This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15332, Class 32: "Infill Development Projects" of the CEQA Guidelines because the project is consistent with the General Plan designation and all applicable General Plan policies and with applicable zoning designation and regulations; is less than five acres; located within an urbanized area; the project site has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, the site can be adequately served by all utilities and public services. The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING TENTATIVE TRACT MAP 23-02 TO ALLOW A RESIDENTIAL SUBDIVISION FOR CONDOMINIUM PURPOSES AND DESIGN REVIEW 23-04 TO CONSTRUCT 22 TOWNHOME UNITS (INCLUDING THREE UNITS FOR SALE TO MODERATE-INCOME LEVEL HOUSEHOLDS) ON THE PROPERTY CURRENTLY ADDRESSED AS 310-330 EAST WHITTIER BOULEVARD, 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

The Applicant, Kim Prijatel from City Ventures, is requesting approval of Tentative Tract Map 23-02 (TTM 19280) to allow a residential subdivision for condominium purposes and Design Review 23-04 to develop a total of 22 townhome units with three units (10%) designated as units for sale to moderate income level households. The 38,511 square foot (0.88 acres) project site is located at the southeast corner of East Whittier Boulevard and Orange Street, on the properties that are currently occupied by Magnolia Vintage Home & Gift and the Chicken Box Broasted Chicken (See Vicinity Map, Exhibit 1). The General Plan designates this site for Corridor Mixed Use 1 land use, which allows for residential development, commercial development or a mixed-use development. The project site is within the C-2 (Commercial) Zone and the MX (Mixed-Use) Overlay Zone, which implements the project site’s General Plan land use designation. The General Plan Corridor Mixed Use 1 land use designation allows development of up to 24 dwelling units per acre. Based on the size of the project site, a maximum of 22 units could be developed pursuant to the subject property's General Plan land use designation; as noted above, 22 units are proposed.

To the north of the project site, across East Whittier Boulevard, are the Hyland Motel and Hector’s Furniture store. Marie Callender’s restaurant and La Habra Bowling Lanes are located to the east of the project site and an existing automotive repair and upholstery shop to the west, across North Orange Street. All of these properties share the same General Plan land use designation of Corridor Mixed Use 1. To the south of the property are existing single family residences on properties designated by the General Plan for Low Density Residential land use.

EXHIBIT 1


Housing Crisis Act of 2019 - SB 330 - Vested Ordinances, Policies and Standards
To facilitate more housing development, in 2019, the State enacted Senate Bill 330 (SB 330), which created a preliminary application process to help increase transparency and certainty for housing developers. A preliminary application vests ordinances, policies and standards, including fees, in effect at the time of filing. A preliminary application is “deemed complete” at the time of submittal if it contains all information required by Government Code section 65941.1. The City is not required to provide an affirmative determination regarding the completeness of the preliminary application. Following the submission of a preliminary application containing all information required by statute, an applicant has 180 days to submit the full development application. The Applicant submitted an SB 330 preliminary application on June 15, 2023 which was determined to contain all necessary information. As a result, new requirements such as the City’s Objective Design Standards that were adopted on December 18, 2023, do not apply to this project. As noted above, SB 330 also guarantees the developer that no new city fees other than what were in place when the SB 330 application was submitted, will apply to this project. To date, there have been no changes in City fees that affect the Applicant. Finally, SB 330 requires that the review of this housing development not be subjected to more than five hearings. A “hearing” is broadly defined to include any public hearing, workshop or similar meeting conducted by a city with respect to a housing development project. On April 22, 2024, the Planning Commission will be conducting the first hearing on this project.  

State Density Bonus Law
In addition, the State has adopted certain incentives and concessions for affordable housing that are implemented by Government Code Sections 65915-65918 (State Density Bonus Law). The number of incentives that a developer is entitled to are based on the number of affordable units proposed. These incentives include density bonuses that allow developers to construct more units than permitted by the City's General Plan and Zoning, as well as regulatory relief from certain development standards, and minimum parking requirements that are lower than the City's requirements. The Applicant is proposing to make three of the 22 units affordable to moderate-income households (see Exhibit 2 below for applicable income limits). Although the Applicant is not seeking a density bonus above the maximum density allowed pursuant to the City's General Plan and Zoning, the project provides at least 10% affordable units to moderate-income level households that will be built on-site. By providing 10% of the units as affordable to moderate-income households, the project is entitled to one concession under State Density Bonus Law. A concession must result in an identifiable and actual cost reduction. The Applicant is requesting to use its concession to waive the requirement that the Applicant underground the existing power lines located along the project frontage on East Whittier Boulevard. It is estimated that the Applicant will save approximately $1.2 million. A concession may only be denied if it would have a specific, adverse impact on the public health or safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the impact without the development being unaffordable to low-income and moderate-income households. Under the State Density Bonus Law, the Applicant is also entitled to unlimited waivers/reductions in development standards if the development standard would have the effect of physically precluding the construction of a development at the permitted density and with the granted concessions/waivers. A waiver may only be denied if it would have a specific, adverse impact on the public health or safety. The Applicant is requesting to use this part of State Density Bonus Law to request reductions in the required front and rear setbacks. 

Affordability Requirements - State Laws/Local Inclusionary Housing Ordinance
In 2021, the City adopted an Inclusionary Housing Ordinance, set forth in Chapter 18.82 of the La Habra Municipal Code (LHMC). The stated purpose of the Inclusionary Housing Ordinance is to establish a citywide inclusionary housing program that provides requirements and procedures to develop housing that would be affordable to households of very low, low, or moderate incomes, meet the City’s regional share of housing needs, and implement the goals and objectives of the General Plan and the Housing Element. The provisions of the Inclusionary Housing Ordinance apply to all residential development projects in the City that construct 10 or more units. Pursuant to LHMC Section 18.82.050(A)(1), if an applicant chooses to provide for-sale Inclusionary Housing Units, a minimum of 15 percent of the total number of for-sale dwelling units is required to be sold to moderate-income level households.  Pursuant to LHMC Section 18.82.080, applicants have options for complying with the Inclusionary Housing requirements, including (1) constructing the required Inclusionary Housing Units on-site within the residential project; (2) constructing the required Inclusionary Housing Units off-site, provided that the applicant acquires and manages the off-site property; (3) paying in-lieu fees, charged at $6.50 per square foot of building space for the project’s total floor area; (4) acquiring and reconstructing existing units; or (5) any combination of the foregoing options. To comply with the Inclusionary Housing Ordinance, the Applicant is required to provide at least four inclusionary units. The Applicant is proposing to provide three units restricted to moderate income level households on-site and pay in-lieu fees for one additional unit. Pursuant to LHMC Section 18.82.080(C), the in-lieu fee will be $6.50 per square foot of the project's total floor area. This fee is then set aside to assist with future affordable housing.

The various income limits applicable to the Orange County area, established for affordable housing are as follows:

EXHIBIT 2
                                   NUMBER OF PERSONS IN HOUSEHOLD

	1	2	3	4	5	6	7	8
Acutely Low	$13,400	$15,300	$17,250	$19,150	$20,700	$22,200	$23,750	$25,300
Extremely Low	$30,150	$34,450	$38,750	$43,050	$46,500	$49,950	$53,400	$56,850
Very Low Income	$50,250	$57,400	$64,600	$71,750	$77,500	$83,250	$89,000	$94,750
Low Income	$80,400	$91,850	$103,350	$114,800	$124,000	$133,200	$142,400	$151,550
Median Income	$89,450	$102,250	$115,000	$127,800	$138,000	$148,250	$158,450	$168,700
Moderate Income	$107,350	$122,700	$138,000	$153,300	$165,600	$177,900	$190,150	$202,400

To ensure that the proposed project is developed with the affordability requirements proposed and the in-lieu fee is paid, Project Specific Condition No. 1 requires the Property Owner to enter into an Affordable Housing Agreement with the City, prior to the issuance of a Certificate of Occupancy or permit final, with the components below.

1) Affordable Housing Plan. These plans shall show the location of the inclusionary housing units within the overall residential project site.

2) Inclusionary Housing Plan. These plans shall describe the inclusionary housing units that will be provided, as follows:
3) Affordable Housing Covenants. These covenants shall ensure the continued affordability of inclusionary housing units in the overall residential development.
For-sale residential projects, such as the subject project, are typically required by State law to be affordable to the first buyer, subject to an equity sharing agreement with the City, where the City receives a portion of any appreciation of the home at the time the original homeowner sells the home. The City places the funds from the equity sharing agreement into an affordable housing fund, which the City uses to facilitate future affordable housing.

The Affordable Housing Agreement is subject to review and approval by the City Council. The Affordable Housing Agreement is not under the purview of the Planning Commission.

Subdivision Map Act Requirements for Tentative Map
As required by the Subdivision Map Act (Government Code Section 66410 and Title 17 of the LHMC), the Applicant submitted a request for approval of Tentative Tract Map 23-02 (TTM 19280) for condominium purposes in order to enable the division and sale of land involving a total of 22 townhome units. The Applicant’s Engineer, C&V Consulting, Inc., prepared TTM 19820, which includes a preliminary site plan of the project site, including the metes and bounds of the property lines of the new lots and associated easements and rights-of-way. Since this is a tentative map, TTM 19280 also shows the proposed building and land alterations and also the topography of the project site. TTM 19280 includes a preliminary grading and drainage plan, a preliminary utility plan, and a preliminary fire access and hydrant location plan. TTM 19821 is provided as part of the project plans provided as Attachment 3 to this staff report.
 

Site Plan Layout
As shown in Exhibit 3 below, the project site is a rectangular lot. The area east of the subject property, identified on the exhibit as "Future Parcel," is currently occupied by Marie Callender’s restaurant. According to the Applicant, Marie Callenders has a long-term lease which allows the restaurant to continue its operations until the year 2029. While this property is not a part of this project now, the Applicant has identified it as a future parcel should City Ventures be able to acquire this property upon this lease ending. 

Access to the project site will be provided via a driveway on North Orange Street that branches out to terminate before reaching East Whittier Boulevard and the east property line. The townhomes will be constructed as one six-plex building and two eight-plex buildings, with garages that face the drive aisles. All 22 townhome units will have access to a private deck, 16 of the units (Buildings 2B and 3B) will have private patios, and a common open space will be provided adjacent to the south property line. In order to provide additional area in the drive aisle for a fire truck to maneuver and turnaround, Building 1B, a six-plex building, will not have private patios.

EXHIBIT 3



Development Standards
The property is being developed in compliance with the development standards of the MX (Mixed-Use) Overlay Zone. For certain development standards, the MX Overlay Zone refers to the development standards of the underlying zone, in this case the C-2 (Commercial) Zone. Staff has confirmed that the project complies with the required development standards of the C-2 Zone and special development standards of the MX Overlay Zone, as summarized in Exhibit 4, except front and rear yard setbacks. The applicant has requested a waiver of these setback requirements under State Density Bonus Law.

EXHIBIT 4

C-2/MX Overlay Zone Development Standards	Required	Proposed
Maximum Building Height	50'-0"	35'6"
Minimum Front Yard Setback (Orange Street)	20'-0"	7'-10"*
Minimum Side Yard Setback (Whittier Boulevard)	10'-0"	10'-0"
Minimum Side Yard Setback (South Property Line)	5'-0"	5'-0"
Minimum Rear Yard Setback (East Property Line)	20'-0"	5'-0"*

*Waiver allowed under State Density Bonus Law
 

Building Design
Since the Applicant filed a preliminary application under Senate Bill 330, the project is subject to complying with the standards in place at the time the preliminary application was submitted. As a result, the project will not be subject to complying with the City’s Objective Design Standards which were adopted by City Council on December 18, 2023. 

The Applicant has opted to construct the new townhomes using the Spanish architectural style. Character defining features include:

Building 1B was designed as a six-plex building, while Buildings 2B and 3B were each designed as eight-plex buildings as depicted in Exhibit 5 below. While Building 3B will face the existing neighboring properties to the south, there is a 20 foot landscaped area that will provide a buffer from the proposed project. It is anticipated that the landscaping will help obscure the view of the existing residences, enabling more privacy to these residents. In addition, although Building 3B will face these residences, the proposed decks and windows will face the front yard areas of these existing homes and will not provide views into the residences or their backyards, where residents typically assume a certain level of privacy.

EXHIBIT 5

SIX-PLEX DESIGN

EIGHT-PLEX DESIGN


Building Design/Fire Department Compliance
The Los Angeles County Fire Department (LACFD) serves the City of La Habra, including the subject property. As mentioned earlier in this report, the Applicant is requesting to use its one concession, as allowed by State Density Bonus Law, to remove the requirement to underground existing powerlines along their project frontage on East Whittier Boulevard. As a result, the proposed buildings (Buildings 1B and 2B) will be located as close as 14’-9” to the existing powerlines. In order to reduce potential fire damage from the powerlines, the LACFD has required that Buildings 1B and 2B include 2-hour, fire-rated wall construction. In addition, the private drive aisles, which are highlighted in gray in Exhibit 6 below, will help ensure sufficient fire access will be provided to the site. The project plans also note the location of existing fire hydrants. The Applicant has received confirmation from LACFD that the existing fire hydrants will meet the required fire flow requirements for the project. As a condition of approval, the Applicant is required to comply with all requirements set forth by the Los Angeles County Fire Department prior to the issuance of any building permits.

EXHIBIT 6



Roof Equipment Screening

The proposed project will have roof-mounted equipment on each of the buildings. Consistent with the requirements of LHMC Section 18.32.050(D)(5), staff has advised the Applicant that all roof mounted equipment must be screened by a parapet wall and cannot be visible from grade level or adjacent higher street elevations. The project plans include a line-of-sight detail showing the roof mounted equipment will not be visible from East Whittier Boulevard if you are standing on the sidewalk immediately adjacent to the project site or within the private drive aisle. The project plans do not show the line-of-sight for the roof mounted equipment if you are standing on the sidewalk located along the other side of Whittier Boulevard, the sidewalk located furthest west along North Orange Street and from Burch Street where existing single-family residences will be able to see the proposed new buildings. It also does not reflect the line-of-sight if you are traveling further west and/or east of the project site along Whittier Boulevard. As a condition of approval, the applicant shall be required to submit final building plans that include the line-of-sight details from all of these locations to the satisfaction of the Director of Community and Economic Development prior to the issuance of any building permits.

Floor Plans 
As shown in Exhibit 7, the project proposes two types of floor plans. Plan 2 will consist of three bedrooms and three bathrooms. Each Plan 2 unit will be 1,362 square feet in size. Plan 4 will consist of four bedrooms and three bathrooms. Each Plan 4 unit will be 1,588 square feet in size.

EXHBIT 7
Plan 2


Plan 4


Parking
As previously described, State Density Bonus Law determines the minimum number of parking spaces required for projects that meet certain affordability requirements. State Density Bonus Law does not require any additional parking space for guest parking. The proposed project is subject to the following State Density Bonus Law parking requirements: 

EXHIBIT 8

Number of Bedrooms	Number of Parking Spaces Required per Unit	Number of Units in Proposed Project	Number of Parking Spaces Required for Proposed Project
1	1	0	0
2	1.5	0	0
3	1.5	11	16.5
4	2.5	11	27.5
Required			44
Proposed			53

The Applicant is proposing to exceed the State Density Bonus Law parking requirement of 44 parking spaces by providing a total of 53 parking spaces. The Applicant is proposing to provide 44 of these parking spaces within garages. Each of the 22 units will have a garage that accommodates two parking spaces. Eleven of the garages will have 20’ x 20’ interior dimensions that allow vehicles to park side-by-side. Eleven of the garages (Units 2, 3, 5, 48, 10, 11, 13, 16, 18, 19 and 21) will have 10' x 40' interior dimensions that require tandem parking. Although the LHMC does not include regulations for tandem parking, this type of parking is permitted under State Density Bonus Law. Additionally, the Applicant proposes to provide nine guest parking spaces, which include two ADA designated parking spaces. 

Traffic
Based on the project size of 22 townhome units, the City's Traffic Manager expects that the proposed number of vehicle trips generated by the proposed project will be negligible. A Traffic Study would be required if the project generated 40 or more pm peak hour trips. The proposed project, even after including the potential build out of up to 10 additional units on the neighboring site to the east, is anticipated to generate less than 40 trips during the pm peak hour. To ensure the project will not result in adverse traffic impacts, the Applicant will be required to provide a trip generation study as a condition of approval.

Open Space/Common Area Amenities

The proposed project includes the total amount of open space described in the table below:

EXHIBIT 9

All 22 townhome units will have access to a private deck and the majority of the townhome units (16 units) will have access to private patios. The six units within Building 1B will not have access to patios, but instead will have steps along with landscaping leading to each front entrance.

As indicated in Exhibit 9 below, common usable open space is proposed to be provided along the south side of Building 3B. As proposed, this area will provide a pedestrian walkway to two seating areas and enhanced landscaping. The common open space area will include lighting to enhance trees within the landscape or illumination along pedestrian walkways.

EXHBIT 10

Pursuant to LHMC 18.54.050, non-mixed use projects in the Mixed-Use (MX) Overlay Zone are required to comply with the open space requirements of the base zone, which for the project site is the C-2 (Commercial) Zone. The only open space requirements applicable to the C-2 Zone, are the previously-described front, side and rear yard setback requirements; as noted previously the proposed project complies with the setback requirements, except for the front and rear yard setbacks, for which they have requested a development waiver permitted by State Density Bonus Law. Therefore, they are in compliance with the required open space requirements for the C-2 Zone. 

Please note that the Zone Change that was adopted on December 18, 2023, now provides the following more detailed open space requirements for all residential projects regardless of base zone: "Each dwelling unit shall have a minimum of two hundred fifty square feet of usable open space. This can be provided through private or common open space area. Mixed-use and residential projects shall provide private open space area such as patios or balconies adjacent to at least fifty percent of the units. Roof top decks may also be used to meet this requirement." However, pursuant to SB 330, these requirements are not applicable to the proposed project.

The MX Overlay Zone does provide the following requirements for Community Amenities: "Community amenities, both indoor and outdoor shall be provided for active and passive recreation. The amenities shall enhance the overall quality of development and contribute to the character of the area. The size of the amenities shall be proportional to number of dwelling units provided."  The proposed project provides amenities for both active (pedestrian walkway) and passive (seating areas) recreation, which are generally proportional to the number of units provided (approximately 120 square feet of common open space per unit). However, staff notes that the "proportional" requirement is subjective and is another development standard that can be waived pursuant to State Density Bonus Law. The Zone Change that was adopted on December 18, 2023, removed the "proportional" requirement in an effort to provide an objective design standard.

REQUIRED FINDINGS

Tentative Tract Map 23-02 (TTM 19280)
Pursuant to LHMC Title 17, Section 17.08.110 (Public Hearing) of Chapter 17.08 (Subdivision Maps), the Planning Commission must hold a public hearing for review of all Tentative Tract Maps. When considering Tentative Tract Maps, the Commission reviews the proposal for consistency with the La Habra General Plan, the requirements of the La Habra Subdivision Ordinance, and the Subdivision Map Act. Additionally, the Planning Commission makes a determination that the project is physically suitable for the site and designed in a manner that will not cause any detriment to the public welfare. While no specific findings are called out in the LHMC, the below findings support the approval of the Tentative Tract Map under state law. The Subdivision Map Act includes a list of grounds for denial; if any one of the findings is made, the map must be denied. The list below outlines the grounds for denial pursuant to the Subdivision Map Act and staff's recommended justification that there are no applicable grounds for denial.

A. That the proposed map is not consistent with the applicable general plan and specific plans as specified in Section 65451.

Pursuant to the City of La Habra's General Plan 2035, the project site is designated as Corridor Mixed-Use 1. This land use provides for the development of multi-family housing and contemplates residential development of up to 24 dwelling units per acre. The proposed project will provide 22 dwelling units per acre, which includes three, for-sale units for moderate-income level households to be built on-site that will enable the City to meet its Housing Element goals and policies intended to facilitate the development of housing at all levels of affordability. Furthermore, the project implements LU 1.2 (Development Capacity) by accommodating the type and density of land use depicted in the Land Use Diagram, LU 2.1 (Places to Live) by adding for-sale housing in La Habra, LU 4.1 (Development Compatibility) by requiring that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, access, and impacts of noise and lighting, LU 4.4 (Design Review) by requiring design review that focuses on achieving appropriate form and function to assure compatibility with community character, while promoting creativity, innovation, and design quality, LU 5.5 (Revitalization of Obsolete and Underused Properties) by facilitating the revitalization of underused properties, LU 6.4 (Housing Type Distribution) by allowing the establishment of market-rate and affordable townhomes, LU 7.2 (New Residential Development) by establishing new residential development, LU 9.2 (Amenities) by the Applicant providing a communal landscaped area with sitting areas, H 1.3 (Support Private Sector Housing Production) by facilitating the production of new housing for the community, H 1.5 (Market and Non-Market Housing Production Needs) by allowing the establishment of for-sale townhomes for the community. There are no Specific Plans that are applicable to the project site. Therefore, the proposed map is consistent with the General Plan and TTM 19280 should not be denied.

B. That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans.

The General Plan establishes goals and policies for the development of various projects in the City based on the particular land use designation. These goals are implemented through the creation of development standards in supporting documents such as Title 18 (Zoning) of the LHMC. In this case, the General Plan land use designation is Corridor Mixed-Use 1, which allows for residential development of up to 24 dwelling units per acre. The property is within the C-2 Zone and the MX Overlay Zone. The MX Overlay Zone implements the General Plan Corridor Mixed Use 1 land use designation. There are not Specific Plans that are applicable to the project site.

The Applicant is proposing to utilize the MX Overlay Zone to develop 22 townhome units; three of which will be restricted to moderate-income level households. As described in this staff report, the proposed Tentative Tract Map is consistent with the requirements of the MX Overlay Zone, whereby multi-unit residential development is identified as being permitted by right. The project has been designed to comply with the development standards of the MX Overlay Zone, with the exception of the development standard waivers that are permitted under State Density Bonus Law. Therefore, since the design of the proposed subdivision meets the requirements of the MX Overlay Zone, which implements the Corridor Mixed-Use 1 designation, the proposed subdivision is consistent with the General Plan and TTM 19280 should not be denied.

C. That the site is not physically suitable for the type of development.

The subject property is within the C-2 (Commercial) Zone and the MX (Mixed-Use) Overlay Zone, which enables the development of multi-unit housing. The project involves the development of 22 units on a 38,511 square foot (0.88 acre) lot, which provides sufficient area suitable for the development of the proposed townhomes. The project meets all applicable development standards of the C-2 (Commercial) Zone and the MX (Mixed-Use) Overlay Zone, except for the requested concession, which is to underground existing powerlines along the project frontage on East Whittier Boulevard and the requested development waiver, to allow reduced front and rear yard setbacks. In addition, the project will exceed the minimum parking requirements under State Density Bonus Law. A total of 44 parking spaces is required, but the project will provide a total of 53 parking spaces. Therefore, the site is physically suitable for the proposed type of development and TTM 19280 should not be denied.

D. That the site is not physically suitable for the proposed density of the development.

The subject site is 38,511 square feet (0.88) acres in size and the proposed development will create 22 townhome units for a density of 24 units to the acre. The density will not exceed the maximum of 24 units to the acre allowed under the Corridor Mixed-Use 1 land use designation. Therefore, the site is physically suitable for the proposed density of the development and TTM 19280 should not be denied.

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The project site is an infill development in an urbanized area and the site has been fully developed as it is currently occupied by Magnolia Vintage Home & Gift and the Chicken Box Broasted Chicken restaurant. The site was previously developed, resulting in the site having no endangered plant or animal species. Therefore, the design of the proposed subdivision will not cause substantial damage or avoidable injury to wildlife and their habitat and TTM 19280 should not be denied.

F. That the design of the subdivision or the type of improvements is likely to cause serious health problems.

The project provides sufficient access for public safety services, such as Fire and Police. Additionally, the development will be serviced by sanitary sewers and storm drains. Since permits and inspections are required for the construction of all the proposed infrastructure improvements, no health or safety issues are anticipated and TTM 19280 should not be denied.

G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The Applicant will provide adjustments to the driveway on Orange Street to ensure safe access to the lot. No driveway access will be available on East Whittier Boulevard for this project. Covenants, Conditions, and Restrictions (CC&Rs) will be created as part of this map that will assure each property owner with rights to access the site through the use of private driveways. The project has been conditioned to ensure proper sewer and utility easements will be available. Therefore, TTM 19280 should not be denied.

H. The design of the subdivision does not provide for, to the extent feasible, future passive or natural heating and cooling opportunities.

As conditioned, the Applicant is required to provide include an energy efficient landscape design plan that reduces exterior heat gains and heat island effects through the installation of trees, reflective paving materials, and cool roofs to reduce energy demand within the project. Therefore, TTM 19280 should not be denied.

As noted above, there are no grounds upon which to deny TTM19280. Therefore, with the conditions of approval, the subdivision and teh subdivision design will be consistent with the General Plan and Subdivision Map Act as supplemented by Title 17 of the La Habra Municipal Code.

Design Review 23-04
To approve Design Review 23-04, the Planning Commission must be able to make the findings below pursuant to LHMC Section 18.68.050 (Findings). Each finding is followed by Staff’s recommended justification to make the subject finding.

A. The proposed project is consistent with the City’s General Plan.

The property is designated by the General Plan for Corridor Mixed-Use 1 land use. The designation provides for the development of multi-unit housing at a density of up to 24 dwelling units per acre. 38,511 square feet (0.88) acres in size and the proposed development will create 22 townhome units, three of which will be restricted to moderate income households, at a density of 24 units to the acre. The MX Overlay Zone implements the General Plan Corridor Mixed-Use 1 land use designation. As described in this staff report, the proposed project has been designed to comply with the development standards MX Overlay Zone, with the exception of the development standard waivers that are permitted under State Density Bonus Law.

This Project implements the following policies of the La Habra General Plan 2035 LU 1.2 (Development Capacity) by accommodating the type and density of land use depicted in the Land Use Diagram, LU 2.1 (Places to Live) by adding for-sale housing in La Habra, LU 4.1 (Development Compatibility) by requiring that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, access, and impacts of noise and lighting, LU 4.4 (Design Review) by requiring design review that focuses on achieving appropriate form and function to assure compatibility with community character, while promoting creativity, innovation, and design quality, LU 5.5 (Revitalization of Obsolete and Underused Properties) by facilitating the revitalization of underused properties, LU 6.4 (Housing Type Distribution) by allowing the establishment of market-rate and affordable townhomes, LU 7.2 (New Residential Development) by establishing new residential development, LU 9.2 (Amenities) by the Applicant providing a communal landscaped area with sitting areas, H 1.3 (Support Private Sector Housing Production) by facilitating the production of new housing for the community, H 1.5 (Market and Non-Market Housing Production Needs) by allowing the establishment of for-sale townhomes for the community. Therefore, the proposed project is consistent with the City's General Plan.

B. The proposed project is consistent with the City’s Zoning Ordinance. 

The subject property is within the C-2 (Commercial) Zone and the MX (Mixed-Use) Overlay Zone. As described in this staff report, the proposed project has been designed to comply with the development standards MX Overlay Zone, with the exception of the development standard waivers that are permitted under State Density Bonus Law. Given this project was designed to include three for-sale units to moderate-income level households to be built on-sitte, the proposed project is found to still be consistent with the Zoning Ordinance despite any waivers granted. Therefore, the proposed project is consistent with the City's Zoning Ordinance.

C. The proposed project is in the best interests of the public health, safety, and welfare of the community.

The Zoning Ordinance and General Plan are tools that are available to ensure that all projects achieve goals that promote the public health, safety and welfare of the community. The Project is in harmony with both the Zoning Ordinance and policies of the General Plan. In addition, an Environmental Assessment was prepared for the Project, and it was determined that the Project’s design provides sufficient access for public safety personnel such as Fire and Police and will be serviced by sanitary sewers and storm drains. By complying with the Zoning Ordinance and various policies of the General Plan, the Project is in the best interests of the public health, safety, and welfare of the community.

D. The nature of the proposed land use and the design is appropriate for the proposed location and is compatible with the surrounding land uses and improvements.

The design of the Project takes into consideration the property’s location and size to accommodate the 22 units in a thought-out manner. The Project provides adequate on-site access, traffic circulation, and parking to minimize impacts on the surrounding area. In addition, the proposed buildings have been designed in compliance with the building height limit. Therefore, the nature of the proposed land use and the design is appropriate for the proposed location and is compatible with surrounding uses and improvements.

E. The project complies with all requirements of the California Environmental Quality Act, or has been found to be exempt.

The Project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15332, Class 32: “Infill Development Projects” of the California Environmental Quality Act Guidelines because the Project is consistent with the General Plan designation and all applicable General Plan policies and with applicable zoning designation and regulations; is less than five acres within an urbanized area; the Project site has no value as habitat for endangered, rare or threatened species; approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all utilities and public services.

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 and construction of this Project. Therefore, the Project is categorically exempt from CEQA.

The Applicant has paid for the processing costs associated with the Tentative Tract Map and Design Review, which total $21,852.00.

The Applicant’s proposal 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 the Model Water Quality Management Plan (WQMP), Section 7.2 Since the proposal will constitute the disturbance of more than 5,000 square feet of soil, a Priority WQMP is required. A Preliminary Priority WQMP has been prepared and approved.

This Project implements the following policies of the La Habra General Plan 2035 LU 1.2 (Development Capacity) by accommodating the type and density of land use depicted in the Land Use Diagram, LU 2.1 (Places to Live) by adding for-sale housing in La Habra, LU 4.1 (Development Compatibility) by requiring that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, access, and impacts of noise and lighting, LU 4.4 (Design Review) by requiring design review that focuses on achieving appropriate form and function to assure compatibility with community character, while promoting creativity, innovation, and design quality, LU 5.5 (Revitalization of Obsolete and Underused Properties) by facilitating the revitalization of underused properties, LU 6.4 (Housing Type Distribution) by allowing the establishment of market-rate and affordable townhomes, LU 7.2 (New Residential Development) by establishing new residential development, LU 9.2 (Amenities) by the Applicant providing a communal landscaped area with sitting areas, H 1.3 (Support Private Sector Housing Production) by facilitating the production of new housing for the community, H 1.5 (Market and Non-Market Housing Production Needs) by allowing the establishment of for-sale townhomes for the community.

The Project implements the following objectives related to City Council Goal 5: Development Activity and Business Assistance:Objective C: Work closely with commercial and residential property-owners to improve and maintain the appearance of their propertiesObjective Q: Facilitate the development of high-quality housing, at a variety of income levels, to help meet projected demand, as set forth in the Regional Housing Needs Assessment (RHNA).