CITY OF LA HABRA HEIGHTS

MINUTES OF A REGULAR MEETING OF THE LA HABRA HEIGHTS

PLANNING COMMISSION

JULY 28, 1998

OPENING CEREMONIES

1.              CALL MEETING TO ORDER

A regular meeting of the La Habra Heights Planning Commission was called to order by Chairman Wible at 7:40 p.m. on July 28, 1998 at the Community Center, 1245 North Hacienda Boulevard, La Habra Heights, California.

2.         ROLLCALL

Those present were: Chairman Wible, Vice Chairman Newbre, Commissioners Maislen, Peller, Skinner and Alternate Martin. Also present were: Deputy Planner Tarr, City Attorney Daniels and Fire Chief Nelson. City Manager Doolittle was excused from the meeting.

3.         FLAG SALUTE

The flag salute was led by Chairman Wible.

4.                              ACKNOWLEDGEMENT OF POSTING OF AGENDA FOR MEETING OF JULY 28, 1998

Deputy Planner Tarr affirmed the posting of the Agenda in accordance with the statutes.

5.         APPROVAL OF MINUTES

Minutes of a Regular Meeting of March 24, 1998 and June 23, 1998.

Commissioner Maislen offered a motion to approve the March 24, 1998 minutes as presented, seconded by Commissioner Peller and approved as follows:

AYES:

NOES:

Maislen, Newbre, Peller, Skinner and Wible None

Minutes off Regular July 28, 1998

Planning Commission Meeting Page 1

The Planning Commission next considered the minutes of June 23, 1998.

Commissioner Maislen stated that on Item 15 there had been a discussion with the City Manager regarding the changes that were in the Grading and Zoning Ordinance revisions. Commissioner Maislen had suggested that italics be used for the changes areas rather than underlining them as some of the underlining had disappeared during processing and asked the City Manager to give the Planning Commission new copies of the draft of the grading ordinances using italics so they could tell what was changed and what was new. Mr. Maislen stated that his request to the City Manager was not in the minutes.

Chaim1an Wible stated that City Manager Doolittle told him he had not been able to finish the draft but would soon have it done.

Commissioner Maislen offered a motion to accept the minutes of June 23, 1998 as amended, seconded by Commissioner Peller and approved as follows:

AYES:

NOES:

Maislen, Newbre, Peller, Skinner and Wible None

OLD BUSINESS

6.         DISCUSSION OF REVISION TO GRADING AND ZONING ORDINANCES

The Commission agreed to postpone the discussion until the new draft was received.

Commissioner Maislen suggested that any study session date set should provide two weeks to consider the new paperwork.

NEW BUSINESS

Deputy Planner Tarr swore in those wishing to testify.

7.         CONDITIONAL USE PERMIT 98-03 (Hall/King)

Deputy Planner Tarr offered the staff report on Conditional Use Permit 98-03. He stated this was requesting approval for construction of a lighted tennis court at 2301 East Skyline Drive. The owners are Eddie and Jean King. He stated that both the General Plan and the Zoning Ordinance require a Conditional Use Permit. The General Plan is very specific that the effects of these courts maintain the rural lifestyle of La Habra Heights. This is an irregular shaped property and has two easterly side setbacks of 33 and 35 feet. The proposal complies with the setback standards in all directions. The nearest property with a tennis court is at 2455 Oak Ranch Road. There have been no complaints regarding the use of that Conditional Use Permit.

Minutes of Regular July 28, 1998

Planning Commission Meeting Page 2

Deputy Planner Tarr stated that the proposed court is to be in the northeastern portion of the site. The impervious coverage which would be increased on this property due to the tennis court it is less than one-half the maximum permitted by the Municipal Code.

The findings required by the Municipal Code are listed A through I in the staff report. Staff recommends approval of the Conditional Use Permit and the Categorical Exemption. Mr. Tarr stated conditions 1-5 are to be attached to this Conditional Use Permit He stated that the City Engineer suggested an additional condition. The City Engineer would like to see a full grading plan for this proposal at the time of the plan check. This would be condition number 6.

Commissioner Maislen asked for a clarification of the height of the retaining wall.

Chairman Wible stated they would ask the architect.

Commissioner Maislen stated that they needed a footcandle array check.

Commissioner Skinner asked if there had been any response from neighbors about this project.

Deputy Tarr stated there had been none.

Deputy Planner Tarr passed around posted photographs of the proposed site for the tennis court.

Chairman Wible opened the Public Hearing.

Freeman Han, architect, 9923 Nadine Street, Temple City, stated that the retaining wall height was shown on the preliminary grading plan. He stated the maximum height was four feet.

Mr. Han stated that he was aware that the ordinance allows one footcandle of light to spill out on the neighbors property and he will comply with this.

Commissioner Maislen expressed his concern whether a footcandle array will be conducted.. He stated that whatever lighting manufacturer they decide on using should provide them a footcandle array showing exactly what the footcandles are in the surrounding area and on the tennis court.

Deputy Planner Tarr swore in Stan Quade,

Minutes of Regular July 28, 1998

Planning Commission Meeting Page 3

Mr. Quade, 115 Encanada Drive, stated that he had helped write the ordinance on lighting for tennis courts and felt the City should not make it so hard to build a tennis court.

Vice Chairman Newbre stated that the neighboring house was lower than the proposed tennis court allowing more light spillage from the court to the adjacent property. He commented that condition number 4 specifies that the lighting fixtures are to be approved by the City Engineer and be shielded to prevent light spillage onto the adjacent property. Mr. Newbre stated that Staff should be very particular about the lighting and the spillage on the adjacent property. This is a "dark" community. He stated that he had no other adverse comments about the project

Commissioner Skinner asked if there would be considerable cut and fill.

Vice Chairman Newbre explained that there would be very little cut and fill.

Commissioner Skinner expressed her concern whether canvas was proposed to cover the chain link fencing around the tennis court. She stated that people driving up Oak Ranch Road toward the tennis court could be blinded by the court's lighting.

Vice Chairman Newbre stated that the plan showed a fast-growing tree better around the fence.

Commissioner Skinner stated that landscaping can change and she does not like to rely on it. She stated that other than the lighting and the canvas screening she had no problem with the tennis court.

Chairman Wible closed the Public Hearing.

The Planning Commission agreed to add Condition 7 that the plans shall include a footcandle array.

Commissioner Skinner asked if there is a way to correct the lighting if it becomes a nuisance at a later date.

Vice Chairman Newbre explained that Condition 5 states if anything becomes a public nuisance the City can carry out enforcement procedures.

Deputy Planner Tarr stated that with a Conditional Use Permit additional conditions can be added. The City Engineer had requested Condition number 6 stating that there would be a full grading plan be added.

Commissioner Peller offered a motion that Conditional Use Permit 98-03 be approved subject to the addition of Condition 6 relative to providing a full grading plan and

Minutes of Regular

July 28, 1998

Planning Commission McCall lug Page 4

Condition 7 to include a foot-candle array determination on adjacent properties, seconded by Commissioner Maislen and approved as follows:

AYES:

NOES:

Maislen, Newbre, Peller, Skinner and Wible None

Deputy Planner Tarr informed the applicant and architect for the project that a Public Hearing will be held on the Conditional Use Permit by the City Council at the next regular meeting. The applicant will be notified in writing.

8.         CONDITIONAL USE PERMIT 98-04 (La Habra Heights Fire Department)

Chairman Wible stated that Items 8-11 are related. They are all Conditional Use Permits having to do with La Habra Heights Fire Department.

Deputy Planner Tarr presented the staff report on Conditional Use Permit 98-04, a request to establish auxiliary Fire Station Number 2 at 1768 Le Flore Drive. The property is owned by Mark and Denise Schnitzer on lease to the Fire Department for this auxiliary station. He stated that it is composed of a 500 square foot garage which would house a brush unit used primarily for combating wildland fires. He stated that the particular site is unimproved except for some benching which indicates past orchard cultivation. The proposed fire station would be parallel to Le Flore Drive on one of the lower benches. Mr. Tarr stated that there is a small spur road that doubles back to the lower bench. Some minor grading would be necessary to achieve smoother ingress and egress to Le Flore Drive.

Mr. Tarr stated that the brush unit would only be used when needed for that type of fire and two or three firefighters would arrive at the station, park on one of the adjacent benches and then deploy the brush unit to the fire scene. There is no improved parking on site, but after the grading the spur could be negotiated by most vehicles.

Mr. Tarr stated that the desire for auxiliary fire stations is in keeping with the City's General Plan goal number 5 which is to "reduce potential fire ... hazards". This station, as well as the other three proposed, is a way of addressing safety concerns and broadening the fire service capability throughout the city. Therefore Staff urges that the Planning Commission make the findings as specified in the staff report listed A through I, certify the proposed Negative Declaration for the project, and pass the attached Resolution which imposes the three conditions as specified in the staff report.

Vice Chairman Newbre stated that the submitted plans are inadequate.

Deputy Planner Tarr stated that the actual plans will be upgraded to show more particularly the width of the access drive and its configuration. He stated the grading

Minutes of Regular

July 28, 1998

Planning Commission Meeting Page 5

might not even require a permit due to the small amount. It will be mostly a smoothing out of the drive. He stated that the location of the building is in accord with all the development standards.

Vice Chairman Newbre asked what type of finish will be used for the parking area and the driveway.

Deputy Planner Tarr answered that it would just be bare earth at this time. Nobody would be staying at the site. The driveway would also be just compacted earth.

Mr. Tarr explained the the lease agreement states that it can be terminated by either party with a 90 day notice.

Commissioner Maislen questioned the height of the building.

Deputy Planner Tarr stated that it was under 14 feet

Commissioner Maislen asked how this project would impact the neighborhood.

Fire Chief Nelson replied that this area was basically surrounded by trees and the structure would be painted green to blend in.

Commissioner Skinner expressed her concern with the lack of detail of the site plan. She asked how this could be handled. She felt the usual site plans were much more detailed.

Fire Chief Nelson stated that he agreed with Vice Chairman Newbre's suggestion to propose as part of the condition of approval that more detailed plans would be forthcoming. He stated that he did not intend to take it before the City Council for a final approval until the September City Council Meeting. He could have the plans before the Planning Commission by their August meeting.

Chairman Wible asked that the Planning Commission to decide if there was enough information to go forward with a decision tonight.

Commissioner Maislen felt they should clarify with Fire Chief Nelson any questions the Planning Commission might have and then continue all four Conditional Use Permits until next month when they have formal site plans and can be approved.

Vice Chairman Newbre agreed and asked what the style of these buildings would be and what materials would be used.

Fire Chief Nelson answered that they would be made of wood with aluminum roofing. He stated that it would be a simple storage shed style that they would build themselves.

Minutes of Regular July 28, 1998

Planning Commission Meeting Page 6

Vice Chairman Newbre asked if this would require a building permit and approval.

Deputy Planner Tarr answered in the affirmative.

Deputy Planner Tarr stated that in answer to an earlier question by Commissioner Skinner that the City does not often assess plans that talk about temporary structures so the site plans are not submitted in the same manner as for a permanent structure. It is not anticipated that any of these structures will be of permanent status.

Vice Chairman Newbre felt that in order to make a decision they needed more precise and detailed information. If this information can be brought back at the August Planning Commission meeting, such as setback areas and impact on neighbors they could then make an informed decision.

Commissioner Maislen asked if there was any electricity or water at the site.

Deputy Planner Tarr answered in the negative.

Commissioner Skinner stated that if a resident was building a 500 square foot storage shed it would not come before the Planning Commission.

Deputy Planner Tarr stated that these items are coming before the Planning Commission because the Code requires fire stations to receive a conditional use permit. In this context it is the uses rather than the structures that come before the Planning Commission.

The Planning Commission discussed whether there was any permanency to the auxiliary stations. It was brought out that it could stretch from 90 days to 90 years depending on the relationship with the owners and the Fire Department l S needs.

Fire Chief Nelson stated that all of the stations were in locations to better improve the fire response.

Alternate Martin asked if the Planning Commission was approving the concept or the particulars of the building.

Chairman Wible explained that it was the "use" that was before them for the Conditional Use Permit but the buildings have to be approved also.

Alternate Martin asked if the Planning Commission could take action on the use or do they have to wait for further detailed plans.

Chairman Wible stated that it had been agreed to present more detailed plans.

Minutes of Regular July 28, 1998

Planning Commission Mccting Page 7

Fire Chief Nelson stated that the setbacks had been measured and the only one that needs a variance was at the La Habra Heights Christian Church and a request for a variance is included with that item.

Deputy Planner Tarr stated that they had received a fair amount of public approval for the stations in announcing the Public Hearings on these items.

Fire Chief Nelson handed out letters to the Planning Commission members.

Chairman Wible opened the Public Hearing.

Nina Gucrini, 1747 Le Flore, stated her concern with the effect a fire engine siren would have on her neighborhood. She stated that the address of the property for auxiliary station Number 2 was not in the public records. She stated that one neighbor did not receive a notification and hers went to her mother's house. Ms. Guerini suggested the City Post a notice at that property since there is no address showing.

Deputy Planner Tarr stated that a notice was sent to the neighbor, Mr. Miller. He stated that the mailings go by the assessor's records. A notation has been made of the correct address for Ms. Guerini so she will be notified of any future hearings. He stated that the City did create the 1768 Le Flore Drive address because no address existed.

Chairman Wible stated that a sign would be placed at the site to identify it.

Commissioner Maislen felt that any project which is as impOJ1ant as these stations for response times to protect the City deserved to have a drawing of the planned project placed on the site to alleviate any concerns the neighbors might have about the effect of the looks or property value in the neighborhood. The drawing could be laminated and show that it would be surrounded by trees. If anyone has legitimate concerns they can be at the August Planning Commission meeting to express their concerns.

Jim Hartsock, 2025 Deep Canyon Road, stated his concern of noise coming from the station, especially at night from the site considered under Item 9 for Conditional Use Permit 98-05 at 2015 Deep Canyon Road.

Fire Chief Nelson stated that there was a possibility that Station 3 would be manned by a couple of people, but this would be only in the daylight hours. He stated that they had a standard not to hit red lights or siren until they reach the main road ..

Mr. Hartsock stated that during construction he wanted to be sure his access in and out was available. He asked that they monitor parking and trash. He would like to make sure the greenery between his home and the pad for the engine shed stays intact Mr. Hartsock

Minutes of Regular July 28, 1998

Planning Commission Meeting Page 8

stated that the driveway needs to have some kind of finish as it has nmoff during the rainy season and could be a problem. He also stated his concern about oil spills if any maintenance was done there.

Fire Chief Nelson assured Mr. Hartsock that all maintenance was done at Station 1 or at Santa Fe Springs.

Mr. Hartsock stated that he would like a copy of the plans when they were done and to be allowed to make comments as the project moves along.

Chairman Wible stated that the Public Hearing would not be closed as it would be continued to the next Planning Commission meeting.

Commissioner Peller asked where the trucks would be cleaned when they came back from a run such as a brush fire.

Fire Chief Nelson answered that the vehicles are cleaned, serviced and restocked at Station I and then moved to their locations.

Commissioner Peller asked to see a readable site plan, building dimensions including the height, and a little information on the general appearance of the building at the next Planning Commission meeting. Mr. Peller warned against the fire stations looking like metal shipping containers as this was a real sore point with residents.

9.         CONDITIONAL USE PERMIT 98-05 (La Habra Heights Fire Department)

The Planning Commission did not consider Item 9 due to lack of detailed information.

10.       CONDITIONAL USE PERMIT 98-06 (La Habra Heights Fire Department)

The Planning Commission did not consider Item 10 due to lack of detailed information

11.       CONDITIONAL USE PERMIT 98-07 (La Habra Heights Fire Department)

The Planning Commission did not consider Item 11 due to lack of detailed information.

Commissioner offered a motion that the Planning Commission continue Conditional Use Permits 98-04, 98-05, 98-06 and 98-07 to the next regularly scheduled Planning Commission meeting on August 25, 1998 at 7:30 p.m. in the Multi-Purpose room, seconded by Commissioner Maislen and approved as follows:

AYES:

NOES:

Maislen, Newbre, Peller, Skinner and \Wible None

Minutes of Regular July 28, 1998

Planning Commission Meeting Page 9

Commissioner Skinner was excused for an appointment at 9: 14 p.m.

COMMENTS ON MATTERS NOT ON THE AGENDA

12.       ITEMS FROM THE PUBLIC

Stan Quade, 115 Encanada, stated that he did not understand how the firemen could man the engines at night with no electricity at the auxiliary station on Le Flore. Mr. Hartsock had stated that there was some arrangement for electricity and water.

Chairman Wible stated that the situation would be different on the individual sites.

City Attorney Daniels stated that the matter should be deferred to the next hearing. The matter has been continued to permit members of the public and the Planning Commissioner to communicate on the item. Mr. Quade will have the opportunity to communicate at the continued hearing.

Mr. Quade stated that a garage he wants to build is a 600 square foot building. The Fire Marshal stated that he needed a sprinkling system in this garage. Mr. Quade continued that the Code states that any building exceeding 1000 square feet would need a fire sprinkling system. Mr. Quade continued that the Fire Marshal sent him to the Fire Chief He gave all his information to the Fire Chief and has not heard from him as yet. Mr. Quade asked how a 600 square foot garage falls in the category of over 1000 square foot buildings needing a sprinkler system.

City Attorney Daniels suggested that the Staff and Mr. Quade come together after the Planning Commission meeting to discuss the matter.

Mr. Quade stated that when he built his tennis court the side yards were established. Now for the purpose of the garage Staff is changing where the side-yard and front yard are located.

This increases the setback to 35 feet and he cannot move any further back because of the septic tank.

Paul Spothelfer, 1281 West Road, stated he was concerned that Staff would decide any building under 1000 square feet required a sprinkler system.

Commissioner Maislen stated that it should not have taken so long for Mr. Quade to get a 600 square foot garage for his place.

Minutes of Regular July 28, 1998

Planning Commission Meeting Page 10

Commissioner Maislen offered a motion to adjourn the meeting to the date of August 25, ] 998, seconded by Vice Chairman Newbre and approved as follows:

AYES:

NOES:

ABSENT:

Maislen, Newbre, Peller and Wible None

Skinner

Chairman Wible adjourned the Planning Commission meeting at 9:25 p.m.

John Wible, Chairman

ATTEST:

Brad Tarr, Deputy Planner

Minutes of Regular July 28, 1998

Planning Commission Meeting Page 11