This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303(c) Class 3: "New Construction or Conversion of Small Structures" of the California Environmental Quality Act Guidelines.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING DESIGN REVIEW 22-03 FOR THE CONSTRUCTION OF A 3,450 SQUARE FOOT COMMERCIAL BUILDING AT 1130 SOUTH BEACH BOULEVARD, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS.

The Applicant, La Habra Associates, LLC, is proposing to demolish a 3,450 square foot commercial building (formerly "Plus Karaoke") and construct a new 3,450 square foot commercial building subdivided into two suites. The subject building is located near the northwest corner of the integrated shopping center (La Habra Marketplace), situated on the north side of Imperial Highway between Beach Boulevard and Idaho Street. The La Habra Marketplace is approximately 35 acres in area and contains 14 pad buildings, 3 drive-through restaurants, and 2 multi-tenant buildings that contain a variety of retail uses, restaurants, a movie theater, and professional/service-oriented businesses. The La Habra Marketplace is designated by the General Plan for Community Shopping Center 2 land use and located within the C-2sH (Community Shopping Center High Density) Zone, which implements the Community Shopping Center 2 General Plan land use designation.

The existing building at 1130 S. Beach Boulevard was constructed in 1969 and occupied by Western Federal Savings from 1970 to 1995.The building was later occupied by Remax as a real estate office from 2003 to 2007. The building's use was changed to a music studio with the approval of CUP 07-23 in 2007. Discretionary permits have been approved over the years to include a music studio/karaoke/restaurant with a Department of Alcoholic Beverage Control (ABC) Type 41 On-Sale Beer & Wine License. The discretionary permits remain active and will expire December 31, 2022.

The main entrances to the two suites in the new building will be located on the southeast side of the building, facing the shopping center parking lot. Patio areas with decorative pavers will be located next to the entrances. Suite A is located within the southern portion of the building, near the Denny's restaurant, and has a floor area of 2,100 square feet. Suite B is located within the northern portion of the building, adjacent to an existing driveway that provides vehicle access to the shopping center from Beach Boulevard. Suite B has a floor area of 1,350 square feet. The Applicant intends to lease the two suites to two separate restaurant operators. A trash enclosure, serving both suites, will be constructed approximately 18 feet from the Beach Boulevard right of way. The trash enclosure will include wall mounted trellises and vine pockets facing west towards Beach Boulevard and south towards Denny's. Vines will be planted along these elevations to help screen the enclosure and deter graffiti.

The proposed project is before the Planning Commission pursuant to the La Habra Municipal Code (LHMC) Section 18.32.050.C.2 which requires a Design Review for all new development and major remodeling within the C-2sH zone. Such projects are subject to standards and requirements set forth in Chapter 18.68 Design Review of the LHMC. In order to approve a design plan, the following findings must be made:

The General Plan's goals and policies encourage the rehabilitation and renovation of underutilized commercial centers with the goal to revitalize the area. The proposed project fulfills those goals by demolishing a 53-year-old commercial building and reconstructing a modern 3,450 square foot commercial building (same size as the original) and subdividing the building to create two suites. The proposed project is approximately 200 feet northwest of a 7,500 square foot commercial building, located at 1901 West Imperial Highway, that includes a drive-through Starbucks, See's Candies, Crumble Cookies, and Board and Brew. The building at 1901 West Imperial Highway was approved by the Commission in 2018 and constructed in 2019, and now sets the architectural precedence for all future projects within the center.  Staff has reviewed the architectural style of the proposed project and determined that it will match the architectural style of the building at 1901 West Imperial Highway. In addition, the proposed commercial building complies with all the C-2sH zone development standards including the building setbacks, building height and floor area ratio.

As discussed above, the new building will be constructed in the same general location and will be the same size as the existing Plus Karaoke building. Therefore, the construction of a "like for like" commercial building in terms of building area, is not anticipated to significantly impact the parking demand within the center. The parking impacts for the shopping center were analyzed in the addendum to the Starbucks 2018 parking study prepared by p2sk Engineers, dated August 2020.  The approved parking study concluded that peak parking periods varied within the center allowing for a surplus of parking spaces at different times of the day, thus not creating a parking deficiency.  The Applicant intends on leasing both suites to two different restaurant operators, however, the restaurant operators are not known at this time. The larger 2,100 square foot suite, Suite A is proposed to acquire the active CUP for the operation of a restaurant, that was previously approved for Plus Karaoke, and possibly the (ABC) Type 41 On-Sale Beer & Wine License. Staff will determine if any additional entitlements will be required for the uses proposed within the new building once additional information regarding the tenants of the two suites has been provided by the applicant. In addition, once the actual tenants are known, staff will determine whether the uses are consistent with the uses analyzed in the previously prepared parking study or if a subsequent addendum needs to be prepared. It should also be noted that with the recently adopted Ordinance 1839 approving Zone Change 22-01, Food to Go Restaurants with limited interior seating are allowed outright, meaning that both suites, could be leased to food to go type restaurant operators and not require Planning Commission review or approval. Zone Change 22-01 also amended the parking standards in which food to go type restaurants, have the same parking requirements as a retail use.

The Applicant's proposal has been reviewed pursuant to the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit, 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 Community Shopping Center 2, which is characterized by a variety of commercial uses serving the larger citywide area, as well as, the immediate surrounding communities. These centers typically have a principal outlet or anchor that includes a variety store, supermarket, or home improvement store; and, a range of food, convenience goods, and specialty retail/merchandise commercial uses. The construction of a new modern commercial building the same size as the original is in consistent with the General Plan. The General Plan's goals and policies encourage the rehabilitation and renovation of underutilized commercial centers with the goal to revitalize the area.

The project implements Polices LU 2.2 Places to Shop, LU 3.2 Uses to Meet Daily Needs, LU 4.1 Development Compatibility, LU 4.4 Design Review, LU 5.6 Building Rehabilitation, LU 11.2 Diversity of Uses, LU 11.6 Enhanced Design Character, and LU 11.7 Architecture and Site Design, of the General Plan 2035.