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.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING TENTATIVE TRACT MAP 19156 FOR THE CONSTRUCTION OF A 10-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 318 SOUTH CYPRESS 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 21-06 FOR THE CONSTRUCTION OF A 10-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 318 SOUTH CYPRESS STREET, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

The Applicant, DE Investment LLC, is requesting to construct 10 condominium townhome units on a vacant lot (the "project"). The project site is located along the east side of Cypress Street north of the railroad right of way. 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 north and east include low density residential uses (single-family and duplex style units). The properties to the south are vacant, unimproved and designated for Residential Multi-Family 3 land use by the General Plan. The properties to the west are also designated for Residential Multi-Family 3 land use; these properties are improved with single-family units and an industrial building.

The project site is 27,245 square feet in area and has been a landscape contractor's yard since 2012. The proposed project will remove all onsite improvements to clear the site for the 10 proposed townhomes. The proposed site layout for the project includes a centralized driveway and, three, three-story detached buildings, each containing two, three and five units respectively. Every unit will have an attached two-car garage on the first floor, a kitchen on the second floor, and three bedrooms on the third floor. The unit sizes will range from 2,104 square feet to 2,354 square feet. Each unit will have a private patio, located on the ground level, near the unit's front door. The patios will be enclosed with 2.5 foot high stucco walls. The total private open space is 1,490 square feet.


The layout of the project site also includes two common open space areas, located at the southwest and southeast corners of the lot; the common open space areas have a combined area of approximately 1,747 square feet. The common open space areas will include picnic tables, barbecues, and trash receptacles. The proposed 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 1,750 square feet of usable yard area. The project provides 1,490 square feet of private yard area in addition to the 1,747 square feet of common yard area for a combined total of 3,237 square feet of usable yard area. At three spaces per unit, the proposed project will have a total of 20 parking spaces within the townhouse garages; a van accessible parking space located near the northeast corner of the lot; and, 14 uncovered onsite parking spaces, for a total of 35 parking spaces. The proposed parking meets LHMC requirements to provide 35 onsite parking spaces, five of which are required guest parking spaces. Additional onsite improvements include stamped and colored concrete at the driveway entrance, tree wells in between the uncovered parking spaces and the use of wall mounted trellises on Building H, located near the center of the property. The site layout also includes a trash enclosure located along the easterly property line. The project site will have a six-foot-high masonry wall along the northerly, easterly and westerly property lines. In addition, the project will also have Italian Cypress trees planted along the northerly, and easterly property lines.  The project is not proposed as a gated community and will not include the use of vehicle access gates. 

The proposed project was submitted prior to the effective date of the City's Inclusionary Housing Ordinance. The ordinance requires developers of projects with 10 or more units to set aside 15 percent of the total units as affordable, very-low, low or moderate income units or pay 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 June 1, 2021.

CODE COMPLIANCE

R-6 Development Standards	Required	Provided
Building Height	40 feet	34 feet, 10 inches
Front Setback (West)	15-20 feet	15-20 feet
Side Setbacks (North, South)	10-15 feet	10-15 feet
Rear Setback (East)	15-20 feet	16-20 feet
Density	22 Units	10 Units
Lot Coverage	50 %	36.15 %
3 Bedroom Unit Size	1,050 sf	2,104 - 2,354 sf
Usable Yard Area	1,750 sf	3,237 sf
Parking	30 spaces	30 spaces
Guest Parking	5 spaces	5 spaces

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 of up to 36 units to the acre. The project site is 27,245 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 22 units. The proposed project consists of three, three-story detached buildings each containing two, three and five units, for a total of 10 units, for a maximum density of 16 units to the acre. In addition, the project 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 property to the R-6 (Multiple Family Dwelling) Zone, the City's intent for this property is for the development of high density residential uses. In addition, the development of new residential units will also contribute towards the City's Regional Housing Needs Assessment (RHNA) requirements, consistent with 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 parcel map meets the requirements of the La Habra Subdivision Ordinance and Subdivision Map Act.

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 22 units. The proposed project consists of 10 units, for a maximum density of 16 units to the acre. 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 is located in an urbanized setting, isolated from other natural open space areas. The project site's location 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. 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 proposed 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 projects 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 exterior masonry walls of the adjacent residences. The project's contractors will be subject to the City's Noise Ordinance to ensure construction noise levels are less than significant. Traffic associated with the proposed project will not be great enough to result in a measurable or perceptible increase in traffic noise. As for Air Quality, the project's Localized Emissions Thresholds (LSTs) analysis indicated that the proposed project would not exceed LST thresholds. Water Quality will be addressed within the 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 a recorded 10-foot wide sewer easement that runs through the property, near the southerly property line, as depicted on the Tentative Map. The easement has been taken into consideration as the main residential units have been designed away and outside of the easement boundary. Therefore, the design 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. In addition, the development of new residential units will remove a nonconforming use to a land use that conforms to both the General Plan and the Zoning Ordinance.

In 2013 and 2019, the City Council amended the General Plan and Zoning Map, to change the subject parcel's land use designation and zoning, respectively. The intent of these amendments was to allow for the development of high density residential uses, and facilitate the removal of obsolete land uses and the improvement of underutilized properties, with the goal of providing a project that is in the best interest of the public health, safety and welfare of the community. That is the case with the proposed project as it involves the removal of the landscape contractor's yard. The property will be improved with a residential project that meets the General Plan's goals and polices and zoning standards. The area will be revitalized by providing new market rate housing. It should be noted that the project includes a condition of approval that requires the review and approval of Covenants Conditions and Restrictions (CC&Rs) which will establish the rules, limitations and requirements for the use of the property. The CC&Rs will also identify a Homeowners Association (HOA) that will be responsible for the continued maintenance and upkeep of the project site. 

The subject lot abuts single-story, single-family residential units located along the northerly and easterly property lines. The project has been designed in compliance with the required side and rear yard setbacks, which require a 10-foot setback for the first floor and a 15-foot setback for the second and third floors. Similarly, the proposed buildings will be setback 20 feet to the easterly property line. The varied building setbacks reduce the building mass and reduce the scale of the condominium units away from the adjacent singe-family residential neighborhood. An additional measure that the developer is implementing is the planting of Cypress trees along the northerly and easterly property line. The trees can grow up to 40-60 feet tall, which over time will help screen the project and soften the overall appearances of the three-story buildings. Therefore, the nature of the proposed land uses and the design is appropriate for the proposed location and is compatible to the surrounding land uses and improvements.

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 policies 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 27,245 square feet). The project is also located within a residential area as all the surrounding parcels are zoned for residential uses. The property abuts single-family homes along the northerly and easterly property lines. 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 further 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 also 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 emphases the reduction in the number of vehicle trips and vehicle 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. Based on those two factors, the project is not subject to a VMT analysis.

In addition, according to the Environmental Assessment, which utilized the Institute of Transportation Engineers (ITE) Trip Generation, the proposed 10 unit project is expected to generate 73 daily trips, while the existing storage yard generates 41 daily trips. The estimated net change following the proposed development is 32 daily trips. Traffic generated from the project, specifically within two of the nearest intersections, will experience minimal impacts during both AM and PM peak hour periods and no mitigation is required. Therefore, the approval of the project would not result in any significant effects relating to traffic. 

Finally, 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 sewers 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 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 property is 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 16 units per acre not exceeding the property's maximum allowable density of 22 units.  The project has also been designed to provide common and private open space areas, with the common areas improved with onsite amenities such as picnic tables and barbecues for use by the 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 10 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 remove a nonconforming use to 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.