This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15315, Class 15: “Minor Land Divisions” of the CEQA Guidelines because the proposed subdivision is for finance and conveyance purposes only. The Project consists of the division of property in an urbanized area zoned for commercial use and/or mixed use into two parcels. The division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. The Project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this Project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The Project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this Project. Therefore, the Project is categorically exempt from CEQA.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING VESTING TENTATIVE PARCEL MAP 2023-149 TO ALLOW A 1.29 ACRE SITE TO BE SUBDIVIDED INTO TWO PARCELS ON THE PROPERTY CURRENTLY ADDRESSED AS 310-330 EAST WHITTIER BOULEVARD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15315, CLASS 15: “MINOR LAND DIVISIONS” OF THE CEQA GUIDELINES

On April 22, 2024, the Planning Commission approved Tentative Tract Map 23-02 to allow a residential subdivision for condominium purposes and Design Review 23-04 for construction of 22 townhome units on the property currently addressed as 310-330 East Whittier Blvd.

The Applicant, Kim Prijatel of City Ventures, is now requesting approval of Vesting Tentative Parcel Map 2023-149 to subdivide a portion of a parcel located at 310 West Whittier (Parcel 1) from a portion of a parcel, located west of Parcel 1 and east of North Orange Street (Parcel 2), as shown below in Exhibits 1 and 2 and Attachments 1 and 3.
  EXHIBIT 1



EXHIBIT 2

The General Plan designates the proposed subject parcels for Corridor Mixed Use 1 land use, which allows for residential development, commercial development or mixed-use development. The properties are located within the C-2 (Commercial) Zone and the MX (Mixed-Use) Overlay Zone, which implement the project site’s General Plan land use designation.

Parcel 2 is currently occupied by Magnolia Vintage Home & Gift and Chicken Box Broasted Chicken. On April 22, 2024, the Planning Commission approved Tentative Tract Map 23-02 to allow a residential subdivision for condominium purposes and Design Review 23-04 to develop a total of 22 townhome units on Parcel 2. The subject staff report is included as Attachment 4. 

Parcel 1 is currently occupied by a Marie Callender’s restaurant, which is operating under a long-term lease that is expected to end in 2029. Should Parcel 1 become available for purchase, City Ventures will be given the right of first refusal to purchase the property. If City Ventures is able to acquire Parcel 1, they intend to develop additional townhome units on the subject site. However, any future development of the site with townhome units would be subject to the future approval of a Tract Map and Design Review.

The subject Vesting Tentative Parcel Map 2023-149 is for financing and conveyance purposes only; no development is being proposed on Parcel 1 at this time. The Applicant is requesting approval of a "Vesting Tentative Parcel Map," instead of just a "Tentative Parcel Map," because a Vesting Tenative Parcel Map would allow the property owner to develop Parcel 1 using the development standards in place at the time of the approval of the map. The vesting of these development standards would help ensure that development of Parcel 1 is consistent and integrated with the recently approved project on Parcel 2.

REQUIRED FINDINGS
Pursuant to Section 17.12.020 (Approval) of Chapter 17.12 (Parcel Maps) of Title 17 (Subdivisions) of the La Habra Municipal Code (LHMC), tentative parcel maps must first be filed with the Planning Commission. When considering Tentative Parcel Maps, the Commission reviews the proposal for consistency with the General Plan, the requirements of the La Habra Subdivision Ordinance, and the Subdivision Map Act. Section 66474 of the Subdivision Map Act includes the following list of grounds for denial; if any one of the findings below is made, the map must be denied. 

A. That the proposed map is not consistent with the applicable general plan and specific plans as specified in Section 65451.

The proposed map is for financing and conveyance purposes only, which will enable the future sale and purchase of the property identified as Parcel 1 on Vesting Tentative Parcel Map 2023-149. The approval of Vesting Tentative Parcel Map 2023-149 does not include any new physical development. However, if the site is proposed for development, it will be subject to all applicable State and local requirements. Pursuant to the City of La Habra's General Plan 2035, the project site is designated as Corridor Mixed-Use 1, which allows for multi-unit housing, retail and service uses and mixed uses. The existing restaurant use on Parcel 1 is generally consistent with the Corridor Mixed-Use 1 designation, as well as the potential development of Parcel 1 with townhomes similar to those approved for Parcel 2. There are no Specific Plans that are applicable to the project site. Therefore, the proposed map is consistent with the General Plan.

B. That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans.

The Planning Commission approved the construction of 22 townhomes on the property identified as Parcel 2 on Vesting Tentative Parcel Map 2023-149 on April 22, 2024. There is no physical development being proposed on Parcel 1 at this time. However, as a vesting tentative parcel map, future development would be subject to the current standards of the C-2 (Commercial) Zone and the MX (Mixed-Use) Overlay Zone. The MX Overlay Zone implements the General Plan Corridor Mixed Use 1 land use designation. There are no Specific Plans that are applicable to the project site. Vesting Tentative Parcel Map 2023-149 poses no conflict with the General Plan. Therefore, the proposed map is consistent with the General Plan.

C. That the site is not physically suitable for the type of development.

The subject lot is proposed to be subdivided into two parcels. Parcel 1 is currently developed with a restaurant. Parcel 2 is slated to be developed with 22 new townhomes, which were approved by the Planning Commission on April 22, 2024. It is anticipated that Parcel 1 may be developed into townhomes in the future. The property owner/applicant is aware that Parcel 1 will be subject to complying with the C-2 Zone and the MX Overlay Zone development standards, which enables the development of multi-unit housing Therefore, the site is physically suitable for the anticipated type of development.

D. That the site is not physically suitable for the proposed density of the development.

No development is proposed on Parcel 1 at this time. Vesting Tentative Parcel Map 2023-149 is necessary for financing and conveyance purposes only.

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The project site is in an infill development in an urbanized area and the portion of the site identified as Parcel 1 has been fully developed as it is currently occupied by a Marie Callendar’s restaurant. The portion of the site identified as Parcel 2 has been developed with the Chicken Box Broasted Chicken restaurant and Magnolia Vintage Home & Gift store, was approved for development of 22 townhomes units by the Planning Commission on April 22, 2024, consistent with the development standards for the C-2 Zone and MX Overlay Zone. The entire site was previously developed, resulting in the site having no endangered plan or animal species. Therefore, the design of the proposed subdivision will not cause substantial damage or avoidable injury to wildlife and their habitat.

F. That the design of the subdivision or the type of improvements is likely to cause serious health problems.

The subject property currently provides sufficient access for public safety services, such as Fire and Police. Additionally, the subject property as developed is already serviced by sanitary sewers and storm drains. Since permits and inspections are required for the construction of all future infrastructure improvements, no health or safety issues are anticipated if new development occurs on Parcels 1 and/or 2.

Therefore, the design of the subdivision is not likely to cause serious health problems.

G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Vesting Tentative Parcel Map 2023-149 is for financing and conveyance purposes only and will not result in changes to existing easements for access at this time. Therefore, the design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision.

As noted above, there are no grounds upon which to deny Vesting Tentative Parcel Map 2023-149. The subdivision will be consistent with the General Plan and Subdivision Map Act as supplemented by Title 17 of the La Habra Municipal Code. Therefore, staff recommends that the Commission approve the Vesting Tentative Parcel Map 2023-149.

The Applicant has paid for the processing cost associated with Vesting Tentative Parcel Map 2023-149 which total $6,532.00.

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 the proposed project does not include any physical development, the aforementioned requirements will not apply.

The proposed project is related to the following General Plan policy:

The proposed project is related to the following City Council Goal and Objective: