one part as not, as it is all driveway; it would promote overdevelopment of steep hillsides and the results will be larger houses and more items on the hillsides; the results will be contrary to the proposed reasons for the Code amendments that they state.

 

            Stephen Blagden, Citron Road, stated that the Code Committee reversed item “5a” and it seems odd that you would go ahead with an item that the Code Committee has reversed, or modified the major changes that you as the Commission approved; you should continue “5a” until you get the Code Committee’s recommendation; the Code Committee recommended removing pervious concrete from parking spaces, turf block was left in as a possibility for parking spaces; he stated that a typical turf block has only 40% open space and you are giving 100% credit for it; should be no more than 25%; the turf block would increase the irrigation needs and need maintenance to keep it open; the definitions need more detail; he mentioned more information on Agricultural Grading additions and also additions to All Weather Surface; add alternative paving ideas agreed to by the CDD.

 

            Chairman Black closed the Public Hearing and brought it back to the Commission for discussion.

 

            The Commission discussed Item “5a” for a recommendation to the City Council on this Item.

 

            Vice Chairperson McCoy commented that if you want to approve porous concrete as a pervious surface, you have to adopt an Ordinance that requires maintenance and inspection of it.

 

            Commissioner Westerhoff asked if the CDD’s understanding of the current Code is that pervious materials are permitted or not permitted for parking spaces.

 

            CDD Powers stated that the definition of All Weather Surfaces requires it to be Impervious.

 

            Commissioner Westerhoff stated that pervious surfaces are not currently permitted and if we adopt the recommendation of Item “5a” and do not adopt the change recommended in “5c”, Item “5a” would actually not be approved.

 

            The Commission continued with their discussion.

 

            Planning Commission Counsel Ballin stated that since there is no definition of the term Pervious, the controversy on whether to use it or not, will continue in the future.

 

            CDD Powers stated that when there is such an issue, the Engineering Department deals with it. They would formalize the process on how to deal with whatever it is. He stated that they went through the pervious question with the City Engineer. Their only question is when or where you are going to use it on a case by case basis. The question is whether they can use Pervious as a Hardscape or not count it as Hardscape.

 

          Planning Commission Counsel Ballin stated that you don’t have to recommend this to the Council as currently worded tonight, you could ask that Staff bring it back and also if you include a definition of Pervious Material. Mr. Ballin stated that he was of the opinion that they should make a motion on each item separately and discuss it after the motion.

           

            Commissioner Westerhoff moved to adopt Items “5a” and “5c” as written and recommend it to the City Council. The motion was seconded by Chairperson Black.

           

            The Commission discussed the motion.

 

            Planning Commission Counsel Ballin explained that the definitions carry as much power as an Ordinance as they are part of the Code, have been adopted by Ordinance and help clarify what the meaning of the Ordinance is.

 

            Vice Chairperson McCoy asked that the words “no exporting or importing of earth” can be added to the definition of “Agricultural Grading”.

 

            The Commission’s consensus was that the definition did not need anything added.

 

            The motion was approved as follows:

 

            AYES: Black, Liu and Westerhoff

            NOES: Grebbien and McCoy

            ABSENT: None

 

            Chairman Black moved to approve Item “5b” as written. The motion was seconded by Commissioner Liu.

 

            Commissioner Westerhoff asked that the motion be amended to read that Item 5b be approved with the language used when approved at the last meeting to include the word “total” after the number ‘two’ for administrative limits and after the number ‘three’ for Planning Commission.

 

            Chairman Black and Commissioner Liu agreed to the amendment.

 

            Commissioner Westerhoff noted that this language is what was passed at the last Commission meeting and is not shown on “5b” tonight.

 

            The motion as amended was approved as follows:

 

            AYES: Black, Grebbien, Liu, McCoy and Westerhoff

            NOES: None

            ABSENT: None

 

6.         STATUS REPORT OF FUTURE MUNICIPAL CODE AMENDMENTS

 

            RECOMMENDATION:     Staff will present items for discussion, the Planning Commission will determine if these items will be agendized for further discussion and action.

 

            CDD Powers stated that at the last Planning Commission Meeting when we were looking at Municipal Code Amendments, there was a section left blank concerning legal nonconforming structures, land uses and lots, for Ministerial, Administrative and Planning Commission limits. Staff is looking at potential amendments to the Code and we will try to get back to you on this item as soon as possible. At the last Meeting we exempted the driveway footage outside of the first 35 feet from the hardscape. We should have also included grading allowance with that and we will bring back the potential amendment for a similar grading allowance.

 

            Planning Commission Counsel Ballin explained that at the Development Code Committee Meeting they considered some items the Planning Commission had already approved. Since there are suggestions by the Development Code Committee, we can bring the items back for the Planning Commission to reconsider for amendments to what they have previously approved or it can direct Staff to forward the Development Team suggestions to the City Council.

 

            CDD Powers stated that the Commission can also agendize other items they would like to discuss.

 

            Chairman Black opened the Public Hearing for Public Comment.

 

            Stephen Blagden, Citron Road, stated that the Code changes approved were incomplete and with large loopholes; definitions are not needed for every word, unless otherwise defined, they take the dictionary ordinary meaning; he stated that at the Development Team Meeting, concerning exempting grading for driveways, they decided to get rid of the grading exemption instead and increase the Hardscape limit with new specific findings for hardship reasons. Mr. Blagden asked that Counsel clarify that the Code Committee recommendation has no weight.

 

            Norm Zezula noted that the Code Amendments would change approvals made over the last 30 years, both individuals and sub-divisions; Most of the conditions were imposed to make the parcels conform to the General Plan; relaxation of imposed conditions have to be made on a case by case basis; Mr. Zezula stated that he would like language added to all of these proposals that changes in the current Code would not change previous conditions of approval;

 

            Chairman Black closed the Public Hearing and brought it back to the Commission.

 

            Chairman Black asked that they work out a definition for Pervious and Impervious to be brought back to the next meeting.

 

            Commissioners Westerhoff and Liu asked that the Fences and Walls Code be brought back for discussion.

 

            Vice Chairperson McCoy wanted Views brought back for discussion.

 

            Commissioner Westerhoff stated that he would like the suggestions or actions taken by the Development Team not to come before the Planning Commission but to be reviewed by the CDD and brought forward to the Planning Commission as Staff suggestions.

 

           

 

ITEMS FROM THE PLANNING COMMISSION

 

ITEMS FROM STAFF

 

7.         MONTHLY COMMUNITY DEVELOPMENT DEPARTMENT REPORT

 

            RECOMMENDATION:      Receive and File Report

 

            Chairman Black moved to receive and file. The motion was seconded by Commissioner Westerhoff and approved as follows:

 

            AYES: Black, Grebbien, Liu, McCoy and Westerhoff

            NOES: None

            ABSENT: None

 

ADJOURNMENT

 

            Chairman Black asked for residents to volunteer for service to their City and adjourned the May 27, 2008 Planning Commission Meeting at 8:53 p.m.