This 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 project involves interior tenant improvements to an existing commercial building to achieve a commercial recreation facility in conjunction with a restaurant located in an existing commercial shopping mall. The site is zoned for commercial uses. The operation of a commercial recreation facility and restaurant do not involve the use of hazardous substances; all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.
 

Recommendation:

That the Planning Commission approve:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING CONDITIONAL USE PERMIT 23-04 AND CONDITIONAL USE PERMIT 23-07 TO ESTABLISH AND OPERATE A COMMERCIAL RECREATION FACILITY IN CONJUNCTION WITH A RESTAURANT KNOWN AS LITTLE WORLD KIDS PLAYGROUND & GAMES LOCATED AT 1377 WEST WHITTIER BOULEVARD IN THE LA HABRA TOWNE CENTER, 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 15301, CLASS 1: “EXISTING FACILITIES” OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES.

The Applicant, Kevin Nguyen, is requesting two Conditional Use Permits (CUP) to establish and operate a commercial recreation facility in conjunction with a restaurant in an existing 12,515 square foot tenant space within an existing shopping center.   The subject property is located on one of several parcels that comprise the La Habra Towne Center (highlighted in red in Exhibit 1 below) located on the northwest corner of Whittier Boulevard and Idaho Street (see Vicinity Map, attachment 1). The La Habra Towne Center offers 102,185 square feet of retail space. It is anchored by the Northgate Gonzalez Market and is home to St. Jude Providence Medical Offices, CVS Pharmacy, KC Nails & Spa, Ray Fernandez Real Estate, La Habra Family Vision Center, Sunny Hills Barber Shop Wateria, and T-Mobile. The La Habra Town Center is also occupied by a variety of food and beverage services including Jack-In-The-Box, Tierra Mia Coffee, Yogurtland, Waba Grill, The Crab Shack, Higo Sushi, Smoke and Fire Eatery and the Motiva Juice Bar. The General Plan land use designation for the site is Highway Commercial land use. The property is within the C-2 (Commercial) Zone, which implements the property's General Plan land use designation.

To the north of the project site, there is an established single-family residential neighborhood that is designated by the General Plan for Low-Density Residential land use. The properties to the east of the site, across North Idaho Street and along Whittier Boulevard, share the same General Plan land use designation as the La Habra Town Center. La Habra High School is located southeast of the La Habra Towne Center, across Whittier Boulevard and Idaho Street. To the south of the site, across Whittier Boulevard, there are a variety of commercial uses, including Señor Campos and Big 5 Sporting Goods, as well as La Bonita Park. Properties east of Corto Way are also designated for Highway Commercial land use; properties west of Corto Way are designated for Corridor Mixed Use 1 land use. To the west of the project site, is the La Habra Gateway shopping center, which is anchored by O'Reilly Auto Parts and designated by the General Plan for Neighborhood Commercial land use.

EXHIBIT 1 – AERIAL PHOTOGRAPH





EXHIBIT 2 – FLOOR PLAN



Proposed Business Operations

Little World Kids Playground & Games (the "proposed use") is a commercial recreation facility in conjunction with a restaurant that caters to children and specializes in children’s birthday parties and similar children’s events. The proposed use includes a large indoor playground which contains a variety of slides, gliders, space tubes, climbing walls and ball pits geared for young children. The proposed use will also have a small area for arcade games. The proposed restaurant is ancillary to the indoor playground and encompasses less than 10 percent of the tenant space. The proposed restaurant will offer popular kid's menu items including a variety of pizzas, corn dogs, chicken wings, sandwiches, popcorn chicken, sweets, and soft drinks. There are no alcohol sales proposed. While this is a new business in La Habra, the Applicant currently operates the same type of business in Garden Grove.

The proposed hours of operation are Monday – Sunday, from 10:00 AM - 8:00 PM. The proposed use will offer open access to the public unless an event is pre-scheduled. The proposed use will host a variety of special events (i.e, birthday parties, etc.) at fixed times: 11:00 AM, 2:00 PM, and 5:00 PM. The operator will encourage parents to be present with their children and everyone must sign a waiver before entering the playground. The operator requires at least one adult to accompany each group of children throughout their playtime in the playground area. A trained staff member will be assigned to monitor the entrance to observe and ensure the safety of children and the security of the commercial recreation facility and restaurant during business hours. The maximum permitted occupancy based on the size of the facility is 280 people. The Applicant anticipates that the total daily foot traffic will range from 100 to 400 customers throughout the week, with peak attendance during the weekend. The proposed use will have 27 staff members (which includes both part-time and full-time employees) that will work either morning and/or evening shift(s). The morning shift begins at 10:00 AM and ends at 3:00 PM. The evening shift will begin at 3:00 PM and end at 8:00 PM. Each shift is staffed with approximately seven to nine employees.

                                                                             

Exhibit 2 shows the floor plan for the proposed use. All indoor playground and restaurant activities will encompass a total of 12,515 square feet. The commercial recreation center includes a playground area, dining area, arcade area, kitchen, two birthday rooms, and bathroom facilities. The Applicant will need to submit building plans for interior tenant improvements to ensure compliance with the California Building Codes. These same plans will also be subject to approval from the LA County Fire Department and Public Health Services Department. No recreation or restaurant activities are proposed to occur outside the building. With the implementation of the conditions included in the draft resolution (Attachment 2), staff believes that the proposed use will be harmonious with the surrounding uses.

Required Parking

The La Habra Municipal Code (LHMC) does not identify a parking requirement for a commercial recreation facility in conjunction with a restaurant. The La Habra Towne Center currently provides 482 parking spaces, which are intended to be shared by all of the tenants in the same shopping center. To ensure sufficient parking capacity, the applicant submitted a parking study prepared by K2 Traffic Engineering, Inc., dated February 13, 2024.  The parking study considered the hours of operation and peak parking usage by the mix of all land uses in the La Habra Towne Center, as well as the project specific parking demands by comparing parking usage at the same type of business located in Garden Grove. Based on the analysis of this data, the parking study anticipates that the proposed commercial recreation facility in conjunction with a restaurant will require 1.8 parking spaces for each 1,000 square feet (23 parking spaces).

The parking study included a survey of the entire shopping center. The survey identified that during the peak parking demand, which is Saturdays at 2:00 pm, the shopping center has a parking surplus of 136 spaces. The parking areas (Zones H and I identified in Attachment 3 - Parking Study) located near the project tenant space, had 82 parking spaces available during the peak parking period, far more than the 23 parking spaces that were anticipated by the parking study. As a result, the project is not expected to overflow onto other zones or the streets. The City's Traffic Engineer reviewed the parking study and agreed with its findings.

 

Analysis

CUP 23-04

Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, approval of a Conditional Use Permit (CUP) is required for the establishment of a commercial recreation facility. In order to grant the CUP for this request, the Planning Commission must make the findings below. Following each finding, staff has provided 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 establishment and operation of the proposed use will require interior tenant improvements only, which will be reviewed during the City’s building plan check process to ensure compliance with the California Building Codes. This process will necessitate inspections by the City’s Building and Safety staff before a Certificate of Occupancy is issued. Furthermore, the Applicant will be following all safety regulations pertaining to playground equipment checks, playground safety rules signs, waivers, staff monitoring, and fire alarms in place to ensure operational safety at all times. No commercial recreation activities are proposed to occur outside of the building. Further, the proposed use will be located within an existing shopping center. The property is located in the C-2 (Commercial) Zone. Surrounding uses include a grocery store, a pharmacy, restaurants, a coffee shop, and medical and professional offices. The conditions of approval for CUP 23-04 ensure that the proposed commercial recreation facility, including an indoor playground and arcade, will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and enjoyment of surrounding and adjacent properties. Through compliance with the conditions of approval, the addition of the commercial recreation facility to the site will not impair the character of the C-2 zone. Rather, it is expected that the proposed commercial recreation facility and restaurant operations will integrate harmoniously with other commercial uses within the same shopping center.

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

The subject site is a 12,515 square foot tenant space within the established La Habra Towne Center, The site is within the C-2 (Commercial) Zone, which accommodates a variety of commercial uses and services pursuant to LHMC Table 18.06.040.A - Land Use Matrix. The plans for the proposed use show that the existing commercial building is adequate in size, shape, and topography to accommodate the proposed use. Since there are no changes to the exterior of the building and/or site, the existing vehicular access points and on-site circulation will continue to serve the site as it does today. The Applicant also provided a parking study, prepared by K2 Traffic Engineering, Inc., dated February 13, 2024, which analyzed project specific demand, current parking usage in the overall center and a shared parking analysis including all existing and proposed commercial uses in the La Habra Towne Center. The parking study included a parking survey of the La Habra Towne Center; parked vehicles were counted every hour during the business hours of 10:00 am to 9:00 pm over a period of three days (Thursday, Saturday and Sunday). The parking survey results indicated higher parking usage occurred on Saturday at 2:00 pm. More specifically, about 40% of the parking lot areas (parking zones serving the project) were being utilized, making as many as 82 parking spaces available for the project during this peak parking period, thereby far exceeding the number of parking spaces anticipated by the parking study for the proposed use. Therefore, the subject site will be physically suitable to handle the establishment and operation of the proposed commercial recreation facility.
 

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 C-2 Zone, which conditionally allows for the operation of a commercial recreation facility. With the incorporation and implementation of the conditions of approval, the use will be harmonious with the surrounding land uses. The proposed use does not involve any exterior modification to the site, so the site remains in conformance with all applicable requirements of the C-2 Zone.

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

Granting CUP 23-04 to allow for the operation of a commercial recreation facility 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.” While the subject property is home to a variety of commercial services and uses, the proposed commercial recreation facility will be the first of its kind within the La Habra Towne Center. By allowing the establishment of a commercial recreation facility at this site, families will have another special event venue to choose from within the City limits.

CUP 23-07
Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, approval of a Conditional Use Permit (CUP) is required for the establishment of a new restaurant. In order to grant the CUP for this request, the Planning Commission must make the findings below. Following each finding, staff has provided 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.

Given that the commercial recreation facility will be the main attraction of the proposed use, it is anticipated that customers will appreciate the convenience of having food and beverages available to them while visiting the commercial recreation facility. The proposed restaurant will also be subject to review for conformance with the California Building Codes, ADA regulations and public health requirements to ensure safe operations. The conditions of approval for CUP 23-07 ensure that the proposed restaurant will not unreasonably interfere with the use, possession, and enjoyment of surrounding and adjacent properties and not be detrimental to the public welfare. Through compliance with the conditions of approval, the proposed restaurant will not impair the character of the C-2 Zone. Rather, it is expected that the proposed restaurant will enhance the indoor playground experience.

 

The 12,515 square foot tenant space is part of an established commercial center known as the La Habra Towne Center shopping center. The proposed plans for the project together with the day-to-day operations of the existing shopping center demonstrate that the site is adequate in size, shape, and topography to accommodate the proposed restaurant, which includes a dining area that encompasses less than 10 percent of the tenant space and will be ancillary to the proposed commercial recreation facility. To further ensure the site will be suitable, the Applicant also provided a parking study, prepared by K2 Traffic Engineering, Inc., dated February 13, 2024, which analyzed project specific demand, current parking usage in the overall center and a shared parking analysis including all existing and proposed commercial uses in the La Habra Towne Center. The parking study included a parking survey of the La Habra Towne Center; parked vehicles were counted every hour during the business hours of 10:00 am to 9:00 pm over a period of three days (Thursday, Saturday and Sunday). The parking survey results indicated higher parking usage occurred on Saturday at 2:00 pm. More specifically, about 40% of the parking lot areas (parking zones serving the project) were being utilized, making as many as 82 parking spaces available for the project during this peak parking period, thereby far exceeding the number of parking spaces anticipated by the parking study for the proposed use. Therefore, the subject site will be physically suitable to handle the establishment and operation of the proposed restaurant.
 

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 C-2 Zone, which conditionally allows for the operation of a restaurant. With the incorporation and implementation of the conditions of approval, the use will be harmonious with the surrounding land uses. The proposed use does not involve any exterior modification to the site, so the site remains in conformance with all applicable requirements of the C-2 Zone.

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

Granting CUP 23-07 to allow for the operation of a restaurant 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.” While there are currently a variety of other restaurants, the proposed restaurant enhances the indoor playground experience, by providing a full menu of food and beverages that are typically enjoyed by children. By adding a restaurant in conjunction with a commercial recreation facility, the Applicant will be able to offer a one-of-a kind children’s special event venue in La Habra, which will be conveniently located within walking distance of nearby existing residential neighborhoods in the immediate vicinity and add to the vibrancy and variety of the La Habra Towne Center.

The Applicant has paid for the processing costs associated with the Conditional Use Permits, which total $13,507.00.

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.