This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15303, Class 3: “New Construction or Conversion of Small Structures” of the CEQA Guidelines. Section 15303(b) provides an exemption for a duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, the exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. The project involves the construction of one duplex with two detached accessory dwelling units (ADUs).

The project is also not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the project is predominantly urban and not considered a sensitive environment; therefore, the project will not result in any significant environmental impact. The Project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the project. Therefore, the project is categorically exempt from CEQA.

That the Planning Commission approve and adopt:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING DESIGN REVIEW 24-0006 TO CONSTRUCT A TWO-STORY DUPLEX AND TWO DETACHED SINGLE-STORY ACCESSORY DWELLING UNITS (ADUS) AT 729-731 WEST FOURTH AVENUE, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3: “NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES” OF THE CEQA GUIDELINES.

Location	General Plan Land Use Designation	Zoning	Existing Land Use
North	Rail Road ROW	Civic Utility (C-U)	Union Pacific Rail Road ROW
East	Medium Density Residential	Two-Unit Dwelling (R-2)	Multi-Unit Residential
South, across West Fourth Avenue	Medium Density Residential	Two-Unit Dwelling (R-2)	Single-Unit Residential
West	Medium Density Residential	Two-Unit Dwelling (R-2)	Single-Unit Residential

• Clay tile roof
• Smooth stucco painted earth tones
• Decorative light fixtures
• Decorative metal fixtures
• Board and Batten joined shutters
• Stone veneer 

 

 

Pursuant to La Habra Municipal Code (LHMC) Section 18.26.050.E, the proposed project is subject to the requirements of Chapter 18.68 (Design Review). Pursuant to LHMC Section 18.68.050 (Findings) of Chapter 18.68 (Design Review), prior to the approval of Design Review 24-0006, the Planning Commission shall make the required findings listed below; following each finding is staff's analysis of the proposed project's ability to meet the required finding.

1. The proposed project is consistent with the City's General Plan.

The property's General Plan land use designation permits 14 dwelling units per acre (du/ac) on the subject property. Based on this density, the 0.18 acre site is permitted to be developed with at least two primary dwelling units. The Applicant is proposing a medium density residential project involving a new, two-story duplex and two single-story detached accessory dwelling units (ADUs).

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 rental 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 promoting an equitable distribution of housing types for all income groups throughout the City, LU 7.2 (New Residential Development) by establishing new residential development, LU 7.3 (Housing Character and Design), by promoting the renovation of the existing housing stock in single- and multi-family neighborhoods, H 1.3 (Support Private Sector Housing Production) by facilitating efforts of the private sector in the production of new housing, H 1.5 (Market and Non-Market Housing Production Needs) by facilitating to the maximum extent feasible, the production of new housing in sufficient quantity to meet both market-rate and non-market rate housing needs of the community, and H 2.5 (Adequate Housing Sites through Land Use and Zoning of the La Habra General Plan 2035) by providing adequate housing sites through appropriate General Plan land use designations, zoning, and specific plan land use designation to accommodate the City’s fair share of regional housing needs.

2. The proposed project is consistent with the City's Zoning Ordinance.

The subject property is located within the R-2 Zone, which implements the General Plan Medium Density land use designation. In addition, the proposed ADUs are subject to the requirements of LHMC Section 18.12.150 (Accessory Dwelling Units) and California Government Code Sections 66314-66332 (Accessory Dwelling Unit Approvals). As described in the staff report, the proposed project is consistent with the development standards of the R-2 Zone for duplexes, including building setbacks, height limits, landscaping, open space, and parking, as well as, LHMC and State law requirements for ADUs. 

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

The Zoning Ordinance and General Plan are tools to ensure that all projects achieve goals that promote the public health, safety and welfare of the community. The proposed multi-unit development is located within the R-2 Zone and is consistent with the General Plan's Medium Density Residential land use designation. Staff has 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. 

4. For projects that are not subject to the objective design standards set forth in Chapter 18.09 of this title, the nature of the proposed land uses and the design is appropriate for the proposed location and compatible with the surrounding land uses and improvements.

The Applicant submitted the application for the proposed project in October 2023, prior to the City Council’s adoption of Chapter 18.09 (Objective Design Standards for Multi-Unit Residential and Mixed-Use Development) of the Zoning Ordinance. Therefore, the standards set forth in Chapter 18.09 do not apply to the project.

As aforementioned, the site is located within the R-2 Zone and designated by the General Plan for Medium Density Residential land use. This land use designation permits residential developments of up to 14 du/ac. Further, the surrounding properties to the south, east and west also feature residential developments of various sizes. The design of the project takes into consideration the property’s location and provides adequate onsite access and interior circulation. The proposed site design provides access to 4th Avenue to the south, the only point of ingress/egress. The building setbacks, ADA requirements, onsite amenities, and parking are all consistent with the development standards for multi-unit developments.

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

This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15303, Class 3: “New Construction or Conversion of Small Structures” of the CEQA Guidelines. Section 15303(b) provides an exemption for a duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, the exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. The project involves the construction of one duplex with two detached accessory dwelling units (ADUs).

The project is also not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the Project is predominantly urban and not considered a sensitive environment; therefore, the Project will not result in any significant environmental impact. The project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the project. Therefore, the Project is exempt from the requirements of CEQA.

The Applicant submitted the required deposit for processing Design Review 24-0006 of $6,532.00.

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 proposed Project will constitute the disturbance of more than 5,000 square feet of soil, a Priority WQMP is required. A Preliminary Priority WQMP has been submitted. The Final WQMP will be required prior to the issuance of a building permit final.