This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15305, Class 5: "Minor Alterations to Land Use Limitations" of the CEQA Guidelines. Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. The site has an average slope of less than 20% as verified through topographic maps and site inspection.  The project involves minor variances to perimeter fence heights and alterations not resulting in changes in land use or density.

The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the project is predominantly urban and not considered a sensitive environment; therefore, the project will not result in any significant environmental impact. The 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 of this 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 ZONE VARIANCE 25-0002 (ZV25-0002) TO ALLOW THE INSTALLATION OF PERIMETER FENCING AND SECURITY GATES THAT EXCEED SIX FEET IN HEIGHT AT AN EXISTING INDUSTRIAL BUSINESS AT 901 AND 951 SOUTH LESLIE STREET (APN 019-111-03), 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 15305, CLASS 5: “MINOR ALTERATIONS TO LAND USE LIMITATIONS” OF THE CEQA GUIDELINES

The Applicant, Candice Grimsrud of Snyder Langston, on behalf of the property owner, Patrick Boyle of BPE, LLC, is requesting approval of Zone Variance 25-0002 (ZV25-0002) to allow an existing industrial business (a.k.a. General Sealants, Inc.), located within existing buildings at 901 and 951 South Leslie Street (APN: 019-111-03) to install new security fencing and gates that exceed the maximum height allowed per the La Habra Municipal Code (LHMC). LHMC Section 18.12.070 (Fences, walls and hedges) of Chapter 18.12 (Special Development Standards) permits fences and gates to be a maximum height of six feet; the Applicant is proposing to install three eight-foot-high gates, one eight-foot-high fence, and one sixteen-foot-high fence. According to the Applicant, General Sealants, Inc. requires enhanced security fencing and gates because they manufacture highly specialized sealants on-site with proprietary ingredients that are utilized by the U.S. government. The project site is shown on Exhibit 1 below.
 

Exhibit 1 - Vicinity Map

The General Plan designates the project site for Light Industrial (0.8 FAR) land use, which is characterized by manufacturing, wholesale, and warehouse uses with off-street parking that can be developed in proximity to residential uses without serious conflict due to development standards that regulate things such as noise, vibration, setbacks, and landscaping. The project site is within the M-1 (Light Manufacturing) Zone, which implements the Light Industrial General Plan land use designation. The site has historically been utilized for industrial uses since 1954, according to City records. Prior industrial uses have included light and automotive related manufacturing and a lab facility. The current owner began site improvements for the operation of General Sealants in October 2023. The primary operation of General Sealants, Inc. is to manufacture and produce a variety of specialty sealants. Pursuant to LHMC 18.06.040.A, a manufacturing/light industrial land use is permitted by right within the M-1 (Light Manufacturing) Zone. 

The subject site is located in a predominantly industrial area. The access point from South Cypress Street is truck access only, while South Leslie Street serves as the employee and visitor entrance. Leslie Street runs north and south, but dead ends at the entrance to La Habra Bakery, located north of the project site. Cypress Street connects with Lambert Road to the north and Imperial Highway to the south. The General Plan land use designation, zoning and existing land uses for the properties that surround the subject site are summarized in Table 1 below. During a site visit to the property, staff identified that the site and surrounding industrial uses have existing fencing that exceeds six feet in height. 

Table 1: 

Direction	General Plan Designation	Zoning	Existing Use
North	Commercial Industrial (0.8 FAR)	PC-1 (Planned Commercial Industrial)	La Habra Bakery
East	Light Industrial (0.8 FAR)	M-1 Light Manufacturing	CKD Industries, Inc.; Precision Landscape & Turf; Fix Auto La Habra
South	Commercial Industrial (0.8 FAR)	PC-1	Fullerton Joint Union High School Transportation and Operations
West	Commercial Industrial (0.8 FAR)	M-1	La Habra Plating Company; Wolverine Fence Company, Inc.

The Applicant is seeking approval to install new fencing and gates as depicted in Exhibit 2 and described below.

Locations #1 and 2: An eight-foot-high rolling gate and pedestrian gate access, extending roughly 26.5 linear feet across the drive aisle at the south side of the building, and an eight-foot-high swing gate, extending 17.5 linear feet wide at the north side of the building, are proposed in Locations #1 and 2, respectively. The gates will consist of corrugated metal panels that will be painted to match the darker accent color of the two redeveloped industrial buildings. These gates will limit access from Leslie Street.

Location #3: An eight-foot-high chain-link fence with slats, extending 460 linear feet, is proposed along the northern property line. This fence will replace the site's current perimeter fencing, which is dilapidated chain-link fencing topped with razor wire. This fence is proposed to be a new galvanized chain-link fence with slats that will be color-matched to the primary color of the renovated industrial buildings.
 
Location #4: An eight-foot-high motorized operated swing gate that extends just under 29 feet is proposed along the west property line on a flag lot (APN 019-111-34) owned by the City of La Habra, which provides secondary vehicular access to the site from Cypress Street. A gate is proposed in this location for security purposes and access control at the rear of the site and due to the grade differential from the South Cypress Street entrance and the loading/unloading docks located at the rear of the 901 Building (northern building). This gate will be color matched to the accent color of the renovated industrial buildings. If the application for Zone Variance 25-0002 is approved, the conditions of approval require the property owner to execute an encroachment agreement before installing a new eight-foot-high gate on City property. Furthermore, the Applicant will be required, as a condition of approval, to provide an easement that extends (east-west) across their property. It is intended that the easement will enable the City to access the existing 10-inch water line on the property for repair and/or maintenance as needed.
 
Location #5: A sixteen-foot-high chain-link fence with slats is proposed adjacent to a 75-linear-foot portion of the western property line, in a location that slopes 10 feet below the building pad grade (see Exhibit 3). At the base of this slope is a low (three-foot-high) retaining wall. The Applicant proposes to place the new chain-link fencing at least three feet away from this retaining wall to not interfere with the retaining wall while still protecting the property from intrusion. From Cypress Street, this fence will appear to be only six feet in height due to the adjacent buildings (La Habra Plating Company and Wolverine Fence Company, Inc) blocking the view of the slope looking east. This fence will be color matched to the accent color of the renovated industrial buildings.  

Exhibit 2: Site Plan

 
Exhibit 3 - Existing Slope with Proposed Fencing Shown (Corresponds to Cross-Section A-A on Exhibit 2 - Site Plan)

Analysis:
As noted above, the subject property is located within the M-1 (Light Manufacturing) Zone, which implements the Light Industrial General Plan land use designation. Chapter 18.38 (M-1 Light Manufacturing Zone) refers to LHMC Sections 18.12.070 (Fences, walls and hedges) and 18.12.080 (Required Walls) of Chapter 18.12 (Special Development Standards) for the development standards for fences, walls and hedges in the M-1 Zone. Section 18.12.070 permits fences and gates to be a maximum height of six feet and Section 18.12.080 requires the construction of a solid masonry wall between properties, if the property owner is improving or constructing a building adjoining a property classified for a higher use, such as residential. As indicated above, the surrounding properties have uses and zoning similar to the subject property, and, therefore, a masonry wall is not required.

The Applicant is proposing to install three eight-foot-high gates, one eight-foot-high fence, and one sixteen-foot-high fence, all of which exceed the maximum height permitted. According to the Applicant, General Sealants, Inc. requires enhanced security fencing and gates because they manufacture highly specialized sealants on-site with proprietary ingredients that are utilized by the U.S. government. According to the Applicant, the government contracts for these specialized sealants require higher fences and enhanced security fencing.

Pursuant to LHMC Section 18.76.010 (Initiation) of Chapter 18.76 (Variances), when practical difficulties, unnecessary hardships or results inconsistent with the general purposes of the Zoning Ordinance occur by reason of a strict interpretation of any of the provisions of the Zoning Ordinance, the Planning Commission may upon its own motion, or upon the verified application of any interested person shall, initiate proceedings for the granting of a variance from the provisions of the Zoning Ordinance under such conditions as may deem necessary to assure that the spirit and purposes of the Zoning Code will be observed, public safety and welfare secured, and substantial justice done. 

Pursuant to LHMC 18.76.030 (Requirements) of Chapter 18.76 (Variances), prior to granting the requested Zone Variance (ZV25-0002), the Planning Commission must make the required findings listed below; following each finding is staff's analysis of the proposed project's ability to meet the required finding.

A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity.

The Applicant has provided evidence of proprietary government contracts and manufacturing processes which require additional screening for enhanced security. Therefore, there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity.

B. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity in which the property is located.

The request seeks to exceed the maximum fencing height of six feet to a height of eight feet in most locations with the exception of 75 linear feet along the western property line where the height is proposed at sixteen feet. At this location, the property line is located at the base of a ten-foot slope which terminates in a low retaining wall. From the top of the grade, the wall is six feet in height. The fencing proposed is part of significant overall site improvements and the request to exceed the maximum fence height of six feet is necessary to provide adequate screening and access controls. The security fencing and gates will be subject to compliance with all Building Code requirements, which will be verified through building plan check and inspection. Therefore, the granting of such a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity in which the property is located.

C. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity.

As outlined in the staff report, the intended use of the property consists of manufacturing highly specialized sealants with proprietary ingredients that are used by the U.S. government. The Applicant has provided evidence that the business operator’s contracts with the government require additional screening for enhanced security. Without the requested increases in fence heights, the property cannot be used for its allowed manufacturing/industrial land use. Therefore, the variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant possessed by other property in the same zone and vicinity.

D. That the granting of such variance will not adversely affect the comprehensive general plan.

The site is designated as Light Industrial (0.8 FAR). There is no change or impact to the General Plan nor the land use objectives identified in the General Plan. Combined with the other site improvements, the project helps to implement the General Plan in providing for high-quality, local job-producing industrial uses. Therefore, the granting of such variance will not adversely affect the comprehensive General Plan.

The Applicant has paid for the processing costs associated with a Zone Variance and CEQA review, which total $6,982.00.

The Applicant's proposal has been reviewed pursuant to the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since no disturbance of soil will occur, the project is exempted by the Water Quality Ordinance from the preparation of a WQMP.

LU 16.1 Diversity of Uses. Provide for a variety of industrial and commercial industrial uses that offer job opportunities for La Habra’s residents and revenues to the City without compromising environmental quality.

The Proposed project is related to the following City Council Goals and Objectives:

Goal 5 -- Development Activity and Business Assistance

Objective C: Work closely with commercial and residential property-owners to improve and maintain the appearance of their properties
 

Objective D: Continue to improve the City's business retention expansion program