| Item No. 2. | |
| MEETING DATE: July 28, 2025 |
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| TO: | PLANNING COMMISSION |
| FROM: | SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT By: Ash Syed, Senior Planner |
| SUBJECT: | A DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT 24-0009 (CUP 24-0009) TO ALLOW AUTOMOBILE SERVICE/REPAIR FOR COMPANY VEHICLES, INCLUDING STORAGE OF COMPANY VEHICLES, AT A GENERAL BUSINESS OFFICE LOCATED AT 700 NORTH HARBOR BOULEVARD (ASSESSOR'S PARCEL NUMBER: 303-231-02)
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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 15301(e), Class 1: "Existing Facilities" of the CEQA Guidelines. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed Project will operate within an existing 29,200-square-foot commercial building and associated 750-square-foot vehicle shade structure. The Project does not include major remodeling or structural rehabilitation. Use of the property for automobile service/repair for company vehicles, and associated storage, is a negligible expansion of the general commercial office use.
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. The Project will not cause a substantial adverse change in the significance of any historical resource. 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 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. The Project will not cause a substantial adverse change in the significance of any historical resource. 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.
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 CONDITIONAL USE PERMIT 24-0009 (CUP 24-0009) TO ALLOW AUTOMOBILE SERVICE/REPAIR FOR COMPANY VEHICLES, INCLUDING STORAGE OF COMPANY VEHICLES, AT A GENERAL BUSINESS OFFICE LOCATED AT 700 NORTH HARBOR 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 15301, CLASS 1: “EXISTING FACILITIES” OF THE CEQA GUIDELINES
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING CONDITIONAL USE PERMIT 24-0009 (CUP 24-0009) TO ALLOW AUTOMOBILE SERVICE/REPAIR FOR COMPANY VEHICLES, INCLUDING STORAGE OF COMPANY VEHICLES, AT A GENERAL BUSINESS OFFICE LOCATED AT 700 NORTH HARBOR 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 15301, CLASS 1: “EXISTING FACILITIES” OF THE CEQA GUIDELINES
DISCUSSION:
The Applicant, Julian Shahinian, on behalf of the Property Owner, John Akhoian, is requesting the approval of a Conditional Use Permit (CUP) to allow automobile service/repair for company vehicles, including storage of company vehicles, as part of a general business office for a plumbing company (Rooter Hero Plumbing & Air) (the "Project"). The Project would be located on a 2.83-acre property, developed with an existing 29,200-square-foot commercial building, located at 700 North Harbor Boulevard (the "Project Site"), situated near the southeast corner of Harbor Boulevard and Whittier Avenue (see Exhibit 1 below and Attachment 2).
Exhibit 2: Exterior
Exhibit 1: Vicinity Map
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The General Plan designates the Project Site for Mixed-Use Center 1 land use. The site is also located within the C-2 (Commercial) Zone and the MX (Mixed-Use Overlay) Zone, which implement the General Plan Mixed-Use Center 1 land use. The General Plan describes this land use designation as "Characterized by parcels developed exclusively for retail or office commercial, multi-unit residential, or for a mix of these uses distributed horizontally on the site or vertically in buildings with housing above ground level commercial uses." The General Plan designation, zoning, and existing land use for the site and each of the surrounding properties is provided in Table 1 below:
Table 1: Surrounding Properties
| Location | General Plan Designation | Zoning | Existing Land Use |
| Site: | Mixed-Use Center 1 | C-2 Zone/MX Overlay Zone | Commercial Building |
| Northwest Corner: | Mixed-Use Center 1 | C-2 Zone/MX Overlay Zone | Berri Bros Service Station/7-Eleven Convenience Market (under construction) |
| North (across Whitter Avenue): | Highway Commercial Residential Multi-Unit 1 |
C-2 Zone Limited Multi-Unit Dwelling (R-3) Zone |
Multi-tenant Office Building Condominium Complex |
| East: | Low Density | Single-Unit Dwelling (R-1c) Zone | Single-Unit Residences |
| South: | Neighborhood Commercial Residential Multi-Unit 1 |
C-2 Zone Commercial Residential (C-R) Zone |
La Habra Norge Dry Cleaners Apartment Complex |
| West (across Harbor Boulevard): | Open Space (OS) Mixed-Use Center 1 Highway Commercial |
Open Space C-2 Zone/MX Overlay Zone C-2 Zone |
Constitution Plaza Park La Habra Villas Senior Living Facility Construction Office |
The Project Site was first developed in 1961 with a 21,000-square-foot commercial building designed for Lucky’s Supermarket, which operated until 1975. The subject building became Crown Market in 1975 and Shoppers Ranch Market in 1976. The building was changed to a temporary clothing and soft goods store in 1977.
On September 11, 1978, the Planning Commission approved a CUP to allow the building to operate as the Heritage Square Antiques Mall, but conditioned the approval upon the property owner completing landscaping upgrades to the Project Site. On April 26, 1982, the property owner requested that the Planning Commission waive the on-site landscaping requirement; the Planning Commission continued its consideration of this request to allow the property owner time to explore additional options regarding the landscape. On June 28, 1982, the Planning Commission approved a Zone Variance to reduce the on-site landscaping with the condition that the next tenant would be required to provide the minimum landscaping required by the La Habra Municipal Code (LHMC).
On March 9, 1987, the Planning Commission granted a Zone Variance to allow a reduction in the required rear-yard setback from 20 feet to five feet to allow major alterations to the existing building, which did not conform to the development standards of the C-2 Zone. The major alterations were to accommodate the American First Credit Union within the existing building, as well as parking lot and landscaping upgrades. In 1987, a 6,892 -square-foot second-story addition, as well as a 608-square-foot front addition, was completed (see Exhibit 2 below and Attachment 3). Additionally, a total of 11,721 square feet of landscape was added, exceeding the LHMC minimum requirement of 6,064 square feet.
After American First Credit Union ceased operations in 2020, the building became temporarily vacant. A housing developer prepared preliminary plans to develop nine commercial ground-floor units along with 48 townhomes, but this project did not move forward due to failed negotiations regarding the environmental clean-up of the property. A church also attempted to occupy the building on a temporary basis, but this was discontinued after the property owner received notice from the City that the use was subject to the approval of a CUP. In 2023, the property was acquired by John Akhoian.
On September 11, 1978, the Planning Commission approved a CUP to allow the building to operate as the Heritage Square Antiques Mall, but conditioned the approval upon the property owner completing landscaping upgrades to the Project Site. On April 26, 1982, the property owner requested that the Planning Commission waive the on-site landscaping requirement; the Planning Commission continued its consideration of this request to allow the property owner time to explore additional options regarding the landscape. On June 28, 1982, the Planning Commission approved a Zone Variance to reduce the on-site landscaping with the condition that the next tenant would be required to provide the minimum landscaping required by the La Habra Municipal Code (LHMC).
On March 9, 1987, the Planning Commission granted a Zone Variance to allow a reduction in the required rear-yard setback from 20 feet to five feet to allow major alterations to the existing building, which did not conform to the development standards of the C-2 Zone. The major alterations were to accommodate the American First Credit Union within the existing building, as well as parking lot and landscaping upgrades. In 1987, a 6,892 -square-foot second-story addition, as well as a 608-square-foot front addition, was completed (see Exhibit 2 below and Attachment 3). Additionally, a total of 11,721 square feet of landscape was added, exceeding the LHMC minimum requirement of 6,064 square feet.
After American First Credit Union ceased operations in 2020, the building became temporarily vacant. A housing developer prepared preliminary plans to develop nine commercial ground-floor units along with 48 townhomes, but this project did not move forward due to failed negotiations regarding the environmental clean-up of the property. A church also attempted to occupy the building on a temporary basis, but this was discontinued after the property owner received notice from the City that the use was subject to the approval of a CUP. In 2023, the property was acquired by John Akhoian.
Exhibit 2: Exterior
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As noted above, the Applicant is requesting approval of a CUP to allow automobile service/repair for company vehicles, including storage of company vehicles, at a general business office (Rooter Hero Plumbing & Air). Pursuant to LHMC Table 18.06.040.A - Land Use Matrix, a general business office is a permitted use in the C-2 Zone. However, automobile service/repair is subject to the approval of a CUP. Rooter Hero Plumbing & Air is currently operating at the Project Site; the CUP request is the result of a Code Enforcement Case (CE Case #24-56) related to the uses that require a CUP, as well as construction completed without the necessary permits.
The LHMC defines "automobile service/repair" as "a retail place of business serving vehicles. It provides services directly related to the operation and maintenance of the vehicle. All services must be performed entirely within a closed building and includes such services as follows: battery service, hand washing, waxing and polishing of automobiles, the sale and repair of tires (excluding recapping), cleaning and flushing of radiators, lubrication of automobiles, wheel balancing, testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water hoses and wiring and brake service limited to servicing and replacement of brake cylinders and brake shoes. No machine work, body work or paint spraying is permitted outside of an enclosed building. Internal motor or drive train repairs may be performed only when they are incidental to other repairs being performed and they may not be done as a regular repair service."
Pursuant to LHMC Section 18.06.040.A, any uses which are not specifically listed in Table 18.06.040.A - Land Use Matrix are prohibited unless the Planning Commission makes a determination that the proposed use is substantially similar to another permitted or conditionally permitted use. Although the Applicant's proposed use is not a retail use, the services to be provided on-site to the company's vehicles are those outlined in the definition of "automobile service/repair." Therefore, staff recommends that the Planning Commission find that the proposed use is substantially similar to the automobile service/retail use.
Rooter Hero Plumbing & Air offers installation, repair and maintenance of drainage systems at off-site locations. As described in their Letter of Operations (see Attachment 4), the existing building will include a call center, where a total of 15 dispatchers speak with customers and direct plumbers to each service location and oversee daily operations. The hours of operation are Monday through Friday, from 7:30 a.m. to 5:30 p.m., and Saturdays, from 8:00 a.m. to 3:00 p.m. Plumbing tools and equipment, including, but not limited to, faucets, garbage disposals, fittings, etc., will be stored in the building. Plumbers will access the plumbing storage area, which will be managed by a single employee, and take the necessary tools and equipment for each customer service appointment. Plumbers will travel to appointments using one of the 30 company vehicles, which will be returned to the Project Site at the end of the day and stored overnight in the parking lot.
Many of these company vehicles are driven long distances to serve the greater Orange County area and surrounding areas. To ensure company vehicles will be readily available, the Applicant proposes to provide automobile service and repair to their company vehicles on-site within the existing building. Two designated mechanics will provide limited engine repair, brake work, oil changes, and/or tire rotation and/or replacement. Services will not include vehicle body work or the use of vehicle paint booths. Service and repair of company vehicles will not occur outside the building nor will maintenance services be offered to the public. Project-specific conditions of approval have been included that prohibit vehicle service and repair activities from taking place outside the building and require the company to comply with the City’s Noise Ordinance at all times. The project-specific conditions also limit the hours during which vehicle services and repairs may be performed to the hours of operation outlined above.
The Project will not require significant modifications to the existing site layout, shown below and in Attachment 5. The Applicant proposes to secure the lot with perimeter fencing. Currently, there is a six-foot-high wrought iron fence that was installed along the Whittier Avenue and Harbor Boulevard street frontages without planning approval or building permits. Pursuant to LHMC Section 18.12.070.A (Fences, Walls, and Hedges), the maximum height of fencing within the setback is three feet. Therefore, as a condition of approval, the Applicant will remove the existing six-foot-high wrought iron fencing along the Whittier Avenue and Harbor Boulevard property lines and relocate the fencing 10 feet inward along Whittier Avenue and 15 feet inward along Harbor Boulevard to comply with commercial fencing setback standards. Vehicles will continue to access the site from driveways on Harbor Boulevard and Whittier Avenue. A project-specific condition of approval has been included to ensure a minimum 20-foot setback at both the Whittier Avenue gate and Harbor Boulevard gate for adequate vehicle queuing. A Knox Box will also be installed at both gates to ensure emergency fire access.
The LHMC defines "automobile service/repair" as "a retail place of business serving vehicles. It provides services directly related to the operation and maintenance of the vehicle. All services must be performed entirely within a closed building and includes such services as follows: battery service, hand washing, waxing and polishing of automobiles, the sale and repair of tires (excluding recapping), cleaning and flushing of radiators, lubrication of automobiles, wheel balancing, testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water hoses and wiring and brake service limited to servicing and replacement of brake cylinders and brake shoes. No machine work, body work or paint spraying is permitted outside of an enclosed building. Internal motor or drive train repairs may be performed only when they are incidental to other repairs being performed and they may not be done as a regular repair service."
Pursuant to LHMC Section 18.06.040.A, any uses which are not specifically listed in Table 18.06.040.A - Land Use Matrix are prohibited unless the Planning Commission makes a determination that the proposed use is substantially similar to another permitted or conditionally permitted use. Although the Applicant's proposed use is not a retail use, the services to be provided on-site to the company's vehicles are those outlined in the definition of "automobile service/repair." Therefore, staff recommends that the Planning Commission find that the proposed use is substantially similar to the automobile service/retail use.
Rooter Hero Plumbing & Air offers installation, repair and maintenance of drainage systems at off-site locations. As described in their Letter of Operations (see Attachment 4), the existing building will include a call center, where a total of 15 dispatchers speak with customers and direct plumbers to each service location and oversee daily operations. The hours of operation are Monday through Friday, from 7:30 a.m. to 5:30 p.m., and Saturdays, from 8:00 a.m. to 3:00 p.m. Plumbing tools and equipment, including, but not limited to, faucets, garbage disposals, fittings, etc., will be stored in the building. Plumbers will access the plumbing storage area, which will be managed by a single employee, and take the necessary tools and equipment for each customer service appointment. Plumbers will travel to appointments using one of the 30 company vehicles, which will be returned to the Project Site at the end of the day and stored overnight in the parking lot.
Many of these company vehicles are driven long distances to serve the greater Orange County area and surrounding areas. To ensure company vehicles will be readily available, the Applicant proposes to provide automobile service and repair to their company vehicles on-site within the existing building. Two designated mechanics will provide limited engine repair, brake work, oil changes, and/or tire rotation and/or replacement. Services will not include vehicle body work or the use of vehicle paint booths. Service and repair of company vehicles will not occur outside the building nor will maintenance services be offered to the public. Project-specific conditions of approval have been included that prohibit vehicle service and repair activities from taking place outside the building and require the company to comply with the City’s Noise Ordinance at all times. The project-specific conditions also limit the hours during which vehicle services and repairs may be performed to the hours of operation outlined above.
The Project will not require significant modifications to the existing site layout, shown below and in Attachment 5. The Applicant proposes to secure the lot with perimeter fencing. Currently, there is a six-foot-high wrought iron fence that was installed along the Whittier Avenue and Harbor Boulevard street frontages without planning approval or building permits. Pursuant to LHMC Section 18.12.070.A (Fences, Walls, and Hedges), the maximum height of fencing within the setback is three feet. Therefore, as a condition of approval, the Applicant will remove the existing six-foot-high wrought iron fencing along the Whittier Avenue and Harbor Boulevard property lines and relocate the fencing 10 feet inward along Whittier Avenue and 15 feet inward along Harbor Boulevard to comply with commercial fencing setback standards. Vehicles will continue to access the site from driveways on Harbor Boulevard and Whittier Avenue. A project-specific condition of approval has been included to ensure a minimum 20-foot setback at both the Whittier Avenue gate and Harbor Boulevard gate for adequate vehicle queuing. A Knox Box will also be installed at both gates to ensure emergency fire access.
Exhibit 3: Site Plan
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While the existing building footprint will remain the same, the Applicant is proposing interior tenant improvements, which are shown in Exhibit 4 below and Attachment 6. The first floor, comprising 21,700 square feet, will include a lobby area, eleven office rooms, two conference rooms, two restrooms, a computer room, a maintenance equipment room, an electrical room, a janitorial closet, a fire riser room, two stairwells, and an open area for the installation of vehicle service lifts. The second floor, comprising 6,892 square feet, overlooks the main lobby area, and will feature five office rooms, two restrooms, two storage rooms, and a break room.
Exhibit 4: Floorplans
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The proposed indoor vehicle lifts will necessitate the addition of two new vehicular roll-up doors along the northern elevation facing Whittier Avenue. In order to add these new doors, the Applicant will remove a total of four compact parking spaces and replace them with four new parallel parking spaces at the northwest corner of the site. A third roll-up door is also proposed along the southern elevation. However, the third door will enable the Applicant to use an existing loading dock and will not require any modifications to the site layout.
Pursuant to LHMC Section 18.14.060 (Number of [Parking] Spaces Required), on-site parking requirements are provided in Table 2 below:
Table 2: Parking Calculations
| Use | LHMC Parking Requirement | Floor Area | Spaces Required | Spaces Provided |
| General Business Office | 3.3 spaces per 1,000 SF | 6,852 SF | 23 spaces | 83 spaces |
| Automobile Service/ Repair |
2.7 spaces per 1,000 SF of office | (Required office parking is not applicable because there is no separate office dedicated to automobile service/repair) | n/a | n/a |
| 2 spaces per service bay | 2 service bays | 4 spaces | 4 spaces | |
| Vehicle Storage | n/a | 30 Vans | 30 spaces | 30 spaces |
| Total | 57 spaces | 117 spaces | ||
The existing parking lot currently provides a total of 120 parking spaces, including two accessible spaces, and 17 non-conforming compact spaces. A Project condition of approval has been included to re-stripe existing, non-conforming compact parking spaces to full-size (9'x18') parking spaces to comply with the City's parking standards. This re-striping will reduce the existing 120 spaces to 115 full-size spaces and two ADA spaces for a total of 117 spaces on the site, which satisfies the 57 spaces required for this business.
As part of the changes to the northern elevation of building, the Applicant will remove a small portion of existing on-site landscaping, including four trees, totaling 707 square feet. Pursuant to LHMC Section 18.14.070.D.3.a (Parking Lot Design [Landscaping]), a minimum of seven percent (6,064 square feet) of the parking lot area must be landscaped and also include one tree per every 10 parking spaces. The existing site still provides 12.7 percent (11,014 square feet) of landscaping and 24 trees, exceeding both the City’s landscaping and tree count requirements for this proposed Project.
The Project is not subject to Design Review by the Planning Commission because the Project does not include major remodeling or structural rehabilitation of more than twenty-five percent of the existing building area or any additional floor area. The improvements proposed to the exterior and interior of the building will be reviewed by Planning staff under an administrative plan check. Table 3 below identifies the development standards for the C-2 Zone and compares them against the Project. In addition, LA County Fire has determined that an existing hydrant provides adequate fire flow to the site.
Table 3: C-2 (Commercial) Development Standards
| Development Standard | Required | Proposed |
| Front Setback (min) | 15 Feet | 205 Feet |
| Street-side Setback (min) | 10 Feet | 120 Feet |
| Interior Side Setback (min)* | 5 Feet | 5 Feet |
| Rear Setback (min)* | 20 Feet | 70 Feet |
| Building Height (max) | 50 Feet | 28 Feet |
| Floor Area Ratio (max) | 30% | 23.7% |
| Landscaping (min) | 6,064 SF (7%) | 11,014 SF (12.7%) |
*On March 9, 1987, the Planning Commission approved a Zone Variance to reduce the required rear setback for the property (eastern property line) from 20 feet to five feet. Per LHMC Section 18.04.030 (Terms Defined), “Front Lot Line” is defined as “The property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front lot line.” Per this definition, the Whittier Avenue (northern) frontage is considered the front setback, making the southern façade of the building the rear setback and the eastern façade the side setback. Per this current definition, the existing building is consistent with each of the setback standards for the C-2 Zone.
HOUSING ELEMENT - NO NET LOSS ANALYSIS
Table 5: Sites to Accommodate Remaining RHNA
1. Sites identified as suitable for the development of units for Low or Very Low Income Households.
2. Since there is an excess in sites identified for Lower Income Households, this excess can be used towards meeting the City's RHNA allocation for Moderate and Above-Moderate Units.
HOUSING ELEMENT - NO NET LOSS ANALYSIS
In accordance with California Government Code section 65583, each city's housing element must include an inventory of land suitable and available for residential development to meet the locality's housing need for each of the designated income levels of the assigned Regional Housing Needs Assessment (RHNA) allocation. Additionally, pursuant to California Government Code section 65863, if the City allows development of a site with less units by income level than identified in the Housing Element for that site, the City must make written findings supported by substantial evidence that there are remaining sites identified in the Housing Element to accommodate the City's share of regional housing needs, including a quantification of the remaining unmet need for each income level. The Project Site is identified as Site #5 in Figure HE-4.2: Housing Sites Inventory and Table HE 4.4: RHNA Production and Sites Credit of the City's 2021-2029 Housing Element (see Attachment 7). Table HE 4.4 identifies that the Project Site could accommodate up to 48 housing units (43 units affordable to above-moderate income households and five units affordable to moderate income households) based on the property's General Plan land use designation and the previous housing proposal for the Project Site, discussed earlier in this report.
Although the proposed Project does not include residential development, the City will still have enough sites available to meet its RHNA allocation. As shown in Table 4 below, slightly over halfway through the eight-year Housing Element planning cycle, the City has permitted 319 units of its 804-unit RHNA allocation. To date, Sites # 10, 11, 13, 14, 17, 18, 19, 20, 21 and 22, identified in the Housing Element, have not been developed, resulting in enough land to accommodate the remaining RHNA, as shown below in Table 5.
Although the proposed Project does not include residential development, the City will still have enough sites available to meet its RHNA allocation. As shown in Table 4 below, slightly over halfway through the eight-year Housing Element planning cycle, the City has permitted 319 units of its 804-unit RHNA allocation. To date, Sites # 10, 11, 13, 14, 17, 18, 19, 20, 21 and 22, identified in the Housing Element, have not been developed, resulting in enough land to accommodate the remaining RHNA, as shown below in Table 5.
Table 4: Housing Units Permitted and/or Constructed between 2021-July 2025
| Income Level | RHNA Allocation | 2021 | 2022 | 2023 | 2024 | 2025 | Total Units to Date | Total Remaining RHNA by Income Level |
| Very Low | 192 | 5 | 5 | 187 | ||||
| Low | 116 | 12 | 44 | 26 | 47 | 33 | 162 | - |
| Moderate | 130 | 12 | 12 | 118 | ||||
| Above Moderate | 366 | 3 | 12 | 51 | 58 | 16 | 140 | 226 |
| Total | 804 | 20 | 56 | 77 | 117 | 49 | 319 | 485 |
Table 5: Sites to Accommodate Remaining RHNA
| Site | Anticipated Affordability Income Levels | |||
|
Lower1
|
Moderate | Above Moderate | Total | |
| 10 |
169
|
169 | ||
| 11 | 7 | 39 | 46 | |
| 13 | 66 | 66 | ||
| 14 | 32 | 32 | ||
| 17 | 49 | 49 | ||
| 18 | 46 | 46 | ||
| 19 | 4 | 4 | ||
| 20 | 23 | 23 | ||
| 21 | 26 | 26 | ||
| 22 | 129 | 129 | ||
| Total | 4232 | 65 | 102 | 590 |
2. Since there is an excess in sites identified for Lower Income Households, this excess can be used towards meeting the City's RHNA allocation for Moderate and Above-Moderate Units.
Table 6: RHNA Surplus per Income Level
| Income Level | Units to Accommodate Remaining RHNA | Total Remaining RHNA by Income Level | Surplus Unit Total |
| Lower1 | 4232 | 187 | 236 |
| Moderate | 65 | 118 | -53 |
| Above Moderate | 102 | 226 | -124 |
| Total | 590 | 531 | 59 |
2. Since there is an excess in sites identified for Lower Income Households, this excess can be used towards meeting the City's RHNA allocation for Moderate and Above-Moderate Units.
According to the flexibility afforded in California Government Code Section 65583, as of the City's 2024 Housing Element progress update, the 236-unit surplus in low-income units is enough to offset the 53-unit shortage in moderate-income units plus the 124-unit shortage in above-moderate income units.
Conditional Use Permit (CUP 24-0009)
Pursuant to LHMC Section 18.66.070(C), in order to approve a CUP, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the required findings:
1. The granting of such conditional use permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The subject site and building have been the location of a variety of commercial uses since 1961. The proposed business (Rooter Hero Plumbing & Air) will occupy the existing 29,200-square-foot building. The primary operations, including general office activity, storage of plumbing equipment, and service and repair of company vehicles, will be fully contained within the building. The granting of the CUP to allow automobile service and repair of company vehicles and outdoor storage of company vehicles with project-specific conditions, such as prohibiting service and repair within the parking lot and requiring compliance with the City’s noise ordinance at all times, will not impair the character of the area. The hours of vehicle services and repairs will be limited to 7:30 a.m. to 5:30 p.m., Monday through Friday, and 8:00 a.m. to 3:00 p.m. on Saturdays. This will further ensure that no site activities, particularly noise related to vehicle repair, will occur or affect adjacent residences during the evening hours. Therefore, granting the CUP will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties or impair the character of the C-2/MX Overlay Zone.
The subject site and building have been the location of a variety of commercial uses since 1961. The proposed business (Rooter Hero Plumbing & Air) will occupy the existing 29,200-square-foot building. The primary operations, including general office activity, storage of plumbing equipment, and service and repair of company vehicles, will be fully contained within the building. The granting of the CUP to allow automobile service and repair of company vehicles and outdoor storage of company vehicles with project-specific conditions, such as prohibiting service and repair within the parking lot and requiring compliance with the City’s noise ordinance at all times, will not impair the character of the area. The hours of vehicle services and repairs will be limited to 7:30 a.m. to 5:30 p.m., Monday through Friday, and 8:00 a.m. to 3:00 p.m. on Saturdays. This will further ensure that no site activities, particularly noise related to vehicle repair, will occur or affect adjacent residences during the evening hours. Therefore, granting the CUP will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties or impair the character of the C-2/MX Overlay Zone.
2. The subject site is physically suitable for the type of land use being proposed.
The CUP does not necessitate modifications to the existing building footprint size. Nor does it require any significant changes to the site layout. As proposed, the parking lot will be able to provide 117 parking spaces after the relocation and re-striping of several parking spaces, which will satisfy the minimum of 57 parking spaces required under the LHMC. Therefore, the subject site will continue to be physically suitable for the operation of automobile service and repair for company vehicles.
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
Per Table 18.06.040.A (Land Use Matrix) of the LHMC, automobile service/repair is subject to the approval of a CUP in the C-2 Zone. Staff reviewed the Project plans and Letter of Business Operations and determined that the proposed use complies with all applicable LHMC requirements and the development standards of the C-2 Zone, as provided by the table below:
Site Development Standards
| Development Standard | Required | Proposed |
| Front Setback (min) | 15 Feet | 205 Feet |
| Street-side Setback (min) | 10 Feet | 120 Feet |
| Interior Side Setback (min) | 5 Feet | 5 Feet |
| Rear Setback (min) | 20 Feet | 70 Feet |
| Building Height (max) | 50 Feet | 28 Feet |
| Floor Area Ratio (max) | 30% | 23.7% |
| Landscaping (min) | 6,064 SF (7%) | 11,014 SF (12.7%) |
| Parking (min) | 57 Spaces | 117 Spaces |
Therefore, the proposed use is conditionally permitted within the C-2 Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
4. The granting of this conditional use permit is consistent with the comprehensive general plan.
The General Plan designates the Project site for Mixed-Use Center 1, which is characterized by parcels developed exclusively for retail or office commercial, multi-unit residential, or for a mix of these uses distributed horizontally on the site or vertically in buildings with housing above ground-level commercial uses. The Applicant is proposing automobile service/repair for company vehicles related to a plumbing business within an existing commercial building. The in-house servicing of the vans will allow the business to serve the daily or frequent plumbing needs of residents in the immediate vicinity.
The proposed Project is consistent with the following General Plan policies:
LU 4.1: Development Compatibility: Require that development is 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.
- The proposed use is automobile service/repair for company vehicles for a plumbing/HVAC-related company utilizing an existing commercial building on a site historically occupied by commercial businesses. The site development standards are consistent with the C-2 (Commercial) zoning standards related to setbacks, parking, and landscaping. Further, business operations will take place fully within the enclosed building and not pose any excessive noise or light-related nuisances to the adjacent existing residences.
LU 11.1: Diversity of Uses: Provide for and encourage the development of a broad range of uses in La Habra’s commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.
- The proposed use is automobile service/repair for company vehicles for a plumbing/water/HVAC-related company located within a commercial building along a primary thoroughfare that already features a variety of commercial uses, such as restaurants, medical offices, automobile service stations, but no similar plumbing businesses.
LU 12.1: Land Use Mix. Allow for the development of properties and buildings in areas designated as “Mixed Use” for commercial, office, and/or multi-unit housing uses.
-The proposed use is automobile service/repair for company vehicles for a plumbing business within an existing commercial building on a site that is zoned for commercial uses and has a land use designation of Mixed-Use Center 1, which supports the use.
FISCAL IMPACT/SOURCE OF FUNDING:
The Applicant has paid for the processing cost associated with the Conditional Use Permit, which totals $6,759.00.
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 project is consistent with the following General Plan policies:
LU 4.1: Development Compatibility: Require that development is 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.
-The proposed business is a plumbing/HVAC-related company utilizing an existing commercial building on a site historically occupied by commercial businesses. The site development standards are consistent with the C-2 (Commercial) zoning standards related to setbacks, parking, and landscaping. Further, business operations will take place fully within the enclosed building and not pose any excessive noise or light-related nuisances to the adjacent existing residences.
LU 11.1: Diversity of Uses: Provide for and encourage the development of a broad range of uses in La Habra's commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.
- The proposed business is a plumbing/water/HVAC-related company located within a commercial building along a primary thoroughfare that already features a variety of commercial uses, such as restaurants, medical offices, automobile service stations, but no similar plumbing businesses.
LU 12.1: Land Use Mix. Allow for the development of properties and buildings in areas designated as “Mixed Use” for commercial, office, and/or multi-unit housing uses.
-The proposed business is a commercial use within an existing commercial building on a site that is zoned for commercial uses and has a land use designation of Mixed-Use Center 1 which supports the use. Adjacent to existing residential developments to the south and east, the business operations will provide plumbing/water/HVAC-related services for local residents in a timely and efficient manner.
LU 4.1: Development Compatibility: Require that development is 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.
-The proposed business is a plumbing/HVAC-related company utilizing an existing commercial building on a site historically occupied by commercial businesses. The site development standards are consistent with the C-2 (Commercial) zoning standards related to setbacks, parking, and landscaping. Further, business operations will take place fully within the enclosed building and not pose any excessive noise or light-related nuisances to the adjacent existing residences.
LU 11.1: Diversity of Uses: Provide for and encourage the development of a broad range of uses in La Habra's commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.
- The proposed business is a plumbing/water/HVAC-related company located within a commercial building along a primary thoroughfare that already features a variety of commercial uses, such as restaurants, medical offices, automobile service stations, but no similar plumbing businesses.
LU 12.1: Land Use Mix. Allow for the development of properties and buildings in areas designated as “Mixed Use” for commercial, office, and/or multi-unit housing uses.
-The proposed business is a commercial use within an existing commercial building on a site that is zoned for commercial uses and has a land use designation of Mixed-Use Center 1 which supports the use. Adjacent to existing residential developments to the south and east, the business operations will provide plumbing/water/HVAC-related services for local residents in a timely and efficient manner.
Attachments
- 1. PC Resolution
- 2. Vicinity Map
- 3. Exterior
- 4. Letter of Operation
- 5. Site Plan
- 6. Floorplan
- 7. Housing Element Excerpt