The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(e), Class 1: “Existing Facilities” of the CEQA Guidelines. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The proposed project involves consolidating three parcels to eliminate two property lines to allow the continued operation of an existing automobile service/repair business on a 1.62-acre site. The project does not include major remodeling or structural rehabilitation. Although the project will involve the conversion of an existing storage room into an additional vehicle service bay, this will be a negligible expansion of use as it will be limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.

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. The project will not cause a substantial adverse change in the significance of any historical resource because the property where it is located is not listed on any National, California, or Local Registers. Furthermore, the existing buildings have been modified several times over the years, resulting in the lack of historic integrity. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the project. Therefore, the project is categorically exempt from CEQA.

That the Planning Commission approve and adopt:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING LOT LINE ADJUSTMENT 25-0001 (LLA 25-0001) TO CONSOLIDATE THREE EXISTING PARCELS INTO ONE LOT AND CONDITIONAL USE PERMIT 25-0003 (CUP 25-0003) TO ALLOW THE OPERATION OF AN AUTOMOBILE SERVICE/REPAIR BUSINESS AT 201-221 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 15301, CLASS 1: “EXISTING FACILITIES” OF THE CEQA GUIDELINES

On February 11, 2025, the Applicant, Gaspar Belmar, representing the Property Owner, Jorge Salinas, submitted applications for a Lot Line Adjustment (LLA 25-0001) to allow three parcels to be consolidated into a single lot, a Conditional Use Permit (CUP 25-0003) to allow the expansion of an existing automobile service/repair use, and a Design Review (DR2PH 25-0002) to construct a new 3,000 square-foot storage building at 201-221 East Whittier Boulevard (the "Project Site"). After Staff completed their review of the proposed project and deemed the application complete, these applications were scheduled for a public hearing before the Planning Commission on July 28, 2025. However, that same day (July 28), the Applicant informed Staff that the Property Owner no longer wished to proceed with a Design Review for the construction of a new storage building because there is a possibility that he may acquire a fourth property, which could result in other development options for storage. The Applicant submitted a written request to continue the public hearing and, pursuant to the Applicant's request, the Planning Commission removed the project from the July 28, 2025 agenda. Based upon discussions between Staff and the Applicant, the Applicant is proceeding with LLA 25-0001 and CUP 25-0003 (the "Project") to ensure that the existing operations are in compliance with the site's zoning standards. Should the Property Owner acquire a fourth property to expand the business further, Staff informed the Applicant that it will require the review and approval of new applications. 

The 1.62-acre Project Site currently consists of three parcels (Assessor's Parcel Numbers 017-293-32, 017-293-37, and 017-293-39), outlined below in blue, located at the northwest corner of Whittier Boulevard and Orange Street (see Exhibit 1 below and Attachment 2). LLA 25-0001 will allow three parcels to be consolidated into one lot, which will allow for the increased development potential as a single lot. Additionally, while there is no longer a proposal to construct a new building, the Applicant has converted a portion of the existing building for a new vehicle service bay. This is considered an expansion of their existing legal nonconforming automobile service/repair use, as detailed below, and therefore, the Applicant must also obtain approval for CUP 25-0003. 

The General Plan designates the Project Site for Corridor Mixed-Use 1 land use, which provides for the redevelopment of underutilized previously zoned commercial properties for a mix of multi-unit residential housing with supporting retail and service uses. Permitted uses and densities/intensities include: Multi-Unit Residential (Maximum density: 24 dwelling units per acre), Commercial (Maximum floor area ratio (FAR): 0.5), and Mixed-Use Projects (Maximum FAR: 1.5). Based on the size of the Project Site, the General Plan allows a maximum floor area of 35,284 square feet. The site is developed with two existing buildings. One building is 6,119 square feet and the second building is 2,758 square feet. Based on a total developed area of 8,877 square feet, the site has an FAR at 0.13, which falls below the City's maximum.
 

The Project Site is located within the C-2 (Commercial) Zone and MX (Mixed-Use) Overlay Zone, which implement the Corridor Mixed-Use 1 land use designation. While the MX Overlay Zone allows for residential development, this site was not identified as a housing opportunity site in the City's Housing Element. Automobile service/repair uses are permitted within the C-2 Zone with a conditional use permit. Based on the City's historical records, when Salinas Tires and Wheels began operating in 2004, such use was permitted by right. The City subsequently adopted Ordinance No. 1719 in October 2010, which included a requirement for all new automobile service/repair uses in the C-2 Zone to obtain a conditional use permit. Because Salinas Tires and Wheels was established prior to the City's adoption of the Ordinance, the business is considered a legal nonconforming use. However, as aforementioned, the Applicant has converted a portion of the existing building for a new vehicle service bay, which is considered an expansion of the existing legal nonconforming automobile service/repair use, and thus is subject to the approval of a conditional use permit.

The 6,119-square-foot building, located on the eastern side of the site, is occupied by Salinas Tires and Wheels, which offers tire sales and installation. The 2,758-square-foot building, located on the western side of the site, is occupied by Salinas Audio, which offers vehicle audio/stereo equipment sales and installation. 

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

Table 1: Surrounding Properties 

Salinas Tires and Wheels has been in operation as a tire retail/installation facility at the northwest corner of Whittier Boulevard and Orange Street, at 221 East Whittier Boulevard (APN 017-293-32 and APN 17-293-37) since 2004. On December 11, 2006, the Planning Commission approved Lot Line Adjustment 05-06 (LLA 05-06) to consolidate these lots (APN 017-293-32 and APN 17-293-37) and allow the two buildings to be combined and substantially renovated into a larger tire retail/installation facility. The portion of the building situated on APN 017-293-32 was modified from storefronts to four vehicle service bays and a storage room. While the renovations were completed, Staff identified that LLA 05-06 was never recorded with the County and expired on December 11, 2008. In 2014, the Applicant acquired the neighboring property at 201 East Whittier Boulevard (APN 017-293-39), immediately west of Salinas Tires and Wheels, to operate Salinas Audio. As shown in the aerial view, the Salinas Tires and Wheels building still traverses the existing property line between the two parcels (APN 017-293-32 and APN 17-293-37). Therefore, a Lot Line Adjustment is needed to create a single parcel.

On February 5, 2024, Code Enforcement Staff received a complaint from a resident that Salinas Tires and Wheels employees were conducting vehicle service and repair outside their building and storing an excess amount of tires behind their building. Upon inspection, Staff also identified that the Property Owner was attempting to convert a storage room within the existing building into a fifth vehicle service bay for audio system installations without permits. Over the last year and a half, the Applicant has been working with the Planning, Building Safety and Code Enforcement Divisions to remedy these issues.

As outlined above, Salinas Tires and Wheels is a legal nonconforming use. The addition of the fifth bay is considered an expansion of the use. Pursuant to La Habra Municipal Code (LHMC) Section 18.08.070.C, a nonconforming use may be maintained and continued, provided that there is no increase or enlargement of the area, space or volume, occupied or devoted to such nonconforming use. Therefore, because the fifth bay is an increase in the space occupied by the nonconforming use, the Property Owner is required to obtain a Conditional Use Permit.

Exhibit 2: Site Plan


As discussed in the Letter of Business Operations (see Attachment 4), Salinas Tires and Wheels' services include tire changes, rotations and balancing; wheel and rim installations; oil changes; brake services; air-conditioning system maintenance; and navigation and audio system installations. The Applicant is proposing to add a fifth vehicle service bay within the existing footprint of the building. Although the addition of the fifth bay is considered an expansion of the nonconforming use, because the addition of the fifth bay is located within the footprint of the existing building, the addition is considered a negligible expansion of the use. All vehicle-related services will be completed indoors, within designated service areas, and no vehicle servicing/repair work or the installation of tires will be permitted in the rear lot. This will bring the use into greater conformance with the C-2 Zone, since LHMC subsection (D)(1) of 18.32.050 (Special Development Standards) requires all businesses within the C-2 Zone to be conducted entirely within an enclosed building, except for service stations, newsstands, and outdoor garden centers. While the rear lot does contain vehicle servicing equipment along with the existing stocks of new and used tires currently stacked 10 to 15 feet in height, project conditions of approval have been included requiring that all outdoor storage be fully screened, not exceed six feet in height, and be kept fully shielded from the public right-of-way.

Business hours will remain from 8:00 a.m. to 6:00 p.m. Monday through Saturday and from 9:00 a.m. to 4:00 p.m. on Sundays. On-site staff will include five mechanics, a customer service representative, a storage room attendant, and the business owner. As outlined above, vehicle repair services offered include tire changes, tire rotations, tire balancing, wheel/rim installations, oil changes, brakes, air-conditioning maintenance, and navigation/audio system installations. No removal of vehicle body panels, painting, or major engine overhaul will occur on the site. The business currently averages between 15 and 20 vehicles serviced per day during the week and between 20 and 30 vehicles serviced per day on weekends. The addition of the fifth vehicle service bay is not expected to alter the current operational logistics. 

Once all three lots are consolidated, there will continue to be two driveways along Orange Street; one for customer use and one for employee parking at the rear of the site. However, the three driveways along Whittier Boulevard will be reduced to two driveways. The third driveway, directly south of the Salinas Audio building, will be removed to create Parking Spaces Nos. 1-4 as shown on Exhibit 2. No other site modifications have been proposed as part of the scope of work.

 Exhibit 3: Salinas Tires and Wheels Front Elevation


As shown in Exhibit 3 above and Attachment 5, the 16'x25' storage room located on the eastern side of the existing Salinas Tires and Wheels building will be converted to a vehicle bay and retrofitted with a roll-up style garage door. A project condition of approval has been included requiring any vehicle equipment that was previously stored in this area to be relocated to other storage areas within the building. Staff anticipates the equipment will be relocated to the general storage area at the northwest corner of the building.

Existing security lights on the property include 6,000K wall-mounted hooded floodlights as well as pole-mounted lights that are presently used at the rear of the site. Project conditions of approval have also been included to ensure that onsite lighting meets the LHMC requirement for an average of less than 0.5-foot candles at the western property line and Whittier Boulevard and Orange Street frontages and 0.0-foot candles abutting the residential uses to the north. 

The proposed floor plan for the existing site is shown in Exhibit 4 below and Attachment 6. The Salinas Tires and Wheels building includes a customer display area, a service counter, three office rooms, two supply closets, two smaller storage rooms, two larger general storage areas, a restroom, and five vehicle bays. The floor plan of the existing Salinas Audio building features an open display area, a restroom, and a customer service counter area at the rear of the building. While no vehicle repairs or servicing are permitted outside of the building, the rear lot will still be used to store mechanical equipment as well as the stock of wholesale tires.  Exhibit 4: Floor Plan


Pursuant to LHMC Section 18.14.060.B.5 (Off-Street Parking Requirements), the site satisfies the minimum parking requirements for automobile service/repair and retail sales at Salinas Tires and Wheels and Salinas Audio as shown in Table 2 below:

Table 2: Parking Requirements for Auto Service/Repair + General Retail

*The Applicant is providing four additional parking spaces, which will be created after the removal of the western driveway along Whittier Boulevard. A project condition of approval requires the Applicant to submit a Parking Lot Plan, which includes the details for the new parking spaces, to be approved prior to the issuance of the building permits for the fifth vehicle service bay. The existing Salinas Tires and Wheels building has a legal nonconforming front setback. Pursuant to LHMC Section 18.08.070.B, any site or building that is nonconforming as to the development standards set forth in Title 18 (Zoning) of the LHMC may be continued and maintained provided there is no increase or enlargement in usable floor area or intensification of use of the site as determined by the Director of Community Development. However, any site subject to discretionary review by the Planning Commission or the City Council must be brought into compliance with all current code standards that apply to the extent physically possible, as determined by the Planning Commission. While the building's existing zero-foot side setback and 40-foot rear setback are consistent with the development standards required by the LHMC for the C-2 Zone, the existing front setback of 11 feet along Whittier Boulevard is considered substandard with respect to the C-2 Zone's requirement of 15 feet. The existing Salinas Audio building, however, is consistent with all existing setback requirements. Compliance with the C-2 Zone development standards for each of the two buildings has been provided in Table 3 below. Staff believes the site is in compliance with the requirements of Title 18 to the extent physically possible.

Table 3: C-2 (Commercial) Development Standards

The existing landscape planter along the Whittier Boulevard frontage and the parkway at the corner of Whittier Boulevard and Orange Street currently feature Mexican Fan Palm Trees along with a variety of shrubs and groundcover. The landscape parkway outside the Salinas Audio building features several smaller Queen Palm Trees. There is 1,328 square feet (9%) of existing onsite landscaping, which satisfies the minimum requirement of 7% landscaping within the parking area pursuant to LHMC Section 18.14.070.D.3.a. No additional modifications to the landscaping are proposed as part of this Project.

ANALYSIS: 
Lot Line Adjustment (LLA 25-0001)
Pursuant to Section 17.20.030 of the LHMC, prior to the approval of Lot Line Adjustment 25-0001, the Planning Commission is required to find that the proposed lot line adjustment conforms to the requirements listed below. Following each requirement is Staff's analysis of the proposed Project's ability to meet the requirement.

1. Does not create an additional lot.

The proposed LLA would merge three existing parcels, APNs: 017-293-32, 017-293-37, and 017-293-39, into one lot; therefore, the LLA will not create an additional lot.

2. Does not reduce the area or width of any lot in any zone below the minimum area or width required in such zone.
The proposed LLA would merge three existing parcels, APNs: 017-293-32, 017-293-37, and 017-293-39, into one 1.62-acre lot that would have a maximum width of approximately 285 feet and a minimum width of approximately 200 feet. However, there is no required minimum lot area or width in the C-2 Zone. Therefore, the LLA does not reduce the area or width of any lot in any zone below the minimum area or width required in such zone.

3. Does not cut off any lot from any frontage on a public street or alley access to a public utility easement, or create a need for utility easements. 
The proposed LLA would merge three existing contiguous parcels into one 1.62-acre lot that can be accessed from two public streets, Orange Street and Whittier Boulevard. The City's Public Works Department evaluated the proposed Project and verified that there will be sufficient access to any and all existing public utility easements and no additional utility easements will be created. Therefore, the proposed Lot Line Adjustment does not cut off any lot from any frontage on a public street or alley access to a public utility easement, or create a need for utility easements.

4. Does not cut off any lot from any utility service available immediately prior to the lot line adjustment.
The Project site consists of three contiguous parcels currently occupied by an automobile service/repair business and a vehicle audio/stereo equipment sales and installation business. The proposed LLA would merge the three existing parcels into one 1.62-acre lot, eliminating the lot line that the existing building traverses, but retaining access to and from two public streets. The proposed Project will connect to existing utilities and not sever any current utility service existing prior to the lot line adjustment. Therefore, LLA 25-0001 will not cut off any lot from any utility service immediately available prior to the lot line adjustment.

5. Does not cause an existing building to be in violation of the zoning regulations of Title 18 of this code, the building code or state housing law by reason of its proximity to or encroachment on a proposed new lot line.
The proposed LLA would merge three existing parcels into one 1.62-acre lot. The existing buildings on these parcels currently conform to the side setbacks of the C-2 Zone, where a zero-foot side setback is allowed, which would remain unchanged with the LLA. However, an existing Salinas Tires and Wheels building, located on APN 017-293-37, does not comply with the required front setback (15 feet required, 11 feet existing) for the C-2 Zone. While the proposed LLA will not correct the substandard setback, it will also not further reduce the setback provided for these buildings. The site and building comply with C-2 development standards to the extent physically possible. Therefore, the proposed Lot Line Adjustment does not cause an existing building to be in violation of the zoning regulations of Title 18 of the LHMC, the Building Code, or state housing law by reason of its proximity to or encroachment on a proposed new lot line.

6. Does not create a new key lot in any zone.
LHMC Section 18.04.030 defines a key lot as the first interior lot to the rear of a reversed corner lot. The proposed Lot Line Adjustment involves the merging of three parcels whereby the existing lot lines will be removed and no new key lot is created. 

7. That no new public street or easement or extension of any existing public street or easement will be required, nor will any public improvements.
The proposed LLA would merge three existing parcels into one 1.62-acre lot. There are no new public streets or easements or extensions of existing public streets or easements required as part of the Project. The only change to the Whittier Boulevard frontage is the removal of the driveway existing directly south of the Salinas Audio building, as the space will be used for four new parking spaces. The two other driveways along Whittier Boulevard will remain as-is. The proposed LLA does not require any public improvements. Therefore, no new public street or easement or extension of any existing public street or easement will be required, nor will any public improvements.

 

Conditional Use Permit (CUP 25-0003)
Pursuant to LHMC Section 18.66.070 (Planning Commission Action) of Chapter 18.66 (Conditional Use Permits), prior to the approval of the Conditional Use Permit, the Planning Commission must make the required findings listed below; following each finding is Staff's analysis of the proposed Project's ability to meet the required finding.

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 enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
2. The subject site is physically suitable for the type of land use being proposed.
The existing business on the site has been in operation since 2004. The CUP will bring the existing land use into conformance with the requirement for a CUP in the C-2 Zone and will bring the property into compliance with the development standards of the C-2 Zone to the extent physically possible. Aside from the legal nonconforming front setback of 11 feet for the existing Salinas Tires and Wheels building, all other setbacks, onsite landscaping, lot coverage, parking count, and business operations are consistent with the C-2 Zone. Therefore, the subject site is physically suitable for the land use proposed.

3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title. 
4. The granting of this conditional use permit is consistent with the comprehensive general plan.
The General Plan designates the Project Site for Corridor Mixed-Use 1 land use, which provides for the redevelopment of underutilized previously zoned commercial properties for a mix of multi-unit residential housing with supporting retail and service uses. Commercial uses are permitted, with a maximum floor area ratio (FAR) of 0.5. Based on the size of the Project Site, the General Plan allows a maximum floor area of 35,284 square feet. The site comprises two existing buildings of 6,119 square feet and 2,758 square feet, resulting in a total area of 8,877 square feet and an FAR of 0.13.

The granting of the Conditional Use Permit is also consistent with the following General Plan policies:

• LU 3.2 Places to Meet Daily Needs: This Conditional Use Permit, which will bring the existing automobile service/repair facility into conformance with the C-2 requirements and development standards to the extent physically possible, will also legalize site improvements to a prominent automobile repair/service facility within the community.
• LU 4.1 Development Compatibility: While the existing Salinas Tires and Wheels building has a legal nonconforming front setback of 11 feet, all other elements, such as building orientation and setbacks, buffering, visibility and privacy, access, and impacts of noise and lighting, have been analyzed and found to be compatible with the surrounding uses.
• LU 11.5 Cohesive Development: The entitlement of this business will bring the use into conformance with the site's zoning standards and limit noise and sound impacts for adjacent residents while continuing to provide patrons with auto service.

The Applicant has paid for the processing costs associated with the Lot Line Adjustment and Conditional Use Permit, which total $13,518.00.

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

The Project implements the following policies of the La Habra General Plan:

The project implements the following City Council goals and objectives: