THE MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA. September 24, 2018

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1 ROLL CALL: PCM 9/24/18 PCM Approved THE MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA PRESENT: COMMISSIONERS: HANDLER, NIGSARIAN, FERNANDEZ, BERNIER, OTHERS PRESENT: DIR. OF COMM. DEV.: DEP. DIR. OF COMM. DEV.: PLANNING MANAGER: SENIOR PLANNER: ASSISTANT PLANNER: PLANNING COMMISSION SECRETARY: HO JARAMILLO RAMSLAND SCHAEFER LOPEZ HENDERSON The regular meeting of the Planning Commission of the City of La Habra was called to order at 6:30 p.m. in the Council Chambers. The flag salute was led by Commissioner Fernandez. CONSENT CALENDAR Chairman Powell explained the Consent Calendar procedure to the audience. He called attention to the speaker s cards to be filled out before speaking on any item before the Commission and to be left on the lectern. He asked if any members of the audience or the Commission wished any item removed. There were no items removed. MOVED BY Commissioner Handler, seconded by Commissioner Fernandez, and CARRIED UNANIMOUSLY TO APPROVE THE CONSENT CALENDAR ITEMS AS FOLLOWS: a. Approval of the minutes of the Planning Commission meeting of September 10, PUBLIC HEARINGS a. Consideration of a request for Design Review for façade and on-site improvements to an existing commercial center at South Harbor Boulevard. Assistant Planner Lopez presented the staff report to the Commission. Commissioner Nigsarian asked if the applicant would be required to install security cameras as part of this project. Assistant Planner Lopez answered that they were not. He explained that it would be a condition placed upon the tenants when they come before the Commission for approvals. Chairman Powell asked staff to explain the landscape requirement for the rear of the property. He expressed concerns that it would be an added burden and cost to the applicant when the improvements are unable to be seen from Harbor Boulevard. Assistant Planner Lopez provided a brief explanation.

2 Page 2 of 8 The Chair opened the public hearing and asked if there was anyone in the audience to speak in favor of the request. Ms. Christine Fong, project architect, 4218 West Oak Avenue, Fullerton, California came forward to address the Commission. Ms. Fong commented that their proposed project would be a great improvement to this property, which has needed upgrades for some time. She stated that she appreciated the Commissioners comments on the rear landscaping. Ms. Fong explained that the development team is spending a lot of money to make the improvements to the Harbor Boulevard frontage and would appreciate their consideration limiting the landscape at the rear of the property. Mr. BJ Kim, Sepulveda Boulevard Suite 290, Mission Hills, California came forward to address the Commission. Mr. Kim commented that the rear of the building is a dead end street and parking for residents of the adjacent condominiums with limited access to the back. He stated they would be okay with leaving the tree plantings, but asked for consideration to eliminate the screens which they felt would be a safety concern. Ms. Fong explained that the conditioned vines would require 2-3 foot planting space causing removal of parking spaces. Adding that the center is being primed for some fantastic restaurant tenants and they want to keep as much parking as possible. Chairman Powell asked if there are potential tenants. Mr. Kim responded they have signed leases, which shows the level of potential for this center. He noted there is a coffee store, sushi restaurant and other potential tenants that are standing by for city approvals prior to committing. There being no further speakers, in favor or in opposition, the Chair closed the public hearing. Vice Chair Bernier asked for the parking requirements. Assistant Planner Lopez stated that based on the current proposal 103 spaces are required and proposed are 107 spaces as per the site plan provided. Commissioner Fernandez stated he recalls this property had previously come before the Commission for installation of a remediation system for a plume at the rear of the property. He asked why it wasn t shown on the plans. Assistant Planner Lopez provided a brief explanation. Commissioner Nigsarian asked what could be done to ease the burden on the applicant concerning the landscape requirements. Assistant Planner Lopez expressed staff s concerns with not installing landscape screens along Ladera Terrace and explained the proposed landscape requirements. Deputy Director Jaramillo added that there are two landscape requirements placed on individual properties, street frontage and for parking area. That staff attempts to maximize the amount of parking available on site on already development properties to get as close as possible to meeting code requirements further providing brief explanation of the requirements. Vice Chair Bernier asked if this would hinder the parking on the site. Deputy Director Jaramillo stated that based on the parking requirements for this center, as a retail use, it exceeded the minimum standards, but that there needs to be an understanding that as restaurant tenants come into the center that parking requirement may increase. Commissioner Handler expressed concerns that the neighbors, on Ladera Palma, would negatively be impacted and the landscape requirements are for their benefit. He added concern there is only one trash enclosure noted on the plans and that he did not believe meets state requirements. He expressed his support for the request.

3 Page 3 of 8 The Chair asked for a motion. Moved by Vice Chair Bernier, Seconded by Commissioner Fernandez, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING DESIGN REVIEW FOR FAÇADE AND ON-SITE IMPROVEMENTS AT SOUTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. COMMISSIONERS: BERNIER, FERNANDEZ, HANDLER, NIGSARIAN, b. Request for Mitigation Negative Declaration of Environmental Impacts 17-02, Planned Unit Development Master Plan 17-01, Development Agreement 18-01, Tentative Parcel Map , Conditional Use Permit for the operation of a hotel, Conditional Use Permit for ABC Type 70 alcoholic beverage license in conjunction with the hotel, Conditional Use Permit for the establishment of a restaurant, Conditional Use Permit for the establishment of a restaurant, and Conditional Use Permit for a 20-foot tall free-standing sign at 701 through 751 East Imperial Highway Senior Planner Schaefer presented the staff report to the Commission. He noted the modification of Condition No. 3 to read: The applicant/developer shall construct the entire bicycle path along the eastern property line, to include a 6-foot tall tubular steel fence prior to issuance of Certificate of Occupancy for the first structure on the site or meet the requirement per alternate method as approved by the City Engineer. The design shall be reviewed and approved by the City Engineer prior to the start of construction. Commissioner Handler requested clarification of the Type 70 alcohol license and if whether the sale of alcohol is limited to guests only. Senior Planner Schaefer responded that per the ABC regulations guests of guest/users of the facility would also be able to purchase alcohol. Commissioner Nigsarian commented he did not have any concerns and expressed his pleasure with the project. Chairman Powell commented he had visited the location several times and looked forward to the bike trail. He added that he felt La Quinta hotels are a first class operation, which will become another landmark to the community. The Chair opened the public hearing and asked if there was anyone in the audience to speak in favor of the request. Mr. Greg Jones, applicant/jones Real estate, 440 West Whittier Boulevard, La Habra, California came forward to address the Commission. Mr. Jones thanked Senior Planner Schaefer for his presentation and added that it has been a pleasure working with him to bring the project before the Commission.

4 Page 4 of 8 He then referred to the condition within the Development Agreement, on page 8 of the agenda, that requires the developer to hold interest in the project for minimum of six years and if not built that the agreement becomes void. He explained their intent is that once the parcel map is recorded that they will convey title to the hotel operator/builder. He requested this condition amended or removed. Mr. Jones reiterated this is not a lease but a property sale. Senior Planner Schaefer briefly explained the condition and deferred further questions to the City Attorney Keith Collins whom was in the audience. Mr. Jones then referred to Development Agreement item number 12 on page 30 that states if they wish to seek financing on this property that he would be required to come before the City for consent. He asked that it be removed from the development agreement. City Attorney Collins explained the language within the agreement noting that the terms of the development can be negotiated between the parties. Commissioner Nigsarian asked if this was a normal requirement, a developer could not take a loan on his property without the city s consent. City Attorney Collins responded that, in this case, the city does have this standard language in its standard development agreements. Mr. Jones expressed he felt this was completely unreasonable and requested there be further discussion or other opinion. He stated that their goal is to move forward with the project. Chairman Powell asked for direction from the City Attorney. City Attorney Collins suggested adding language and stated.if the applicant would be willing to qualify the city s consent which would not be reasonably without. Mr. Jones stated he would agree and that he does not wish to hold up the project. Ms. Alicia Maldonado, representing Taco Bell, th Avenue, San Diego, came forward. Mr. Jones then stated to Ms. Maldonado that there is an issue with the east and west side signs on Taco Bell building and asked if they would have an issue with that. Ms. Maldonado responded that they would leave it to his discretion. Mr. Jones then stated they would not contest the city s removal of signs on the east and west sides of the restaurant. Mr. Kam Patel, hotel franchisee, th Street, Downey, California came forward to address the Commission. Mr. Patel made himself available for any questions from the Commission. Mr. Mark Sturdevant, representing the Chamber of Commerce, 321 East La Habra Boulevard, La Habra came forward to address the Commission. Mr. Sturdevant spoke in support of the La Quinta proposal and requested the Commissions favorable consideration. Mr. Alan Bowles, representing La Quinta Hotels, came forward to address the Commission. Mr. Bowles stated they are excited to become part of the community and asked for the Commission s favorable consideration. There being no further speakers, in favor or in opposition, the Chair then closed the public hearing. Chair asked for a motion. Moved by Vice Chair Bernier, Seconded by Commissioner Handler, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF

5 Page 5 of 8 THE CITY OF LA HABRA RECOMMENDING THAT THE CITY COUNCIL CERTIFY MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (SCH # ) FOR A COMMERCIAL CENTER AT 701 EAST IMPERIAL HIGHWAY, SUBJECT TO THE MITIGATION MONITORING AND REPORTING PROGRAM, AND THE STATEMENT OF FINDINGS OF FACT HERETO ATTACHED AS EXHIBITS "A" AND B. COMMISSIONERS: BERNIER, HANDLER, NIGSARIAN, FERNANDEZ, Moved by Commissioner Fernandez, Seconded by Vice Chair Bernier, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT MASTER PLAN FOR THE PROPERTY AT 701 EAST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS WITH MODIFICATION TO CONDITION NO. 3. Modified Condition No. 3 shall read as follows: The applicant/developer shall construct the entire bicycle path along the eastern property line, to include a 6-foot tall tubular steel fence prior to issuance of Certificate of Occupancy for the first structure on the site or meet the requirement per alternate method as approved by the City Engineer. The design shall be reviewed and approved by the City Engineer prior to the start of construction. COMMISSIONERS: FERNANDEZ, BERNIER, HANDLER, NIGSARIAN, Moved by Commissioner Handler, Seconded by Commissioner Nigsarian, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH GREG S. JONES REVOCABLE TRUST AND SUNNY INVESTMENTS, LLC FOR THE DEVELOPMENT OF THE IMPERIAL HIGHWAY COMMERCIAL CENTER AT 701 THROUGH 751 EAST IMPERIAL HIGHWAY AS PER ATTACHMENT A AS MODIFIED. Modified Section 12 shall read as follows: 12. Mortgage Protection 12.1 This Agreement shall not prevent or limit Owner, in any manner, at Owner's reasonable discretion, and with City's consent, which will not be unreasonably withheld, from encumbering all or part of the Property or its improvements by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications, and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any

6 Page 6 of 8 such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Owner shall inform City of any involuntary liens which are placed on the property as when they occur. Any Mortgagee of the Property shall be entitled to the following rights and privileges: Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law The Mortgagee of any mortgage or deed of trust encumbering all or any part of the Property who has submitted a written request to the City in the manner specified below for giving notices, shall be entitled to receive written notification from City of any Default by Owner If City receives a timely request from a Mortgagee requesting a copy of any notice of default given to Owner, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement Any Mortgagee who comes into possession of all or part of the Property, through foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take possession subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform or guarantee performance of any of Owner's obligations under this Agreement; provided, however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof by such Mortgagee shall continue to be a condition precedent to City s performance hereunder. COMMISSIONERS: HANDLER, NIGSARIAN, FERNANDEZ, BERNIER, Moved by Commissioner Handler, Seconded by Vice Chair Bernier, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING TENTATIVE PARCEL MAP TO CREATE FOUR PARCELS AT 701 THROUGH 751 EAST IMPERIAL HIGHWAY, AS PER THE APPROVED MAP, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS. COMMISSIONERS: HANDLER, BERNIER, NIGSARIAN, FERNANDEZ, Moved by Commissioner Nigsarian, Seconded by Commissioner Fernandez, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR THE

7 Page 7 of 8 OPERATION OF A HOTEL AT 701 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. COMMISSIONERS: NIGSARIAN, FERNANDEZ, HANDLER, BERNIER, FERNANDEZ Moved by Commissioner Fernandez, Seconded by Commissioner Handler, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR ABC TYPE 70 ALCOHOLIC BEVERAGE LICENSE IN CONJUNCTION WITH THE HOTEL AT 701 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. COMMISSIONERS: FERNANDEZ, HANDLER, NIGSARIAN, BERNIER, Moved by Vice Chair Bernier, Seconded by Commissioner Nigsarian, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A RESTAURANT AT 711 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. COMMISSIONERS: BERNIER, NIGSARIAN, HANDLER, FERNANDEZ, Moved by Commissioner Handler, Seconded by Commissioner Fernandez, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A RESTAURANT AT 751 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. COMMISSIONERS: HANDLER, FERNANDEZ, NIGSARIAN, BERNIER,

8 Page 8 of 8 Moved by Commissioner Nigsarian, Seconded by Commissioner Bernier, and APPROVING RESOLUTION NO ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR A 20-FOOT TALL FREE-STANDING SIGN AT 701 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. COMMISSIONERS: NIGSARIAN, BERNIER, HANDLER, FERNANDEZ, Vice Chair Bernier invited everyone to the Art Installation event on Wednesday, September 26 th at 5:00 p.m. held at 501 South Idaho Street. Commissioner Handler thanked Mr. Greg Jones for the great project. ADJOURNMENT: 7:40 p.m. Respectfully submitted, Carmen G. Henderson Planning Commission Secretary