| Item No. 1. | |
| MEETING DATE: January 10, 2022 |
|
| TO: | PLANNING COMMISSION |
| FROM: | SUSAN KIM DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT |
| SUBJECT: | DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS 21-01 (SCH # 2021110209), DESIGN REVIEW 21-01, CONDITIONAL USE PERMIT 21-01 AND TENTATIVE TRACT MAP 19143 FOR A 117-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT INCLUDING 12 AFFORDABLE UNITS AT 251-351 WEST IMPERIAL HIGHWAY
|
RECOMMENDATION:
Mitigated Negative Declaration
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA CERTIFYING MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS 21-01 (SCH # 2021110209) FOR A 117-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 251-351 WEST IMPERIAL HIGHWAY SUBJECT TO THE MITIGATION MONITORING AND REPORTING PROGRAM AND THE STATEMENT OF FINDINGS OF FACT HERETO ATTACHED AS EXHIBITS "A" & “B.”
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA CERTIFYING MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS 21-01 (SCH # 2021110209) FOR A 117-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 251-351 WEST IMPERIAL HIGHWAY SUBJECT TO THE MITIGATION MONITORING AND REPORTING PROGRAM AND THE STATEMENT OF FINDINGS OF FACT HERETO ATTACHED AS EXHIBITS "A" & “B.”
Design Review
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING DESIGN REVIEW 21-01 FOR A 117-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 251-351 WEST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
Conditional Use Permit
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 21-01 TO PERMIT AFFORDABLE HOUSING INCENTIVES IN ASSOCIATION WITH A 117-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 251-351 WEST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
Tentative Tract Map
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING TENTATIVE TRACT MAP 19143 FOR A 117-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 251-351 WEST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
DISCUSSION:
PROJECT DESCRIPTION
The Applicant is proposing to construct a 117-unit multi-family residential project with twelve units (10%) restricted to moderate-income families (the "project"). The project site is west of the intersection of Imperial Highway and Euclid Street (see Vicinity Map, Attachment 1). The General Plan land use designation for the project site is Residential Multi-Family 1, which allows for Residential Development. The project site is within the R-4 Multiple-Family Dwelling Zone, which implements the project site's General Plan land use designation. Since the project will contain twelve units restricted to moderate-income families, the proposed project may take advantage of the development standards, incentives and concessions found in Chapter 18.80 (Affordable Housing Incentives) of the La Habra Municipal Code (LHMC) and California Government Code Sections 65915-65918 (State Density Bonus Law). The proposed project is not subject to the City's Inclusionary Housing Ordinance because said ordinance went into effect on July 1, 2021, and the project application was submitted on March 11, 2021, prior to the effective date of the ordinance. If the project had been subject to said ordinance, the ordinance would require the applicant to provide 15% of the proposed units (18 units) as restricted to moderate-income families.
The Applicant is proposing to construct a 117-unit multi-family residential project with twelve units (10%) restricted to moderate-income families (the "project"). The project site is west of the intersection of Imperial Highway and Euclid Street (see Vicinity Map, Attachment 1). The General Plan land use designation for the project site is Residential Multi-Family 1, which allows for Residential Development. The project site is within the R-4 Multiple-Family Dwelling Zone, which implements the project site's General Plan land use designation. Since the project will contain twelve units restricted to moderate-income families, the proposed project may take advantage of the development standards, incentives and concessions found in Chapter 18.80 (Affordable Housing Incentives) of the La Habra Municipal Code (LHMC) and California Government Code Sections 65915-65918 (State Density Bonus Law). The proposed project is not subject to the City's Inclusionary Housing Ordinance because said ordinance went into effect on July 1, 2021, and the project application was submitted on March 11, 2021, prior to the effective date of the ordinance. If the project had been subject to said ordinance, the ordinance would require the applicant to provide 15% of the proposed units (18 units) as restricted to moderate-income families.
The 5.58 acre project site consists of two parcels with a combined street frontage of 607.85 feet along Imperial Highway. The project site is currently improved with six commercial buildings, with a total gross floor area of 61,068 square feet. The occupants of the project site include the Pomona Box Company, the Eric Wills Gymnasium, and Mac Auto. The project will demolish the existing commercial buildings to construct the new project. Surrounding land uses include single-family residences to the north, Pep Boys auto parts store and Walgreens pharmacy to the east, Imperial Highway and the Imperial storm drain channel to the south, and a light industrial complex to the west.
The proposed density for the subject 5.58-acre project site is 21 units to the acre for a total of 117 units. The proposed design of the project site meets the applicable requirements of the LHMC and State Density Bonus Law. The density is below the maximum density allowed under the Residential Multi-Family 2 land use designation (15-24 units to the acre); and therefore, is physically suitable for the site. The 117 new residential units will be distributed within 21 buildings. Seven of the proposed buildings will be two-stories and fourteen will be three-stories. The residential units will vary in size from 1,103 square feet to 1,803 square feet.
.png)
The gated entry will connect to the interior drive aisles (private roadways), which are generally laid out in a "Figure 8" pattern, with cul-de-sacs branching off the drive aisles that lead to Buildings 1 through 6. The site circulation is designed as an enclosed loop with adequate turning movements. The internal private roadways will consist of two-way lanes with a minimum width of 26 feet. A total of 23 open parking spaces and two accessible parking stalls are provided within the development.
Pedestrian access is available via walkways that abut both sides of the vehicle entryway from Imperial Highway. A secondary pedestrian access is proposed at the southeast corner of the project, which is through a gate that leads to the public sidewalk along Imperial Highway and is immediately adjacent to the Pep Boys auto parts store. Bicycle racks will be placed in the common area that is north of the main vehicle entrance and in-between Buildings 11 and 12.
The site will be developed with 21 buildings, arranged in clusters, thereby maximizing the internal driveways. The buildings visible from the public right-of-way are arranged to appear to face the front of the development, thereby engaging the street. For instance, the six buildings along Imperial Highway are oriented so that the front doors of the end units face toward the street (Buildings 1 through 6).
.png)
.png)
The proposed density for the subject 5.58-acre project site is 21 units to the acre for a total of 117 units. The proposed design of the project site meets the applicable requirements of the LHMC and State Density Bonus Law. The density is below the maximum density allowed under the Residential Multi-Family 2 land use designation (15-24 units to the acre); and therefore, is physically suitable for the site. The 117 new residential units will be distributed within 21 buildings. Seven of the proposed buildings will be two-stories and fourteen will be three-stories. The residential units will vary in size from 1,103 square feet to 1,803 square feet.
The proposed design of the project will be very similar to the 50-unit project that the Applicant built two yeares ago at 1801 West La Habra Boulevard. The project site will be completely enclosed with a masonry wall that will provide both security and sound attenuation from street traffic noise. The six-foot tall masonry wall will be placed within the front setback; the height of the wall and its placement within the setback area is a concession that the La Habra Municipal Code (LHMC) permits, per the Affordable Housing Incentives found within subsection 18.80.050.I of Chapter 18.80 (Affordable Housing Incentives) of the LHMC. If the proposed project did not include affordable housing, the LMHC would not permit the six-foot wall to be located within the setback area without the approval of a Zone Variance.
Vehicles will enter the project site via a gated driveway from Imperial Highway. Any other existing drive approach will be closed. Although the project site currently has vehicular access to and from Euclid Street via a driveway located east of the northeast corner of the property, the proposed project will not have access to this driveway. All vehicular access will be limited to the driveway from Imperial Highway.
The gated entry will connect to the interior drive aisles (private roadways), which are generally laid out in a "Figure 8" pattern, with cul-de-sacs branching off the drive aisles that lead to Buildings 1 through 6. The site circulation is designed as an enclosed loop with adequate turning movements. The internal private roadways will consist of two-way lanes with a minimum width of 26 feet. A total of 23 open parking spaces and two accessible parking stalls are provided within the development.
Pedestrian access is available via walkways that abut both sides of the vehicle entryway from Imperial Highway. A secondary pedestrian access is proposed at the southeast corner of the project, which is through a gate that leads to the public sidewalk along Imperial Highway and is immediately adjacent to the Pep Boys auto parts store. Bicycle racks will be placed in the common area that is north of the main vehicle entrance and in-between Buildings 11 and 12.
The site will be developed with 21 buildings, arranged in clusters, thereby maximizing the internal driveways. The buildings visible from the public right-of-way are arranged to appear to face the front of the development, thereby engaging the street. For instance, the six buildings along Imperial Highway are oriented so that the front doors of the end units face toward the street (Buildings 1 through 6).
The six buildings within the interior of the site (Buildings 7 to 12) will be adjacent to courtyards whereby the majority of the units front onto those courtyards which contain common-use amenities. The building along the east property line (Building 13) will have the majority of the front doors facing east, towards a common use walkway and away from the driveway.
The eight buildings along the north property line have been designed as mostly two-story buildings to respect, and not loom over, the single-family properties to the north (see cross-section - below). These units will have the majority of the front doors facing away from the driveway, however, seven front doors will face the driveway (Buildings 14- through 21).
The proposed development incorporates a variety of floor plans that are designed and marketed to multiple groups of perspective buyers with different lifestyles. There are ten different floor plans ranging in size from 1,103 square feet to 1,803 square feet. Forty of the units will be two-bedroom units, 66 will be three-bedroom units, and 11 will be four-bedroom units. All units have two-car garages that are either side-by-side spaces or arranged tandem style, as permitted for Affordable Housing pursuant to LHMC subsection 18.80.070.E (Allowed Parking Types). Additionally, all units will have a small storage area or niche to store trash bins at ground level in the garage and a service area for the placement of a washer and dryer on an upper level.
The architectural design of the project incorporates Early California Mission/Spanish style. The elevations employ various treatments including eaves, balconies, exposed rafter tails, wrought iron accents, metal pot shelves, enhanced window treatments, awnings, and plaster banding. Wall treatments include earth tone stucco finish, adobe brick veneer, decorative cornices, and decorative exterior light fixtures. The roofing materials will consist of concrete tile that emulate wood shake roofing.
The open space and private space requirements for the project are in compliance with LHMC Section 18.26.040 (Standards of Development). A total of 30,856 square feet of land area will be devoted to open space, which includes landscaping along the site’s perimeter, common areas, and private yard areas. The common open space includes six courtyards with a total of approximately 17,933 square feet. The common open space will be outfitted with picnic benches, barbecues, gazebos, fire pits, and open lawn areas. The private yards (balconies/patios) will total approximately 12,923 square feet.
A small sloped area, located in the northwest corner of the project site, is covered over in concrete. The owner of the adjoining single-family residential property covered his slope in concrete to reduce erosion, however, placed some of this concrete on the subject property. Per the Initial Study and Draft Mitigated Negative Declaration (IS/MND), no issues were discovered in relation to this area. However, to fully ensure that no issues exist, a Mitigation Measure has been placed in the Mitigation and Monitoring Reporting Program (MMRP) that requires a geologist or soils engineer to conduct further review of this location and make an assessment prior to issuance of building permits. Depending on this assessment, further mitigation may be required. A condition of approval has been placed on the project that requires that developer to remove the concrete and install landscaping and any additional mitigation that may be required.
Public art elements will be placed along the southern perimeter wall facing Imperial Highway, within insets that will feature three metal panels with laser-cut designs (see below). The designs on these panels plays on the name of the project, "Vista Walk," which emulate the skyline of the adjacent hills and mountains. The three panels depict different phases of nighttime: moon rise, starry sky, and sunrise. The different elements such as the stars and moon will be back-lit whereby they will be visible at night, however, not too brightly lit where they would create a distraction for drivers. Per a condition of approval, the value of the art work shall equal one percent of the cost to construct the project.
.png)
CODE COMPLIANCE
**Pursuant to Sections 18.80.070 (Parking Standards) of Chapter 18.80 (Affordable Housing Incentives) of the LHMC, the maximum parking requirements for Affordable Housing are less than the number of spaces required by the LHMC Chapter 18.14 (Off-Street Parking Requirements) for projects without Affordable Housing. The 259 spaces proposed for the project will exceed the minimum amount of parking per the Affordable Housing standards; however, if the project were subject to LHMC Chapter 18.14 (Off-Street Parking Requirements) the project would be required to provide 401 parking spaces. In addition, the project includes tandem parking spaces, which are permitted pursuant to LHMC subsection 18.80.070.E (Allowed Parking Types) of Chapter 18.80 (Affordable Housing Incentives).
The open space and private space requirements for the project are in compliance with LHMC Section 18.26.040 (Standards of Development). A total of 30,856 square feet of land area will be devoted to open space, which includes landscaping along the site’s perimeter, common areas, and private yard areas. The common open space includes six courtyards with a total of approximately 17,933 square feet. The common open space will be outfitted with picnic benches, barbecues, gazebos, fire pits, and open lawn areas. The private yards (balconies/patios) will total approximately 12,923 square feet.
A small sloped area, located in the northwest corner of the project site, is covered over in concrete. The owner of the adjoining single-family residential property covered his slope in concrete to reduce erosion, however, placed some of this concrete on the subject property. Per the Initial Study and Draft Mitigated Negative Declaration (IS/MND), no issues were discovered in relation to this area. However, to fully ensure that no issues exist, a Mitigation Measure has been placed in the Mitigation and Monitoring Reporting Program (MMRP) that requires a geologist or soils engineer to conduct further review of this location and make an assessment prior to issuance of building permits. Depending on this assessment, further mitigation may be required. A condition of approval has been placed on the project that requires that developer to remove the concrete and install landscaping and any additional mitigation that may be required.
Public art elements will be placed along the southern perimeter wall facing Imperial Highway, within insets that will feature three metal panels with laser-cut designs (see below). The designs on these panels plays on the name of the project, "Vista Walk," which emulate the skyline of the adjacent hills and mountains. The three panels depict different phases of nighttime: moon rise, starry sky, and sunrise. The different elements such as the stars and moon will be back-lit whereby they will be visible at night, however, not too brightly lit where they would create a distraction for drivers. Per a condition of approval, the value of the art work shall equal one percent of the cost to construct the project.
CODE COMPLIANCE
| Code Standard | Code Requirement | Proposed |
|---|---|---|
| Allowed Density | 15-24 du/ac | 21 du/ac |
| Front Setback (Floors 1 & 2) | 15 feet | 15 feet* |
| Front Setback (Floor 3) | 15 feet | 15 feet |
| Side Setback (Floors 1 & 2) | 5 feet | 17 feet |
| Side Setback (Floor 3) | 10 feet | 17 feet |
| Rear Setback (Floors 1 & 2) | 10 feet | 15 feet |
| Rear Setback (Floor 3) | 15 feet | 15 feet |
| Lot Coverage | 40% | 40% |
| Building Height | 35 feet | 35 feet |
| Total Yard Area - 250 SF/du | 29,250 SF | 30,856 SF |
| Units with Private Yard Area | 30% (36 units) | 39% (46 units) |
| Required Parking | 240** | 259 |
*Pursuant to subsection 18.80.060 (Concessions or Incentives) of Chapter 18.80 (Affordable Housing Incentives) of the LHMC, one concession or incentive is permitted when 10% of the units are reserved for moderate income individuals or families, as per the “Affordable Housing Incentives” section. In this case, a 6-foot tall wall is placed within the front setback area.
**Pursuant to Sections 18.80.070 (Parking Standards) of Chapter 18.80 (Affordable Housing Incentives) of the LHMC, the maximum parking requirements for Affordable Housing are less than the number of spaces required by the LHMC Chapter 18.14 (Off-Street Parking Requirements) for projects without Affordable Housing. The 259 spaces proposed for the project will exceed the minimum amount of parking per the Affordable Housing standards; however, if the project were subject to LHMC Chapter 18.14 (Off-Street Parking Requirements) the project would be required to provide 401 parking spaces. In addition, the project includes tandem parking spaces, which are permitted pursuant to LHMC subsection 18.80.070.E (Allowed Parking Types) of Chapter 18.80 (Affordable Housing Incentives).
ANALYSIS:
DESIGN REVIEW 21-01
Pursuant to LHMC subsection 18.26.050.E (Design Review) of Section 18.26.050 (Special Development Standards) of Chapter 18.26 (R-2, R-3, R-4, R-5, R-6 and R-7 Multiple-Family Dwelling Zones), the proposed project is subject to the requirements and procedures of Chapter 18.68 (Design Review). Chapter 18.68 (Design Review) was established in order to ensure that site design, buildings, structures, signs, and landscaping will be in harmony with other structures and improvements in the vicinity of the proposed development are consistent with the general plan and the zoning. Furthermore, before any building or structure which requires design review is erected on any lot, design plans shall be submitted to and approved by the Planning Commission. The proposed project complies with all applicable development standards, including the parking standards of Section 18.80.070 (Parking Standards) of Chapter 18.80 (Affordable Housing), except for the placement of the six-foot tall masonry wall within the front setback, which is permitted as a concession per Section 18.80.060 (Concessions or Incentives) of Chapter 18.80 (Affordable Housing Incentives).
To approve the Design Review for the proposed project, the Planning Commission must be able to make the findings below pursuant to LHMC Section 18.68.050 (Findings). Each finding is followed by Staff's recommended justification to make the subject finding.
1. The proposed plan is consistent with the City's General Plan.
The project implements policies LU 1.1 Redirect Growth, LU 1.2 Development Capacity, LU 2.1 Places to Live, LU 3.5 Complete and Livable Neighborhoods, LU 4.1 Development Compatibility, LU 5.2 Sustainable Building Practices, LU 5.3 Sustainable Sites and Land Development, LU 7.2 New Residential Development, LU 7.8 Safety, LU 9.1 Character and Design, H 1.4 Variety of Housing, H 1.5 Market and Non-Market Housing Production Needs, H 2.10 Preservation of Affordable Housing, H 3.4 Special Needs Households, CI 2.2 Building Scale and Design, CI 2.3 Responsiveness to context, and OS 1.5 Open Space Provisions of the La Habra General Plan 2035.
2. The proposed plan is consistent with the City's Zoning Ordinance.
The subject site is within the R-4 Multiple Family Dwelling Zone. Pursuant to LHMC Section 18.26.050.E (Design Review), Design Review is required for all new construction in the R-4 Zone. The project entails the construction of 117 residential units, which are designed consistent with all applicable development standards of the R-4 Zone, found in LHMC Section 18.26.040 (Standards of Development), and the parking standards of Section 18.80.070 (Parking Standards) of Chapter 18.80 (Affordable Housing), except for the placement of the six-foot tall masonry wall within the front setback, which is permitted as a concession per Section 18.80.060 (Concessions or Incentives) of Chapter 18.80 (Affordable Housing Incentives).
3. The proposed plan is in the best interest of the public health, safety, and welfare of the community.
The development standards in the R-4 Zone, found in LHMC Section 18.26.040 (Standards of Development), were established in order to ensure that buildings, structures, and landscape improvements are in harmony with other structures and improvements, both on the site and in the vicinity of the proposed project. The project achieves this objective since the eight buildings along the north property line have been designed as mostly two-story buildings to respect the adjacent development and not loom over the single-family properties to the north. Conditions of approval have been placed on the project to ensure that the public health, safety, and welfare are maintained; such conditions include conforming to all relevant fire, building, and safety codes. Therefore, the proposed plan is in the best interest of the public and the community.
4. The nature of the proposed land use and the design is appropriate for the proposed location and is compatible to the surrounding land uses and improvements.
The subject site is surrounded with a mix of commercial, light industrial, and residential development and has a land use designation of Residential Multi-Family 1. The scale and design of the project are compatible with the surrounding uses, which include a Pep Boys store, a Walgreens, a light industrial business complex, and single-family residences.
5. The project complies with all requirements of the California Environmental Quality Act.
A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration of Environmental Impacts was circulated for public review and comment on November 12, 2021 for a 30-day review period ending on December 13, 2021, pursuant to Section 15072 of the California Environmental Quality Act (CEQA) Guidelines. An Initial Study, resulting in a Mitigated Negative Declaration of Environmental Impacts (MND 21-01), was prepared for this project pursuant to Sections 15070 to 15075 of the CEQA Guidelines. Potential impacts identified were Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Tribal Cultural Resources, and Mandatory Findings of Significance. Mitigation Measures have been identified and are included in the Mitigation Monitoring Program to minimize these impacts to a level of Less than a Significant Impact. Implementation of the Mitigation Monitoring Program is a condition of approval of the proposed project.
In April 2021, the City Council adopted an Inclusionary Housing Ordinance, which requires a development with over ten units to provide 15% of those units as affordable units; said ordinance went into effect on July 1, 2021. Since the project application was submitted on March 11, 2021, prior to the effective date of the Inclusionary Housing Ordinance, the project is not subject to the 15% affordable unit requirement. If the project had been subject to said ordinance, the ordinance would require the applicant to provide 15% of the proposed units (18 units) as restricted to moderate-income families. While the project won't have to meet the City's Inclusionary Housing requirement, the project will contribute to the City's Sixth Cycle Regional Housing Needs Assessment (RHNA) allocation. The project will provide 12 moderate income level units and 105 above-moderate income level units. The City's Sixth Cycle RHNA allocation is 803 units, which further breaks down to 367 above-moderate income level, 130 moderate income level, 116 low income level, and 191 very low income level.
To approve the Conditional Use Permit for the proposed project, the Planning Commission must be able to make the findings below pursuant to LHMC Section 18.66.070 (Planning Commission Action). Each finding is followed by Staff's recommended justification to make the subject finding.
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 or enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The project involves the construction of a residential condominium complex along Imperial Highway where other multiple family condominiums and apartments are developed. The proposed residential use is permitted within the multi-family zone and as designed, complies with the development standards of the R-4 Zone; and, the standards, concessions and incentives permitted by LHMC Chapter 18.80 (Affordable Housing Incentives) and State Density Bonus Law. Thus, the Conditional Use Permit will not impair the character of the zone. The incorporation of affordable housing is consistent with the Goals and Policies of the Housing Element of the City's General Plan. Therefore, the granting of the Conditional Use Permit will not be detrimental to the public welfare.
2. The subject site is physically suitable for the type of land use being proposed.
The subject property is within the R-4 Zone, which allows a diverse range of housing types. The project involves combining two lots totaling 5.58 acres, thus, providing sufficient area suitable for the development of the condominium complex. The project meets all applicable development standards of the R-4 Zone, except for the requested concession, which is the placement of a six-foot tall wall within the front setback, and reduced parking ratio, as permitted by LHMC Chapter 18.80 (Affordable Housing Incentives). In addition, the proposed project exceeds the parking requirements of LHMC Chapter 18.80 (Affordable Housing Incentives).
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
Table 18.06.040.A (Land Use Matrix) of the LHMC allows multiple family dwellings, apartment houses, group dwellings, condominiums and cluster housing by right within the R-4 Zone.
4. The granting of this Conditional Use Permit is consistent with the comprehensive general plan.
The Community Development Element of the City’s General Plan designates this site as Residential Multi-Family 1. The General Plan specifically notes that this land use is characterized by apartment and condominium/townhouse units that house multiple dwelling units, provide for common recreational open space area, and may consist of two to three-story buildings. In addition, the Housing Element has goals and policies intended to facilitate the development of housing at all levels of affordability. Furthermore, the project implements policies LU 1.1 Redirect Growth, LU 1.2 Development Capacity, LU 2.1 Places to Live, LU 3.5 Complete and Livable Neighborhoods, LU 4.1 Development Compatibility, LU 5.2 Sustainable Building Practices, LU 5.3 Sustainable Sites and Land Development, LU 7.2 New Residential Development, LU 7.8 Safety, LU 9.1 Character and Design, H 1.4 Variety of Housing, H 1.5 Market and Non-Market Housing Production Needs, H 2.10 Preservation of Affordable Housing, H 3.4 Special Needs Households, CI 2.2 Building Scale and Design, CI 2.3 Responsiveness to context, and OS 1.5 Open Space Provisions of the La Habra General Plan 2035. Therefore, the Conditional Use Permit is consistent with the General Plan.
As shown above, the applicant meets the requirements contained within Chapter 18.80 of the LHMC and for approval of a Conditional Use Permit. Therefore, staff recommends approval of Conditional Use Permit 21-01.
Pursuant to LHMC subsection 18.26.050.E (Design Review) of Section 18.26.050 (Special Development Standards) of Chapter 18.26 (R-2, R-3, R-4, R-5, R-6 and R-7 Multiple-Family Dwelling Zones), the proposed project is subject to the requirements and procedures of Chapter 18.68 (Design Review). Chapter 18.68 (Design Review) was established in order to ensure that site design, buildings, structures, signs, and landscaping will be in harmony with other structures and improvements in the vicinity of the proposed development are consistent with the general plan and the zoning. Furthermore, before any building or structure which requires design review is erected on any lot, design plans shall be submitted to and approved by the Planning Commission. The proposed project complies with all applicable development standards, including the parking standards of Section 18.80.070 (Parking Standards) of Chapter 18.80 (Affordable Housing), except for the placement of the six-foot tall masonry wall within the front setback, which is permitted as a concession per Section 18.80.060 (Concessions or Incentives) of Chapter 18.80 (Affordable Housing Incentives).
To approve the Design Review for the proposed project, the Planning Commission must be able to make the findings below pursuant to LHMC Section 18.68.050 (Findings). Each finding is followed by Staff's recommended justification to make the subject finding.
1. The proposed plan is consistent with the City's General Plan.
The project implements policies LU 1.1 Redirect Growth, LU 1.2 Development Capacity, LU 2.1 Places to Live, LU 3.5 Complete and Livable Neighborhoods, LU 4.1 Development Compatibility, LU 5.2 Sustainable Building Practices, LU 5.3 Sustainable Sites and Land Development, LU 7.2 New Residential Development, LU 7.8 Safety, LU 9.1 Character and Design, H 1.4 Variety of Housing, H 1.5 Market and Non-Market Housing Production Needs, H 2.10 Preservation of Affordable Housing, H 3.4 Special Needs Households, CI 2.2 Building Scale and Design, CI 2.3 Responsiveness to context, and OS 1.5 Open Space Provisions of the La Habra General Plan 2035.
2. The proposed plan is consistent with the City's Zoning Ordinance.
The subject site is within the R-4 Multiple Family Dwelling Zone. Pursuant to LHMC Section 18.26.050.E (Design Review), Design Review is required for all new construction in the R-4 Zone. The project entails the construction of 117 residential units, which are designed consistent with all applicable development standards of the R-4 Zone, found in LHMC Section 18.26.040 (Standards of Development), and the parking standards of Section 18.80.070 (Parking Standards) of Chapter 18.80 (Affordable Housing), except for the placement of the six-foot tall masonry wall within the front setback, which is permitted as a concession per Section 18.80.060 (Concessions or Incentives) of Chapter 18.80 (Affordable Housing Incentives).
3. The proposed plan is in the best interest of the public health, safety, and welfare of the community.
The development standards in the R-4 Zone, found in LHMC Section 18.26.040 (Standards of Development), were established in order to ensure that buildings, structures, and landscape improvements are in harmony with other structures and improvements, both on the site and in the vicinity of the proposed project. The project achieves this objective since the eight buildings along the north property line have been designed as mostly two-story buildings to respect the adjacent development and not loom over the single-family properties to the north. Conditions of approval have been placed on the project to ensure that the public health, safety, and welfare are maintained; such conditions include conforming to all relevant fire, building, and safety codes. Therefore, the proposed plan is in the best interest of the public and the community.
4. The nature of the proposed land use and the design is appropriate for the proposed location and is compatible to the surrounding land uses and improvements.
The subject site is surrounded with a mix of commercial, light industrial, and residential development and has a land use designation of Residential Multi-Family 1. The scale and design of the project are compatible with the surrounding uses, which include a Pep Boys store, a Walgreens, a light industrial business complex, and single-family residences.
5. The project complies with all requirements of the California Environmental Quality Act.
A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration of Environmental Impacts was circulated for public review and comment on November 12, 2021 for a 30-day review period ending on December 13, 2021, pursuant to Section 15072 of the California Environmental Quality Act (CEQA) Guidelines. An Initial Study, resulting in a Mitigated Negative Declaration of Environmental Impacts (MND 21-01), was prepared for this project pursuant to Sections 15070 to 15075 of the CEQA Guidelines. Potential impacts identified were Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Tribal Cultural Resources, and Mandatory Findings of Significance. Mitigation Measures have been identified and are included in the Mitigation Monitoring Program to minimize these impacts to a level of Less than a Significant Impact. Implementation of the Mitigation Monitoring Program is a condition of approval of the proposed project.
CONDITIONAL USE PERMIT 21-01
The proposed project incorporates an affordable housing component and is therefore eligible to utilize development standard concessions as permitted in LHMC Section 18.80.060 (Concession or Incentives) of Chapter 18.80 (Affordable Housing Incentives) and State Density Bonus Law. More specifically, the applicant has proposed that twelve units (10%) be restricted to moderate income buyers. The developer has identified the proposed units, which are spread throughout the development. LHMC Chapter 18.80 (Affordable Housing Incentives) is consistent with State Density Bonus Law (California Government Code Sections 65915-65918), whereby developers are granted concessions or permitted deviations from development standards. The amount of concessions is based on the amount of units that are restricted to very low, low, or moderate income families. In this case, the restriction of 10% of the units at the moderate income level grants the applicant one concession. The applicant's request to place a six-foot tall wall within the front setback area is a proposed concession for this project. It should be noted that reduced parking standards, as well as tandem parking spaces are granted by right, per LHMC Section 18.80.070 (Parking Standards) and State Density Bonus Law, and are not considered a concession.
The proposed project incorporates an affordable housing component and is therefore eligible to utilize development standard concessions as permitted in LHMC Section 18.80.060 (Concession or Incentives) of Chapter 18.80 (Affordable Housing Incentives) and State Density Bonus Law. More specifically, the applicant has proposed that twelve units (10%) be restricted to moderate income buyers. The developer has identified the proposed units, which are spread throughout the development. LHMC Chapter 18.80 (Affordable Housing Incentives) is consistent with State Density Bonus Law (California Government Code Sections 65915-65918), whereby developers are granted concessions or permitted deviations from development standards. The amount of concessions is based on the amount of units that are restricted to very low, low, or moderate income families. In this case, the restriction of 10% of the units at the moderate income level grants the applicant one concession. The applicant's request to place a six-foot tall wall within the front setback area is a proposed concession for this project. It should be noted that reduced parking standards, as well as tandem parking spaces are granted by right, per LHMC Section 18.80.070 (Parking Standards) and State Density Bonus Law, and are not considered a concession.
In April 2021, the City Council adopted an Inclusionary Housing Ordinance, which requires a development with over ten units to provide 15% of those units as affordable units; said ordinance went into effect on July 1, 2021. Since the project application was submitted on March 11, 2021, prior to the effective date of the Inclusionary Housing Ordinance, the project is not subject to the 15% affordable unit requirement. If the project had been subject to said ordinance, the ordinance would require the applicant to provide 15% of the proposed units (18 units) as restricted to moderate-income families. While the project won't have to meet the City's Inclusionary Housing requirement, the project will contribute to the City's Sixth Cycle Regional Housing Needs Assessment (RHNA) allocation. The project will provide 12 moderate income level units and 105 above-moderate income level units. The City's Sixth Cycle RHNA allocation is 803 units, which further breaks down to 367 above-moderate income level, 130 moderate income level, 116 low income level, and 191 very low income level.
To approve the Conditional Use Permit for the proposed project, the Planning Commission must be able to make the findings below pursuant to LHMC Section 18.66.070 (Planning Commission Action). Each finding is followed by Staff's recommended justification to make the subject finding.
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 or enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
The project involves the construction of a residential condominium complex along Imperial Highway where other multiple family condominiums and apartments are developed. The proposed residential use is permitted within the multi-family zone and as designed, complies with the development standards of the R-4 Zone; and, the standards, concessions and incentives permitted by LHMC Chapter 18.80 (Affordable Housing Incentives) and State Density Bonus Law. Thus, the Conditional Use Permit will not impair the character of the zone. The incorporation of affordable housing is consistent with the Goals and Policies of the Housing Element of the City's General Plan. Therefore, the granting of the Conditional Use Permit will not be detrimental to the public welfare.
2. The subject site is physically suitable for the type of land use being proposed.
The subject property is within the R-4 Zone, which allows a diverse range of housing types. The project involves combining two lots totaling 5.58 acres, thus, providing sufficient area suitable for the development of the condominium complex. The project meets all applicable development standards of the R-4 Zone, except for the requested concession, which is the placement of a six-foot tall wall within the front setback, and reduced parking ratio, as permitted by LHMC Chapter 18.80 (Affordable Housing Incentives). In addition, the proposed project exceeds the parking requirements of LHMC Chapter 18.80 (Affordable Housing Incentives).
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
Table 18.06.040.A (Land Use Matrix) of the LHMC allows multiple family dwellings, apartment houses, group dwellings, condominiums and cluster housing by right within the R-4 Zone.
4. The granting of this Conditional Use Permit is consistent with the comprehensive general plan.
The Community Development Element of the City’s General Plan designates this site as Residential Multi-Family 1. The General Plan specifically notes that this land use is characterized by apartment and condominium/townhouse units that house multiple dwelling units, provide for common recreational open space area, and may consist of two to three-story buildings. In addition, the Housing Element has goals and policies intended to facilitate the development of housing at all levels of affordability. Furthermore, the project implements policies LU 1.1 Redirect Growth, LU 1.2 Development Capacity, LU 2.1 Places to Live, LU 3.5 Complete and Livable Neighborhoods, LU 4.1 Development Compatibility, LU 5.2 Sustainable Building Practices, LU 5.3 Sustainable Sites and Land Development, LU 7.2 New Residential Development, LU 7.8 Safety, LU 9.1 Character and Design, H 1.4 Variety of Housing, H 1.5 Market and Non-Market Housing Production Needs, H 2.10 Preservation of Affordable Housing, H 3.4 Special Needs Households, CI 2.2 Building Scale and Design, CI 2.3 Responsiveness to context, and OS 1.5 Open Space Provisions of the La Habra General Plan 2035. Therefore, the Conditional Use Permit is consistent with the General Plan.
As shown above, the applicant meets the requirements contained within Chapter 18.80 of the LHMC and for approval of a Conditional Use Permit. Therefore, staff recommends approval of Conditional Use Permit 21-01.
TENTATIVE TRACT MAP 19143
Pursuant to LHMC Section 17.08.110 (Public Hearing) of Chapter 17.08 (Subdivision Maps) of Title 17 (Subdivisions), the Planning Commission must hold a public hearing for review of all Tentative Maps. When considering Tentative Maps, the Commission reviews the proposal for consistency with the La Habra General Plan, the requirements of the La Habra Subdivision Ordinance, and the Subdivision Map Act. Additionally, the Planning Commission makes a determination that the project is physically suitable for the site and designed in a manner that will not cause any detriment to the public welfare. While no specific findings are called out in the LHMC, the below findings support the approval of the Tentative Map. Each finding is followed by Staff's recommended justification to make the subject finding.
1. The proposed subdivision and the provisions for its design and improvements are consistent with the provisions of the La Habra General Plan.
The General Plan establishes goals and policies for the development of various projects in the City based on the particular land use designation. These goals are implemented through the creation of development standards in supporting documents such as Title 18 (Zoning) of the LHMC, or through specific plans. In this case, the General Plan land use designation is Residential Multi-Family 1.
The applicant has proposed to develop 117 dwelling units, 12 of which will be restricted to moderate-income level families. The proposed Tentative Map is consistent with the subject property's current zoning designation within the R-4 Multiple Family Dwelling Zone and with the General Plan, as noted above. The project has been designed to comply with the development standards of the R-4 Zone and the standards, concessions and incentives permitted by LHMC Chapter 18.80 (Affordable Housing Incentives). The approval of the Tentative Map will not create any public detriment and promotes the public welfare by providing 12 units restricted to moderate-income families.
2. The Tentative Tract Map meets the requirements of the La Habra Subdivision Ordinance and Subdivision Map Act.
The City Engineer has reviewed the proposed map in relation to the provisions of the La Habra Subdivision Ordinance and the Subdivision Map Act and found the map to be in conformance with these regulations.
3. The site is physically suitable for the proposed density.
The subject site is 5.58 acres in size and the proposed development will create 117 dwelling units for a density of 21 units to the acre (including private roads, common areas, and amenities). This density is below the maximum of 24 units to the acre allowed under the Residential Multi-Family 1 land use designation.
4. The design of the proposed subdivision is not likely to cause substantial damage or avoidable injury to wildlife and their habitat.
The project is an infill development in an urbanized area and the site was fully developed and formerly utilized as a box manufacturer, auto sales lot, and gymnasium. As a part of the Initial Study for the certification of a Mitigated Negative Declaration of Environmental Impact (MND 21-01), it was determined that the subject property contains no endangered plant or animal species. Therefore, the design of the proposed subdivision will not cause substantial damage or avoidable injury to wildlife and their habitat.
5. The design is not likely to cause substantial health problems.
The project provides sufficient access for public safety services, such as Fire and Police. Additionally, the development will be serviced by sanitary sewers and storm drains. Since permits and inspections are required for the construction of all the proposed infrastructure improvements, no health or safety issues are anticipated.
6. The design will not conflict with any easements for access through or use of the property within the proposed subdivision.
Access to the project is provided from Imperial Highway. Covenants, Conditions, and Restrictions (CC&Rs) will be created as part of this map that will assure each property owner with rights to access the site through the use of the private driveways.
For this specific request, the Tentative Tract Map will remove an interior lot line and subdivide the resulting parcel for condominium purposes. The City Engineer has reviewed the proposed map in relation to the provisions of the La Habra Subdivision Ordinance and the Subdivision Map Act and determined the map to be in conformance with these regulations. It is recommended that the Planning Commission approve Tentative Tract Map 19143.
FISCAL IMPACT/SOURCE
The applicant paid the application fees for staff processing time and required notifications totaling approximately $28,000.00.
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 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 approved, and a mitigation measure has been included within the MMRP requiring a Final WQMP prior to construction. All work undertaken will be required to incorporate Best Management Practices (BMPs) as required by the WQMP.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
MITIGATED NEGATIVE DECLARATION (SCH NO. 2021110209)
The City prepared an Initial Study for the proposed project pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines and in accordance with the City's Guidelines for implementing CEQA. The Initial Study prepared for the project assessed the potential environmental impacts of the proposal to construct and operate a residential community consisting of 117 single-family residential units (for sale). The Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment.
The Initial Study identified the following potential impacts: Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Tribal Cultural Resources, and Mandatory Findings of Significance. Each of the aforementioned items identified in the Initial Study that would result from the proposed development plan are further described, as follows, with appropriate mitigation measures designed to bring each impact to a level of Less than Significant:
Cultural Resources & Tribal Cultural Resources
The subject property has no known cultural sites or artifacts, however, during demolition and grading activities, these may be uncovered. The applicant will be required to employ an archeologist and Native American specialist to monitor the site to ensure that any items uncovered are identified and protected, as necessary.
Hazards and Hazardous Materials
The site had been used for manufacturing since the late 1950s and various chemicals and fuel were regularly used as part of normal operations. The site will be required to be cleaned prior to construction, to the satisfaction of the Department of Toxic Substances Control.
Hydrology/Water Quality
A Preliminary Water Quality Management Plan has been prepared and approved by the City's consultants. A Final Water Quality Management Plan will be required prior to commencement of grading and construction activities.
Noise
The project site abuts Imperial Highway, which is a six-lane highway with traffic counts exceeding 42,900 vehicle trips per day. Noise created from this traffic has been identified as a major impact on the residential development that will require mitigation. Mitigation measures include the construction of a masonry sound wall along the project frontage, use of dual pane windows, installation of solid front doors, and use of R90 or higher rated insulation.
Mandatory Findings of Significance
The Mandatory Findings of Significance are a list of three items that are summarized as follows: 1) Does the project potentially have the ability to affect the environment, plants and animals?; 2) Does the project potentially have cumulative (i.e. multiple) affects?; and, 3) Does the project have affects that could potentially affect humans? These items are covered comprehensively in the Initial Study in support of the Mitigated Negative Declaration and the Mitigation and Monitoring Reporting Program; and as a result, mitigation measures are a condition of approval of the proposed project to reduce project impacts.
The City prepared an Initial Study for the proposed project pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines and in accordance with the City's Guidelines for implementing CEQA. The Initial Study prepared for the project assessed the potential environmental impacts of the proposal to construct and operate a residential community consisting of 117 single-family residential units (for sale). The Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment.
The Initial Study identified the following potential impacts: Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Noise, Tribal Cultural Resources, and Mandatory Findings of Significance. Each of the aforementioned items identified in the Initial Study that would result from the proposed development plan are further described, as follows, with appropriate mitigation measures designed to bring each impact to a level of Less than Significant:
Air Quality
The project may expose sensitive receptors to air pollution during the construction phase of the project. Sensitive receptors include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory disease. Mitigation measures have been added to reduce the impacts to less than significant. This includes reducing air pollution by controlling fugitive dust and requiring adequate pollution controls on construction equipment.
The project may expose sensitive receptors to air pollution during the construction phase of the project. Sensitive receptors include children, the elderly, the acutely and chronically ill, and those with cardio-respiratory disease. Mitigation measures have been added to reduce the impacts to less than significant. This includes reducing air pollution by controlling fugitive dust and requiring adequate pollution controls on construction equipment.
Biological Resources
The proposed project will not result in the loss of any protected wildlife habitat. However, existing trees may be used by migratory birds for nesting purposes. The applicant will be required to employ a biologist to clear the property to ensure that any active nesting sites are not disturbed, prior to commencement of demolition activities.
The proposed project will not result in the loss of any protected wildlife habitat. However, existing trees may be used by migratory birds for nesting purposes. The applicant will be required to employ a biologist to clear the property to ensure that any active nesting sites are not disturbed, prior to commencement of demolition activities.
Cultural Resources & Tribal Cultural Resources
The subject property has no known cultural sites or artifacts, however, during demolition and grading activities, these may be uncovered. The applicant will be required to employ an archeologist and Native American specialist to monitor the site to ensure that any items uncovered are identified and protected, as necessary.
Geology and Soils
The subject site is not within a known active seismic zone or liquefaction area. However, the site abuts a slope whereby slides are possible. A mitigation measure requires that a geotechnical investigation be conducted prior to the issuance of grading permits.
The subject site is not within a known active seismic zone or liquefaction area. However, the site abuts a slope whereby slides are possible. A mitigation measure requires that a geotechnical investigation be conducted prior to the issuance of grading permits.
Greenhouse Gas Emissions
Greenhouse gases (GHG) refer to a group of compounds that are linked to change in global climate conditions. These compounds are produced by human activity, such as fossil fuel combustion and burning natural gas, or other natural sources such as the decay of plant materials. GHGs trap the heat from sunlight and reduce the amount of heat that escapes into the atmosphere. Mitigation measures will be imposed to limit the amount of GHGs that are produced by making the units more energy efficient and taking advantage of green energy technology.
Greenhouse gases (GHG) refer to a group of compounds that are linked to change in global climate conditions. These compounds are produced by human activity, such as fossil fuel combustion and burning natural gas, or other natural sources such as the decay of plant materials. GHGs trap the heat from sunlight and reduce the amount of heat that escapes into the atmosphere. Mitigation measures will be imposed to limit the amount of GHGs that are produced by making the units more energy efficient and taking advantage of green energy technology.
Hazards and Hazardous Materials
The site had been used for manufacturing since the late 1950s and various chemicals and fuel were regularly used as part of normal operations. The site will be required to be cleaned prior to construction, to the satisfaction of the Department of Toxic Substances Control.
Hydrology/Water Quality
A Preliminary Water Quality Management Plan has been prepared and approved by the City's consultants. A Final Water Quality Management Plan will be required prior to commencement of grading and construction activities.
Noise
The project site abuts Imperial Highway, which is a six-lane highway with traffic counts exceeding 42,900 vehicle trips per day. Noise created from this traffic has been identified as a major impact on the residential development that will require mitigation. Mitigation measures include the construction of a masonry sound wall along the project frontage, use of dual pane windows, installation of solid front doors, and use of R90 or higher rated insulation.
Mandatory Findings of Significance
The Mandatory Findings of Significance are a list of three items that are summarized as follows: 1) Does the project potentially have the ability to affect the environment, plants and animals?; 2) Does the project potentially have cumulative (i.e. multiple) affects?; and, 3) Does the project have affects that could potentially affect humans? These items are covered comprehensively in the Initial Study in support of the Mitigated Negative Declaration and the Mitigation and Monitoring Reporting Program; and as a result, mitigation measures are a condition of approval of the proposed project to reduce project impacts.
In order to minimize project impacts to less than significant, the Initial Study identified mitigation measures, included in the Mitigation and Monitoring Reporting Program. On the basis of the analysis within the Initial Study, the City Staff concluded that the project will not have a significant effect on the environment with the incorporation of mitigation measures, and has therefore prepared a Draft Mitigated Negative Declaration (MND 21-01). The Initial Study reflected the independent judgment of the City.
The City circulated a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration of Environmental Impacts for public review and comment on November 12, 2021, for a 30-day review period ending on December 13, 2021, pursuant to Section 15072 of the CEQA Guidelines. Copies of the Initial Study and supporting exhibits were distributed through the State Clearinghouse and sent for review to state and local agencies, tribal authorities, various interest groups, and the public. Copies were also made available at the Community Development public counter at City Hall, on the City's website, and at the La Habra Branch of the Orange County Library system.
The City received three comment letters on the IS/MND during the review period. The agencies that sent response letters included the California Department of Transportation (Caltrans), Southern California Gas, and Orange County Transit Authority. Upon review of these letters, it was determined that the comments were either already addressed in the MND or were not related to environmental concerns. However, a typo was discovered by staff within the IS/MND which called out the export of soil totaling 10 cubic yards instead of 100 cubic yards. A response to comment letter was prepared that included the correction of the error (i.e. Errata #1) and these were sent to each of the respondents and included in the agenda package. An additional Errata sheet (i.e. Errata #2) was provided to staff on January 6, 2022 which provided updated groundwater test results which were determined to be in compliance with California Department of Toxic Substance Control protocols. As a result, no changes were required for the Mitigation Monitoring and Reporting Program (MMRP).
In summary, the Initial Study found that with the imposition of mitigation measures related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas, Hazards and Hazardous Materials, Hydrology, Noise, Transportation, Tribal Cultural Resources and Mandatory Findings of Significance, all potentially significant impacts associated with the Project would be reduced to less than levels of Less than Significant. Staff recommends that the Planning Commission pass a resolution and certify the MND 21-01.
The City received three comment letters on the IS/MND during the review period. The agencies that sent response letters included the California Department of Transportation (Caltrans), Southern California Gas, and Orange County Transit Authority. Upon review of these letters, it was determined that the comments were either already addressed in the MND or were not related to environmental concerns. However, a typo was discovered by staff within the IS/MND which called out the export of soil totaling 10 cubic yards instead of 100 cubic yards. A response to comment letter was prepared that included the correction of the error (i.e. Errata #1) and these were sent to each of the respondents and included in the agenda package. An additional Errata sheet (i.e. Errata #2) was provided to staff on January 6, 2022 which provided updated groundwater test results which were determined to be in compliance with California Department of Toxic Substance Control protocols. As a result, no changes were required for the Mitigation Monitoring and Reporting Program (MMRP).
In summary, the Initial Study found that with the imposition of mitigation measures related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas, Hazards and Hazardous Materials, Hydrology, Noise, Transportation, Tribal Cultural Resources and Mandatory Findings of Significance, all potentially significant impacts associated with the Project would be reduced to less than levels of Less than Significant. Staff recommends that the Planning Commission pass a resolution and certify the MND 21-01.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
The project implements policies LU 1.1 Redirect Growth, LU 1.2 Development Capacity, LU 2.1 Places to Live, LU 3.5 Complete and Livable Neighborhoods, LU 4.1 Development Compatibility, LU 5.2 Sustainable Building Practices, LU 5.3 Sustainable Sites and Land Development, LU 7.2 New Residential Development, LU 7.8 Safety, LU 9.1 Character and Design, H 1.4 Variety of Housing, H 1.5 Market and Non-Market Housing Production Needs, H 2.10 Preservation of Affordable Housing, H 3.4 Special Needs Households, CI 2.2 Building Scale and Design, CI 2.3 Responsiveness to context, and OS 1.5 Open Space Provisions of the La Habra General Plan 2035.
RELATED CASES
- On January 12, 1955, the Planning Commission approved Conditional Use Permit C-422 to permit the establishment of a business for the manufacture of wooden boxes at 301 West Imperial Highway.
- On December 3, 1956, the Building Official approved building permits for a new 1,400 square foot office building at 301 West Imperial Highway.
- On January 8, 1957, the Building Official approved building permits for a new 1,670 square foot industrial building and a 22,475 square foot industrial building at 301 West Imperial Highway.
- On October 23, 1957, the Building Official approved building permits for a new 216 square foot commercial building at 251 West Imperial Highway.
- On April 28, 1958, the Building Official approved building permits for a new 8,150 square foot industrial building at 251 West Imperial Highway.
- On May 6, 1958, the Building Official approved building permits for a new 2,007 square foot commercial building at 251 West Imperial Highway.
- On June 27, 1958, the Building Official approved building permits for the installation of an underground gasoline storage tank at 251 West Imperial Highway.
- On November 28, 1960, the Planning Commission approved Conditional Use Permit 60-15 for a nursery business.
- On January 25, 1961, the Building Official issued building permits for a 1,800 square foot commercial building at 351 West Imperial Highway.
- On December 29, 1966, the Building Official approved building permits for the construction of new 800 square foot and 4,800 square foot industrial buildings at 301 West Imperial Highway.
- On January 22, 1970, the Building Official approved building permits for the construction of a new 3,580 square foot industrial building at 251 West Imperial Highway.
- On September 11, 1973, the Building Official approved building permits for the construction of a new 3,100 square foot industrial building at 351 West Imperial Highway.
- On December 11, 1973, the Building Official approved building permits for the construction of a new 10,160 square foot industrial building at 341 West Imperial Highway.
- On July 10, 1989, the Planning Commission approved Condition Use Permit 88-52 for a used car facility at 251 West Imperial Highway.
- On November 27, 1995, the Planning Commission approved Conditional Use Permit 95-10 for a soil remediation system at 301 West Imperial Highway.
- On September 12, 2011, the Planning Commission approved Conditional Use Permit 11-06 for a used automobile sales business at 351 West Imperial Highway.
REQUIRED FINDINGS
Findings of Fact are required to be made before a Mitigated Negative Declaration of Environmental Impacts (MND) can be approved. Findings of Fact have been made and are provided as Exhibit “B” of the resolution along with the Mitigation Monitoring Program as Exhibit “A” for the implementation of conditions to ensure there is no significant environmental impact to the community (see Resolution – Mitigated Negative Declaration of Environmental Impacts).
Findings of Fact are required to be made before a Mitigated Negative Declaration of Environmental Impacts (MND) can be approved. Findings of Fact have been made and are provided as Exhibit “B” of the resolution along with the Mitigation Monitoring Program as Exhibit “A” for the implementation of conditions to ensure there is no significant environmental impact to the community (see Resolution – Mitigated Negative Declaration of Environmental Impacts).
Findings of Fact are also required to be made before a Conditional Use Permit or Design Review can be granted. These findings are provided in the attached resolutions along with all the conditions that staff has identified as being necessary to ensure that the proposed project will have no negative effects on the public welfare and to ensure that there is compliance with all appropriate City Codes and Ordinances (see Resolution - Conditional Use Permit and Resolution – Design Review). While “Legal Findings of Fact” are not required for a Tentative Tract Map, findings for evaluating the appropriateness of the requested action are included in the resolution as contained on the application form (see Resolution – Tentative Tract Map).
Attachments
- 1. Vicinity Map
- 2. Resolution - Mitigated Negative Declaration
- 3. Resolution - MND - Exhibit A
- 4. Resolution - MND - Exhibit B
- 5. Resolution - Design Review
- 6. Resolution - Conditional Use Permit
- 7. Resolution - TTM 19143
- 8. Initial Study/Draft MND - Previously Delivered
- 9. Notice of Intent
- 10. Mitigation Monitoring and Reporting Program
- 11. Response to Comments
- 12. Tentative Tract Map 19143
- 13. Project Plans
- 14. Colors and Materials
- 15. Landscaping Plan
- 16. Public Art
- 17. Noticing
- 18. Applications
- 19. Presentation
- 20. Response to Comments 2