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: "In-fill Development Projects" of the California Environmental Quality Act Guidelines.

That the Planning Commission Approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING TENTATIVE TRACT MAP 19155 FOR THE CONSTRUCTION OF A 16 UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 331-351 SOUTH CYPRESS STREET AND 316 SOUTH ALDRICH STREET, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING DESIGN REVIEW 21-05 FOR THE CONSTRUCTION OF A 16 UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 331-351 SOUTH CYPRESS STREET AND 316 SOUTH ALDRICH STREET, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

The Applicant, DE Investment LLC, is requesting to combine four lots into one parcel for the construction of 16 condominium townhome units (the "project"). The subject lots (the "project site") are located along the west side of Cypress Street north of the Brio gated residential community and along the east side of Aldrich Street where the street dead ends. The General Plan land use designation for the project site is Residential Multi-Family 3, which allows up to 36 units per acre. The project site is within the R-6 (Multiple Family Dwelling) Zone, which implements the Residential Multi-Family 3 General Plan land use designation. Surrounding land uses to the west include an industrial building along the west side of Aldrich Street designated Residential Multi-Family 3 and a portion of the Brio residential gated community. Properties to the north include a combination of industrial buildings and single-family homes designated Residential Multi-Family 3 that front onto Second Avenue. The property to the east across Cypress Street is currently used as a landscape contractor yard designated Residential Multi-Family 3. The properties to the south are part of the Brio residential gated community designated Medium Density. 

The project would combine the four lots within the project site to create a 39,986 square foot parcel. Three of the lots are currently improved with single-family structures fronting onto Cypress Street. The fourth lot, which has access on Aldrich Street, is improved with an industrial building. All existing improvements will be demolished, and once the lots have been combined the parcel's final configuration will be triangular with street frontage on Cypress Street and on Aldrich Street. The proposed site layout includes a main centralized driveway that runs through the middle of the parcel with vehicle access via Cypress Street and Aldrich Street. The project includes three, three-story buildings containing ten units along the northerly side of the driveway and six units along the southerly side of the driveway. The unit breakdown includes 14, three bedroom units, and two, two bedroom units. All units have been designed with an attached two-car garage on the first floor, kitchen and dining area on the second floor and bedrooms on the third floor. The unit sizes range from 1,407 square feet to 3,056 square feet. The units have a combination of enclosed private patios on the first floor and balconies on the third floor. The patios will be enclosed with 2.5 foot high stucco walls. The total private open space is 2,760 square feet.



The project includes a common open space area located near the southeast corner of the parcel with an area of approximately 1,590 square feet. The common open space area will be improved with a set of picnic tables, two charcoal barbecue grills and a small trash receptacle. The project exceeds the La Habra Municipal Code's (LHMC) requirement with regard to usable yard area. The code requires that the project provide a minimum of 2,250 square feet of usable yard area. The project provides 2,760 square feet of private yard area in addition to the 1,590 square feet of common yard area for a combined total of 4,350 square feet of usable yard area.

The proposed project meets LHMC parking requirements, which are to provide 55 onsite parking spaces. The LHMC requires three parking spaces per each three-bedroom units (42 spaces) and two and one half parking spaces per each two bedroom unit (5 spaces). In addition, the LHMC requires an additional one-half space per dwelling unit (8 spaces) for guest parking. The proposed project will have a total of 32 parking spaces within the townhouse garages; a van accessible parking space located on the south side of the main drive aisle situated near the middle of the parcel; and, 12 covered spaces (covered by the units cantilevering over the parking spaces) and 10 uncovered onsite parking spaces, for a total of 55 parking spaces.

Additional onsite improvements include stamped and colored concrete at the driveway entrances on Cypress Street and Aldrich Street and within the main drive aisle. The project will include a trash enclosure located along the southerly side of the main drive aisle near the accessible parking space. The project will have a six-foot-high masonry wall along the northerly property line. A seven-foot-high masonry wall already exists along the southerly property line constructed as part of the Brio residential project. The Applicant will save the mature trees located along the southerly property line and will also plant new trees such as Brisbane Box that can grow 30-45 feet tall. Additional trees will be planted along the northerly property line to assist with the screening of the project. The 16 unit project is not proposed as a gated community and will not include the use of vehicle access gates.
 

CODE COMPLIANCE
 

R-6 Development Standards	Required	Provided
Building Height	40 feet	34 feet, 7 inches
Front Setback (East)	15-20 feet	15-20 feet
Side Setbacks (North, South)	10-15 feet	10-17 feet
Rear Setback (West)	15-20 feet	78 feet
Density	33 Units	16 Units
Lot Coverage	50 %	43.83 %
3 Bedroom Unit Size	1,050 sf	1,662 - 3,056 sf
2 Bedroom Unit Size	900 sf	1,407 - 1,497 sf
Usable Yard Area	2,250 sf	4,350 sf
Parking	47 spaces	47 spaces
Guest Parking	8 spaces	8 spaces

ANALYSIS

A Tentative Tract Map for Condominium Purposes is requested to combine the four lots into one parcel and create airspace for 16 residential units and the related common areas. Pursuant to LHMC Chapter 17.08 (Tentative Maps), the proposed Tentative Map is subject to the approval of the Planning Commission based on the findings below. The tentative map process is complete at the Planning Commission level unless the decision to approve the project is appealed to the City Council. In order for the Planning Commission to approve a map, the following findings must be made:

The General Plan describes and characterizes the general range of land uses and densities/intensities permitted for each category of use depicted on the General Plan Land Use Diagram. The project site is depicted as Residential Multi-Family 3 on the Land Use Diagram. The General Plan describes this designation as being "Characterized by apartment, condominium/townhouse, and live/work that house multiple dwelling units, provide for common recreational open space area, and may consist of three to four-story buildings. A portion of these units may be priced for low and moderate income households." This designation allows for the development of residential units at a density up to 36 units to the acre. The project site is 39,986 square feet in area, based on the maximum density of 36 dwelling units per acre, the maximum number of units permitted on the project site is 33 units. The proposed project consists of three, three-story detached buildings. Buildings 1 and 2, located along the north side, each contain five units for a total of 10 units; Building 3, located along the south side of the main drive aisle, contains six units. Therefore, the proposed density is 17 units to the acre. The projects design and layout provides adequate onsite circulation, parking, landscaping and open space. With the City Council's adoption of the La Habra General Plan 2035 and rezoning of the whole block including the subject property, to R-6 (Multiple Family Dwelling) Zone, the City's intent included the assembling and combining of lots for the development of high density residential uses. The construction of new market rate units will contribute towards the City's Regional Housing Needs Assessment (RHNA) requirements, consistent with the goals and policies in the General Plan Housing Element. Therefore, the proposed subdivision and the provisions for its design and improvements are consistent with the provisions of the La Habra General Plan. 

The proposed tentative tract map has been reviewed by the City Engineer for compliance with the City's Subdivision Ordinance and the Subdivision Map Act as codified in LHMC Section 17.08.020. Based on this review, the City Engineer has determined that the proposed tentative tract map meets the requirements of the La Habra Subdivision Ordinance and Subdivision Map Act. It should be noted that the Applicant will be required to dedicate to the City, 10 feet along the parcel's frontage along Cypress Street.

As described above, the General Plan allows a maximum density of 36 dwelling units per acre on the project site; based on the size of the site the maximum number of units permitted on the project site is 33 units. The proposed project consists of 16 units, for a maximum density of 17 units to the acre, thereby limiting the scale of the project.  In addition, the project's layout and design comply with all applicable development standards. Therefore, the project site is physically suitable for the proposed density.

The project site is located in an urbanized setting within a residential and industrial land use area. The project site in its entirety is fully developed with no areas of native and natural habitat. The project site is currently covered over in impervious surfaces except for some introduced landscaping. The project site's isolation from other natural open space areas limits its utility as a habitat or an animal migration corridor. The project site and the surrounding areas are not conducive for the survival of any special status species due to the lack of suitable riparian and/or natural habitat. Constant disturbance from traffic and other human activity limits the site's utility as a sensitive habitat or migration corridor.  Therefore, the design of the proposed subdivision is not likely to cause substantial damage or avoidable injury to wildlife and their habitat; these findings are further substantiated in the Environmental Assessment prepared for the project.

The project's construction will require compliance with State and local requirements that include: fire, life safety, structural and access compliance requirements, which emphasize public safety. The project's Environmental Assessment provides analysis related to the project's impacts associated with Noise, Air Quality and Water Quality. The findings specify that during the construction phase, noise levels will be attenuated by the existing seven-foot-high wall of the adjacent residences along the southerly property line. The project includes a condition that requires the construction of a six-foot-high masonry wall along the northerly property line to screen the property.  The project's contractors will be subject to the City's Noise Ordinance to ensure construction noise levels are less than significant. According to the analysis, Air Quality is measured against Localized Emissions Thresholds (LSTs) utilizing data models. The analysis determined that the proposed project will not exceed LST thresholds. Water Quality will be addressed via the project's Water Quality Management Plan (WQMP) which includes Best Management Practices (BMPs) to ensure that the project will not violate any water quality standards, waste discharge requirements, or otherwise degrade surface or groundwater quality. Therefore, the project's design is not likely to cause substantial health problems. 

The project site has three recorded easements, one of which will be removed as part of the public right of way dedication. The Applicant will be required to dedicate 10 feet along the Cypress Street frontage. The other two easements are located along the entire southerly property line (10 foot wide easement to the Los Angeles & Salt Lake Railroad Company), and along a portion of the northwest corner of project site (six foot wide easement to Southern California Edison) as identified on the Tentative Map. The easements have been taken into consideration as the residential buildings have been designed away from the easement boundaries. Therefore, the design and layout of the project will not conflict with any easements for access through or use of the property within the proposed subdivision.

The project is also before the Planning Commission pursuant to LHMC Section 18.26.050.E, which requires a Design Review for all new construction that takes place within the R-6 Zone. Projects that require a Design Review must be approved by the Planning Commission pursuant to LHMC Chapter 18.68. In order to grant the Design Review, the following findings must be made:

As described above in the analysis for the Tentative Tract Map, the proposed project is consistent with the City's General Plan and the development standards for the R-6 (Multiple Family Dwelling) Zone, which implements the property's Residential Multi-Family 3 General Plan land use designation, including requirements for onsite parking, building setbacks and building height limits. Also, the development of new residential units will remove a nonconforming use (industrial building) to a land use that conforms to both the General Plan and Zoning Ordinance.

The entire block located north of the Brio gated residential project, that includes the subject lots, is designated Residential Multi-Family 3, and zoned R-6 for the purpose of allowing for the development of high density residential uses. The project's scope involves combining said lots that are underutilized, for the development of a residential project that is in the best interest of the public health, safety and welfare of the community. The project also involves the removal of an obsolete land use (industrial building) to a residential land use that meets and complies with the General Plan's goals and policies and zoning standards. The project's construction will revitalize the area, similar to the improvements accomplished by the Brio residential project, which improved the welfare of the community in the general vicinity. The project will also provide additional market rate housing and compliment the 10 unit project located directly across Cypress Street. The project will include conditions of approval including the creation of Covenants Conditions and Restrictions (CC&Rs) that will establish the rules, limitations and requirements for the use of the property.  The CC&Rs will require the Homeowners Association (HOA) to continue to maintain the project site as approved by the Commission.

As described in the attached Environmental Assessment, the project complies with all requirements of the California Environmental Quality Act (CEQA) and has been determined to be exempt under the Type 32 In-Fill Exemption. To qualify for this exemption, a project must meet the following criteria:

The project complies with all the applicable General Plan and zoning regulations as required by both the Design Review and Tentative Map. Therefore, the project is consistent with the applicable General Plan designation and all applicable General Plan polices as well as with applicable zoning designation and regulations. The project area is within the City limits and the project size does not exceed five acres (project size is 0.917 acres). The project is also located within a residential area as all the surrounding parcels are zoned for residential uses. The project area abuts a single-family gated community along the southerly property line and a couple of single-family homes along the northerly property line including some industrial uses. Therefore, the proposed undertaking will occur within the City limits on a project site of not more than five acres that is substantially surrounded by urban development. Furthermore, as described in the Environmental Assessment, the project site has no value as habitat for endangered, rare, or threatened species and would have no significant effects on noise, air and 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 distance vehicles will travel to and from a project. The use of VMT for analyzing transportation impacts emphasizes the reduction in the number of vehicles trips and vehicles 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 Transit Priority Area and within a Low VMT Generating Zone.  Therefore, the project is not subject to a VMT analysis, as it screens out based on those two factors (Transit Priority Area and Low VMT Generating Zone).

In addition, according to the Environmental Assessment, which utilized the Institute of Transportation Engineers (ITE) Trip Generation, the proposed 16 unit project is expected to generate 117 daily trips while the existing uses (industrial and residential uses) are generating 56 daily trips. The estimated net change following the proposed development is 61 daily trips. Traffic generated from the project, specifically along Cypress Street and Aldrich Street, from ingress and egress, will be minimal. According to the analysis, approximately six vehicles will use each driveway during morning peak hour and 10 vehicles will use each driveway during evening peak hour.  The nearest intersections (Cypress Street, Second Avenue, an Aldrich Street) will experience minimal impacts as well during morning and evening peak hour periods. As a result, no mitigation will be required. Therefore, the approval of the project would not result in any significant effects related to traffic.

Lastly, the project is located within an urbanized area and the project's design provides sufficient access for public safety personnel such as Fire and Police and will be serviced by sanitary sewer and storm drains and connected to existing facilities within Cypress Street. Therefore, the site can be adequately serviced by all required utilities and public services.

The project was submitted prior to the effective date of the City's Inclusionary Housing Ordinance. The ordinance provides that for projects with 10 or more units, the developer must set aside 15 percent of the total units as affordable very-low, low or moderate income units or provide an equivalent in-lieu fee. The ordinance specifies that residential development projects with 10 or more units submitted after July 1, 2021, are subject to the Inclusionary Housing Ordinance. The proposed project was submitted on May 17, 2021; and, is therefore not required to provide any affordable units.

RELATED CASES

• On December 13, 1965, the addresses of the subject properties along Cypress Street were corrected from even to odd address numbers (331, 341, & 351 South Cypress Street).
• On June 11, 1986, a building permit was issued for the demolition of a dwelling unit at 351 S. Cypress St.
• On April 27, 2015, a building permit was issued for onsite improvements at 330 S. Cypress St.
• On October 2, 1984, a building permit was issued for the construction of a 3,000 square foot industrial warehouse building with an office at 316 S. Aldrich St.
• On September 5, 1986, a building permit was issued for a 2,700 square foot addition to the warehouse at 316 S. Aldrich St.

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 properties are designated Residential Multi-Family 3 which allows for the development of 31 to 36 units per acre. This designation is characterized by apartment, condominium/townhouse, and live/work that house multiple dwelling units, provide for common recreational open space area, and may consist of three to four-story buildings.

The proposed project is designed at a density of 17 units per acre not exceeding the property's maximum allowable density of 33 units. The project has also been designed to provide common and private open space areas, with the common area improved with onsite amenities such as picnic tables and barbecues for use by future residents. The project also complies with the R-6 development standards including the onsite parking requirements, building setbacks, and height limit. The construction of 16 additional units will contribute to the State of California's directive for cities to facilitate the development of more residential units. In addition, the development of new residential units will revitalize the area and remove a nonconforming industrial use with a land use that conforms to both the General Plan and Zoning designations.

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 5.5 Revitalization of Obsolete and Underused Properties, LU 6.4 Housing Type Distribution, LU 7.2 New Residential Development, LU 7.3 Housing Character and Design, LU 9.2 Amenities, LU 9.3 Development Transitions, H 1.3 Support Private Sector Housing Production, 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 2035.