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La Habra Heights council advances revised housing‑element draft; schedules workshop Jan. 20

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Summary

City council held a public hearing on a revised 2021–2029 housing element, heard extensive public safety and infrastructure concerns, and voted to continue the item to a Jan. 20 workshop while preparing a draft to submit to HCD by Jan. 27.

La Habra Heights — The City of La Habra Heights City Council on Jan. 13 heard a revised draft of the 2021–2029 housing element, took public comment focused largely on wildfire risk, roads and sewer access, and voted to continue the item to a public workshop on Monday, Jan. 20 at 1 p.m.

The housing element draft must be submitted to the California Department of Housing and Community Development (HCD) by Jan. 27 for formal review. Council and staff said the submission is part of a stipulated judgment with the state and is intended to move the city toward a certified housing element, which the city has not previously obtained.

City Attorney (Mr. Lipfin) framed the legal stakes for residents: “This is all driven by the state of California,” he said, explaining that state housing law and the Regional Housing Needs Allocation require jurisdictions to identify sites and zoning that allow construction of their assigned unit total — in La Habra Heights’ case, 244 units. He warned that without a certified element the state can restrict local land‑use authority and that developers could use the “builder’s remedy” to seek approvals that override local zoning.

Why this matters

A certified housing element preserves local permitting authority and reduces the risk of state or court orders that would allow higher‑density development without local entitlements. HCD reviewers raised issues with the city’s earlier site selections, chiefly sewer availability for a previously‑identified Harbor Boulevard site. Staff and the city’s housing consultant scoped alternate sites primarily along Hacienda Road and evaluated existing capacity from ADUs and some church properties as potential contributors to the city’s RHNA (Regional Housing Needs Allocation) obligation.

Discussion and evidence

City staff described four types of potential capacity the draft considers: (1) sites along Hacienda Road with existing utility connections, (2) a city‑owned parcel on West Hacienda, (3) parcels north of City Hall and adjacent to the Water District, and (4) limited potential at an active school site near City Hall (the school site was described as less viable because it is active but noted as having had expressions of interest from the school board). The staff presentation stated the city’s previous Harbor Boulevard site lacked sewer service; HCD declined to certify a housing element relying on a site without demonstrated sewer access.

The draft remains just that — a draft — and no rezonings or approvals were adopted Jan. 13. Staff said they would submit the draft to HCD on Jan. 27 for a formal review that could produce a comment letter, a request for revisions, or a pre‑certification opinion that the draft substantially meets state law.

Public safety and infrastructure concerns dominated public comment. Longtime residents and local officials repeatedly urged the council to weigh wildfire evacuation capacity, narrow hillside roads, lack of sewer mains (much of the city uses septic), limited public transportation, and other infrastructure constraints when selecting candidate sites. Representative public speakers included:

- Glenn Shepherd (resident): “We live in a semi‑forest‑like environment... We’re in a very high risk fire danger area.” He urged the council to “defend our general plan” and pursue Harbor Boulevard rezoning instead of concentrating units on Hacienda Road.

- Ray Fernandez (resident; current planning‑commission vice chair, speaking as a private citizen): said the Harbor Boulevard site is “the best site” despite sewer costs, and read a developer’s note estimating about $2,000,000 to extend sewer service roughly 1.5 miles to a Harbor site.

- Kwan Lee (chair, Public Safety/Emergency Preparedness Committee): warned that narrow, winding roads and a single main egress would make evacuations dangerous and urged the council to prioritize evacuation and fire‑safety impacts when choosing sites.

Several speakers called for aggressive brush clearance and clearer resident notification; others raised oil‑field setback issues linked to Senate Bill 1137 and pointed to potential health‑protection setback zones.

Council response and next steps

Councilmembers said the city is constrained by state law and a stipulated judgment, and emphasized the process goal is to identify sites the city can reasonably defend to HCD while minimizing local impacts. The council voted to continue the housing‑element public hearing and hold a focused workshop Monday, Jan. 20, 2025 at 1 p.m. to go over candidate sites, compile public input, and refine arguments for HCD submittal.

In a summary of related actions taken during the meeting, the council: adopted a resolution confirming unpaid brush‑clearance costs (assessment action), initiated proceedings to vacate La Habra Road in Powder Canyon (to preserve a 20‑foot emergency easement while removing the road from the city’s roadway network; public hearing set for Feb. 10), adopted a 2025 legislative platform, filed required FPPC Form 806 updates, adopted a Title VI (Federal Transit Administration) update and approved a contract for EMS coordinator services. Several administrative and appointment items were also approved.

“We don’t have a lot of strong cards here,” Councilmember (speaker identified in the record as) Stoeffler said, urging residents to continue organizing regionally and politically to press for statutory changes. The council and staff invited residents to submit written comments in advance of the Jan. 20 workshop and said they will post the draft and any meeting materials online and accept written input up to the state submittal deadline.

Ending

The council set a follow‑up workshop for Monday, Jan. 20 at 1 p.m. and confirmed the housing‑element draft will be sent to HCD by Jan. 27 for formal review. The meeting record and staff materials will be posted on the city website and returned to the council for further public hearings after HCD responds.