The project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) because the project does not pose a significant effect on the environment.  The acquisition of the property is exempt from the review under CEQA because the purchase of the property will not change its continued use as a parking lot and, therefore, will not have a significant impact on the environment.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, DETERMINING THAT THE PROPOSED ACQUISITION OF THE 2.8-ACRE PARCEL IN LA HABRA COMMONLY KNOWN AS A PORTION OF THE LA HABRA MARKETPLACE PARKING LOT, APN 018-381-64, IS IN CONFORMANCE WITH THE LA HABRA GENERAL PLAN IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65402 AND DETERMINING THE ACQUISITION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15061(B)(3) (COMMON SENSE EXEMPTION) OF THE CEQA GUIDELINES

The Successor Agency to the La Habra Redevelopment Agency ("SA") is responsible for winding down the activities of the City's former Redevelopment Agency. Among those activities is submitting requests for payments of recognized obligations to both the Orange Countywide Oversight Board ("OB") and the State Department of Finance and disposition of any properties owned by the former Redevelopment Agency. To date, there remains one parcel of land still owned by the Redevelopment Agency, a 2.8-acre portion of the La Habra Marketplace parking lot (APN 018-381-64), shown below in Exhibit 1.

The City of La Habra ("City") has expressed an interest in acquiring this property from the SA.  The property is the parking area located south of Ross Dress for Less, Carter's and Esporta Fitness; the portion of the property that is along Imperial Highway, is the parking area and driveway located between the dentist offices and Red Robin. The property is designated by the General Plan for Commercial Shopping Center 2 land use and is located within the C-2sH (Community Shopping Center High Density) Zone. Grant Deed, Record No. 90-340988, recorded June 27, 1990, restricts the use of the property “solely for a surface level public parking lot and no other use shall be allowed thereon.” Should the City purchase the property, the property would continue to be used as a surface level public parking lot, which contributes towards the parking spaces required for the La Habra Marketplace to meet the parking requirements of the La Habra Municipal Code.  
  EXHIBIT 1


In order for the City to purchase the property, Government Code Section 65402 requires the Planning Commission to make a determination that the property conforms with the General Plan. The General Plan describes the Commercial Shopping Center land use designation as being: "Characterized by a variety of commercial uses serving the larger citywide area as well as the immediate surrounding communities. These centers typically have a principal outlet or anchor that includes a variety store, supermarket, or home improvement store and a range of food, convenience goods, and specialty retail/merchandise commercial uses." The difference between a Commercial Shopping Center 2 land use designation and the Commercial Shopping Center 1 land use designation is the maximum floor area ratio (FAR) that is permitted, which is 0.5 FAR for Type 1 and 0.8 for Type 2. 

As the subject property is located within the La Habra Marketplace shopping center, and this shopping center includes a variety of uses consistent with the General Plan's description for the Commercial Shopping Center 2 land use designation, for which the property provides public parking; and, if the City chooses to purchase the property, it would continue to operate as a parking lot consistent with the Grant Deed, providing Code required parking for the shopping center; staff recommends that the Planning Commission find the property in conformance with the General Plan and Zoning Code.

Funds are available in the General Fund property acquisition reserve to cover the cost of the acquisition of the subject property.

The proposed acquisition has been reviewed pursuant to the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and Model Water Quality Management Plan (WQMP).  The acquisition of the Property is exempt by the Water Quality Ordinance.  The subject action only relates to the purchase of the property.  Further review will be conducted if and when the parcel is planned for development.

General Plan Goals and Policies:
Goal LU 2: Land Use Diversity and Choices for Residents. A mix of land uses that meets the diverse needs of La Habra’s residents, offers a variety of employment opportunities, and allows for the capture of regional population.
Policy LU 2.2:Places to Shop. Provide for, and encourage, the development of a broad range of uses in La Habra’s commercial centers and corridors that reduce the need to travel to adjoining communities, and which subsequently capture a greater share of local spending.
Goal 11: Diverse District and Corridors: Vital, active, prosperous, and well-designed commercial districts that provide a diversity of goods, services, and entertainment and contribute to a positive experience for visitors and community residents.
Policy LU 11.1: Diversity of Uses: Provide for and encourage the development of a broad range of uses in La Habra’s commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.

City Council Goals and Objectives:
Goal 5:Development Activity and Business Assistance
Objective N: Monitor Commercial property listings for potential acquisition and/or marketing to attract/retain businesses.