This Project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15332, Class 32: "In-fill Development Projects" of the CEQA Guidelines in that the Project is consistent with the General Plan designation and all applicable General Plan policies, the Project site is less than five acres and surrounded by urban uses. The site is currently developed with a legal, nonconforming single-unit residence constructed in 1911. As a result, the Project site has no value as a habitat for rare or endangered fish or wildlife. Further, approval of the Project would not result in significant impacts to noise, air quality or water quality, and the site can be adequately served by all utilities and public services. The Project was screened through the North Orange County Collaborative VMT (Vehicle Miles Traveled) Traffic Study Screening Tool. VMT measures the per capita number of car trips generated by a Project and distance vehicles will travel to and from a project. The use of VMT for analyzing transportation impacts emphasizes the reduction in the number of vehicle trips and vehicle miles traveled to encourage the development of jobs, housing and commercial uses in proximity to each other and near public transportation. According to the screening tool, the Project is located within a Transit Priority Area and within a Low VMT Generating Zone. Per the Office of Planning and Research (OPR), a small project can be screened from VMT analysis if it is determined that the daily net trips will be less than 110 trips. Based on the Project size, the net daily trips are expected to be 45 trips (54 trips anticipated – 9 trips existing). Therefore, the Project is not subject to a VMT analysis.

The Project is also 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 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 TENTATIVE TRACT MAP NO. 19262 (TTM 24-0003) TO ALLOW A RESIDENTIAL SUBDIVISION FOR CONDOMINIUM PURPOSES AND DESIGN REVIEW 24-0012 TO CONSTRUCT EIGHT DWELLING UNITS (INCLUDING ONE AFFORDABLE UNIT) AT 525 EAST LA HABRA BOULEVARD (ASSESSOR’S PARCEL NUMBER 303-125-18), INCLUDING CERTAIN DEVELOPMENT STANDARD REDUCTIONS PURSUANT TO THE STATE DENSITY BONUS LAW, 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, Tony Zheng, is requesting approval of Tentative Tract Map No.19262 (TTM 24-0003) and Design Review 24-0012 to construct eight dwelling units (townhomes) on 0.3 acres, located at 525 E La Habra Boulevard (the "Project"). The Project site is on the north side of La Habra Boulevard, approximately 230 feet east of where North Lemon Street intersects with La Habra Boulevard and just west of where South McPherson Avenue intersects with La Habra Boulevard (see Exhibt 1 below and Attachment 2). Washington Middle School is located approximately 100 feet east of the Project site, on the south side of La Habra Boulevard.

Exhibit 1: Vicinity Map

The General Plan designates the Project site for Corridor Mixed-Use 2 land use, which allows for the development of up to 36 dwelling units per acre (du/ac). Based on the size of the Project site, the General Plan permits a maximum of up to 10 dwelling units on the property; the Applicant is proposing to construct eight units. The subject property is not identified in the General Plan Housing Element as a site to meet the City's Regional Housing Needs Assessment (RHNA) allocation. In addition, the Conservation/Natural Resources chapter of the General Plan does not identify the Project site as an area of biological sensitivity (Chapter 6, Section A). The Community Development chapter of the General Plan (Capter 2, Section D) of the La Habra Boulevard Specific Plan does not identify the site as an area of notable archaeological resources.

The Project site is located within the La Habra Boulevard Specific Plan (SP-1 Zone) and the Mixed-Use (MX) Overlay Zone. The MX Overlay Zone implements Corridor Mixed-Use 2 land use designation and permits residential development of the Project site at the density permitted by the General Plan. Pursuant to La Habra Municipal Code (LHMC) section 18.54.040, the regulations set forth in the MX Overlay Zone are in addition to the regulations set forth in the base zone, which in this case is the SP-1 Zone. In the event of a conflict between the provisions of the MX Overlay Zone and the provisions of the base zone, the provisions of the MX Overlay Zone prevail. If the MX Overlay Zone is silent in relation to any development standard, the development standard identified in the base zone prevails.

Per Title 17 (Subdivisions) of the LHMC, the Applicant submitted an application for Tentative Tract Map No. 19262 (TTM 24-0003) to allow a residential subdivision for condominium purposes. The Applicant’s Engineer, Calland Engineering, Inc., prepared TTM 19262, 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. As this is a tentative map, TTM 19262 also shows the proposed building and land alterations and the topography of the Project site. TTM 19262 includes a preliminary grading and drainage plan, a preliminary utility plan, and a preliminary fire access and hydrant location plan. TTM 19262 is included as Attachment 3 to this staff report.

The LHMC requires Design Review approval by the Planning Commission for development in both the MX Overlay Zone (LHMC section 18.54.010.D) and the SP-1 Zone (LHMC section 18.44.050.F) pursuant to the requirements of LHMC Chapter 18.68 (Design Review). Therefore, the Applicant has submitted an application for Design Review 24-0012 to construct eight dwelling units (townhomes). 

As further described below, the Applicant is choosing to take advantage of the State Density Bonus Law (California Government Code Sections 65915-65918) (implemented in LHMC Chapter 18.80 (Density Bonus and Other Affordable Housing Incentives)) by committing to sell one dwelling unit at a price affordable to moderate-income households, which totals at least 10 percent of the total units of the proposed development. Pursuant to the State Density Bonus Law, by agreeing to sell at least 10 percent of the total dwelling units of the housing development to persons and families of moderate income, as defined in Section 50093 of the California Health and Safety Code, the Applicant is eligible to receive a waiver of any development standard that would physically preclude the Applicant from constructing the development at the permitted density, or with any applicable concessions/incentives, as well as comply with the reduced parking requirements permitted under the State Density Bonus Law, which are generally lower than the City's parking requirements. The Applicant is not seeking a density bonus above the maximum density allowed pursuant to the General Plan and zoning. Since the project size is less than 10 units, the proposed Project is not subject to LHMC Chapter 18.82 (Inclusionary Housing Units).

The existing use of the site is a legal, nonconforming single-unit dwelling, constructed in 1911, prior to the City’s incorporation. The General Plan land use designation, zoning, and existing land use for each of the surrounding properties is provided in Table 1 below:

The subject property has an existing 6-foot high CMU block wall along the eastern and western boundaries of the site. The Applicant is proposing to leave the wall as-is with no modifications. The northern boundary of the site features a wood fence that has deteriorated beyond repair. A condition of approval has been included to replace the wood fence with a 6-foot high CMU block wall matching the rest of the perimeter. 

As depicted in Exhibit 2, below, and Attachment 4, the Applicant will relocate the existing driveway along La Habra Boulevard from its current location at the southeast corner, to the center of the street frontage, per the proposed site plan. Covenants, Conditions, and Restrictions (CC&Rs) will be created as part of the Tentative Tract Map to provide each property owner with rights to access the site through the driveway.
 

With regard to the site layout, two four-unit buildings will be located on each side of the driveway. The west building will contain Units 2, 4, 6, and 8 and the east building will contain Units 1, 3, 5, and 7. Each of the units will have an attached two-car garage. In addition, three guest parking spaces, including an ADA-accessible parking space, will be located at the north end of the property. As noted above, the Applicant is choosing to take advantage of the State Density Bonus Law (implemented in LHMC Chapter 18.80 (Density Bonus and Other Affordable Housing Incentives)) and is therefore subject to the reduced parking requirements set forth in the State Density Bonus Law. Table 2 below shows the minimum number of parking spaces that the City may require under the State Density Bonus Law and the number of parking spaces provided. As indicated in the table, the Project exceeds the required parking by seven spaces. 

Table 2: Parking Requirements for Two-Bedroom Units

	Parking Required (per unit)	Parking Required (per eight units)	Parking Provided
Resident Parking	1.5 spaces	12 spaces	16 spaces
Guest Parking	0 spaces	0 spaces	3 spaces

The Project was also screened through the North Orange County Collaborative VMT (Vehicle Miles Traveled) Traffic Study Screening Tool. According to the screening tool, the Project is located within a Transit Priority Area and within a Low VMT Generating Zone. Per the Office of Planning and Research (OPR), small projects can be screened from VMT analysis if it is determined that the daily net trips will be less than 110 trips. Based on the project size, the net daily trips are expected to be 45 trips (54 trips anticipated -- 9 trips existing) and not subject to a VMT analysis.

Community lights include building-mounted ”Eaton Emergency Lighting” LED products which are constructed of precision cast aluminum with stainless steel hardware and have a white metallic finish. The site is well illuminated at the La Habra Boulevard frontage, along the unit entrances, and the rear parking spaces. The lighting plan meets the LHMC requirement for an average of less than 0.5-foot candles at the La Habra Boulevard entrance and 0.0-foot candles at locations adjacent to other residential uses.



Pursuant to State Density Bonus Law, the Applicant is requesting two reductions in development standards due to the size and dimension of the existing site. The first requested reduction pertains to setback requirements. As shown below in Table 3, in order to comply with the minimum interior driveway width required by the Fire Code, while also maintaining adequate interior square footage and livable space on the second and third floors of each unit, the Applicant has requested a reduction of the required 15-foot side setback on the upper floors. The Applicant proposes to provide a 10-foot setback, consistent with the required and provided 10-foot setback on the first floor. As indicated below in Table 3, the proposed project meets the minimum front, first-floor side, and rear setback requirements and is under the maximum lot coverage permitted.

Table 3: Setbacks and Lot Coverage

	Required	Proposed
Front Setback	15 ft	15 ft
Side Setback	10 ft (first floor) / 15 ft (second & third floor)	10 ft
Rear Setback	10 ft (first floor) / 15 ft (second & third floor)	18 ft
Lot Coverage	50%	39%

The proposed Project meets the minimum open space requirements for the MX Overlay Zone (250 square feet per unit required in either private or common area; 237.5 square feet provided in common area, 105 square feet provided in private patios and balconies).  As shown below in Table 4, the proposed Project does not meet the minimum dimensions or area required by the SP-1 Zone for patios and balconies. However, pursuant to the State Density Bonus Law, the Applicant has requested a reduction in these minimum dimensions. The Applicant conveyed that due to the overall size and dimensions of the site, complying with the existing development standards for multi-unit complexes would significantly decrease the interior square footage and livable space on the second and third floors. Hence, the Applicant is proposing 45 square-foot porches/patios and 30 square-foot balconies. 
 

SP-1 Zone	Minimum Dimension Required	Dimensions Proposed	Minimum Area Required	Area Proposed
Private Area (Ground Floor Patio)	8 ft	~ 10 ft x 3 ft ~ 5 ft x 3 ft	96 sq ft	45 sq ft
Private Area (2nd Floor Balcony)	7 ft	~ 10 ft x 3 ft	70 sq ft	30 sq ft
Private Area (3rd Floor Balcony)	7 ft	~ 10 ft x 3 ft	70 sq ft	30 sq ft

Exhibit 5: Elevations



As depicted in Exhibit 5, above, and Attachment 7, the Applicant has proposed a Spanish-influenced design with a variety of accents that include earth-tone stucco finishes, clay tile roofing, second-story wrought iron elements, and arched design cues as envisioned in Section 18.44.060 (Design Guidelines for the La Habra Boulevard Specific Plan) of the LHMC. The ground-floor garage doors are comprised of anodized metal but have the appearance of a wood finish, reminiscent of historic mission-style doors. The second and third floors of the buildings consist of two-tone taupe and sand stucco accented by wooden faux shutters on each of the windows facing the interior drive aisle. Additional pop-out accents along the sides of each building provide a varying perception of depth. Both buildings will be three stories and 34 feet in height at peak, just under the maximum building height of 35 feet, as permitted for multi-unit developments within the MX Overlay Zone and the SP-1 Zone. The roof of the buildings features a 15-degree pitch and is finished with brownish-red clay tile. Individual air-conditioning systems for each unit will be mounted flush on the roof as to not be visible from the ground or public right-of-way. The southern facias that face La Habra Boulevard will feature arched entryways and wrought iron balconies. 

 Exhibit 6: Floorplans





The proposed floorplans are shown above in Exhibit 6 and Attachment 8. The first floor of each unit features a two-car garage and a foyer area with a staircase leading to the second floor. The upper floors feature the primary living space with the kitchen, dining area, living room, and powder room on the second floor and two bedrooms on the third floor. Units #7 and #8 include a den/office area on the third floor as well. The west building consists of an extended footprint to accommodate the trash enclosure between Units #6 and #8 as well as the ground-floor ADA-accessible restroom inside Unit #8. Details regarding the eight residential units are provided in Table 4 below:

Table 4: Residential Unit Details

 
Table 1: Income Limits for Number of Members per 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	$151,500
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

ANALYSIS: 

Tentative Tract Map No. 19262 (TTM 24-0003)
Pursuant to LHMC 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 mentioned in the LHMC, the findings below 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.

1. That the proposed map is not consistent with the applicable general plan and specific plans as specified in Section 65451.
The General Plan designates the subject property for Corridor Mixed-Use 2 land use. The General Plan envisions that the Corridor Mixed-Use 2 land use designation will be implemented through a mix of multi-unit residential housing with supporting retail and service uses. The Corridor Mixed-Use 2 land use designation allows for the development of up to 36 dwelling units per acre (du/ac). The proposed eight-unit Project is designed with a density of 26 du/ac, which does not exceed the property’s maximum allowable count of 10 units. The proposed development is consistent with the General Plan’s vision for this site. Additionally, 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 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 7.3 (Housing Character and Design) by establishing Spanish influenced design guidelines such as clay tile roofs, wrought iron accents and trims, and arched entryways and balconies to be incorporated into the design of the proposed 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, and H 1.5 (Market and Non-Market Housing Production Needs) by allowing the establishment of for-sale townhomes for the community. Therefore, the proposed map is consistent with the General Plan.
           
The Project site is located within the La Habra Boulevard Specific Plan (SP-1 Zone) and the Mixed-Use (MX) Overlay Zone. The MX Overlay Zone implements Corridor Mixed-Use 2 land use designation and permits residential development of the Project site at the density permitted by the General Plan. Therefore, the proposed map is consistent with the La Habra Boulevard Specific Plan.

2. That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans.
The General Plan designates the subject property for Corridor Mixed-Use 2 land use, and it is located within the La Habra Boulevard Specific Plan (SP-1 Zone) and the Mixed-Use (MX) Overlay Zone. The MX Overlay Zone implements Corridor Mixed-Use 2 land use designation and permits residential development of the Project site at the density permitted by the General Plan. The regulations set forth in the MX Overlay Zone are in addition to the regulations set forth in the base zone, which in this case is the SP-1 Zone. In the event of a conflict between the provisions of the MX Overlay Zone and the provisions of the base zone, the provisions of the MX Overlay Zone prevail. If the MX Overlay Zone is silent in relation to any development standard, the development standard identified in the base zone prevails. Additionally, 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 development standards in supporting documents such as Title 18 (Zoning) of the La Habra Municipal Code. In this case, the General Plan land use designation is Corridor Mixed-Use 2, which allows for the development of up to 36 dwelling units per acre (du/ac). The proposed eight-unit Project is designed with a density of 26 du/ac, which does not exceed the property’s maximum allowable count of 10 units. Because the Applicant has committed to selling one of the units to a moderate-income household, the Applicant is entitled to waivers/reductions in development standards under the State Density Bonus Law. The Project has been reviewed against the Design Guidelines of the La Habra Boulevard Specific Plan, the SP-1 Zone, the MX Overlay Zone and the LHMC Chapter 18.09 Objective Design Standards for Multi-Unit Development and found to be consistent, except for those development standards that are permitted to be reduced/waived by State Density Bonus Law.

Therefore, the design or improvement of the proposed subdivision is consistent with the applicable general and specific plans.

3. That the site is not physically suitable for the type of development.
The General Plan designates the subject property for Corridor Mixed-Use 2 land use, and it is located within the La Habra Boulevard Specific Plan (SP-1 Zone) and the Mixed-Use (MX) Overlay Zone. The MX Overlay Zone implements Corridor Mixed-Use 2 land use designation and permits residential development of the Project site at the density permitted by the General Plan. The Project involves the development of an eight-unit residential complex on a 0.3-acre site lot. This Project satisfies all applicable development standards for multi-unit housing projects, aside from the reductions in required private usable yard space area per unit and the reduction in side yard setbacks on the second and third floors. In addition, the Project will exceed the reduced parking requirements under the State Density Bonus Law. Under the State Density Bonus Law, the City can require up to 1.5 parking spaces per unit, for a total of 12 spaces for the Project. However, the Applicant has included a two-car garage per unit and three additional guest parking spaces at the rear of the site, resulting in 19 spaces for the Project. Therefore, the site is physically suitable for the proposed type of development.

4. That the site is not physically suitable for the proposed density of development.
The Corridor Mixed-Use 2 land use designation allows for the development of up to 36 dwelling units per acre (du/ac). The proposed eight-unit Project is designed with a density of 26 du/ac, which does not exceed the property’s maximum allowable count of 10 units. Therefore, the site is physically suitable for the proposed density of development.

5. 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 is an infill development within the SP-1 Zone and the MX Overlay Zone, and the site is currently developed with a legal, nonconforming single-unit residence constructed in 1911. Further, the Project site is located along a primary corridor within the City and is surrounded by multi-unit developments of similar density. As a result, it is anticipated that the site does not house any endangered plant or animal species and the design of the proposed subdivision will not cause substantial environmental damage or substantial or avoidable injury to fish or wildlife or their habitat. In addition, the Conservation/Natural Resources chapter of the General Plan does not identify the Project site as an area of biological sensitivity. Therefore, the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. 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. Therefore, the design of the subdivision is not likely to cause serious health problems.

7. 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.
While there is an alley located to the north of the site, because the property was used as a single-unit residence, there are no public access easements on the subject site itself. The Applicant will relocate the existing driveway from La Habra Boulevard, which will be the only access to the townhome complex, per the approved site plan. Covenants, Conditions, and Restrictions (CC&Rs) will be created as part of this map to provide each property owner with rights to access the site through the driveway. The Project has been conditioned to ensure proper sewer and utility easements will be available. Therefore, the design of the subdivision will not conflict with easements for access through or use of the property within the proposed subdivision.

8. 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 to provide 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, the design of the subdivision provides, to the extent feasible, future passive or natural heating and cooling opportunities.

As noted above, there are no grounds upon which to deny Tentative Tract Map No. 19262 (TTM 24-0003). Therefore, with the conditions of approval, the subdivision and Project design will be consistent with the General Plan and Subdivision Map Act as supplemented by Chapter 17 (Subdivisions) of the La Habra Municipal Code.

Design Review 24-0012
Pursuant to LHMC Section 18.44.050.F (Design Review), since the proposed Project is located within the SP-1 Zone, it is subject to Design Review approval by the Planning Commission. Pursuant to LHMC Section 18.68.050 (Findings) of Chapter 18.68 (Design Review), prior to the approval of the Design Review, the Planning Commission must 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 plan is consistent with the City's General Plan.
Per the General Plan, the property has a land use designation of Corridor Mixed-Use 2. This designation provides for a mix of multi-unit residential housing with supporting retail and service uses. The proposed development is consistent with the General Plan’s vision for this site. The Corridor Mixed-Use 2 land use designation also allows for the development of up to 36 dwelling units per acre (du/ac). The proposed eight-unit Project is designed with a density of 26 du/ac, which does not exceed the property's maximum allowable count of 10 units.

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 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 7.3 (Housing Character and Design) by establishing Spanish influenced design guidelines such as clay tile roofs, wrought iron accents and trims, and arched entryways and balconies to be incorporated into the design of the proposed 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, and 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.

2. The proposed plan is consistent with the City's Zoning Ordinance.
The Project is located within the La Habra Boulevard Specific Plan (SP-1 Zone) and the Mixed-Use (MX) Overlay Zone. The MX Overlay Zone implements Corridor Mixed-Use 2 General Plan land use designation and permits residential development of the Project site at the density permitted by the General Plan. The regulations set forth in the MX Overlay Zone are in addition to the regulations set forth in the base zone, which in this case is the SP-1 Zone. In the event of a conflict between the provisions of the MX Overlay Zone and the provisions of the base zone, the provisions of the MX Overlay Zone prevail. If the MX Overlay Zone is silent in relation to any development standard, the development standard identified in the base zone prevails. Additionally, 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 development standards in supporting documents such as Title 18 (Zoning) of the La Habra Municipal Code. In this case, the General Plan land use designation is Corridor Mixed-Use 2, which allows for the development of up to 36 dwelling units per acre (du/ac). The proposed eight-unit project is designed with a density of 26 du/ac, which does not exceed the property's maximum allowable count of 10 units. Because the Applicant has committed to selling one of the units to a moderate-income household, the Applicant is entitled to waivers/reductions in development standards under the State Density Bonus Law. The Project has been reviewed against the Design Guidelines of the La Habra Boulevard Specific Plan, the SP-1 Zone, the MX Overlay Zone and the LHMC Chapter 18.09 Objective Design Standards for Multi-Unit Development and found to be consistent, except for those development standards that are permitted to be waived by State Density Bonus Law. Therefore, the Project is consistent with the City's Zoning Ordinance.

3. The proposed plan 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 SP-1 Zone and MX Overlay Zone, and is consistent with the anticipated land use identified by the General Plan and permitted within the MX Overlay Zone. Staff has determined that the Project’s design provides sufficient access for public safety personnel such as Fire and Police. The Project was also screened through the North Orange County Collaborative VMT (Vehicle Miles Traveled) Traffic Study Screening Tool. According to the screening tool, the Project is located within a Transit Priority Area and within a Low VMT Generating Zone. Per the Office of Planning and Research (OPR), small projects can be screened from VMT analysis if it is determined that the daily net trips will be less than 110 trips. Based on the project size, the net daily trips are expected to be 45 trips (54 trips anticipated -- 9 trips existing) and not subject to a VMT analysis. Therefore, the Project is in the best interest of the public health, safety, and welfare of the community.

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 Project is located within the La Habra Boulevard Specific Plan (SP-1 Zone) and the Mixed-Use (MX) Overlay Zone. Pursuant to La Habra Municipal Code section 18.09.030.A, the objective design standards do not apply if the property is within a specific plan, overlay, and/or planned unit development that already implements design standards, in which case those standards prevail. Because the subject property is located within the La Habra Boulevard Specific Plan (SP-1) Zone, the objective design standards set forth in Chapter 18.09 of the La Habra Municipal Code do not apply. The MX Overlay Zone implements Corridor Mixed-Use 2 General Plan land use designation and permits residential development of the Project site at the density permitted by the General Plan. Additionally, 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 development standards in supporting documents such as Title 18 (Zoning) of the La Habra Municipal Code. In this case, the General Plan land use designation is Corridor Mixed-Use 2, which allows for the development of up to 36 dwelling units per acre (du/ac). The proposed eight-unit Project is designed with a density of 26 du/ac, which does not exceed the property's maximum allowable count of 10 units. Because the Applicant has committed to selling one of the units to a moderate-income household, the Applicant is entitled to waivers/reductions in development standards under the State Density Bonus Law. The Project has been reviewed against the Design Guidelines of the La Habra Boulevard Specific Plan, the SP-1 Zone and the MX Overlay Zone and found to be consistent, except for those development standards that are permitted to be waived/reduced by State Density Bonus Law. Therefore, the nature of the proposed land use and the design is appropriate for the proposed location and compatible with the surrounding land uses and improvements.

5. The project complies with all requirements of the California Environmental Quality Act.
This Project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15332, Class 32: “In-fill Development Projects” of the CEQA Guidelines in that the Project is consistent with the General Plan designation and all applicable General Plan policies, the Project site is less than five acres and surrounded by urban uses. The site is currently developed with a legal, nonconforming single-unit residence constructed in 1911. As a result, the Project site has no value as a habitat for rare or endangered fish or wildlife. Further, approval of the Project would not result in significant impacts to noise, air quality or water quality, and the site can be adequately served by all utilities and public services. The Project was screened through the North Orange County Collaborative VMT (Vehicle Miles Traveled) Traffic Study Screening Tool. VMT measures the per capita number of car trips generated by a project and distance vehicles will travel to and from a Project. The use of VMT for analyzing transportation impacts emphasizes the reduction in the number of vehicle trips and vehicle miles traveled to encourage the development of jobs, housing and commercial uses in proximity to each other and near public transportation. According to the screening tool, the Project is located within a Transit Priority Area and within a Low VMT Generating Zone. Per the Office of Planning and Research (OPR), a small project can be screened from VMT analysis if it is determined that the daily net trips will be less than 110 trips. Based on the Project size, the net daily trips are expected to be 45 trips (54 trips anticipated – 9 trips existing). Therefore, the Project is not subject to a VMT analysis.

The Project is also 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 the Project. Therefore, the Project is categorically exempt from CEQA.

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 conceptual Water Quality Management Plan (WQMP), which addresses the topography, stormwater collection basins, and proposed water drainage paths for the site, has been reviewed and approved by the City’s Public Works Department. Project-specific conditions pertaining to stormwater discharge and infiltration have been included as part of the conditions of approval