The Planning Commission finds and determines that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1: “Existing Facilities” of the CEQA Guidelines because the Project involves no expansion of use. The proposed retail store selling pre-owned merchandise will involve interior tenant improvements only to an existing tenant space within an existing shopping center.

The Project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this Project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The Project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this Project. Therefore, the Project is categorically exempt from CEQA.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING CONDITIONAL USE PERMIT 24-01 TO  OPERATE A RETAIL STORE SELLING PRE-OWNED MERCHANDISE AT 1241 EAST LA HABRA BOULEVARD, 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, Don Henderson, is requesting Conditional Use Permit 24-01 to establish and operate a retail store that sells pre-owned merchandise (Magnolia Vintage Gifts) within a 7,200 square foot tenant space at 1241 East La Habra Boulevard. The tenant space, formerly occupied by Kanstar Outlet, until May 2, 2022, is part of a larger shopping center. Other tenants within the same multi-tenant building as the subject tenant space, include Harbor Freight, to the west, and the Hart Academy of Dance to the east.  Another multi-tenant building is located within the same shopping center to the southeast. Tenants within this building include Arthur’s Coffee Shop, Hair and Nail Casino, H&A Smoke Shop, Akshar Dental, La Habra Chiropractic and River Spa. The General Plan designates the subject property for Mixed-Use Center 3 land use, and it is located in the SP-1 (La Habra Boulevard Specific Plan) Zone and the Mixed-Use (MX) Overlay Zone, which implements the General Plan Mixed-Use Center land use designation.

To the north of the subject shopping center, across East Stearns Avenue, along Harbor Boulevard, is the Harbor Square multi-tenant commercial retail center on property designated by the General Plan for Community Shopping Center 1 land use. Also, north of the shopping center, across East Stearns Avenue, along North Bedford Street, are multifamily residential units on properties designated by the General Plan for Residential Multi-Unit 1 land use. To the east of the shopping center are multifamily residential units, which are also designated by the General Plan for Residential Multi-Unit 1 land use.  To the south of the proposed tenant space, at the northeast corner of La Habra Boulevard and Harbor Boulevard, is a building with a Starbucks drive-through restaurant and a Subway restaurant; east of the Subway restaurant, also on the north side of La Habra Boulevard, is a multi-tenant building that includes Heavenly Threading Salon, La Torta Libre Cocina Mexicana, Hamachi Sushi Express, and Wing Stop. Both of these properties are designated by the General Plan for Mixed Use Center 3 land use. Further south, across La Habra Boulevard, is a Chevron gas station and a Metro Auto used car sales lot, on properties designated by the General Plan for Mixed Use Center 1 land use; and, to the west, across Harbor Boulevard, are properties that were once home to an auto dealership, that are designated by the General Plan for Mixed Use Center 3 land use.

EXHIBIT 1 – Vicinity Map


Magnolia Vintage Gifts has operated at 310 East Whittier Boulevard for 30 years. At the April 22, 2024, Planning Commission meeting, the Commission approved a request from City Ventures to develop 22 townhomes in this location. Therefore, due to the anticipated development of their existing location for residential development, the Applicant identified the proposed location, at 1241 East La Habra Boulevard, as a potential location for their business operations. The proposed tenant space will provide a location for multiple vendors to sell their pre-owned collectibles and vintage items. While the proposed store will specialize in pre-owned goods, the Applicant has explained to staff that the business will not include truck deliveries, nor will their business operations include the collection of donated and/or recyclable items.

The proposed hours of operation are proposed as follows:
     Monday – Saturday: 10:00 a.m. – 6:00 p.m.
     Sunday: 11:00 a.m. – 4:00 p.m.

Magnolia Vintage Gifts proposes to operate with four employees. This includes two full-time employees and two part-time employees. While no deliveries are proposed now, staff added a condition of approval that truck delivery times shall be limited to daytime hours in case the business operator of Magnolia Vintage Gifts decides to allow deliveries in the future.

The proposed floor plan for the store is provided below as Exhibit 2. The majority of the tenant space will be utilized as a shopping area comprised of multiple vendor stations where pre-owned merchandise will be displayed. There will also be a restroom and an office located in the rear of the suite. The Applicant is not proposing any exterior improvements. No additional square footage is being added.

EXHIBIT 2 – Floor Plan


Required Parking
The Applicant is proposing to establish Magnolia Vintage Gifts in an existing shopping center. Per La Habra Municipal Code Section 18.14.040.B.5, integrated retail commercial centers (at least five storefronts) require 3.3 parking spaces per 1,000 square feet of gross floor area; at this ratio, 24 parking spaces are required for the 7,200 square foot tenant space. In this case, there are 124 spaces and 4 accessible spaces provided in the shopping center, which was meant to be shared by the tenants in the same shopping center. Currently, the tenants of the shopping center operate with a shared parking agreement, which has been provided as Attachment 6. The City's Traffic Manager reviewed the proposed project and determined that the existing parking lot will be sufficient for the proposed retail store selling pre-owned merchandise.

ANALYSIS
Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, approval of a Conditional Use Permit (CUP) is required for the establishment and operation of a retail store selling pre-owned merchandise in the SP-1 zone. In order to grant the CUP, the Planning Commission must make the findings below. 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 one in which it is to be located.

The resolution to approve CUP 24-01 includes conditions of approval to ensure that the proposed use will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and enjoyment of surrounding and adjacent properties. While this proposed retail store will be selling pre-owned merchandise, it will actually be more similar to a general retail use because its business operations will not include donations and/or recycling drop-offs. The proposed retail store will also operate primarily during the daytime and no later than 6:00 p.m. Therefore, the granting of the CUP 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 SP-1 (La Habra Specific Plan) Zone.

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

The subject, 7,200 square foot tenant space was previously occupied by a general retail use. The proposed use of a retail store selling pre-owned merchandise will primarily operate in the same manner as the former general retail use. Therefore, the same tenant space will be adequate in size, shape, and topography to accommodate the proposed retail store (Magnolia Vintage Gifts). Per La Habra Municipal Code Section 18.14.040.B.5, integrated retail commercial centers (at least five storefronts) require 3.3 parking spaces per 1,000 square feet of gross floor area; at this ratio, 24 parking spaces are required for the 7,200 square foot tenant space. In this case, there are 124 spaces and four accessible spaces provided in the shopping center, which are shared by all of the tenants in the same shopping center pursuant to a shared parking agreement. The City's Traffic Manager reviewed this application request to establish and operate a retail store that sells pre-owned merchandise along with the existing businesses located within the same shopping center and determined that the 128 existing parking spaces will be sufficient for use by all of the shopping center tenants. Therefore, the subject site is physically suitable for the type of land use being proposed.

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

The subject site is located in the La Habra Boulevard Specific Plan (SP-1) Zone and the Mixed Use (MX) Overlay Zone, which conditionally allows for the operation of retail stores selling pre-owned merchandise. 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 SP-1 (La Habra Boulevard Specific Plan) Zone. Therefore, the use is conditionally permitted within the SP-1 Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.

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

The General Plan designates the subject property for Mixed-Use Center 3 land use, which permits community shopping centers, multi-unit residential, and mixed-use projects. Further, granting CUP 24-01, to allow for the operation of a retail store with pre-owned merchandise, will be consistent with La Habra’s General Plan LU 2.2, 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 proposed retail store selling pre-owned merchandise will include unique antiques and collectibles, thereby providing a wider range of shopping options to the La Habra community. Therefore, the granting of the CUP is consistent with the General Plan.

Related Cases

The Applicant has paid for the processing costs associated with the Conditional Use Permit, which totals $6,532.00.

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 implements the following City Council Goal and Objectives: