This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15332, Class 32: “Infill Development Projects” of the CEQA Guidelines. Class 32 consists of projects characterized by in-fill development that meet the following conditions: (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the project site has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. The project meets the applicable conditions for a Class 32 exemption, as outlined below.

(a) The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.

The project consists of demolishing an existing single-unit dwelling and constructing a four-unit apartment building on a 0.26-acre site. The General Plan designates the project site for Residential Multi-Unit 1 land use, which allows for the development of apartments at a maximum density of 24 dwelling units per acre. Therefore, the 0.26-acre project site is permitted to be developed with a maximum of six dwelling units. The project is also consistent with General Plan policies LU 1.2 Development Capacity, LU 2.1 Places to Live, LU 4.1 Development Compatibility, LU 4.4 Design Review, LU 6.4 Housing Type Distribution, LU 7.2 New Residential Development, LU 7.3 Housing Character and Design, Lu 9.1 Character and Design, LU 9.2 Amenities, LU 9.3 Development Transitions, H 1.3 Support Private Sector, Housing H 1.5 Market and Non-Market Housing Production Needs, and H 2.5 Adequate Housing Sites. The project site is within the R-4 (Multi-Unit Dwelling) Zone and the Planned Unit Development (PUD) Overlay Zone. As detailed in the staff report, the project is consistent with the applicable zoning regulation and all applicable zoning regulations. Therefore, the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations.

(b) The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. 

The project site is 0.26 acres and surrounded by urban uses, including residential developments and a small liquor store. Therefore, the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. 

(c) The project site has no value as habitat for endangered, rare or threatened species. 

The Conservation/Natural Resources chapter of the General Plan does not identify the Project site as an area of biological sensitivity. As a result, the project site has no value as habitat for endangered, rare, or threatened species.

(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. 

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 the 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 Low VMT Generating Zone. Per the Governor's Office of Land Use & Climate Innovation (LCI), formerly known as 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 trios. Based on the project size, the net daily trips are expected to be 27 trips. Therefore, the project is not subject to a VMT analysis. Lastly, the approval of the project would not result in significant impacts to noise, air quality, or water quality, as the project is a residential development proposed on a residentially zoned parcel and surrounded by existing residential developments on all sides and a small commercial liquor store to the south. Therefore, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. 
 
(e) The site can be adequately served by all required utilities and public services. 

Because this is a redevelopment project, the site can and will continue to be adequately served by all utilities and public services.

This project is also not subject to any of the exceptions for exemption listed 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. In addition, the Applicant has submitted a historic resource assessment prepared by Galvin Preservation Associates, Inc. (GPA), which identifies that the project site, and the existing dwelling unit on the project site, do not qualify as a historic resource due to the alterations and additions that have already been made to the original structure. GPA's research of past records also indicates that neither the existing single-unit dwelling nor its association with previous occupants are significant contributors to the City's history. Staff do not expect any significant impacts or unusual circumstances related to the approval and construction of the project. Therefore, the project is categorically exempt from CEQA.

That the Planning Commission approve and adopt:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING DESIGN REVIEW 24-0015 (DR2PH24-0015) TO CONSTRUCT A FOUR-UNIT APARTMENT BUILDING ON THE PROPERTY CURRENTLY ADDRESSED AS 531 SOUTH EUCLID STREET, 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, Thanh Dang, on behalf of the property owner, Amelia Barragan, is requesting approval of Design Review 24-0015 (DR2PH24-0015) to demolish a single-unit dwelling and develop a four-unit, three-story apartment building (the "Project") on 0.26 acres (11,200 square feet) at 531 South Euclid Street (APN: 298-081-21) on the west side of South Euclid Street, north of West Mountain View Avenue ("Project Site").  The Project Site is identified below in Exhibit 1 - Vicinity Map, Exhibit 1. 

Exhibit 1 – Vicinity Map


The General Plan designates the Project Site for Residential Multi-Unit 1 land use. This designation allows for the development of apartments and condominiums/townhouses at a maximum density of 24 dwelling units per acre (du/ac). This designation is applied to properties within the R-3 and R-4 multi-unit zones. Based on the permitted density, the 0.26-acre Project Site is permitted to be developed with a maximum of six dwelling units. The proposed Project will demolish a single-unit dwelling in order to develop a four-unit apartment building. In addition, 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 (Chapter 4, Section B), 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), and the Community Development chapter of the General Plan (Chapter 2, Section D) does not identify the site as an area of notable archaeological resources.

The Project Site is within the R-4 (Multi-Unit Dwelling) Zone and the Planned Unit Development (PUD) Overlay Zone. Pursuant to Section 18.52.040.B.4 of the La Habra Municipal Code (LHMC), the Project is not subject to the requirements of Chapter 18.52 (PUD Overlay Zone) of the LHMC because the Project involves less than six units. Instead, the Project is subject to review and approval of a Design Review pursuant to LHMC Section 18.52.040.B.4. In addition, since the Project involves fewer than 10 residential units, the Project is also not subject to LHMC Chapter 18.82 (Inclusionary Housing Units); and therefore, is not required to provide housing affordable to very low, low or moderate income households or pay an in-lieu fee.

The Project Site is developed with a single-unit dwelling and surrounded by existing residential developments on all sides, except for a small liquor store to the south. The Project Site is served by the Los Angeles County Fire Department (LACFD). The Applicant has received confirmation from LACFD that the existing fire hydrant in the area will meet the required fire flow requirements for the Project. As a condition of approval, the Applicant is required to comply with all requirements set forth by the LACFD prior to the issuance of any building permits. In addition, the Project Site, and the existing single-unit dwelling on the Project Site, as well as the proposed four-unit Project, are, and will continue to be, adequately served by all utilities and public services. 

The Applicant has submitted a historic resource assessment prepared by Galvin Preservation Associates, Inc. (GPA), which identifies that the Project Site and the existing dwelling unit do not qualify as a historic resource due to the alterations and additions that have already been made to the original structure. Further, GPA's research of past records indicates that neither the existing single-unit dwelling nor its association with previous occupants are significant contributors to the City's history. 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 Governor's Office of Land Use & Climate Innovation (LCI), formerly known as 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 27 trips, and therefore, not subject to a VMT analysis. Although the proposed Project will increase the density on the Project Site, this increase is relatively minimal and, because the construction will be required to comply with all federal, state and local laws, the proposed Project is not anticipated to result in any significant impacts on noise, air quality, or water quality. 

The General Plan land use designation, zoning, and existing land use for the Project Site and each of the surrounding properties are provided in Table 1 below: 

Table 1: Project Site and Surrounding Uses

Location	General Plan Designation	Zoning	Existing Land Use
Project Site:	Residential Multi-Unit 1	R-4 (Multi-Unit Dwelling) Zone	Single-Unit Dwelling
North:	Residential Multi-Unit 1	R-4 Zone	Multi-Unit Apartment Complex
East (across Euclid Street):	Medium Density Low Density Residential	R-3 (Limited Multi-Unit Dwelling) Zone R-1c (Single-Unit Dwelling) Zone	Multi-Unit Apartment Complex Single-Unit Dwellings
South:	Neighborhood Commercial	C-1 (Limited Commercial) Zone	Warners Corner Liquor Store and a Single-Unit Dwelling
West:	Residential Multi-Unit 1	R-4 Zone	Multi-Unit Apartment Complex

Access
The proposed Site Plan for the Project is shown below in Exhibit 2 - Site Plan. A complete set of plans is provided in Attachment 3 to this staff report.  Vehicles will access the proposed Project from a driveway located on the western side of South Euclid Street. The driveway will be partially constructed with permeable pavers that will lead to each unit's two-car garage, as well as the trash enclosure and six additional uncovered guest spaces, one of which will be designed to comply with American with Disabilities Act (ADA) requirements. The driveway will terminate at the concrete masonry unit (CMU) block wall that will replace the existing chain link fence at the western and southern property lines of the Project. The existing CMU block wall will be maintained along the northern property line. Pedestrians will access the property from the sidewalk on South Euclid Street, which will lead to a walkway that runs along the northern edge of the property. This walkway will lead to the entryways for each of the units, as well as the common area, the trash enclosure and the ADA parking space located at the rear of the property. The proposed Project will not be gated.

Exhibit 2: Site Plan 
  

Parking
Pursuant to LHMC Section 18.14.060 (Number of Parking Spaces Required), a minimum of three parking spaces are required for each three-bedroom dwelling unit. Additional guest parking is calculated at 0.5 parking spaces per unit. Therefore, the Applicant is required to provide a minimum of 14 parking spaces. The LHMC requires that each unit be provided with two parking spaces within a covered garage. The additional spaces required can be uncovered. The Applicant has proposed that eight parking spaces (two for each of the four units) are to be located within enclosed garages, while the remaining six spaces will be uncovered on the lot. The required and proposed parking spaces are identified below in Table 2.

Table 2: Parking Requirements

	Required	Proposed
Three-bedroom	3 parking spaces/unit or 12 spaces	12 spaces
Guest parking	0.5 parking spaces/unit or 2 spaces	2 spaces
TOTAL	14 spaces	14 spaces

Private/Common Usable Open Space
The R-4 Zone requires a minimum of 1,000 square feet of usable yard area in any combination of private or common usable yard area. The R-4 Zone also requires 250 square feet of usable yard area for each dwelling unit (4 units x 250 square feet = 1,000 square feet required). This yard area may be provided as private open space (i.e. balcony) or common open space; however, the zoning also requires that 30% of the units have private open space. The Applicant is proposing a total of 1,004 square feet of open space, provided through balconies and a larger communal area. All four units will have two usable balconies on floors two and three as shown in Exhibit 4 – Floor Plans. The larger communal area, shown in Exhibit 2 – Site Plan, will be landscaped, and feature seating in the form of picnic tables furniture, a built-in barbecue island, community gardens in built-in planters, and a contemporary shade structure. Details of these amenities can be found in Attachment 2 – Plans.                

Building Design
The Project has been reviewed under the development standards of the R-4 Zone as well as LHMC Chapter 18.09 (Objective Design Standards for Multi-Unit Development) and has been found to be consistent with these requirements. As depicted in Exhibit 3 below, the Applicant has proposed a modern design which includes block forms stylized with white and clay-colored plaster, gray ash wood fiber cement siding, and a variety of accents that include contrasting metal louver canopies, modern metal railings on the second and third stories, and a zinc gray metal seam roof. The first story is detailed with iron-gray aluminum garage doors, matching decorative Heating, Ventilation, and Air Conditioning (HVAC) screening gates, and rounded wall sconces for site illumination. The color of the front doors matches the proposed building façade and the doors have a modern design with a narrow, frosted fiberglass design detail. The second and third floors of the proposed units consist of various windows and private balconies. Additional pop-out accents along the sides of the building provide a varying perception of depth. The building is proposed to be 35 feet in height, under the maximum of 36 feet as permitted for multi-unit developments within the R-4 Zone. The roof of the building features a modern shed-style roof with an approximately 10-degree pitch and will include solar panel arrays of predetermined sizes, as required by the California Energy Code.

Exhibit 3 – Elevations


Floor Plans
As shown below in Exhibit 4, all four of the proposed apartments will be three-bedroom, three-bathroom units; however, they will vary in size and layout. The first floor of Unit 1 will feature a two-car garage, a foyer area, in-unit washer and dryer appliances, an EV Charger, and a staircase leading upstairs. Units 2, 3, and 4 have an additional full bathroom on the first floor. Unit 4’s bathroom will be designed to meet ADA requirements. The second-floor plans are the same for all four units, featuring the primary living space with the kitchen, living and dining area, a bedroom with a walk-in closet, a full bathroom to service the bedroom and primary living space, and a staircase leading to the third floor. The third floor of Unit 1 features two bedrooms and two full bathrooms. Units 2, 3, and 4 all feature two bedrooms and one full bathroom. Details regarding the four residential units are summarized in the table below:

Table 3: Floor Plan Characteristics

Unit Number	Affordable Unit	ADA-Accessible	Square Footage
Unit 1	No	No	1,452 SF
Unit 2	No	No	1,465 SF
Unit 3	No	No	1,461 SF
Unit 4	No	Yes	1,478 SF

Exhibit 4 – Floor plans




The proposed Project complies with the required development standards of the R-4 Multi-Unit Zone, as described above and summarized in Table 4.

Table 4: Multi-Unit Dwelling Zone (R-4) Development Standards

	Required	Proposed
Building Height	Max. 36 feet	35 feet
Front Setback	15 feet	20 feet
Side Setback, First 2 Stories (North, South)	5 feet	5’-6” feet
Side SeHtback, 3rd Story (North, South)	10 feet	10 feet
Rear Setback, First 2 Stories	10 feet	35.5 feet
Rear Setback, 3rd Story	15 feet	35.5 feet

Housing Crisis Act 
The Housing Crisis Act of 2019 (California Government Code sections 66300-66301) prohibits the City from approving a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential units as will be demolished. The Housing Crisis Act also prohibits the City from approving a development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished within the past five years, unless specified requirements are met. The Housing Crisis Act defines "protected units" as any of the following:

• Residential 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 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 property owner has confirmed that the existing unit does not meet the definition of a protected unit.

As outlined above, the property currently consists of one single-unit dwelling and the Applicant is proposing to construct a four-unit apartment building. Therefore, the proposed Project will create at least as many residential dwelling units as will be demolished. Staff has also included conditions of approval requiring compliance with certain Housing Crisis Act requirements for current occupants.

ANALYSIS 
Pursuant to Section 18.68.050 (Findings) of Chapter 18.68 (Design Review) of the LHMC, prior to the approval of Design Review DR2PH24-0015, the Planning Commission must make the findings below. Each required finding is followed by staff’s analysis of the proposed Project's ability to meet the finding.

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

The General Plan designates the Project Site for Residential Multi-Unit 1 land use. This designation allows for the development of apartments and condominiums/townhouses at a maximum density of 24 dwelling units per acre (du/ac). Based on the permitted density, the 0.26-acre Project Site is permitted to be developed with a maximum of six dwelling units. The proposed Project will demolish a single-unit dwelling in order to develop a four-unit apartment building. In addition, 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 (Chapter 4, Section B), 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), and the Community Development chapter of the General Plan (Chapter 2, Section D) does not identify the site as an area of notable archaeological resources.

This proposed Project implements the following policies of the La Habra General Plan 2035: LU 1.2 (Development Capacity) by accommodating the type and density of land use depicted in the Land Use Diagram, LU 2.1 (Places to Live) by adding rental housing in La Habra, LU 4.1 (Development Compatibility) by requiring that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility, and privacy access, and impacts of noise and lighting, LU 4.4 (Design Review) by requiring design review that focuses on achieving appropriate form and function to assure compatibility with community character, while promoting creativity, innovation, and design quality, LU 6.4 (Housing Type Distribution) by allowing the establishment of market-rate apartments, LU 7.2 (New Residential Development) by establishing new residential development, LU 7.3 (Housing Character and Design) by promoting the renovation of the existing housing stock to maintain their distinguishing characteristics and qualities, LU 9.1 (Character and Design) by providing a high level of architectural design and quality of life for residents, LU 9.2 (Amenities) by the Applicant providing a communal landscaped area, community garden planter boxes, and barbecue, H 1.3 (Support Private Sector Housing) 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 market-rate apartments for the community.

Therefore, the proposed Project is consistent with the City's General Plan.

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

The Project Site is within the R-4 (Multi-Unit Dwelling) Zone and the Planned Unit Development (PUD) Overlay Zone. The Project is not subject to the requirements of Chapter 18.52 (PUD Overlay Zone) of the LHMC because the Project involves less than six units. Instead, the Project is subject to review and approval of a Design Review pursuant to LHMC Section 18.52.040.B.4. In addition, since the Project involves fewer than 10 residential units, the Project is also not subject to LHMC Chapter 18.82 (Inclusionary Housing Units); and therefore, is not required to provide housing affordable to very low, low or moderate income households or pay an in-lieu fee. The proposed Project meets or exceeds all applicable requirements of the R-4 Zone as well as LHMC Chapter 18.09 (Objective Design Standards for Multi-Unit Development) including parking (14 spaces required, 14 spaces provided); private/common usable open space (1,000 square feet required, 1,004 square feet provided); the City's objective design standards for the modern architectural style; and the development standards shown in the table below:
 

	Required	Proposed
Building Height	Max. 36 feet	35 feet
Front Setback	15 feet	20 feet
Side Setback, First 2 Stories (North, South)	5 feet	5’-6” feet
Side Setback, 3rd Story (North, South)	10 feet	10 feet
Rear Setback, First 2 Stories	10 feet	35.5 feet
Rear Setback, 3rd Story	15 feet	35.5 feet

Therefore, the proposed Project is consistent with the City's Zoning Ordinance.

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

The Zoning Ordinance and General Plan are tools that are available to ensure that all projects achieve goals that promote the public health, safety, and welfare of the community. The proposed Project is in harmony with both the Zoning Ordinance and the policies of the General Plan. The design of the proposed Project takes into consideration the property’s location and size to accommodate the four units in a thought-out manner. The proposed Project provides adequate on-site access, circulation and on-site parking to minimize impacts to the surrounding area. Also, the proposed building has been designed in compliance with the required setbacks and building height limit.  The architectural style and building type follow the LHMC Chapter 18.09 objective design guidelines for multi-unit residential projects. The Project’s design provides sufficient access for public safety personnel such as Fire and Police and will be serviced by sanitary sewers and storm drains. Therefore, by complying with the Zoning Ordinance and various policies of the General Plan, the proposed Project is in the best interests of the public health, safety, and welfare of the community.

D. For projects that are subject to the objective design standards set forth in Chapter 18.09 of this title, the proposed project is consistent with those standards.

Pursuant to Section 18.09.030.A (Applicability and Review) of Chapter 18.09 (Objective Design Standards for Multi-Unit Residential and Mixed-Use Development) of the LHMC, the standards set forth in Chapter 18.09 apply to all multi-unit residential and mixed-use development in the City, as allowed by the base zone, unless the property is within a specific plan, overlay, and/or planned unit development that already implements design standards, in which case those design standards shall prevail. Because the Project is a multi-unit residential project, the objective design standards apply to this Project. As outlined above, the proposed Project is consistent with the objective design standards for the modern architectural style, described in paragraph C.6 (Modern) of LHMC Section 18.09.060 (Architectural Styles). The proposed Project's design includes block forms stylized with white and clay-colored plaster, gray ash wood fiber cement siding, and a variety of accents that include contrasting metal louver canopies, modern metal railings on the second and third stories, and a zinc gray metal seam roof. The first story is detailed with iron-gray aluminum garage doors, matching decorative HVAC screening gates, and rounded wall sconces for site illumination. The color of the front doors matches the proposed building façade and the doors have a modern design with a narrow, frosted fiberglass design detail. The second and third floors of the proposed units consist of various windows and private balconies. Additional pop-out accents along the sides of the building provide a varying perception of depth. The roof of the building features a modern shed-style roof with an approximately 10-degree pitch and will include solar panel arrays of predetermined sizes, as required by the California Energy Code.

Therefore, the proposed Project is consistent with the objective design standards set forth in Chapter 18.09 of the LHMC.

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

As outlined in the California Environmental Quality Act (CEQA) discussion of this staff report, this project was determined to be categorically exempt from CEQA pursuant to Section 15332, Class 32: “Infill Development Projects” of the CEQA Guidelines.

The Applicant has paid for the processing costs associated with the Design Review which total $6,532. 

 

The Applicant’s proposal has been reviewed pursuant to the requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP) and the Model Water Quality Management Plan (WQMP), Section 7.2. Since the proposal will constitute the disturbance of more than 5,000 square feet of soil, a Priority WQMP is required. A Preliminary Priority WQMP has been prepared and approved.

The Project implements policies LU 1.2 Development Capacity, LU 2.1 Places to Live, LU 4.1 Development Compatibility, LU 4.4 Design Review, LU 6.4 Housing Type Distribution, LU 7.2 New Residential Development, LU 7.3 Housing Character and Design, Lu 9.1 Character and Design, LU 9.2 Amenities, LU 9.3 Development Transitions, H 1.3 Support Private Sector, Housing H 1.5 Market and Non-Market Housing Production Needs, and H 2.5 Adequate Housing Sites through Land Use and Zoning of the La Habra General Plan.

The project implements the following City Council Goal and Objectives: