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Agenda for Planning Commission

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LA HABRA
PLANNING COMMISSION AGENDA

REGULAR MEETING
MONDAY, SEPTEMBER 9, 2024
6:30 P.M.
COUNCIL CHAMBER
100 EAST LA HABRA BOULEVARD
LA HABRA, CALIFORNIA 90631


Please note that should all business not be concluded by 10:00 p.m., the Chair shall either authorize an extension of time to said meeting or continue all unfinished items to a future meeting, date certain, or date uncertain.

 
CALL TO ORDER: Council Chamber
 
PLEDGE OF ALLEGIANCE:
 
 
ROLL CALL: Chair Manley
Vice Chair Mahecha
Commissioner Cardenas
Commissioner Gomez
Commissioner Ramsland
 
PUBLIC COMMENTS: When addressing the Commission, please complete a Speaker's Card before leaving the Council Chamber.
 
Public Comments shall be received at the beginning of the governing body meeting and limited to three (3) minutes per individual, with a total time limit of 30 minutes for all public comments, unless otherwise modified by the Chair.  Speaking time may not be granted and/or loaned to another individual for purposes of extending available speaking time, and comments must be kept brief, non-repetitive, and professional in nature.

The general Public Comment portion of the meeting allows the public to address any item of City business not appearing on the scheduled agenda. Per Government Code Section 54954.3(a), such comments shall not be responded to by the governing body during the meeting.
 
 
CONSENT CALENDAR:
 
 Senate Bill 1439 ("SB 1439") amended Government Code Section 84308 to expand the regulation of campaign contributions in excess of $250 from donors involved in certain matters before the legislative body. If the donor has a matter pending before the agency, and the official received a campaign contribution from the donor in excess of $250 in the prior 12 months, the official must publicly disclose the contribution and cannot in any way participate in the decision of the matter. The donor also has a duty to disclose the contribution on the record. In the 12 months following the decision, a local official cannot receive campaign contributions in excess of $250 from a donor with an economic interest in the governmental decision. Public officials are encouraged to closely track all campaign contributions which collectively exceed $250 in any 12-month period from any single source.

All matters on Consent Calendar are considered to be routine and will be enacted by one motion unless a Commissioner, City staff member, or member of the audience requests separate action or removal of an item. Removed items will be considered following the Consent Calendar portion of this agenda. Public comment shall be limited to three (3) minutes per individual, with a total time limit of 30 minutes per item that has been removed for separate discussion, unless otherwise modified by the Chair. Speaking time may not be granted and/or loaned to another individual for purposes of extending available speaking time, and comments must be kept brief, non-repetitive, and professional in nature.
 
1.
PROCEDURAL WAIVER:  Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title only.
 
2.
EXTENSION OF TIME PERIOD FOR ABATEMENT FOR PUBLIC NUISANCE AT COYOTE VILLAGE LOCATED AT 901-977 WEST IMPERIAL HIGHWAY
 
The recommended action of extending the time period for abatement was reviewed pursuant to the California Environmental Quality Act (CEQA) Guidelines and found to not be a project as defined under Section 15378(b)(5) because such extension is an administrative action only, and, therefore, is exempt from CEQA review.
 
That the Planning Commission adopt the following resolution:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, GRANTING A THIRTY-DAY EXTENSION TO THE TIME PERIOD FOR ABATEMENT FOR THE PUBLIC NUISANCE LOCATED AT 901-977 WEST IMPERIAL HIGHWAY.
 
3.
PLANNING COMMISSION MEETING MINUTES OF AUGUST 26, 2024
 

That the Planning Commission approve the Planning Commission meeting minutes of August 26, 2024.
 
CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION:
 
PUBLIC HEARINGS:
 
Public comments shall be limited to five (5) minutes per individual, with a total time limit of 60 minutes for all public comments, for each individual Public Hearing item on the agenda, unless otherwise modified by the Chair.  Comments must be kept brief, non-repetitive, and professional in nature.
 
1.
A DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR DESIGN REVIEW 24-0007 TO CONSTRUCT A 19-UNIT APARTMENT COMPLEX ON THE SOUTHEAST CORNER OF STEARNS AVENUE AND SUNSET STREET, AT 1002, 1010, AND 1026 EAST STEARNS AVENUE (ASSESSOR'S PARCEL NUMBERS: 303-113-01, -02, AND, -03).
 
This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15332, Class 32: "In-fill Development Projects" of the CEQA Guidelines in that the project is consistent with the General Plan designation and all applicable General Plan policies and with the applicable zoning designation and regulations, the project site is less than five acres and surrounded by urban uses, the project site has no value as habitat for rare or endangered species, approval of the project would not result in significant impacts to traffic, noise, air quality or water quality, and the site can be adequately served by all utilities and public services. The project is also not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The project is not located along any state-designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the project.
 
That the Planning Commission approve and adopt:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING DESIGN REVIEW 24-0007 TO CONSTRUCT A 19-UNIT APARTMENT COMPLEX ON THE SOUTHEAST CORNER OF STEARNS AVENUE AND SUNSET STREET, AT 1002, 1010, AND 1026 EAST STEARNS AVENUE (ASSESSOR'S PARCEL NUMBERS: 303-113-01, -02, AND, -03), AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332, CLASS 32: "INFILL DEVELOPMENT PROJECTS" OF THE CEQA GUIDELINES.
 
2.
DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR DESIGN REVIEW 24-0003 TO CONSTRUCT A TWO-STORY DWELLING UNIT COMPRISED OF A SINGLE-UNIT RESIDENCE WITH AN ATTACHED ACCESSORY DWELLING UNIT (ADU) AT 114 SOUTH COLLEGE STREET (ASSESSOR'S PARCEL NUMBER 298-132-03)
 
This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15303, Class 3: "New Construction or Conversion of Small Structures" of the CEQA Guidelines. Section 15303(a) provides an exemption for one single-family residence, or a second dwelling unit in a residential zone. This project involves the construction of one single-unit dwelling with an attached accessory dwelling unit (ADU). The project is also not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the Project is predominantly urban and not considered a sensitive environment; therefore, the Project will not result in any significant impacts that may otherwise occur in a sensitive environmental area. The cumulative impact of this Project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The Project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this Project. Therefore, the Project is categorically exempt from CEQA.
 
That the Planning Commission approve and adopt:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING DESIGN REVIEW 24-0003 TO CONSTRUCT A TWO-STORY DWELLING UNIT COMPRISED OF A SINGLE-UNIT RESIDENCE WITH AN ATTACHED ACCESSORY DWELLING UNIT (ADU) AT 114 SOUTH COLLEGE STREET, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3: "NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES" OF THE CEQA GUIDELINES
 
3.
DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR DESIGN REVIEW 24-0006 TO CONSTRUCT A TWO-STORY DUPLEX AND TWO DETACHED SINGLE-STORY ACCESSORY DWELLING UNITS (ADUS) AT 729-731 WEST FOURTH AVENUE (ASSESSOR'S PARCEL NUMBER 298-051-03)
 
This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15303, Class 3: "New Construction or Conversion of Small Structures" of the CEQA Guidelines. Section 15303(b) provides an exemption for a duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, the exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. The project involves the construction of one duplex with two detached accessory dwelling units (ADUs).

The project is also not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the project is predominantly urban and not considered a sensitive environment; therefore, the project will not result in any significant environmental impact. The Project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the project. Therefore, the project is categorically exempt from CEQA.
 
That the Planning Commission approve and adopt:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING DESIGN REVIEW 24-0006 TO CONSTRUCT A TWO-STORY DUPLEX AND TWO DETACHED SINGLE-STORY ACCESSORY DWELLING UNITS (ADUS) AT 729-731 WEST FOURTH AVENUE, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3: "NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES" OF THE CEQA GUIDELINES.
 
4.
DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR MODIFICATION 23-01 TO AMEND CONDITIONAL USE PERMIT 90-57 TO ALLOW THE OPERATION OF A DRIVE-THROUGH AT AN EXISTING RESTAURANT (BIRRIERIA GUADALAJARA) LOCATED AT 1100 EAST LA HABRA BOULEVARD (ASSESSOR'S PARCEL NUMBER 298-133-20)
 
This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15301(a), Class 1: "Existing Facilities" of the CEQA Guidelines because the project involves a negligible expansion of use. The project involves the use of an existing drive-through window at an existing fast food restaurant. The project does not require any new construction and/or modifications to the existing building and/or site. The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval of this project. Therefore, the project is categorically exempt from CEQA.  
 
That the Planning Commission approve and adopt:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING MODIFICATION 23-01 TO AMEND CONDITIONAL USE PERMIT 90-57 TO ALLOW THE OPERATION OF A DRIVE-THROUGH AT AN EXISTING RESTAURANT (BIRRIERIA GUADALAJARA) LOCATED AT 1100 EAST LA HABRA BOULEVARD, AS PER THE APPROVED SITE PLAN AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301(A), CLASS 1: "EXISTING FACILITIES" OF THE CEQA GUIDELINES.
 
CONSIDERATION ITEMS:
 
Any member of the audience may request to address the Commission on any Consideration Item, prior to the Commission taking a final vote on the item.  Public comment shall be limited to three (3) minutes per individual, with a total time limit of 30 minutes per Consideration Item, unless otherwise modified by the Chair. Speaking time may not be granted and/or loaned to another individual for purposes of extending available speaking time, and comments must be kept brief, non-repetitive, and professional in nature.
 
COMMENTS FROM STAFF:
 
COMMENTS FROM COMMISSIONERS:
 
ADJOURNMENT: Adjourned to Monday, September 23, 2024, at 6:30 p.m. in the City Council Chamber, 100 East La Habra Boulevard.
 
   
  Except as otherwise provided by law, no action shall be taken on any item not appearing in the foregoing agenda. A copy of the full agenda packet is available for public review at the Office of the City Clerk during regular business hours, and on the City's webpage at  http://www.lahabraca.gov/
       Materials related to an item on this Agenda submitted to the Commission after distribution of the agenda packet are available for public inspection at the Community and Economic Development Department at 110 East La Habra Boulevard, La Habra, during normal business hours.  
    In accordance with the Federal Americans with Disabilities Act of 1990, should you require a disability-related modification or accommodation, including auxiliary aids or services to participate in the meeting due to a disability, please contact the Community and Economic Development Department at least ninety-six (96) hours in advance of the meeting at (562) 383-4100.
      DECLARATION: This agenda was posted on the bulletin boards outside the south entrance of City Hall and the Council Chamber, where completely accessible to the public, at least 72 hours in advance of the Commission Meeting.
 
_____________________________________________
Veronica Lopez, Secretary