This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15302(b), Class 2: "Replacement or Reconstruction" of the CEQA Guidelines. The project involves the replacement of an existing water dispensing kiosk with a new water dispensing kiosk.

That the Planning Commission approve:

A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING MODIFICATION 23-02 TO AMEND CONDITIONAL USE PERMIT 98-71 FOR THE OPERATION OF A WATER DISPENSING KIOSK (OUTDOOR VENDING MACHINE) LOCATED AT 1581 WEST WHITTIER BOULEVARD, #1A, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15302(B), CLASS 2: "REPLACEMENT OR RECONSTRUCTION" OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES

The Applicant, Lakeside Resources, LLC, is requesting approval of Modification 23-02, to amend Conditional Use Permit 98-71, to replace an existing water dispensing kiosk with a new water dispensing kiosk, located at 1581 West Whittier Boulevard, #1A. The proposed standalone kiosk is located within the parking lot of the La Habra Gateway Shopping Center, which is home to a variety of commercial uses including O'Reilly Auto Parts, DaVita Dialysis, and several dining establishments. The La Habra Gateway Shopping Center is located at the northeast corner of West Whittier Boulevard and Hacienda Road as shown in Exhibit 1. The General Plan designates the subject property as Neighborhood Commercial land use, and it is in the Commercial (C-2) Zone, which implements the General Plan Neighborhood Commercial land use designation. The subject property is bordered on the north side by single family residences, and commercial shopping centers to the east, to the south (across Whittier Boulevard), and to the west (across Hacienda Road).

EXHIBIT 1


The existing water dispensing kiosk has been operated by Watermill Express at this location since its original Planning Commission approval in 1998. The kiosk is currently located near the entrance to the shopping center off of Whittier Boulevard and occupies two parking spaces within the center as shown in Exhibit 2. The current kiosk features a Windmill design to match the Watermill Express logo/brand, and is painted white and blue. It currently features two water dispensing stations. The kiosk offers 24/7 access to customers. Customers access the kiosk by parking their vehicles adjacent to the kiosk and walking up to the kiosk.The exterior of the kiosk is cleaned daily and undergoes weekly maintenance.

EXHIBIT 2


The proposed kiosk design is a prefabricated design unit consistent with Watermill Express' brand design as shown in Exhibit 3 below. However, the Applicant is proposing to paint the kiosk to better match the existing shopping center. The Applicant has also proposed an additional perforated metal screening, which would be affixed to the parapet in order to fully screen the rooftop equipment. The screening will be painted white to match the structure. Other improvements include, improved ADA access to the kiosk, as well as new railing, bollards, and landscape planters along the sides of the kiosk. The new kiosk adds an ice dispenser in addition to the two water dispensing stations. Although the footprint for the proposed structure and concrete pad is larger than what is presently at the site, the new proposal still fits within the same two parking spaces it currently occupies. The operation characteristics and maintenance of the kiosk will remain the same.

EXHIBIT 3


ANALYSIS

Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, Planning Commission approval of a Conditional Use Permit (CUP) is required for outdoor vending machines in the C-2 zone. In this instance, since CUP 98-71 has already been approved for the operation of a water dispensing kiosk, the Applicant is requesting a modification (Modification 23-02) to CUP 98-71 to install a new, larger water dispensing kiosk. In order to grant the modification, the Planning Commission must make the findings below, which are the same findings required for a CUP. Following each finding, staff has provided justification to make said finding.

1. The granting of such 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 attached conditions of approval for Modification 23-02 ensure that the proposed water kiosk will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of the surrounding and adjacent properties. The new kiosk will be subject to review under current Building Code requirements to ensure that it is in full compliance. Through compliance with these conditions of approval, the new water dispensing kiosk will not impair the character of the C-2 zone.

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

The proposed 120 square foot water dispensing kiosk is replacing an existing kiosk that has been a part of the existing commercial shopping center for 25 years. The day-to-day operation and use of the existing kiosk, without issue, demonstrates that the current site, and its associated parking, is adequate in shape, size, and topography to accommodate the existing use. The proposal will not result in substantial changes to the existing operation. Therefore, the subject site is physically suitable to accommodate the proposed new Watermill Express kiosk.

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

Outdoor vending machines are allowed in the C-2 zone, subject to a Conditional Use Permit, pursuant to La Habra Municipal Code Section 18.06.040.A. The operation of the water dispensing kiosk has been permitted at this location since 1998. This request would merely replace the existing kiosk and expand its current offerings; the operational characteristics of the store will remain unaffected. Over the past 25 years, the business operators have proven that they can properly manage and monitor the kiosk. Therefore, the minor modification to the existing Conditional Use Permit for the operation of a new water dispensing kiosk will continue to be compatible with the La Habra Gateway shopping center, and continue to comply with the intent and applicable provisions of the La Habra Municipal Code.

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

Granting Modification 23-02 to allow for the operation of water dispensing kiosk would be consistent with the La Habra General Plan, specifically 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.” Watermill Express is situated within the La Habra Gateway commercial center, which presently features a variety of food and retail offerings. By replacing its current kiosk and adding an ice dispenser, the Watermill Express would be able to continue to meet customer needs and further serve residents in the La Habra area. Granting Modification 23-02 is also consistent with General Plan Policy LU 5.6, to "encourage the rehabilitation of existing commercial buildings and signage that are deteriorated or inconsistent with the intended character and quality of the City." The proposed water dispensing kiosk would replace the existing kiosk with a kiosk that would better complement the shopping center.

Related Cases

• On July 26, 1998, the Planning Commission approved Conditional Use Permit 98-71 to establish a water dispensing kiosk within an existing parking lot of an existing commercial center at 1581 West Whittier Boulevard.

The Applicant has paid for the processing costs associated with the Modification application, which total $4,368.00

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:

• LU 2.2 Places to Shop. Encourage 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 which subsequently capture a greater share of local spending.
• LU 3.2: Uses to Meet Daily Needs. Encourage uses that meet daily needs such as grocery stores, local-serving restaurants, and other businesses and activities within walking distance of residences to reduce the frequency and length of vehicle trips.
• LU 5.6: Building Rehabilitation. Encourage the rehabilitation of existing commercial buildings and signage that are deteriorated or inconsistent with the intended character and quality of the City.

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

• Goal 5: Development Activity and Business Assistance.
  • Objective B: Identify underutilized commercial properties that have sales tax generating potential and work with property owners and the brokerage community to develop land to its highest and best use.