PC 022008 Special Mtg - Laserfiche WebLink

terms of height and setback restrictions. She added that a vast majority of fire pits are portable and do not require City permits, which could be problematic to regulate. She indicated that because the issue of outdoor burning has been only recently raised by the public, staff has not had the opportunity to thoroughly investigate what existing regulations address this; however, staff can look into this if the majority of the Commissioners desire that this be done. Ms. Stern then briefly reviewed the changes made to the background text. She pointed out a misstatement in the text regarding nuisance having to be something that is recognized by multiple people; she indicated that Ms. Harryman had noted that it is possible to have nuisance with only one person. Ms. Harryman read a section on page 9-8 of the redline copy that states that odor would be considered a nuisance if it bothered a widespread segment of the population and not just a handful. She clarified that this is not quite accurate as one person can have a private nuisance action against a neighbor. Ms. Stern indicated that this refers to how BAAQMD investigates problems, generally giving more weight to problems that have multiple call-ins over a 90-day period. She added that this section can be qualified by adding the phrase "According to BAAQMD...." Commissioner Pearce inter] ected that the discussion in the preceding sentence pertains to public nuisance rather than private nuisance, in which case the statement on the nature of public nuisance would makes sense. Ms. Harryman concurred with Commissioner Pearce's observation but added that a statement that this is BAAQMD's policy would help to clarify the sentence. Commissioner Olson inquired if this odor nuisance is included in the Pleasanton Municipal Code. Ms. Harryman replied that the Code refers to nuisance in broad terms but does not have a section that specifically addresses the issue. She added that she could research on the language if the Commission wishes. Ms. Stern reiterated that BAAQMD does regulate odor nuisance and responds to public complaints. Ms. Stern then reviewed the changes made to the Goals, Policies, and Programs. She pointed out that the discussion on the new Policy 6 on reducing greenhouse gases is general at this point. She indicated that after the International Council for Local Environmental Initiatives (ICLEI) puts together an inventory of greenhouse gases, more definitive kinds of policies and programs can be put in place. She added that ICLEI will also assist in developing a program relating to reducing greenhouses gases that the City may choose to adopt. PLANNING COMMISSION MINUTES, February 20, 2008 Page 3 of 18