Planning commission approves zoning changes to implement SB 9 and SB 450 in La Habra

The La Habra Planning Commission on Monday voted unanimously (4-0) to recommend the City Council adopt a zoning amendment (Zone Change ZC-205-054) implementing state laws Senate Bill 9 and Senate Bill 450. The changes add local parcel-map and two-unit development provisions to the city's subdivision (Title 17) and zoning (Title 18) codes.

Planning Manager Sonia Louie presented the proposal and summarized key state requirements: ministerial processing within 60 days for eligible two-unit developments or urban lot splits; no objective standards may be applied that would effectively preclude construction of up to two units of 800 square feet or smaller; minimum lot-size rules for splits (no lot under 1,200 square feet and no more than a 60/40 split in size); a property owner must occupy one of the newly created lots for at least three years when using an urban lot split; and the law disqualifies parcels in certain areas (historic districts, hazardous waste sites, special flood hazard areas, protected habitat) or where demolition would displace a tenant within the prior three years.

Commission discussion focused on access, fire and public-safety implications, and how the local draft addresses flag lots and parcels with private roads. The city attorney clarified that the state provisions require access and that the draft ordinance includes language for easements (a 10-foot minimum where appropriate) and allows the building official or fire department to require wider easements when necessary. Staff also noted that the ordinance includes a high bar for denial: the city may deny a proposed project only upon a written finding, supported by a preponderance of evidence, that the project would cause a specific adverse effect on public health or safety that cannot be feasibly mitigated.

The Planning Commission moved to approve the resolution recommending City Council adopt the zone change; the motion passed 4-0 and will be forwarded to the council. Staff characterized the change as necessary to bring La Habra's code into compliance with state law and noted that many cities adopted similar code updates earlier in the year.

What happens next: The Planning Commission's resolution will be placed on the City Council agenda for consideration. Projects applying under the new provisions will still be subject to objective safety requirements and the narrow denial standard in state law.

Sources: Planning Commission staff report and meeting transcript.