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Agenda for Planning Commission

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LA HABRA
PLANNING COMMISSION AGENDA

REGULAR MEETING
MONDAY, OCTOBER 14, 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 Ramslad
 
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.
PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 23, 2024
 

That the Planning Commission approve the Planning Commission meeting minutes of September 23, 2024.
 
3.
EXTENSION OF TIME PERIOD FOR ABATEMENT FOR PUBLIC NUISANCE AT COYOTE VILLAGE LOCATED AT 901-997 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.
 
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.
DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR MODIFICATION 24-0004 TO PUD PRECISE PLAN 87-07 TO REMODEL AN EXISTING CAR WASH BUILDING AND SITE LOCATED AT 401 EAST IMPERIAL HIGHWAY
 
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, Class 1: "Existing Facilities," as it consists of minor alterations to an existing private structure involving no expansion of use. The existing structure is currently in operation as a car wash facility and will continue to be after the remodel is complete. Proposed renovations include the demolition of approximately 2,740 square feet of the existing 5,990 square foot building, a 1,012 square-foot extension to the car wash tunnel, and the addition of nineteen vacuum stalls and vehicle canopies.

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, APPROVING MODIFICATION 24-0004 TO PLANNED UNIT DEVELOPMENT (PUD) PRECISE PLAN 87-07 TO REMODEL AN EXISTING CAR WASH BUILDING AND SITE LOCATED AT 401 EAST IMPERIAL HIGHWAY, 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 15301, CLASS 1: "EXISTING FACILITIES" OF THE CEQA GUIDELINES
 
2.
DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT 24-0002 TO ESTABLISH AND OPERATE A DRIVE-THROUGH RESTAURANT (7 LEAVES CAFE) WITH AN OUTDOOR MENU BOARD AT 101 WEST IMPERIAL HIGHWAY
 
The 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. The project involves establishing and operating a new drive-through restaurant within an existing 1,900 square foot building that was previously occupied by a drive-through pharmacy. The project primarily involves facade improvements and interior tenant improvements. No new square footage is being proposed as part of this project; therefore, the building will not exceed 2,500 square feet in floor area. Furthermore, the existing site will essentially remain the same except for the addition of Americans with Disabilities Act (ADA) improvements and installation of new landscape material within existing planting areas.  The proposed restaurant will not involve the use of significant amounts of hazardous substances. The project is 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 project is not located along any state designated scenic highway nor within any designated hazardous waste site. The City 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 CONDITIONAL USE PERMIT 24-0002 TO ESTABLISH AND OPERATE A DRIVE-THROUGH RESTAURANT (7 LEAVES CAFE) WITH AN OUTDOOR MENU BOARD WITHIN AN EXISTING, LEGAL NON-CONFORMING BUILDING AND SITE LOCATED AT 101 WEST IMPERIAL HIGHWAY, 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.
 
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, October 28, 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