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La Habra planning commission backs new 'minor' CUP process to speed low‑impact businesses
Summary
The La Habra Planning Commission voted 4-0 to recommend that city council repeal and replace Chapter 18.66 of the municipal code and create a lower‑cost, administrative “minor conditional use permit” (MCUP) for low‑impact uses, while retaining public hearings for controversial cases.
The La Habra Planning Commission voted 4-0 on May 20, 2025, to recommend that the City Council adopt an ordinance repealing and replacing Chapter 18.66 of the La Habra Municipal Code to create a new, lower‑cost “minor conditional use permit” (MCUP) process for certain uses that now require a conditional use permit (CUP).
Director Susan Kim of the Community and Economic Development Department told the commission the change was initiated by the City Council “in order to create a more business friendly environment in the city and to reduce cost to certain businesses.” She described the proposal as the first of a two‑step process: establish the MCUP approval process administratively, then return with the specific list of uses that would qualify.
The MCUP would be approved by the planning director rather than the planning commission in most cases. Kim said MCUPs would not require a public hearing; notices would go to immediately adjacent property owners and any unresolved objections, CEQA exemptions, or linkages to other requests would elevate the matter to the planning commission as a full CUP.
Kim described procedural and substantive changes in the draft ordinance: moving findings earlier in the code, requiring a description of operations (hours, staffing) for permit review, differentiating mailing lists for MCUP versus CUP (adjacent owners vs. 300‑foot radius), lengthening the period before an unused CUP may be terminated, and adding notification and appeal steps before termination. She also explained proposed fees: current CUP costs are “just under $7,000,” and staff compared neighboring cities where fees range roughly from $3,000 to $10,000. The MCUP administrative process was described as being closer in cost to an existing administrative adjustment (about $386), plus a $458 notice of exemption fee for CEQA purposes.
A La Habra resident, Kristin De Leon, urged the commission to reconsider the existing $7,000 CUP fee as prohibitive for small businesses. “Seven thousand dollars is an astronomical fee that does not even guarantee an approval,” De Leon said, adding that she had been quoted $6,000 previously and was concerned about long waits for approval and the city’s competitiveness with neighboring jurisdictions.
Commissioners discussed notice and scope: staff said the 300‑foot notice would be used for projects likely to be controversial, while MCUPs were intended for uses expected to generate few impacts (for example, small dance or fitness studios, tutoring businesses, small showrooms, or limited industrial showroom uses). Kim said the city would examine whether restaurants, alcohol sales, and drive‑throughs should remain subject to CUP review.
Commissioner Manley moved that the commission adopt a resolution recommending City Council approval of the draft ordinance and the commission seconded; the motion passed 4-0. The planning commission’s recommendation includes a CEQA determination invoking the common‑sense exemption, cited in the motion as CEQA Guidelines section 15061(b)(3). The recommendation and draft ordinance will be forwarded to the City Council for final action.
The commission also approved the consent calendar at the start of the meeting by a 4-0 vote.
If council adopts the ordinance in a later proceeding, staff will return with a subsequent amendment listing the specific uses eligible for MCUP processing and the proposed MCUP fee schedule.
