The project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15301, Class 1: "Existing Facilities" of the CEQA Guidelines because the proposed martial arts studio will operate within an existing building that requires interior tenant improvements only.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA MAKING THE APPROPRIATE FINDINGS AND APPROVING CONDITIONAL USE PERMIT 22-29 TO ESTABLISH AND OPERATE A MARTIAL ARTS STUDIO (COMMERCIAL SCHOOL) WITHIN AN EXISTING COMMERCIAL CENTER AT 1403 EAST LAMBERT ROAD, SUITE O, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS
 

The Applicant, CA Fund Investments, Inc., is requesting a Conditional Use Permit to establish and operate a martial arts studio (Manifest Brazilian Jiu Jitsu) at 1403 East Lambert Road, Suite O. The subject property is a 3.47 acre site developed with a 32,533 square foot multi-tenant commercial building consisting of 15 suites called "The Lambert Center" (see Exhibit 1). The proposed martial arts studio will occupy a 2,945 square foot tenant space (Suite O). The other building tenants in The Lambert Center include Burrito Brothers, X T Patisserie, Monster Hot Chicken, Costless Wholesale, Lambert Smoke Shop, Drea's Sweets Supply, and G Beauti Spa, Inc. There are currently two vacant tenant spaces in the building (Suites K & O). The property is located on the north side of Lambert Road immediately east of The Home Depot. The property is bordered by the Union Pacific Railroad line to the north and to the east. To the south, across Lambert Road, are industrial buildings located within the City of Fullerton; and to the west, is an ARCO gas station and The Home Depot. The General Plan designates the subject property for Light Industrial land use, and it is located in the M-1 (Light Manufacturing) Zone, which implements the General Plan Light Industrial land-use designation.

Manifest Brazilian Jiu Jitsu is a martial arts studio and gym that proposes to offer classes in Brazilian Jiu Jitsu, Self-Defense, and Muay Thai to both adults and children. Classes will be 45 minutes to 1 hour in length depending on the class, with a 15-minute gap between classes. Each class will have two instructors and the business operators anticipate an average class size of 15 students/clients, with a maximum of 25 participants per class. Pursuant to the proposed conditions of approval, no more than 30 individuals will occupy the facility at any given time.
 

The hours of operation are proposed as follows:

Monday - Friday: 6:00 a.m. - 9:00 p.m.

Saturday: 8:00 a.m. - 12:00 p.m.
 

The Applicant proposed to hold one morning class at 6:00 a.m. with the remainder of classes held between 3:30 p.m. and closing. Non-class hours will be utilized for private training sessions, and strength and conditioning. The proposed floor plan for the 2,945 square foot tenant space is shown below as Exhibit 2. The majority of the space consists of an open area gym for classes. In the rear of the suite, there are two existing locker rooms with restrooms, as well as a small kitchen and a storage room. The applicant is proposing only minor interior tenant improvements, including removing an office to create additional exercise/training space. The existing locker rooms and kitchen were added when the suite was previously occupied by a CrossFit gym. No additional square footage is being added. 

Staff recently visited the property and discovered that there are outdoor storage violations, which are the responsibility of neighboring tenants. The City's Code Enforcement staff will work to address these violations with the property owner and separate tenants.

Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, the approval of a Conditional Use Permit (CUP) is required for the establishment of commercial schools in the M-1 (Light Manufacturing) Zone. In order to grant the CUP for this request, the Planning Commission must make the findings below. Following each finding, staff has provided the justification to make said finding.

1. The granting of the Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
 

The resolution to approve CUP 22-29 includes conditions of approval to ensure that the proposed martial arts studio will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and enjoyment of surrounding and adjacent properties. In this case, the following project specific conditions were applied to limit the impact of the proposed commercial school:
 

1. The business hours of operation shall be limited to commencing at 6:00 a.m. and closing no later than 10:00 p.m., seven days a week.
2. The property owner/business operator shall conduct no more than one class at a time, with a maximum of 25 participants per class. The property owner/business operator shall not permit more than 30 individuals to occupy the facility at any time.
3. The property owner/business operator shall keep all doors to the martial arts studio closed during the business hours of operation to minimize any noise that may be emitted.
4. The property owner/business operator shall comply with the La Habra Noise Control Ordinance (Chapter 9.32 of the La Habra Municipal Code) at all times during the business hours of operation of the facility.
5. The property owner/business operator shall not conduct any business activities outside of the building.
6. The property owner/business operator shall submit final plans that show all compact parking spaces will be re-striped as full sized (each nine feet by eighteen feet) parking spaces to the satisfaction of the Director of Community and Economic Development and/or their designee prior to the issuance of any building permits.

Through compliance with the conditions of approval, the operation of the martial arts studio will not impair the character of the M-1 (Light Manufacturing) Zone in which it is to be located.

2. The subject site is physically suitable for the type of land use being proposed.
 

The subject 2,945 square-foot tenant space is part of an established commercial center. The tenant space was previously used as a CrossFit gym, which demonstrates that the existing tenant space is of adequate size, shape, and topography to accommodate the martial arts studio. The proposed land use type best aligns with the commercial school category. Pursuant to the conditions of approval, the martial arts studio will have a maximum of 30 occupants at any given time. Using the commercial school parking requirements set forth in Table 18.14.060.B.2 of the La Habra Municipal Code (LHMC) (0.35 spaces per student, per session), the facility would require 11 parking spaces at maximum occupancy. The remainder of the property requires 106 spaces. In total, the property requires 117 parking spaces to accommodate the current uses. An inspection of the property revealed that there are compact parking spaces on the property. Per LHMC Section 18.14.070(A)(1), compact spaces are not permitted. The previous use of the tenant space as a CrossFit gym required 9 parking spaces based on an estimated class size of 8-10 participants per class. Because the martial arts studio constitutes an intensification in the use, the parking spaces must be upgraded to current code standards (LHMC 18.14.060(E)(2)). Therefore, a condition of approval has been added to ensure this change is made. The property currently has 168 parking spaces provided on site. While eliminating compact parking spaces may result in fewer parking spaces, the property has 51 parking spaces in excess of the City's requirement and will still be able to comply with the City's parking requirements.
 

 3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions.
 

The subject site is located in the M-1 (Light Manufacturing) Zone, which conditionally allows for the operation of a martial arts studio (commercial school). With the incorporation and implementation of the conditions of approval, the use will be harmonious with the surrounding land uses and comply with the intent of all applicable provisions of Title 18 of the La Habra Municipal Code.

4. The granting of the Conditional Use Permit is consistent with the General Plan.
 

Granting CUP 22-29 to allow for the operation of a martial arts studio (commercial school) will be consistent with La Habra's General Plan Policy LU 11.1 which encourages “the development of a broad range of uses in La Habra’s commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.” The subject property is situated on Lambert Road, adjacent to La Habra's border with the City of Fullerton. By adding a martial arts studio at this site, Manifest Brazilian Jiu Jitsu adds another fitness option within La Habra. It also provides more variety to the mix of uses in the existing commercial center.

The Applicant has paid for the processing costs associated with the Conditional Use Permit, which total $6,491.00.

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 no disturbance of soil will occur, the project is exempted by the Water Quality Ordinance from the preparation of a WQMP.

The proposed project is related to the following General Plan policies:

The proposed project is related to the following City Council Goal and Objective: