| Item No. 1. | |
| MEETING DATE: November 12, 2024 |
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| TO: | PLANNING COMMISSION |
| FROM: | SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT By: Jacob Wielenga, Associate Planner |
| SUBJECT: | A DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR TENTATIVE PARCEL MAP 2024-111 (TPM1PH24-0001) TO ALLOW FOR THE SUBDIVISION OF A 14,450 SQUARE FOOT PARCEL INTO TWO LOTS FOR THE FUTURE DEVELOPMENT ONE SINGLE-UNIT DWELLING ON EACH LOT ON THE PROPERTY CURRENTLY ADDRESSED AS 800 NORTH TROPICANA WAY
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15315, Class 15: “Minor Land Divisions” of the CEQA Guidelines because the project consists of the division of property in an urbanized area zoned for residential use, the property will be divided into two parcels, and the division conforms with the General Plan and Zoning Code. All services and access to the proposed parcels to local standards are available, the parcel has not been involved in a division of a larger parcel within the previous two years, and the parcel has an average slope of less than 20 percent.
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 execution of the project.
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 execution of the project.
RECOMMENDATION:
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 PARCEL MAP 2024-111 (TPM1PH24-0001) TO ALLOW THE SUBDIVISION OF A 14,450 SQUARE FOOT PARCEL INTO TWO LOTS FOR FUTURE SINGLE-UNIT DEVELOPMENT ON EACH LOT ON THE PROPERTY CURRENTLY ADDRESSED AS 800 NORTH TROPICANA WAY, 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 15315, CLASS 15: “MINOR LAND DIVISIONS” OF THE CEQA GUIDELINES
DISCUSSION:
The Applicant, Hong Phuc Dinh, is requesting approval of Tentative Parcel Map 2024-111 (TPM1PH24-0001) to allow for the subdivision of a 14,450 square foot (0.33 acres) parcel, at 800 North Tropicana Way, into two lots for the future development of one single-unit dwelling on each lot. The project site is located at the northeast corner of East Whittier Avenue and North Tropicana Way. (See Vicinity Map, Exhibit 1). The project site was developed with one single-unit dwelling in 1959.
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As shown in Table 1, the General Plan designates the subject property for Low Density Residential land use (up to eight dwelling units per acre). The project site is within the R-1b Single-Unit Dwelling Zone, which implements the project site’s General Plan land use designation. The project site borders the City of Brea, to the east. The Brea General Plan designates the property to the east of the subject property for Low Density Residential land use (up to six dwelling units per acre), and it is located within Brea's R-1 Single-Family Residential Zone, which implements this land use designation. The General Plan land use designation, zoning, and existing land use for each of the surrounding properties is provided in Table 1 below:
EXHIBIT 1 – Vicinity Map
As shown in Table 1, the General Plan designates the subject property for Low Density Residential land use (up to eight dwelling units per acre). The project site is within the R-1b Single-Unit Dwelling Zone, which implements the project site’s General Plan land use designation. The project site borders the City of Brea, to the east. The Brea General Plan designates the property to the east of the subject property for Low Density Residential land use (up to six dwelling units per acre), and it is located within Brea's R-1 Single-Family Residential Zone, which implements this land use designation. The General Plan land use designation, zoning, and existing land use for each of the surrounding properties is provided in Table 1 below:
| Location | General Plan Land Use Designation | Zoning | Existing Land Use |
| Project Site | Low Density Residential | R-1b | Single-Unit Dwelling |
| North | Low Density Residential | R-1b | Single-Unit Dwelling |
| East, within the City of Brea | Low Density Residential | R-1 | Single-Unit Dwelling |
| South, across Whittier Boulevard | Low Density Residential | R-1b | Single-Unit Dwelling |
| West, across Tropicana Way | Low Density Residential | R-1b | Single-Unit Dwelling |
As noted above, the Applicant is requesting approval of a tentative parcel map to allow for the subdivision of a 14,450 square foot (0.33 acres) parcel into two parcels. In accordance with the requirements for the R-1b Zone, pursuant to La Habra Municipal Code (LHMC) Section 18.24.040 (Standards of Development) and 18.24.050 (Special Development Standards), the proposed parcels will comply with minimum lot area and width requirements as shown in Tables 2 and 3 below.
| Lot Area (Square Feet) | Required | Proposed |
| Proposed Parcel 1 | 7,200 | 7,248 |
| Proposed Parcel 2 | 7,200 | 7,202 |
| Lot Area (Linear Feet) | Required | Proposed |
| Proposed Parcel 1 | 60 | 62.56 |
| Proposed Parcel 2 | 60 | 63.44 |
The Applicant is proposing to subdivide the lot to enable the future development of two single-unit dwellings. Pursuant to LHMC Section 18.06.040 (Land Uses), a single-unit dwelling is permitted by right in the R-1b Zone and can be approved administratively through building permit review. For illustrative purposes, the Applicant has provided the site plans below to demonstrate the potential development on each parcel and confirm that said development would conform with the development standards of the R-1b Zone. If the proposed tentative parcel map is approved, the Applicant intends to subsequently submit complete building plans for these dwelling units. Planning staff will review the building plans for compliance with the R-1b Zone development standards during plan check review.
Exhibit 2 – Conceptual Site Plans
As noted above, there is an existing single-unit dwelling on the subject property. This dwelling unit straddles the proposed property line. In October 2024, the Applicant signed a one-year lease agreement allowing renters to occupy the single-unit dwelling. The conditions of approval for the proposed tentative parcel map include a condition requiring the demolition of the existing single-unit dwelling prior to the recordation of the Parcel Map, so that the existing dwelling unit will not prevent the proposed parcels from complying with the requirements of the R-1b Zone.
The Housing Crisis Act of 2019 (California Government Code sections 66300-66301) has measures in place to protect renters from being displaced due to the demolition of an occupied dwelling unit, as well as designating certain units as "protected units". The Housing Crisis Act defines "protected units" as any of the following:
- Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years.
- Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five years.
- Residential dwelling units that are or were rented by lower or very low income households within the past five years.
- Residential dwelling units that were withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code within the past 10 years.
The Housing Crisis Act of 2019 also has the following requirements related to the demolition of housing units:
- The project must include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years (Cal. Gov't Code section 66300.6(b)(2)(A).)
- Any existing occupants must be allowed to occupy their units until six months before the start of construction activities. The project proponent must provide existing occupants with written notice of the planned demolition, the date they must vacate, and their rights under California Government Code section 66300.6. Notice must be provided at least six months in advance of the date that existing occupants must vacate. (Cal. Gov't Code section 66300.6(b)(3)(A).)
- Any existing occupants that are required to leave their units must be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market. (Cal. Gov't Code section 66300.6(b)(3)(A).)
REQUIRED FINDINGS
Pursuant to Section 17.12.020 (Approval) of Chapter 17.12 (Parcel Maps) of Title 17 (Subdivisions) of the La Habra Municipal Code (LHMC), tentative parcel maps must first be filed with the Planning Commission. When considering Tentative Parcel Maps, the Commission reviews the proposal for consistency with the General Plan, the requirements of the La Habra Subdivision Ordinance, and the Subdivision Map Act. Section 66474 of the Subdivision Map Act includes the following list of grounds for denial; if any one of the findings below is made, the map must be denied.
1. That the proposed map is not consistent with the applicable general plan and specific plans as specified in Section 65451.
The General Plan establishes a pattern of land use designations for the City along with goals and policies for the development of properties throughout the City. The General Plan's Low Density Residential land use designation allows for the development of up to eight dwelling units per acre. The proposed subdivision will enable development at a density of six units per acre. There are no Specific Plans that are applicable to the project site. Therefore, the proposed map is consistent with the General Plan.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
For illustrative purposes, the Applicant has provided the site plans to demonstrate the potential development on each parcel, and confirm that said development would conform with the development standards of the R-1b Zone, which implements the General Plan's Low Density Residential land use designation. Following the approval of the tentative parcel map, the Applicant would subsequently submit complete building plans for these dwelling units. Planning staff will review the building plans for compliance with the R-1b Zone development standards during plan check review. There are no Specific Plans that are applicable to the project site. Therefore, the design or improvement of the proposed subdivision is consistent with the General Plan.
3. That the site is not physically suitable for the type of development.
The subject property is 0.33 acres (14,450 square feet) in size. The proposed tentative parcel map would create two parcels that would permit the development of one single-unit dwelling on each parcel, at a density of six units per acre. This density is below the maximum of eight dwelling units per acre allowed under the Low-Density Residential land use designation. The proposed parcels are of a relatively flat grade, requiring minimal grading and allowing for buildable pads that can be developed with dwelling units that conform to the development standards of the R-1b Zone. Therefore, the site is physically suitable for the anticipated type of development.
4. That the site is not physically suitable for the proposed density of development.
The subject site is 0.33 acres (14,450 square feet) in size and the proposed development will create two new residential units for a density of six units per acre. This density is below the maximum of eight units per acre allowed under the Low-Density Residential land use designation. The proposed parcels are of a relatively flat grade, requiring minimal grading and allowing for buildable pads that can be developed with dwelling units that conform to the development standards of the R-1b Zone. 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 site is located within an urbanized area. The subject site has been developed since 1959 with a single-unit dwelling with landscaping consisting of primarily ornamental trees and turf. The subject lot is also a corner lot, situated along paved roadways (Tropicana Way and Whittier Avenue). It is completely surrounded by other lots developed with existing, single-unit homes that also include ornamental landscaping that is not conducive to supporting wildlife and their habitat. Therefore, the design of the proposed subdivision is not likely to cause substantial environmental damage or substantially or avoidably injure wildlife and their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
The subdivision and any future development will be subject to compliance with all applicable state and city codes and regulations that intend to protect public health. Therefore, no health or safety issues are anticipated.
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.
Access to the property is provided directly from Tropicana Way. The existing driveway will be utilized to serve one of the new parcels and a new driveway will be constructed to serve the new parcel two. The property has a drainage easement and an easement for a telephone pole towards the rear of the property. No new development will be permitted upon any easements. The proposed subdivision enables adequate area for future development that will not encroach on any existing easements. Therefore, the project’s design and layout will not conflict with any easements for access or use of the property.
8. That the design of the subdivision does not provide for, to the extent feasible, future passive or natural heating and cooling opportunities.
This tentative parcel map does not include development on the site as a part of this approval. However, all future development of this site will take advantage of opportunities to promote future passive or natural heating and cooling by requiring front yard landscaping, encouraging installation of varied landscaping including canopy trees, and complying with the California Green Building Code standards to the greatest extent possible. Future dwelling units will comply with all California Building Code requirements in place at the time of permitting, and will enhance energy efficiency by implementing all energy efficiency features contained within the most recent California energy efficiency standards to the greatest extent possible. Therefore, the project's design allows for future passive or natural heating and cooling opportunities.
There are no grounds upon which to deny Tentative Parcel Map 2024-111. The subdivision will be consistent with the General Plan and Subdivision Map Act as supplemented by Title 17 of the La Habra Municipal Code. Therefore, staff recommends that the Commission approve Tentative Parcel Map 2024-111.
Pursuant to Section 17.12.020 (Approval) of Chapter 17.12 (Parcel Maps) of Title 17 (Subdivisions) of the La Habra Municipal Code (LHMC), tentative parcel maps must first be filed with the Planning Commission. When considering Tentative Parcel Maps, the Commission reviews the proposal for consistency with the General Plan, the requirements of the La Habra Subdivision Ordinance, and the Subdivision Map Act. Section 66474 of the Subdivision Map Act includes the following list of grounds for denial; if any one of the findings below is made, the map must be denied.
1. That the proposed map is not consistent with the applicable general plan and specific plans as specified in Section 65451.
The General Plan establishes a pattern of land use designations for the City along with goals and policies for the development of properties throughout the City. The General Plan's Low Density Residential land use designation allows for the development of up to eight dwelling units per acre. The proposed subdivision will enable development at a density of six units per acre. There are no Specific Plans that are applicable to the project site. Therefore, the proposed map is consistent with the General Plan.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
For illustrative purposes, the Applicant has provided the site plans to demonstrate the potential development on each parcel, and confirm that said development would conform with the development standards of the R-1b Zone, which implements the General Plan's Low Density Residential land use designation. Following the approval of the tentative parcel map, the Applicant would subsequently submit complete building plans for these dwelling units. Planning staff will review the building plans for compliance with the R-1b Zone development standards during plan check review. There are no Specific Plans that are applicable to the project site. Therefore, the design or improvement of the proposed subdivision is consistent with the General Plan.
3. That the site is not physically suitable for the type of development.
The subject property is 0.33 acres (14,450 square feet) in size. The proposed tentative parcel map would create two parcels that would permit the development of one single-unit dwelling on each parcel, at a density of six units per acre. This density is below the maximum of eight dwelling units per acre allowed under the Low-Density Residential land use designation. The proposed parcels are of a relatively flat grade, requiring minimal grading and allowing for buildable pads that can be developed with dwelling units that conform to the development standards of the R-1b Zone. Therefore, the site is physically suitable for the anticipated type of development.
4. That the site is not physically suitable for the proposed density of development.
The subject site is 0.33 acres (14,450 square feet) in size and the proposed development will create two new residential units for a density of six units per acre. This density is below the maximum of eight units per acre allowed under the Low-Density Residential land use designation. The proposed parcels are of a relatively flat grade, requiring minimal grading and allowing for buildable pads that can be developed with dwelling units that conform to the development standards of the R-1b Zone. 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 site is located within an urbanized area. The subject site has been developed since 1959 with a single-unit dwelling with landscaping consisting of primarily ornamental trees and turf. The subject lot is also a corner lot, situated along paved roadways (Tropicana Way and Whittier Avenue). It is completely surrounded by other lots developed with existing, single-unit homes that also include ornamental landscaping that is not conducive to supporting wildlife and their habitat. Therefore, the design of the proposed subdivision is not likely to cause substantial environmental damage or substantially or avoidably injure wildlife and their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
The subdivision and any future development will be subject to compliance with all applicable state and city codes and regulations that intend to protect public health. Therefore, no health or safety issues are anticipated.
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.
Access to the property is provided directly from Tropicana Way. The existing driveway will be utilized to serve one of the new parcels and a new driveway will be constructed to serve the new parcel two. The property has a drainage easement and an easement for a telephone pole towards the rear of the property. No new development will be permitted upon any easements. The proposed subdivision enables adequate area for future development that will not encroach on any existing easements. Therefore, the project’s design and layout will not conflict with any easements for access or use of the property.
8. That the design of the subdivision does not provide for, to the extent feasible, future passive or natural heating and cooling opportunities.
This tentative parcel map does not include development on the site as a part of this approval. However, all future development of this site will take advantage of opportunities to promote future passive or natural heating and cooling by requiring front yard landscaping, encouraging installation of varied landscaping including canopy trees, and complying with the California Green Building Code standards to the greatest extent possible. Future dwelling units will comply with all California Building Code requirements in place at the time of permitting, and will enhance energy efficiency by implementing all energy efficiency features contained within the most recent California energy efficiency standards to the greatest extent possible. Therefore, the project's design allows for future passive or natural heating and cooling opportunities.
There are no grounds upon which to deny Tentative Parcel Map 2024-111. The subdivision will be consistent with the General Plan and Subdivision Map Act as supplemented by Title 17 of the La Habra Municipal Code. Therefore, staff recommends that the Commission approve Tentative Parcel Map 2024-111.
FISCAL IMPACT/SOURCE OF FUNDING:
The Applicant has paid for the processing costs associated with the Tentative Parcel Map, which total $6,975.00.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):
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 no disturbance of soil will occur, the project is exempted by the Water Quality Ordinance from the preparation of a WQMP.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
The proposed project is related to the following General Plan polices:
- LU 4.1 Development Compatibility. Requires development to be located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality and aesthetics.
- LU 8.1 Neighborhood Identity. Maintain distinguishing characteristics, such as topography, parcel size, housing scale and form, and public streetscapes that differentiate La Habra’s single-unit residential neighborhoods.
- H 1.4 Variety of Housing. Promote a variety of housing types at scales, values, and locations carefully selected to provide housing opportunities for all economic segments of the population, while emphasizing the protection and conservation of existing single-family neighborhoods.
The project is consistent with the following City Council goal and objective:
- Goal 5: Development Activity and Business Assistance
- Objective L: 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).
- Objective L: 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).