Sep 14, 2020 Planning Commission

IF IT'S, UNLESS

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[ LA HABRA PLANNING COMMISSION REGULAR MEETING MONDAY, SEPTEMBER 14, 2020 6:30 P.M. COUNCIL CHAMBER 100 EAST LA HABRA BOULEVARD LA HABRA, CALIFORNIA 90631 PUBLIC ADVISORY: THE COUNCIL CHAMBER WILL NOT BE OPEN TO THE PUBLIC Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsome on March 17, 2020, the Regular Meeting of the City of La Habra Planning Commission for September 14, 2020, will be conducted telephonically through Zoom. Please be advised that pursuant to the Executive Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, the Council Chamber will not be open for the meeting. Planning Commissioners will participate telephonically and will not be physically present in the Council Chamber. In accordance with Executive Order N-25-20, guidance from the California Department of Public Health on gatherings, and in an effort to slow the spread of COVID-19 and to ensure the health and safety of our community, remote public participation can be done by: 1. Submitting an email to planningcommission@lahabraca.gov no later than 5:15 p.m. on Monday, September 14, 2020. 2. Participating via Zoom during the meeting on an audio only conference call by dialing 1-669-900-9128 and entering Meeting ID: 817 4728 7385 and Passcode 829054. Please note, you will enter the meeting muted, but if you want to comment during the public comment portions of the agenda, press *9, at the appropriate time indicated by the Chair during the meeting, and your call will be selected from the meeting cue. Before you press *9, turn off other electronic devices and turn down background noise at your location to avoid interference with your call. Please note that speakers must limit their comments to three minutes each and that the total time period for public comments is 30 minutes. Your patience with these changes is appreciated as the City adjusts to new ways of conducting business during the COVID-19 pandemic. ]

SO IF WE'RE ALREADY, I WILL BEGIN NOW AND I'LL SAY GOOD EVENING TO EVERYBODY AT CITY HALL, AS WELL AS ALL MEMBERS OF THE PUBLIC THAT ARE PARTICIPATING IN THIS MEETING OF THE ARBOR CITY PLANNING COMMISSION.

UH, MY NAME IS DARREN EXTERRAN.

I'M THE CHAIRMAN OF THE COMMISSION, AND I'M ALSO JOINED BY VICE CHAIR, JASON MANLEY, COMMISSIONER, JERRY POWELL, COMMISSIONER, MICHELLE BERNAY AND COMMISSIONER MANNY MUNOZ.

AND SO IN ACCORDANCE WITH EXECUTIVE ORDER AND DASH TWO, FIVE DASH TWO ZERO GUIDANCE FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH ON GATHERINGS AND INTERNET SLOW THE SPREAD OF COVID-19 AND TO ENSURE THE HEALTH AND SAFETY OF OUR COMMUNITY, THE REGULAR MEETING OF THE LA HABRA PLANNING COMMISSION IS BEING CONDUCTED VIA TELECONFERENCE.

ALL PARTICIPANTS WILL BE CALLING IN FROM A REMOTE LOCATION, EXCEPT CITY STAFF WILL BE IN THEIR OFFICES AT CITY HALL AND A COUPLE OF THINGS TOO, FOR THOSE WHO WISH TO FOLLOW THE MEETING, IT'S AVAILABLE ON TWO DIFFERENT PLATFORMS, TWO ADDITIONAL PLATFORMS OR VENUES.

THE CITY OF LAHABRA FACEBOOK PAGE SHOULD BE STREAMING.

THIS MEETING LIVE AS WELL AS THE CITY OF LAHABRA ON YOUTUBE.

SO YOU WOULD JUST SEARCH FOR THE CITY OF LA HARBOR ON YOUTUBE, AND YOU SHOULD FIND A LIVE FEED THERE.

AND AS MAYBE WE HAVE NOTICED THAT THIS IS A NEW PLATFORM, A NEW WAY OF CONDUCTING CITY BUSINESS.

IT CAN OCCASIONALLY GET GLITCHY.

SO I ASK EVERYBODY'S INDULGENCE AND PATIENTS, UH, IT'S ALMOST CERTAIN THAT SOME LITTLE THINGS WILL GO WRONG, WHICH WE WILL HAVE TO ADDRESS ON THE FLY.

SO I CONTINUE BY SAYING NOTICES FOR THIS MEETING WERE MAILED TO EVERY ADDRESS IN THE CITY AND TO THE LEGAL PROPERTY OWNERS WITHIN 300 FEET OF THE PROJECT AREA, THE NOTICES NOTICES INCLUDED INFORMATION ON HOW THE PUBLIC CAN PARTICIPATE IN THE MEETING FOR THOSE THAT HAVE CALLED IN OR ARE JOINING US BY VIDEO, PLEASE KNOW THAT YOU ARE MUTED OR AT LEAST YOU SHOULDN'T BE, IF YOU WANT TO COMMENT DURING THE PUBLIC COMMENT PORTION OF THE AGENDA, PRESS STAR NINE.

AND IF YOU WERE CALLING IN BY PHONE OR USE THE RAISE YOUR HAND OPTION, IF YOU ARE USING VIDEO AT THE APPROPRIATE TIME AND AT THE APPROPRIATE TIME, I SHOULD SAY, AND THEN PLEASE WAIT TO BE RECOGNIZED BY THE PLANNING COMMISSION SHARE OR STAFF DURING THE MEETING.

YOUR CALL WILL BE SELECTED FROM THE MEETING QUEUE WHEN IT IS YOUR TURN TO SPEAK, WE ARE EXPECTING A LARGE VOLUME OF CALLS AND PARTICIPANTS THIS EVENING.

SO PLEASE BE PATIENT AS IT MAY TO TAKE SOME TIME FOR YOUR INDIVIDUAL CHANCE TO ARRIVE.

EVERYONE THAT WISHED TO SPEAK THOUGH CAN BE GUARANTEED, WE'LL HAVE AN OPPORTUNITY TO DO SO.

IN ADDITION, EMAILS RECEIVED PRIOR TO NOON ON SEPTEMBER 10TH WERE INCLUDED WITHIN THE AGENDA PACKAGE, WHICH WAS POSTED ON THE CITY'S WEBSITE AT 5:00 PM, SEPTEMBER 10TH, EMAILS RECEIVED AFTER SEPTEMBER 10TH AND PRIOR TO THE START OF TONIGHT'S MEETING WERE FORWARDED TO THE PLANNING COMMISSIONERS FOR REVIEW EMAILS RECEIVED.

ONCE THE PUBLIC HEARING IS COMMENCED WILL BE CONSIDERED AFTER ALL ORAL TESTIMONY IS COMPLETED AND THE CHAIR OKAY FOR MATH, FOR EVERYBODY OUT THERE.

AND OF COURSE IT'S BORROWING ANY SUDDEN DISCONNECTS.

AND LET ME ADD VERY QUICKLY THAT IF FOR SOME REASON, A COMMISSIONER, FOR EXAMPLE, DOES GET DISCONNECTED, HOPEFULLY VERY TEMPORARILY THAT WILL STOP US TEMPORARILY UNTIL WE CAN REACQUIRE THAT COMMISSION.

IF THE COMMISSIONER SUFFERS A MAJOR OUTAGE AS IN POWER OR INTERNET, THAT MAY REQUIRE MORE EXTENDED RECESS.

AND THE GENERAL PLAN AT THIS POINT IS FOR THE COMMISSIONER TO ACTUALLY DRIVE THE CITY HALL AND THEN WE'D RESUME THE MEETING.

BUT THAT'S AN UNLIKELY SITUATION.

I THINK THAT WE'LL PROBABLY MANAGE DOWNLINE FOR THE DURATION.

SO IT BEGINS IN THIS WAY.

THE COMMISSIONER WILL ASK FOR STAFF REPORT, FOLLOWING THE STAFF REPORT, THE COMMISSION WILL ASK QUESTIONS OF STAFF.

NEXT COMMISSION WILL ASK THE APPLICANT TO COME FORWARD TO MAKE A PRESENTATION ON THE PROJECT.

FOLLOWING THE APPLICANT'S PRESENTATION, THE COMMISSION WILL ASK QUESTIONS OF THE APPLICANT, FOLLOWING STAFF AND APPLICANT PRESENTATIONS.

THE COMMISSION WILL OPEN THE PUBLIC HEARING AND HEAR FIRST FROM THOSE WISHES TO SPEAK IN FAVOR OF THE PROPOSED PROJECT.

NEXT, CONDITIONAL LAST TO HEAR FROM THOSE WISHING TO SPEAK IN OPPOSITION TO THE PROJECT, ANYONE WHO WISHES TO SPEAK WILL BE ALLOWED TO DO SO NO TIME LIMIT IS PLACED ON INDIVIDUAL COMMENTS.

HOWEVER, IT IS REQUESTED THAT YOU LIMIT YOUR COMMENTS TO NEW INFORMATION.

AND WITH THAT, I'LL ADD TO BE VERY CLEAR.

THIS COMMISSION DOES NOT WANT TO RESTRICT RESTRAINT OR DISCOURAGE ANYBODY FROM SPEAKING IN ANY WAY, SHAPE OR FORM, EXCEPT THAT I'M ASKING THE PUBLIC TO BE MINDFUL OF THE FACT THAT WE HAVE A TENTATIVE, A GERMAN TIME OF 10 30 OR THEREABOUTS, WHETHER THE, WHETHER WE'VE COMPLETED THE MEETING OR NOT.

SO IF YOU'RE ABOUT TO SPEAK AND YOU'VE HEARD THE LAST 10, 15 PEOPLE SAY BASICALLY THE EXACT SAME THING, YOU'RE GOING TO SAY, JUST BE MINDFUL OF THAT FACT.

AND YOU MIGHT CONSIDER SAYING, I ECHO THE SENTIMENTS OF THE PREVIOUS SPEAKER, BUT AGAIN, AT THE END YOU USE YOUR OWN BEST JUDGMENT.

JUST RECOGNIZE THAT WE MIGHT HAVE AS MANY AS A COUPLE OF HUNDRED PEOPLE WISHING TO SPEAK.

AND IT'S EVERYONE'S GOAL TO RUN AN EFFICIENT AND EFFICIENT AND EXPEDITIOUS MEETING.

AND SO KEEP THAT IN MIND WHEN YOU'RE SPEAKING.

AND OF COURSE, BEAR IN MIND THAT ANYONE WHO DOES BECOME ABUSIVE OR DISPLAYS ANY INAPPROPRIATE BEHAVIOR WILL BE CUT OFF FROM THE STREAM.

SO PLEASE BEAR THAT IN MIND FOR, SO TO ESTABLISH THE RULES, THERE WILL BE A 10:30 PM CURFEW, AS I MENTIONED, ANY BUSINESS NOT COMPLETED BY THAT TIME WILL BE CONTINUED TO THE NEXT COMMISSION MEETING, WHICH AT THIS POINT WOULD BE A TOMORROW AT SIX 30.

OH, THAT SAID, THERE'S SOME FLEXIBILITY

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BUT, UH, I CAN SAY THAT WHAT WE'RE ALMOST CERTAINLY NOT GOING TO DO IS HAVE A MARATHON SESSION THAT GOES INTO THE WEE HOURS BECAUSE AS PEOPLE HAVE ALWAYS SAID, NO GOOD DECISIONS TYPICALLY GET MADE MUCH PAST 11 O'CLOCK AT NIGHT.

SO IF IT LOOKS LIKE THERE'S STILL A LOT OF FOLKS WHO WISH TO SPEAK, AND WE'RE JUST, WE JUST CAN'T GET IT IN TONIGHT.

THEN WE WILL ADJOURN AND RECONVENE TOMORROW NIGHT, THE COMMISSION WILL ALSO TAKE TWO 10 MINUTE BREAKS.

THE FIRST WILL BE AT THE END OF THE STAFF AND APPLICANT PRESENTATIONS.

THE SECOND WILL BE HALFWAY THROUGH THE PUBLIC COMMENT PERIOD, UH, THIS EVENING.

AND AGAIN, I'LL ADD THAT.

THERE'S FLEXIBILITY WITH THAT AS WELL.

I ASSURE YOU THAT I WON'T BE CUTTING ANYBODY OFF MIDSTREAM TO TAKE A BREAK.

UH, WE'LL WAIT UNTIL INAPPROPRIATE TIME, BUT GIVE OR TAKE, WE WILL BE TAKING TWO BREAKS, SAY IN THE COURSE OF A FOUR HOUR MEETING.

ALL RIGHT.

SO WITH THAT SAID AT THIS TIME, THE MEETING IS NOW OFFICIALLY CALLED ORDER, AND I'D ASK EVERYONE TO JOIN.

VICE-CHAIR MANLY IN THE PLEDGE OF ALLEGIANCE.

AND BEFORE WE BEGIN, BEAR IN MIND, THE COMMISSIONERS WILL NOT BE RECITING THE PLEDGE BECAUSE THAT WILL COMPLETELY DESTROY THE AUDIO FEED.

AND IT'S NOT NECESSARY EVEN TO STAND, BUT I WOULD ASK OF COURSE, THAT WE PLACE OUR HANDS OVER OUR HEARTS.

SO VICE-CHAIR MANLY.

IF YOU WOULD PLEASE READY, BEGIN.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU VERY MUCH.

VICE-CHAIR MANLY.

WILL THE SECRETARY PLEASE CALL ROLL.

THIS IS PLANNING COMMISSION, SECRETARY DEPARTMENT COMMISSION, AMMONIA, COMMISSIONER BERNIER, COMMISSIONER POWELL, VICE CHAIR, MANLEY, SHARON NAZARIAN, ALL OUR PRESIDENTS.

THANK YOU.

NOW THIS IS THE TIME FOR THE PUBLIC TO ADDRESS ANY ITEM OF INTEREST TO THE, TO THE PUBLIC THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE COMMISSION NOT APPEARING ON THE AGENDA.

GENERAL PUBLIC COMMENTS SHOULD BE LIMITED TO THREE 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 LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF, NON REPETITIVE AND PROFESSIONAL IN NATURE FOR GOVERNMENT GOVERNMENT CODE SECTION FIVE, FOUR NINE FIVE, 4.37, THE COMMISSION CANNOT TAKE ACTION OR EXPRESS A CONSENSUS OF APPROVAL OR DISAPPROVAL ON ANY PUBLIC COMMENTS REGARDING MATTERS, WHICH DO NOT APPEAR ON THE PRINTED AGENDA.

SO AGAIN, TO BE ABSOLUTELY CLEAR, THIS IS THE PUBLIC COMMENT TIME FOR SOMETHING THAT HAS NOTHING TO DO WITH THE AGENDA ITEM TONIGHT, THE RANCHO LAHABRA PROPOSAL.

SO THIS IS NOT THE TIME TO SPEAK, UH, IN ANY WAY, SHAPE OR FORM ABOUT RANCHO.

THIS WOULD BE ABOUT SOMETHING ENTIRELY DIFFERENT AND THERE ARE TIME CONSTRAINTS ON THAT.

SO AGAIN, AS A REMINDER, IF ANYONE WISHES TO ADDRESS THE COMMISSION RIGHT NOW, UH, NOT ON THE AGENDA, PLEASE DIAL STAR NINE AND WAIT TO BE RECOGNIZED AND VERONICA AT YOUR CONVENIENCE.

PLEASE ADVISE AS TO WHETHER WE HAVE ANY PUBLIC COMMENTS TO READ INTO THE RECORD OR ANYBODY HOLDING, WISHING TO ADDRESS THE COMMISSION ON A NON AGENDA ITEM.

THERE ARE THREE SPEAKERS WHO WISH TO SPEAK, BUT I'M NOT SURE IF THEY'RE WISHING TO SPEAK ON NOW OR LATER, DO YOU WANT ME TO UNMUTE THEM? UH, SURE.

LET'S FIND OUT.

SO THE FIRST ONE WOULD BE TELEPHONE NUMBER (714) 380-7836.

WELCOME SPEAKER.

IF YOU CAN HEAR ME, DO YOU WISH TO SPEAK ON A MATTER, NOT ON THE AGENDA THIS EVENING SPEAKER EITHER ONE MORE WITH PHONE NUMBER (714) 315-7828.

WELCOME SPEAKER.

DO YOU WISH TO SPEAK ON A NON AGENDIZED ITEM THIS EVENING? SPEAKER, ARE YOU THERE? HI.

YES, I AM HERE.

I, UH, AM HERE TO SPEAK ON THE AGENDA FOR THE, UH, PROPOSED A GOLF COURSE.

UH, ALL RIGHT.

SO THIS, AS I WAS MENTIONING, THIS IS NOT THE TIME TO DO THAT.

THIS IS NOT THE PUBLIC HEARING ON THE, UH, ON THE RANCHO PROJECT.

THIS IS FOR SOMETHING THAT WOULD HAVE, FOR EXAMPLE, UH, NOTHING TO DO WITH THE RANCHO PROJECT.

SO I WOULD, I WOULD ASK YOU TO, UH, TO SIT TIGHT AND WAIT FOR THE PUBLIC HEARING ON THE RANCHO PROJECT TO BEGIN.

AT WHICH TIME YOU CAN SPEAK

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IS THAT OKAY? OH, THAT, THAT IS PERFECTLY FINE.

I JUST HIT START A STAR NINE TOO EARLY.

NO PROBLEM.

NO PROBLEM AT ALL.

WE'LL TALK TO YOU LATER.

THANK YOU.

ALRIGHT.

AND SO IS THAT IT VERONICA? THAT'S IT GOOD? WE WILL NOW CLOSE PUBLIC COMMENTS AND MOVE ON TO THE CONSENT CALENDAR ON MATTERS ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE.

IT WILL BE ENACTED BY ONE MOTION UNLESS COMMISSIONER REMEMBER THE AUDIENCE REQUESTS SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVED ITEMS WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.

MEMBERS OF THE AUDIENCE WILL HAVE THE OPPORTUNITY TO ADDRESS THE COMMISSION ON REMOVED ITEMS. I HAD PUBLIC COMMENT.

THAT'D BE LIMITED TO THREE MINUTES FOR 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 LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE.

SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE.

SO BEFORE THE COMMISSION AT THIS TIME IS THE CONSENT CALENDAR, WHICH ONLY INCLUDES APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF THE LAST MEETING, AUGUST 10TH, 2020, THAT'S THE ONLY THING ON THE CONSENT CALENDAR.

SO THAT'S THE ONLY THING THAT WE ARE GOING TO BE DEALING WITH.

SO DO ANY OF THE COMMISSIONERS WISH TO REMOVE THE MINUTES FOR ANY DISCUSSION COMMISSIONER MUNOZ? NO.

THANK YOU.

VICE CHAIR, MAN.

NO, THANK YOU.

COMMISSIONER PAUL, MR. PAL, ANY ADDITIONS OR CORRECTIONS? NO, THANK YOU, COMMISSIONER BURNETT.

NO THANK YOU.

AND I DO NOT.

IS THERE ANYONE FOR THE PUBLIC WHO WISHES TO HAVE THE MINUTES REMOVED FOR FURTHER DISCUSSION, PRESS STAR NINE NOW NINE.

NOW, IF YOU WISH TO ADDRESS THE COMMISSION AND WAIT TO BE ANNOUNCED IN VERONICA AT YOUR CONVENIENCE, SO ADVISE US OKAY.

THERE'S NO ONE THAT WISHES TO ADDRESS THE COMMISSION AT THIS TIME.

VERY GOOD.

THANK YOU.

AT THIS TIME, I HAVE A MOTION.

I MAKE A MOTION THE MINUTES OF AUGUST 10TH.

THANK YOU.

IS THERE A SECOND SECOND THAT YOU, JERRY, THANK YOU SO MUCH.

YOU MADE BY COMMISSIONER BERNAY AND SECONDED BY COMMISSIONER POWELL.

WILL THE SECRETARY PLEASE CALL ROLL.

THIS IS COMMISSIONER SECRETARY CARMEN CALLING ROLL COMMISSIONER COMMISSIONER FOR NEAR HAYDN.

MICHELLE SAID YES.

COMMISSIONER PAL.

YES, YES, YES, YES.

OH, APOLOGIES EVERYBODY.

IT LOOKS LIKE WE'RE HAVING SOME FEEDBACK ON OUR END.

WE'RE TRYING TO GET THE ISSUE RESOLVED HERE AND WHEN CARMEN'S READY, SHE'LL UH, FORMALIZE THE VOTE ON THE MINUTES.

NO PROBLEM AT ALL.

THIS IS CARMEN.

CAN EVERYONE HEAR ME? EVERYONE HEAR ME? YES.

YES.

MOTION COUNTS ON THE PLANNING COMMISSION MINUTES.

THANK YOU VERY MUCH CRONIN.

SO WE WILL NOW MOVE TO THE PUBLIC HEARING SCHEDULED FOR THIS EVENING.

AS A REMINDER, THOSE WHO WISH TO SPEAK IN FAVOR OF THIS ITEM WILL BE RECOGNIZED FIRST.

AND THEN THE COMMISSIONER WILL HEAR FROM THOSE

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REBUTTALS WILL BE ALLOWED ONLY AT THE DISCRETION OF THE CHAIR AND REBUTTALS WILL BE DIFFICULT TONIGHT BECAUSE WE HAVE SO MANY PEOPLE REBUTTALS PROBABLY WILL BE RESTRICTED IN THAT YOU SHOULD, UH, YOUR URGE TO STATE YOUR CASE AS SUCCINCTLY AS YOU CAN.

WHEN THE TIME COMES AFTER ALL IT'S SPOKEN, THE PUBLIC HEARING WILL BE CLOSED AND THE COMMISSION WILL ENTER INTO DELIBERATIONS AND DISCUSS THE MATTER AND TAKE ANY ACTION.

IT DEEMS APPROPRIATE.

IF YOU WISH TO ADDRESS THE COMMISSION, PLEASE WAIT TO BE RECOGNIZED.

AND WHEN CALLED, PLEASE IDENTIFY YOURSELF BY SLOWLY SPELLING OUT YOUR FIRST AND LAST NAME AND STATE YOUR ADDRESS FOR THE RECORD.

PLEASE KNOW HE MAY ONLY ADDRESS THE COMMISSION ONCE DURING THE PUBLIC HEARING.

AND ALSO BY WAY OF EXPLANATION, OBVIOUSLY WE'RE ON A ZOOM PLATFORM WHERE YOU CAN USUALLY SEE ALL THE COMMISSIONERS WHEN THEY'RE SPEAKING.

THERE WILL BE TIMES, UH, FOR EXAMPLE, WE HAVE ONE COMMISSIONER WHO NEEDS TO GET UP ON DOCTOR'S ORDERS AND STAND AND STRETCH.

UH, HE'S GOING TO DO THAT.

UH, THERE'S GONNA BE TIMES WHEN A COMMISSIONER WILL WANT TO SNEEZE OFF CAMERA OR COUGH, OR EVEN TAKE A SIP OF WATER, WHICH CASE YOU'LL SEE THE STILL IMAGE POP UP, WHETHER IT'S DURING A PUBLIC HEARING OR SOME OTHER TIME REST ASSURED A AND B AND BE CERTAIN THAT WE ARE LISTENING, WHETHER YOU SEE OUR STILL PICTURE THERE FOR A MOMENT OR NOT, WE'RE LISTENING TO EVERYTHING, BUT AGAIN, IT'S, UH, WE'RE ALL, WE'RE ALL HUMAN BEINGS AND IT'S A LONG MEETING.

SO WITH THAT SAID, THE ITEM ON THE AGENDA TONIGHT IS CONSIDERATION OF NUMBER ONE, GENERAL PLAN AMENDMENT ONE EIGHT DASH ZERO ONE.

TO CHANGE THE LAND, USE DESIGNATION FROM OPEN SPACE TO LOW DENSITY, RESIDENTIAL ZERO, IS THAT A ZERO TO EIGHT ACRES OR UNITS PER ACRE? EXCUSE ME FOR PLANNING AREAS TWO, THREE, AND FOUR, AND MIXED USE ONE FOR PLANNING AREA FIVE OF THE RANCHO WILL HARBOR SPECIFIC PLAN TO ENVIRONMENTAL IMPACT REPORT WHEN EIGHT GESTURE ONE AND THAT'S SCH NUMBER TWO (015) 111-0453 AMENDMENT NUMBER THREE, IT'S A LITTLE HARBOR HILLS SPECIFIC PLAN FOR ZONE CHANGE WHEN EIGHT DASH ZERO ONE TO CHANGE THE LAND USE DESIGNATION FROM LAW, ROBERT HILL SPECIFIC PLAN TO RANCHO LAHABRA SPECIFIC PLAN FOR THE AREA OCCUPIED BY THE WESTBRIDGE GOLF COURSE BY ADOPTION OF THE RANCHO LA HARBOR SPECIFIC PLAN SIX VESTING TENTATIVE TRACK MAP ONE SEVEN EIGHT FOUR FIVE SEVEN DESIGNER THREE 1-801-318-DASH ZERO FIVE FOR ANGELA HOPPER SPECIFIC PLAN AREAS ONE, TWO, THREE, FOUR, SIX, AND SEVEN, AND FINALLY DEVELOPMENT AGREEMENT ONE EIGHT DASH ZERO ONE.

SO THERE WE HAVE IT TO THIS EVENING AND MAYBE PLEASE HAVE A STAFF REPORT.

YES.

UH, GOOD EVENING.

THIS IS ANN FOR HAUTE DIRECTOR OF COMMUNITY DEVELOPMENT.

PLEASE ALLOW US FOR A FEW MOMENTS TO TRANSITION THESE BREAM POWERPOINT, UM, WHERE WE START WANTING TO INTRODUCE, UH, STAFF AT CITY STAFF.

THAT'S PRESENT FOR THIS ITEM.

THE ATTORNEYS YOUNG FROM RICHARD WATSON RASHAAN WILL BE SERVING AS THE CITY ATTORNEY FOR THE PLANNING COMMISSION, PROVIDING COUNSEL TO THE COMMISSION, A CITY ATTORNEY JEANETTA GIOVINCO FROM RICHARD'S WATSON.

FIRST, SEAN IS ALSO PRESENT TO PROVIDE STAFF SUPPORT, UH, LLOYD ZOLA FROM METIS, UH, IS ALSO HERE IN ATTENDANCE AND CAN ANSWER QUESTIONS IS, UH, UH, PART OF THE COMPANY THAT PREPARED THE EIR.

AND LASTLY FROM THE CITY, WE HAVE, UH, UH, VARIOUS CITY REPRESENTATIVES ON HAND, INCLUDING THE CITY TRAFFIC ENGINEER, MICHAEL PLOTNIK, THE CITY, UH, ENGINEER, CHRIS JOHANSON, UH, GREG WONG FROM ALBERT GROVER AND ASSOCIATES.

AND, UH, THE CASE PLANNER FOR TONIGHT'S PRESENTATION WILL BE PRESENTED BY PLANNING MANAGER, ROY RAMBLER.

SO AT THIS TIME I WILL HAND IT OVER TO ROY TO BEGIN OUR STAFF PRESENTATION.

UH, IT'LL TAKE ABOUT 30 MINUTES TO GET THROUGH THE PRESENTATION THIS EVENING.

THANK YOU, ROY.

YES.

GOOD EVENING.

THIS IS ROY.

CAN EVERYBODY SEE THE POWERPOINT? YES.

OKAY, EXCELLENT.

SO I WILL GO THROUGH THESE SLIDES TONIGHT.

UM, AND IF WE HAVE, WE HAVE QUESTIONS, I WOULD ASK THE COMMISSION TO KEEP THEM TILL TO THE END OF THE PRESENTATION.

SO AS THE BACKGROUND OF THIS PROJECT ON THIS SITE WAS ORIGINALLY PART OF THE, UH, COYOTE HILLS OFF OIL FIELDS.

UM, IT WAS INCORPORATED INTO FULLERTON AND LAHABRA IN 1992, THE CITY ADOPTED THE LABRUM HILLS SPECIFIC PLAN, WHICH CREATED THE MASTER PLAN COMMUNITY.

THAT'S THERE RIGHT NOW.

THE LAHABRA HILLS PLAN PROVIDED FOR THE DEVELOPMENT OF FOUR RESIDENTIAL NEIGHBORHOODS WITH A COMBINATION OF 700 UNITS, AN 18 HOLE GOLF COURSE AND 25.9 ACRE PARK AND TWO AND A HALF ACRES APPROXIMATELY OF OPEN SPACE.

UM, THE PLAN WAS AMENDED SUBSEQUENTLY.

UM, THE MULTIFAMILY AREAS WAS LIMITED, UM, RESULTING IN

[00:20:01]

SO THIS AREA OUTLINED IN PINK IS THE LOCATION OF THE, AND THE BOUNDARIES OF THE LAHABRA HILLS SPECIFIC PLAN, WHICH I JUST DESCRIBED.

UM, THE AREA NOW HIGHLIGHTED IN GREEN.

THIS IS THE GOLF COURSE AREA.

UM, THIS IS THE AREA THAT'S PROPOSED TO BE THE LAHABRA HILLS SPECIFIC PLAN SO THAT THIS WOULD REPRESENT THE BOUNDARY CHANGE.

SO THIS WOULD BECOME A SEPARATE PLAN.

SO WITHIN THIS PLAN, THE YELLOW AREAS YOU SEE BEFORE YOU IN THIS SLIDE WOULD BE THE RESIDENTIAL AREAS.

THE GREEN AREAS WOULD BE THE OPEN SPACE AREAS.

UM, THE BEIGEY BROWN COLORS REPRESENT MULTIPLE FAMILY AREA AND TH THE STRIPED AREA REPRESENTS THE AREA THAT COULD BE EITHER MULTIFAMILY OR COMMERCIAL.

UM, BUT THE PREFERRED ALTERNATIVE THAT THE APPLICANT IS PUTTING FORTH IS FOR THAT TO BE MULTIPLE FAMILY.

SO HERE'S KIND OF JUST A QUICK OVERVIEW OF THE, OF THE FOUR NEIGHBORHOODS THAT, THAT EXIST WITHIN, WITHIN THE PLAN AREA.

SO PLAN, PLAN AREA ONE, WHICH IF YOU CAN SEE MY CURSOR OVER HERE IS THE MULTIPLE, MULTIPLE FAMILY PORTION, WHICH HAS, HAS 125 UNITS PLANNING AREA TWO, WHICH IS THIS BOX RIGHT HERE, UM, HAS 118 UNITS PLANNING AREA THREE OVER HERE HAS 82 UNITS AND PLANNING AREA, EXCUSE ME, 77 UNITS AND PLANNING AREA FOR OVER HERE HAS 82 UNITS.

UM, PLANNING AREA FIVE HAS THE ADDITIONAL, UH, 46 UNITS OF MULTIPLE MULTIPLE FAMILY.

UM, THE BIG GREEN AREA IN THE, IN THE MIDDLE IS THE AREA THAT'S PROPOSED TO BE THE OPEN SPACE, UM, PARK AND COMMUNITY CENTER.

AND THE LIGHT GREEN AREAS AROUND THE EDGE ARE ALSO OPEN SPACE.

AND THOSE ARE PRIMARILY THE SLOPES OF THE EXISTING RIDGE NEIGHBORHOOD.

SO HERE'S JUST A QUICK EXAMPLE OF WHAT THE ARCHITECTURE WOULD LOOK LIKE.

UM, THE DRAWING AT THE TOP, THIS IS JUST A REPRESENTATION OF THE MULTIFAMILY AREA.

AND THE SECOND DRAWINGS JUST SHOWS A SAMPLING OF SOME OF THE SINGLE FAMILY, RESIDENTIAL HOMES.

SO AS THE CHAIRMAN INDICATED EARLIER, THERE ARE A NUMBER OF REQUESTED ACTIONS THAT GO ALONG WITH THIS REQUEST.

UM, SO I'M GOING TO BE WALKING YOU THROUGH EACH ACTION, UH, AS WE GO.

SO WE'RE GOING TO TALK FIRST, WE'RE GOING TO TALK ABOUT THE ENVIRONMENTAL IMPACT REPORT, AND WE'RE GOING TO TALK ABOUT THE GENERAL PLAN AMENDMENT, UM, FROM THE OPEN SPACE TO RESIDENTIAL, THEN WE'RE GOING TO TALK ABOUT SOME OF THE SPECIFICS OF THE LAHABRA HILLS SPECIFIC PLAN AMENDMENT.

UH, THEN WE'LL, WE'LL TALK ABOUT THE ZONE CHANGE, UH, THE LA RANCHO LA HARBOR SPECIFIC PLAN PROPER, UM, THE TENTATIVE MAP, AND THEN LASTLY, THE DESIGN REVIEWS OF THE SPECIFIC ARCHITECTURE AND LAYOUT OF EACH OF THE PLANNING AREAS.

AND THEN FINALLY THE DEVELOPMENT AGREEMENT, WHICH THE PLANNING COMMISSION WILL BE CONSIDERING, UM, AND FORWARDING TO THE PLANNING COMMITTEE.

ALL OF THESE ITEMS GET FORWARDED TO THE CITY COUNCIL FOR FINAL ACTION.

SO FIRST WE'LL START WITH THE ENVIRONMENTAL IMPACT REPORT.

SO PURSUANT TO SEEK WHILE THE NIR WAS PREPARED FOR THIS PROJECT, THE PURPOSE OF THE SQL IS, AND THE ERS TO INFORM THE DECISION MAKERS ABOUT SIGNIFICANT EFFECTS AND IDENTIFY WAYS TO AVOID OR MINIMIZE THOSE EFFECTS, ENVIRONMENTAL DOCUMENT PROCESS TO RANCHO LA HARBOR STARTED WITH A SCOPING MEETING TO SOLICIT INFORMATION AND COMMENTS FROM INTERESTED PARTIES AND A DRAFT EIR WAS PREPARED AND CIRCULATED FOR PUBLIC COMMENT IN 2018 POTENTIAL IMPACTS WERE IDENTIFIED AND ANALYZED IN THAT EIR.

AFTER THAT THE REVIEW PERIOD WAS OVER 141 COMMENTS RECEIVED ON THAT DOCUMENT, UM, BY VARIOUS INTEREST GROUPS AND THE GENERAL PUBLIC IN PREPARING RESPONSES TO THE COMMENTS, NEW INFORMATION WAS INCLUDED.

SO MODIFICATIONS TO THE PROJECT DESCRIPTION, NEW BIOLOGICAL RESOURCES SURVEY, UPDATING MAPPING, AND IMPACT ANALYSIS, AN UPDATED TRAFFIC ANALYSIS, WHICH INDICATED THE PROJECT WOULD GENERATE GREATER TRAFFIC THAN, OR WAS ORIGINALLY DETERMINED, UPDATED AIR QUALITY, GREENHOUSE GAS, ENERGY AND NOISE ANALYSIS WERE PREPARED.

AND THE NEW INFORMATION RESULTED IN A PARTIALLY RECIRCULATED EIR THAT WAS CIRCULATED IN NOVEMBER 29 FOR 20, EXCUSE ME, 22ND ENDING ON JANUARY THE 17TH.

OKAY.

AND BY PARTIALLY

[00:25:01]

THE PREVIOUS CIRCULAR INFORMATION FROM THE ORIGINALLY I R THAT DID NOT CHANGE WAS NOT CIRCULATED AGAIN, BUT DID REMAIN POSTED ON THE, AND AVAILABLE ON THE CITY'S WEBSITE FOR REVIEW DURING THAT WHOLE TIME UPON COMPLETION OF THE REVIEW PERIOD, UM, WRITTEN COMMENTS, OR WERE PREPARED, UM, AND SENT TO THE AGENCIES AND ALSO, UM, WRITTEN INTO THE DOCUMENTS.

SO THE FINAL DRAFT EIR IS COMPOSED OF THREE VOLUMES.

SO THE FIRST VOLUME IS THE DRAFT EIR AND PEN DIS-EASE FROM THE FIRST TIME, ALONG WITH THE REVISIONS TO TEXT AND IN THE MITIGATION MONITORING PLAN, WHILE YOU TO IS THAT PARTIALLY RECIRCULATED OR NEW INFORMATION.

AND THEN VOLUME THREE IS ALL THE, ALL THE COMMENTS AND ALL THE RESPONSES TO THOSE COMMENTS.

UM, THESE DOCUMENTS HAVE BEEN AVAILABLE FOR PUBLIC REVIEW ON THE CITY WEBSITE SINCE JULY 20TH.

WELL, THE FINDINGS CONCLUDE THAT THE PROJECT, IF APPROVED THERE WILL BE SIGNIFICANT UNAVOIDABLE IMPACTS IN THE AREAS SHOWN ON THE SLIDE HERE, SIGNIFICANT IMPACTS DO NOT MEAN THAT A PROJECT CANNOT BE APPROVED EHRS DO NOT MAKE JUDGEMENTS, DETERMINATION.

THEY MERELY IDENTIFY THE IMPACTS.

THE PROJECT MAY BRING BENEFITS TO THE COMMUNITY THAT OUTWEIGH THE IMPACTS IS THE RESPONSIBILITY OF THE LEGISLATIVE BODY, WHICH IN THIS CASE IS THE CITY COUNCIL TO REVIEW THE FACTS AND ITS BENEFITS AND SEE IF THE PR, IF THE PROJECT OUTWEIGHS THE IMPACT, THE PLANNING COMMISSION'S IN THE PROCESS IS TO CONSIDER THE PROJECT AND WHETHER WE'D BE CONSISTENT WITH THE BROAD OVERALL VISION OF THE GENERAL PLAN AND MAKE RECOMMENDATIONS TO THE CITY PLAN ACCORDINGLY.

OKAY, NEXT UP IS THE GENERAL PLAN AMENDMENT.

AND THIS IS KIND OF THE MAIN ACTION, UM, ASSOCIATED WITH THIS PROJECT.

CAUSE EVERY, EVERY SUBSEQUENT ACTION THAT HINGES ON THIS, WHAT HAPPENS HERE.

SO THE PROJECT IS REQUESTED TO CHANGE IT TO OPEN SPACE FOR PLANNING AREAS TWO, THREE, AND FOUR, WHICH WOULD BE THE LOW DENSITY AND AREAS ONE IN FIVE, WHICH WOULD BE THE MIXED MEDIUM DENSITY PLANNING AREAS.

SIX AS I END IN SEVEN, AS I INDICATED BEFORE, REMAIN THERE OPEN SPACE DESIGNATION.

UM, ADDITIONALLY THERE WOULD BE TEXT AMENDMENTS TO THE GENERAL PLAN, UM, THROUGHOUT ABOUT INCREASING THE NUMBER OF HOUSING UNITS AND REFERRING TO DELETIONS OF, OF THE GOLF COURSE.

THERE ARE A NUMBER OF ITEMS TO CONSIDER ONE FOR THE COMMISSION AND COUNCIL AND LOOKING AT THE GENERAL PLAN AMENDMENT.

UM, FIRST UP WE HAVE THE CITY'S GENERAL PLAN, WHICH WAS ADOPTED IN 2014, DID NOT CONTEMPLATE, UH, RESIDENTIAL FOR THIS SITE.

HOWEVER, THE GENERAL PLAN DOES ALLOW FOR IT TO BE PERIODICALLY UPDATED, TO RESPOND, TO CHANGING COMMUNITY NEEDS.

UH, THE VISION STATEMENT IN THE GENERAL PLAN DISCUSSES HOW THE COMMUNITY WILL GROW AND DEVELOP WITH THE OVERALL GOAL OF RETAINING THE COMMUNITY CHARACTER, UH, FOCUSING ON REINVESTMENT AND REVITALIZATION OF THE ENTIRE COMMUNITY IN THE, HOW WILL WE GROW DISCUSSION IN THE GENERAL PLAN, THE PLANNING, COURAGES, NEW HOMES AND BUSINESSES THAT ARE COMPATIBLE AS A CITY STRIVES TO MAINTAIN A CHARACTER AND A BALANCE OF PLACES TO WORK, LIVE, SHOP, AND RECREATE OTHER ITEMS TO CONSIDER THE PROPOSED CHANGE TO OPEN SPACE WOULD RESULT IN THE ELIMINATION OF THE GOLF COURSE WITH REPLACEMENT OF THE, OF A NEW RESIDENTIAL COMMUNITY PARK TRAILS IN AN A COMMUNITY CENTER.

UH, THE AMENDMENT WOULD NOT CREATE A DISJOINTED LAND USE SAYS AS IN ALL THE USES AROUND HERE OR ARE ALREADY RESIDENTIAL USES.

SO IT WOULDN'T BE A NATURAL FIT.

IF THE DECISION IS MADE TO GO THAT DIRECTION, UH, THE PROPOSED AMENDMENT WOULD RESULT IN THE CITIES ACHIEVING ITS GOAL OF PROVIDING 2.5 ACRES OF PUBLIC PARK AREA PER THOUSAND RESIDENTS.

THE CITY HAS CURRENTLY 2.29 ACRES PER THOUSAND.

UH, THE PROPOSED PROJECT WOULD RESULT IN 2.71.

UM, THE DISTINCTION HERE IS WHY THE GOLF COURSE IS THERE AND IT'S OPEN SPACE.

IT DOES NOT COUNT AS BEING PARK AREA, WHICH IS SO SLIGHTLY DIFFERENT WAYS OF LOOKING AT HOW OPEN SPACE IS USED WITHIN THE CITY OF THE ELIMINATION OF THE GOLF COURSE WOULD MEAN THE LOSS OF A HELD OPERATED RECREATIONAL AMENITY THAT MOST LIKELY COULD NOT BE REPLACED ANYWHERE IN THE CITY.

UH, THE GENERAL PLAN WOULD CHANGE THE CHARACTER OF THE ADJACENT COMMUNITY AS IN ALL THE STREETS ARE NAMED AFTER GOLF COURSES AND GOLF PLAYERS.

AND THE COMMUNITY WAS ORIGINALLY MARKETED WITH THE GOLF COURSES AS ITS CENTERPIECE.

[00:30:01]

UM, THE SIGNIFICANT IMPACTS, UM, AGAIN ARE NOT A REASON TO NOT APPROVE THE PROJECT IS SO THE PLANNING COMMISSION ROLE AGAIN, IS TO CONSIDER THE PROJECT, ALL THE PUBLIC TESTIMONY RECEIVED DURING THE PUBLIC HEARING, ALL THE DOCUMENTATION THEY RECEIVED FROM THE COUNCIL, AND THEN MAKE THAT DECISION, UH, BASED ON THEIR JUDGMENT BASED ON REVIEWING ALL OF THOSE FACTS.

UM, SUBSEQUENTLY REQUESTS INCLUDE THE GENERAL PLAN AMENDMENT THAT APPROVES THE LAHABRA HILLS SPECIFIC PLAN, THE AMENDMENT TO THE NUMBER AND THE ZONE CHANGE HAS TO PROVIDE CONSISTENCY WITH THE GENERAL PLAN.

ONCE THE SPECIFIC PLAN ARE CONSISTENT, UM, BECAUSE ALL OF THESE ITEMS ARE ADOPTED.

UM, THEN NICK CONDITION COMMISSION CAN CONSIDER THE TENTATIVE MAP AND THE ACTUAL DESIGN REVIEW.

AND LASTLY, THE DEVELOPMENT AGREEMENT IN THE ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT, UM, NONE OF THESE SUBSTANCE, AGAIN, NONE OF THESE CAN BE APPROVED WITHOUT THE GENERAL PLAN AMENDMENT.

OKAY.

SO THE AMENDMENT TO THE LABRUM HILLS SPECIFIC PLAN DEVELOPMENT, THE PROPOSAL INCLUDES AS A REVISION.

SO THE BOUNDARY IS I SHOWED YOU EARLIER IN THE, IN THE GRAPHIC, WHICH IS APPROXIMATELY 151 ACRES IN SIZE AGAIN.

SO THIS NECESSITATES A MAP IN TEXT CHANGES TO THE APPROVED SPECIFIC PLAN TO MAKE THE ADJUSTMENTS FOR THE NEW ANCHORAGE'S AND TO ADJUST THE BOUNDARIES.

AND THEN OF COURSE, TO REMOVE ANY CONDITIONS OR REFERENCES TO THE GOLF COURSE ITSELF, VACATION OF EXISTING DEED RESTRICTIONS THAT OR PREVIOUSLY ESTABLISHED IN THE PROJECT, A SITE MITIGATION AND IMPACTS MUST ALSO BE ADDRESSED.

UM, IN READING, MOVED FROM THE PLAN, THE DEED RESTRICTIONS OR CONSERVATION AREAS ARE CURRENTLY 11.4, THREE ACRES DISTRIBUTED IN VARIOUS LOCATIONS WITHIN THE GOLF COURSE, AS PART OF THIS PROCESS FOR THE CONSTRUCTION OF THE GOLF COURSE, THE DEED RESTRICTION WAS RECORDED AS MITIGATION TO IMPACT 4.5 ACRES HAVE MORE FAT SCRUB THAT WAS I'M AFFECTED AS A RESULT OF THE ORIGINAL PROJECT.

THE RE REDEEMED RESTRICTION WAS CREATED TO PROTECT THESE MITIGATION AREAS IN PERPETUITY FOR THIS PROJECT TO PROCEED.

IT WILL BE NECESSARY.

THE APPLICANT TO RECEIVE APPROVAL FROM THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE TO VACATE THOSE DEED RESTRICTIONS ON SITE AND APPROVE A NEW STREAM LINE, ALTERNATE RATION AGREEMENT.

THE APPLICANT FOR THE PROPOSED RANCHO LA HABRA IS REQUESTING THAT THE CALIFORNIA DEPARTMENT OF FISH AND GAME VACATE THE DEED RESTRICTIONS IN RETURN FOR ONSITE HABITAT PROTECTION, AS WELL AS THE PURCHASE AND PRESERVATION OF HABITAT AT ONE OR MORE OFFSITE LOCATIONS AS DESCRIBED IN THE EIR.

AND AGAIN, THE VESTING MAP COULD NOT BE APPROVED WITH UNTIL THE STREAMLINE AGREEMENT HAS, HAS BEEN REMOVED.

UM, THAT'S ONE OF THE FINDINGS OF THE MAP.

SO THE ZONE CHANGE FOR THE OVERALL ZONE CHANGE.

AGAIN, WE HAVE TO HAVE THE GENERAL PLAN AMENDMENT SPECIFIC PLANS WITH THEM IN LAHABRA ARE CONSIDERED ZONING DESIGNATIONS PURSUANT TO STATE LAW.

THE GENERAL PLAN AND ZONING DESIGNATION MUST BE CONSISTENT.

THEREFORE, IF THE CITY COUNCIL APPROVES THE PROPOSED AMENDMENT TO THE GENERAL PLAN, IT MUST BE COUPLED WITH THE ZONE CHANGE.

THE PROPOSAL ZONE CHANGE WOULD AFFECT TO SPECIFIC PLANS, THE LAHABRA HILLS SPECIFIC PLAN, WHICH WOULD BE AMENDED AS PREVIOUSLY DISCUSSED, CARVING OUT THE GOLF COURSE, AND THEN THE CREATION OF A NEW SPECIFIC PLAN WITH WITHIN THAT AREA PROPOSED RESIDENTIAL USE AGAIN, WOULD BE COMPATIBLE WITH THE EXISTING RESIDENTIAL USES TO THE NORTH.

IT WOULD NOT CREATE INCOMPATIBLE USES THE RANCHO LA HABRA SPECIFIC PLAN, THE GOVERNMENT CODE AUTHORIZES CITY TO PREPARE SPECIFIC PLANS FOR SYSTEMATIC IMPLEMENTATION FOR ALL OUR PART OF THE AREAS COVERED BY A GENERAL PLAN.

SPECIFIC PLANS HAVE ELEMENTS THAT THEY MUST INCLUDE.

THEY MUST SHOW THE DISTRIBUTION LOCATION OF THE LAND USES OPEN SPACES COVERED BY THE PLAN.

THE PROPOSED LOCATION AND DENSITY ARE THE MAJOR COMPONENTS, UM, WATER, SEWAGE DRAINAGE, ALL THE UTILITIES, THE CENTRAL FACILITIES, AND THE LAND USES, UM, AGAIN, STANDARDS AND CRITERIA BY WHICH DEVELOPMENT WILL BE PROCEED.

SO THIS WOULD BE THE DEVELOPMENT STANDARDS OF WHAT THE

[00:35:01]

AND THEN A PROGRAM OF IMPLEMENTATION TO SHOW HOW ALL OF THESE THINGS ARE ACTUALLY GOING TO HAPPEN.

IF APPROVED IN CONJUNCTION WITH THE GENERAL PLAN, UM, THE SPECIFIC PLAN WILL CONFIDE WITH THE CULT CALIFORNIA GOVERNMENT CODE, THAT IT IS CONSISTENT WITH THE GENERAL PLAN AND THOSE, THOSE ITEMS I JUST MENTIONED WITHOUT REPEATING ALL OF THOSE.

UM, SO THE VESTING CANDIDATE MAP, AGAIN, PURSUANT TO THE MUNICIPAL CODE THERE'S FINDINGS FOR THE MAP IN ORDER TO APPROVE IT, ALL THE FINDINGS MUST BE MADE.

UM, THE OVERALL PROJECT MEETS THE FINDINGS FROM THE TECHNICAL STANDPOINT.

UM, THERE ARE MEASURES IN THERE THAT PREVENT CUT THROUGH TRAFFIC, UH, LIMITED ACCESS IN AND OUT OF THE COMMUNITY, UM, THAT IT, BUT IT DOES NOT MEET THE FINDINGS AS NOTED EARLIER WITH RESTRICTIONS ON, ON THE DEED RESTRICTION AREAS, WHICH, WHICH MUST BE REMOVED.

SO NEXT, NEXT STEP, WE WOULD HAVE THE DESIGN REVIEW ITSELF.

UM, SO THIS IS GOING TO LOOK AT CHAPTER EIGHT OF THE PLAN, UM, OR EXCUSE ME, CHAPTER FIVE, WHICH PROVIDES DESIGN GUIDELINES AND SETS THE ARCHITECTURAL DEVELOPMENT STANDARDS FOR THE, FOR THIS PROJECT.

UM, CHAPTER SEVEN IS THE IMPLEMENTATION PLAN, UH, WHICH WE JUST TALKED ABOUT BRIEFLY ABOUT MAKING SURE IT GETS IMPLEMENTED AND CONSTRUCTED.

UM, SO IN THE, IN THE PLAN, IT REFERS BACK TO CHAPTER 1816 OF THE MUNICIPAL CODE IN TERMS OF THE PROCESS FOR REVIEWING THESE DESIGN PLANS.

UM, FINDINGS FOR APPROVAL OF THE PROJECTS ARE ESTABLISHED WITHIN THAT SECTION OF THAT CODE.

UM, THE PLAN IS, AND THEY ARE, THE PLAN IS, IS CONSISTENT WITH THE GENERAL PLAN.

THE PLAN IS CONSISTENT WITH THIS ZONING ORDINANCE.

THE PLAN IS IN THE BEST INTEREST OF THE PUBLIC SAFETY, HEALTH, AND WELFARE, AND THE NATURE OF THE PROJECT CAN USE AS IS DESIGNED INAPPROPRIATE FOR THE LOCATION AND COMPATIBLE TO THE SOUND SURROUNDING USES.

SO THIS, THIS IS THE CRITERIA THAT THIS COUNCIL AND THE COMMISSION ARE LOOKING AT WHEN THEY'VE REVIEWED THE PLANS THAT HAVE BEEN PROVIDED THAT SHOWS THE ARCHITECTURAL DESIGNS OF ALL THE BUILDINGS, UM, THEN THE SITE LAYOUT AND THE LANDSCAPING AND ALL THE VARIOUS DIFFERENT ACT X OF THE DESIGN OF THE PROJECT ITSELF.

AND AGAIN, THE PRO THE LAST ONE IS THAT THE PROJECT HAS TO COMPLY WITH THE ENVIRONMENTAL QUALITY ACT.

UM, THE CITY AS INDICATED, HAS PREPARED AN EIR AND COMPLIANCE WITH ALL THE REQUIRED SEQUEL, UM, REQUIREMENTS.

AND AGAIN, THIS IS THE FINDINGS MUST BE MADE IN ORDER TO PROCEED.

UM, SO JUST TO RECAP, THE HOMES IN THE PLANNING AREAS ARE A MIX OF DIFFERENT KINDS OF ARCHITECTURES.

UM, SO WE HAVE ADOBE RANCH, ANDALUSIAN MONTERREY, UH, SPANISH SANTA BARBARA, AND TUSCAN.

THESE ARE MIXED THROUGHOUT THE PROJECT OR TO CREATE VISUAL INTERESTS, UM, AND TO PROVIDE SOME VARIETY SO THAT IT'S NOT COOKIE CUTTER, IT'S THAT EVERYTHING DOESN'T LOOK THE SAME, OUR HOMES, A BUFFER, A VISIBLE FROM MADE ROADS.

UM, THEY HAVEN'T BEEN PROVIDED WITH ENHANCED ELEVATIONS ON THE SIDE FACING THE ROAD.

SO THIS WOULD BE EXTRA WINDOWS AND SHUTTERS AND DESIGN FEATURES, UH, TO PROVIDE AN ATTRACTIVE LOOK TO THE STREETS, UM, AND YOU KNOW, THE OVERALL STYLE AND THE PROJECTS WOULD BE APPROPRIATE FOR THIS LOCATION.

IF THE SITE WAS DESIGNATED FOR RESIDENTIAL DEVELOPMENT, THE PROPOSED PROJECT WILL MEET THE FINDINGS.

IF THE EIR IS CERTIFIED IN THE GENERAL PLAN IN ZOMI AMENDMENTS ARE APPROVED, OKAY, THE DEV DEVELOPMENT AGREEMENT AND THE COMMUNITY FACILITIES DISTRICT.

SO A DEVELOPMENT AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN THE CITY AND THE DEVELOPER THAT ESTABLISHES A COMMITMENT WHEREBY THE CITY AGREES TO PERMIT THE PROJECT APPLICANT OR SUCCESSORS TO DEVELOP THE PROPOSED SPECIFIC PLAN UNDER AGREED UPON TERMS AND COMMITS THE APPLICANT TO THE PROVISION, A SPECIFIED PUBLIC IMPROVEMENT FACILITIES AND SERVICES.

THE MAIN DEAL POINT OF THE PROPOSED AGREEMENT THAT ARE COVERED OVER A TERM OF 15 YEAR RETAINS DEVELOPMENT RIGHTS IN EXCHANGE FOR PROVIDING THE FOLLOW COMMUNITY BENEFITS SO THAT WE HAVE A LAND DEDICATION OF APPROXIMATELY 29 ACRES OF PARKS TRAILS, AND COMMUNITY CENTER, WHICH HAS AN APPROPRIATE VALUE OF $19.5 MILLION, THE CONSTRUCTION OF NEW PARKS AND TRAILS RENOVATED WITH THE GOLF CUP HOUSE, INTO A COMMUNITY CENTER THAT WOULD BE DATED TO THE CITY ONCE COMPLETED, WHICH HAS AN APPROXIMATE VALUE OF $18 MILLION, A CASH PAYMENT OF $1.5 MILLION

[00:40:01]

THE AGREEMENT ALSO INCLUDES REQUESTS FOR THE ESTABLISHMENT OF A KAMIL COMMUNITY FACILITIES DISTRICT IS THIS IS MORE COMMONLY KNOWN AS, AS A, AS A MELLO ROOS DISTRICT.

AND THEY'RE USED TO FUND THE MAINTENANCE COSTS OF THE NEARLY DEDICATED PARK TRAIL SYSTEM CLUBHOUSE, AND ALL OF THAT, UM, THE INFRASTRUCTURE THAT'S BEING PROPOSED.

OKAY.

AND, AND THIS JUST, AGAIN, JUST HIGHLIGHTS THOSE ITEMS. I JUST MENTIONED THE ANNUAL AN ANNUAL SPECIAL TAX ESTABLISHED BY THE CFD WOULD BE ASSESSED SOLELY ON THE FUTURE PROPERTY OWNERS WITHIN THE RANCH, A LA HARBOR SPECIFIC PLAN.

WHILE THERE ARE SEVERAL COMPONENTS TO THE PROPOSED PROJECT THAT NEED TO BE DECIDED THE PRIMARY POLICY QUESTION, THAT MUST BE FIRST CONSIDERED BY THE COMMISSION AS TO WHETHER THE EXISTING PROPERTY SHOULD REMAIN DESIGNATE NEEDED OPEN SPACE, OR SHOULD IT BE REZONED FOR RESIDENTIAL DEVELOPMENT? THE ANSWER TO THIS, AS THE FUNDAMENTAL QUESTION IN THE COMMISSION, SUBSEQUENT RECOMMENDATION TO THE COUNCIL WAS THEN DETERMINED RECOMMENDATIONS RELATED TO THE LAND USE AND ENTITLEMENT REQUESTS.

SO THIS IS JUST KIND OF SHOWS THE DECISION TREE THAT THE COMMISSION IS GOING TO BE CONSIDERING, UM, AFTER THEY'VE LISTENED TO ALL THE PUBLIC TESTIMONY AND BASED ON ALL THE DOCUMENTATION THAT THEY'VE THEY'VE BEEN PROVIDED.

SO THE GENERAL PLAN, SOME MORE CONSIDERATIONS, THE GENERAL PLAN AMENDMENT THAT HAS BEEN REQUESTED AS A RESULT OF THIS IS A POLICY DECISION THAT REQUIRES LEGISLATIVE ACTION.

LEGISLATIVE ACTS ARE BINDING ONLY WHEN THEY ARE APPROVED BY THE CITY COUNCIL IN ITS CAPACITY.

THE PLANNING COMMISSION SERVES AS A RECOMMENDING BODY TO THE COUNCIL WHO IS THE LEGISLATIVE BODY AND FINAL AUTHORITY ON THIS PROJECT, CONSIDERING ITS RECOMMENDATION.

AGAIN, THE PLANNING COMMISSION MAKE IS ALL THE WRITTEN MATERIALS THEY HAVE BEEN PROVIDED WITH WITHIN THE STAFF REPORT AND ATTACHMENTS, PUBLIC TESTIMONY RECEIVED, OR WRITING OR ORALLY DURING THE PUBLIC HEARING.

AND THERE ARE, AGAIN, SOME MORE ITEMS THAT CAN CONDITION CAN CONSIDER.

THEY CAN CONSIDER THAT THE VISION FOR THIS PROPERTY WAS ORIGINALLY FOR OPEN SPACE, WHICH WAS CARRIED OVER FROM THE ORIGINAL, THE PREVIOUS GENERAL PLAN.

ALTHOUGH THE SUBJECT PROPERTY IS DESIGNATED OPEN SPACE.

IT IS PRIVATE PROPERTY BY SUBMITTING A CROSS REQUEST TO THE CITY TO CHANGE THEIR LAND, USE DESIGNATION, TO OPEN SPACE, THEY ARE EXERCISING THEIR PRIVATE PROPERTY, PROPERTY RIGHTS TO REQUEST THAT YOU CHANGE SUPPORT FOR THE PROJECT, UH, COMMUNICATION AND LETTERS FROM THE APPLICANT, HOUSING ADVOCATES AND OTHER WHO HAVE WRITTEN SUPPORT OF THE PROJECT HAVE ARGUED THAT THE PROJECT SHOULD BE APPROVED OPPOSITION TO THE PROJECT MEMBER OF THE SAFE LAHABRA GROUP AND OTHER IN THE COMMUNITY HAVE EXPRESSED STRONG AND ORGANIZED OPPOSITION TO THE PROJECT SINCE THE FIRST SCOPING MEETING SEVERAL YEARS AGO, UM, HOUSING LAW, AFFORDABLE RE AFFORDABLE HOUSING, REGIONAL HOUSING NEEDS ASSESSMENT, UM, ALSO NEEDS TO BE CONSIDERED IN THIS IS THE CITY'S OBLIGATION, UM, TO PROVIDE HOUSING IS WITHIN THE REGION.

UM, PUBLIC SERVICES AND FACILITY ANALYSIS ALSO HAS TO BE CONSIDERED.

SO BASED ON ALL OF THAT, THE STAFF IS RECOMMENDING THAT THE COMMISSION PROVIDE DIRECTION TO THE STAFF TO BRING BACK RESOLUTIONS ON, ON THESE VARIOUS DIFFERENT ACTIONS.

SO AT THIS TIME, UM, I WOULD BE HAPPY TO ENTERTAIN ANY QUESTIONS THAT THE COMMISSION MIGHT HAVE.

THANK YOU VERY MUCH, MR. RAMSON GOOD REPORT.

WE APPRECIATE THAT.

EXCUSE ME, AT THIS TIME, I'M GOING TO ROLL CALL THE COMMISSIONERS TO SEE IF THEY HAVE ANY QUESTIONS AS STAFF, AND I'M GOING TO BE KICKING THIS OFF.

SO BEAR WITH ME, ROY, IF YOU WOULD, UH, FIRST THING, I'M CONFUSED A BIT ABOUT THE CFD, THE COMMUNITY FINANCIAL DISTRICT.

I WAS UNDER THE IMPRESSION THAT THIS IS NOT A STANDARD TRADITIONAL MELLO ROOS SITUATION WITH A, WITH AN ENCUMBRANCE ON THE DEED OR TITLE, AND THAT IT MAY NOT NECESSARILY BE PERMANENT SHOULD AT SOME POINT, SUBSEQUENTLY THE HOA DECIDE TO DISCONTINUE THEIR PARTICIPATION, BUT MAYBE THAT'S INCORRECT.

COULD YOU SHED SOME LIGHT ON THAT? I CAN GIVE A BRIEF ANSWER AND THEN I WILL DEFER TO THE ATTORNEYS FOR MAYBE A DETAILED ANSWER.

UM, THIS, THIS TYPE OF A DISTRICT WIDE, THE COMMISSION AND THE COUNCIL ARE MAKING RECOMMENDATIONS TO APPROVE IT.

IT ACTUALLY HAS TO GO TO VOTE OF ALL THE PROPERTY OWNERS LOCATED WITHIN THE DISTRICT.

UH,

[00:45:01]

SO, YOU KNOW, SO IT ONLY TAKES ONE VOTE TO GET THE DISTRICT PUT IN PLACE.

SO, SO, BUT, BUT THE COUNCIL CAN TAKE ACTION LATER ON IN THE FUTURE AND HAVE ANOTHER VOTE IN, IF THERE IS A DESIRE TO MAKE THE DISTRICT GO AWAY, IF THEY, IF THEY CHOOSE TO DO SO WELL, COULD HOMEOWNERS DO THAT THEMSELVES BECAUSE THE HOMEOWNERS VOTE A MAJORITY VOTE OF THE HOA TO CEASE THE ARRANGEMENT IS THAT A PILOT, I WOULD DEFER TO THE ATTORNEYS FOR THE DETAILS ON THIS.

THIS IS NOT REALLY MY AREA OF EXPERTISE.

THIS IS CHANEL GIOVINCO.

THIS IS ACTUALLY GOING TO BE ANY CFG FORMATION AS PART OF A SEPARATE PROCESS.

SO THIS IS NOT ACTUALLY BEFORE THE COMMISSION TONIGHT FOR A RECOMMENDATION IN TERMS OF THE CFD.

THE OTHER ACTIONS ARE WITH RESPECT TO THE DEVELOPMENT AGREEMENT AND ALL OF THE LAND USE ENTITLEMENTS.

BUT THE CFD FORMATION IS A SEPARATE DISCRETIONARY PROCESS.

THAT IS NOT ACTUALLY BEFORE THE PLANNING COMMISSION THIS EVENING.

WELL, I APPRECIATE THAT.

I'LL TELL YOU THE REASON WHY I ASK IS BECAUSE IF FOR SOME REASON THE CFD WAS DISSOLVED SUBSEQUENTLY, THAT MEANS THAT THE BURDEN FOR THE MAINTENANCE OF THIS COMMON PROPERTY WITHIN THE DEVELOPMENT WOULD THEN FALL UPON THE TAXPAYERS OF THE HARBOR.

SO THAT'S WHAT I'M A LITTLE BIT CONCERNED ABOUT.

AND I THINK THAT GENERAL CONCERN IS WHEN THE PERP WAS, IS WITHIN THE PURVIEW OF THE PLANNING COMMISSION.

SO AGAIN, THE QUESTION WOULD BE IF THEY CAN, IF THEY CAN BREAK THIS CFD UP THEMSELVES, THE HOA, THEN AGAIN, THAT ALL OF A SUDDEN BEGINS TO TRACKING FROM WHATEVER BENEFIT WE'RE DERIVING FROM THIS PROJECT.

IF CITY OF HARBOR HAS START PAYING TO MAINTAIN THE PARK AND THE WATER FEATURE, ET CETERA, DO YOU SEE MY POINT THERE? YES.

YES.

AND THAT'S SOMETHING THAT, UM, I UNDERSTAND THE CONCERN, UM, AND AGAIN, THE, THE SPECIFICS OF HOW THAT WOULD PLAY OUT WHAT ITEMS WOULD BE BEFORE IT INCLUDED IN THE CFD, HOW, WHAT WOULD BE FORMED AND WHAT WOULD HAPPEN AFTER IS, IS PART OF A SEPARATE PROCESS.

BUT I UNDERSTAND THE CONCERN.

DEFINITELY.

THAT'S WHY I GET IT, DON'T ANSWER IT AS IT'S KIND OF UP IN THE AIR.

AND THAT'S KIND OF WHAT I WAS LOOKING FOR.

THERE IS NO CERTAINTY AT THIS POINT WITH THAT, AND I APPRECIATE IT VERY MUCH, ROY.

UH, ARE YOU BACK I'M BACK? SO 402 VERSUS FOUR 48.

NOW, INITIALLY THE EIR STIPULATED THAT THIS WAS A DEVELOPMENT FOR 402 HOMES WITH A POSSIBILITY, A PERMISSIVE SITUATION WHERE IT COULD EITHER BE 20,000 FEET OF COMMERCIAL, POTENTIALLY RETAIL OR AN ADDITIONAL 46 UNITS.

AND THROUGHOUT ALL THE DOCUMENTS THAT I READ, IT WAS ALWAYS A EITHER OR SITUATION, BUT NOW IT SEEMS LIKE THE APPLICANT IS MORE OR LESS SETTLED AND THEY'VE DECIDED TO FOREGO THE COMMERCIAL APPLICATIONS IN AREA FIVE PLANNING, AREA FIVE, I BELIEVE.

AND INSTEAD THEY'RE SETTLING ON BUILDING THOSE ADDITIONAL HOMES FOR A TOTAL OF 448.

IS THAT CORRECT? THAT THAT IS THEIR PREFERRED ALTERNATIVE.

UM, AND, AND THE, THEY DID DO AN EXTENSIVE ANALYSIS ON THE VIABILITY OF THE DOING COMMERCIAL ON THAT LOCATION AND MADE THE DETERMINE NATION THAT IT'S NOT VIABLE, BUT AGAIN, THE APPLICANT WILL BE MAKING A PRESENTATION.

SO PERHAPS I WOULD LEAVE THE SPECIFICS, SPECIFICS OF THEIR ANALYSIS THEN STUDY.

THEY DID.

AND MAYBE THEY CAN ANSWER YOUR QUESTION A LITTLE BIT MORE DETAIL THAN I COULD.

THAT'S FINE.

THANK YOU.

UH, HOW EXACTLY WOULD YOU SAY IS THE PROJECT IN CONFLICT WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS, GOALS AND POLICIES? THERE'S SOME CONFLICT THERE, I BELIEVE, UM, I GUESS, UH, ARE YOU REFERRING TO THE RENA NUMBERS OR NO, IT WAS JUST READING WHEN IT COMES TO, TO SCAG AND THEIR, AND THEIR APPROACH TO WHAT THEY FEEL SHOULD BE A SUBURBAN DEVELOPMENT.

IT LOOKS LIKE THIS PROJECT DOESN'T REALLY FIT IN WITH THEIR STATED GOALS AND POLICIES, UH, AS, AS CURRENTLY PLANNED.

DOES THAT MAKE SENSE? WELL, THE STATED GOALS OF, OF SCAG AS THE REGIONAL PLANNING AREA IS TO MANDATE AND ENFORCE THE REGIONAL HOUSING NEEDS ASSESSMENT.

SO IN UNDER THOSE PARTICULAR REQUIREMENTS THAT THE CITY IS GOING TO BE RESPONSIBLE FOR PROVIDING A TOTAL OF, OF HOUSING UNITS FOR, TO OUR, TO OUR AREA.

THAT EXACT NUMBER HAS NOT BEEN VOTED ON AND APPROVED BY SCAG AS OF THIS POINT.

UM, BUT THE TENTATIVE WORKING NUMBER IS 803.

ALRIGHT, THANK YOU.

IS THE PROJECT IN CONFLICT WITH THE AQM THESE THRESHOLDS FOR GREENHOUSE GAS EMISSIONS? YES.

AND A FEW, WE HAVE THE ENVIRONMENTAL CONSULTANT CONSULTANTS AVAILABLE.

IF YOU WANT HIM TO ELABORATE ON THE GREENHOUSE GASES IN THE AIR QUALITY THAT THAT'S ALL COVERED IN THE STATEMENT OF OVERRIDING CONSIDERATIONS AND IN LLOYD WOOD IS HERE TO ANSWER THOSE QUESTIONS IF YOU'D LIKE, ALL RIGHT, THAT'S FINE.