The Applicant, Manoja Weerakoon, is requesting Conditional Use Permit (CUP) 24-0008 to establish and operate an educational institution, La Habra Montessori School, on a 0.29-acre property site, located on the southeast corner of San Jose Avenue and Beach Boulevard at 300 South Beach Boulevard (see Exhibit 1 below or Attachment 1). La Habra Montessori School is currently operating at 230 South Idaho Street and is requesting to move to the subject location due to an expiring lease. The subject property is designated by the General Plan for Residential Multi-Unit 1 land use and is located within the R-4 Multi-Unit Zone with a Planned Unit Development (PUD) overlay. The subject property is not identified in the General Plan Housing Element as a site to meet the City's Regional Housing Needs Assessment (RHNA) allocation. 

EXHIBIT 1 - VICINITY MAP


The General Plan land use designation, zoning and existing land uses for the surrounding properties are shown below:

Location	General Plan Designation	Zoning	Existing Land Use
North (across San Jose Avenue)	Professional Office	C-P Commercial Professional	Commercial/ Medical Office
East	Low Density Residential	R-1c Single-Unit Dwelling	Single-Unit Dwellings
South	Residential Multi-Unit	R-4 Multi-Unit Dwelling	Multi-Unit Dwellings
West (across Beach Boulevard)	Low Density Residential	R-1c Single-Unit Dwelling	Single-Unit Dwellings

The project site is developed with a 5,630 square-foot single-story commercial building that contains two tenant spaces. The proposed educational institution will occupy a 4,040 square-foot tenant space in the building (Suite B) and construct a new 923 square-foot outdoor playground area that will be located east of the building, in the southwest corner of the existing parking lot (see Exhibit 2 below or Attachment 3). Detailed plans for the proposed tenant and site improvements to accommodate the educational institution are provided as Attachment 4. The adjoining, 1,590 square-foot tenant space (Suite J) is currently occupied by Miceli Chiropractic. 
  EXHIBIT 2 - SITE PLAN


The site, building and existing medical office use are considered legal non-conforming because, although they were established legally, they do not currently comply with the La Habra Municipal Code (LHMC) requirements for the R-4 Zone. Pursuant to LHMC Section 18.08.070, a non-conforming building may be maintained and continued, provided that there is no increase or enlargement of the existing area devoted to the use. However, pursuant to LHMC 18.06.040.A, an education institution may be permitted within the R-4 Zone, subject to the approval of a Conditional Use Permit (CUP). Therefore, if the subject CUP is approved, while the chiropractic use would continue to be legal non-conforming, the educational institution would be in conformance with the uses permitted in the R-4 Zone.

The Applicant proposes to operate an educational institution at the proposed location in the same manner that they are operating their school at their current location (see Attachment 5). The La Habra Montessori School will operate from 7:00 a.m. to 6:00 p.m. and provide care for infants (six months to two years), preschool children (two-five years), Kindergarten, as well as after and before school care for school aged children. The school offers pick-up and drop-off service, free breakfast, lunch and snacks, homework assistance and extracurricular activities.  The educational institution will have eight employees and a maximum licensed capacity of 50 persons.

Pursuant to LHMC Section 18.14.060.B, a day care center requires 0.2 parking spaces per the licensed capacity of the day care center. As indicated above, the licensed capacity would be 50 persons. Therefore, the proposed educational institution would require 10 parking spaces. In addition, the 1,590 square-foot tenant space, currently occupied by Miceli Chiropractic, is required to have four spaces per thousand square feet (two parking spaces). As stated above, the Applicant is proposing to modify the existing parking lot to accommodate a 923 square-foot outdoor playground area. Currently, the parking lot contains 18 parking spaces. The proposed playground area would further reduce the parking capacity of the lot to 12 parking spaces, which would meet the LHMC requirement for parking spaces for both the educational institution (10 spaces) and the chiropractic office (two spaces).

At the request of the Traffic Engineer, the Applicant submitted the existing student drop-off and pick-up schedule (which the Applicant requested to be kept confidential), along with the proposed vehicle circulation for the proposed location, shown above in Exhibit 2, to further assess parking demand and vehicle circulation. The data provided indicates that peak hours for drop-off and pickup occur around 8:00 a.m. and 4:00 p.m., aligning with typical work schedules for parents. The duration for both drop-off and pick-up is typically no longer than 10 minutes. Following a review, the Traffic Engineer confirmed that the site can accommodate the anticipated parking demand and traffic.

The summary table below specifies how the existing building, with the proposed modifications to the parking lot, complies with the LHMC.

	City Requirements	Proposal
Building Height	36' Maximum	N/A (No changes)
Front Setback	15'	N/A (No changes)
Side Setback (North)	10'	N/A (No changes)
Side Setback (South)	5'	N/A (No changes)
Rear Setback	10'	N/A (No changes)
Parking	0.20 per person (licensed capacity)	10 (12 total on-site)
Maximum Lot Coverage	40%	38.8% (from 31.6%)
Onsite Landscaping	Minimum 7% of the parking lot	7%

ANALYSIS:

Pursuant to LHMC Section 18.06.040.A, an educational institution may be permitted within the R-4 Multi-Unit Dwelling Zone, subject to the approval of a Conditional Use Permit (CUP). The Planning Commission must make the findings listed below pursuant to LHMC Section 18.66.070.C in order to approve the CUP. Staff has provided justification in support of each of the required findings:

A. 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 proposed educational institution will not be detrimental to the public welfare because it is a use that is allowed, subject to the approval of a CUP, within all City's zones. The surrounding and adjacent properties are developed with residential and commercial/medical office uses that would benefit from and be compatible with the location of educational and childcare options in proximity.

The project site is located within the R-4 Multi-Unit Dwelling Zone. The project site is developed with a 5,630 square-foot single-story commercial building, that has two tenant spaces. The proposed educational institution will occupy a 4,040 square-foot tenant space and construct a new 923 square-foot outdoor playground area within the existing parking lot. The adjoining, 1,590 square-foot tenant space is currently occupied by a medical office use. While the project site, building and existing medical office tenant are legal non-conforming, the proposed educational institution is a use that may be permitted within the R-4 Multi-Unit Dwelling Zone, subject to the approval of a CUP. Therefore, with the approval of this CUP, while the site building and the medical office tenant would continue to be legal non-conforming, the educational institution would be in conformance with the uses permitted in the R-4 Zone. In addition, although the playground area will reduce the number of parking spaces in the existing parking lot, there will be enough parking spaces to meet the LHMC requirements for both tenants. 

The proposed use aligns with the R-4 Zone, which is residential in nature. Educational and childcare facilities serve as complementary uses in residential zones. By offering essential services, such as early childhood education and daycare, the proposed institution would support the needs of the surrounding residential community. Furthermore, the operational hours coincide with regular business hours, which would not conflict with the residential nature of the surrounding properties. Noise levels, traffic circulation, and activity associated with the school are expected to be minimal and controlled within the bounds of the property, ensuring the character of the neighborhood remains undisturbed. Additionally, the school adds value to the community by fostering an environment where families can access vital services within close proximity. As such, the presence of the school will not impede the surrounding area, but complement the uses already present. 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 R-4 Zone in which it is to be located.

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

The proposed educational institution would be located within an existing commercial building, located within the R-4 Zone, that has one other tenant.  The project site, building and existing tenant are considered legal non-conforming because, although they were established legally, they do not currently comply with the LHMC requirements for the R-4 Zone. The proposed educational institution is a conditionally permitted use in the R-4 Zone.  The proposed project includes interior tenant improvements as well as construction of a playground area that will reduce the number of parking spaces in the existing parking lot. Even with the proposed playground area, the project site would meet all applicable development standards, including parking. Therefore, the site is physically suitable for the type of land use being proposed.

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

Pursuant to LHMC Section 18.06.040.A, an educational institution may be permitted within the R-4 Multi-Unit Dwelling Zone, subject to the approval of a CUP. Staff has reviewed the project plans and determined that the proposed educational institution complies with all applicable LHMC requirements. Therefore, the proposed use is conditionally permitted within the R-4 Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.

D. The granting of this conditional use permit is consistent with the comprehensive General Plan.

The subject property is designated by the General Plan for Residential Multi-Unit 1 land use and is located within the R-4 Multi-Unit Zone, which implements this land use designation. The proposed use is permitted within the R-4 Zone, subject to the approval of a CUP. Staff has reviewed the project plans and determined that the proposed educational institution complies with all applicable LHMC requirements. Although the General Plan designates the property for residential land use, it is not identified in the General Plan Housing Element as a site to meet the City's Regional Housing Needs Assessment (RHNA) allocation; and therefore, the proposed project will not impact the City's ability to meet its RHNA obligations. In addition, the project aligns with the following General Plan Policies:

• LU 4.6: Care Facilities. Allow for the development of senior daycare facilities, assisted living facilities, hospice, child care, and other care facilities in areas where they can be located, designed, and managed to assure compatibility with and the safety of adjoining uses and in accordance with state legislation.
• 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.
• LU 10.2: Daycare Centers. Maintain regulations for large-family daycare facilities (as defined by the State of California) and childcare centers to minimize impacts on residential neighborhoods, to the extent permitted by state law.
• LU 17.5: School Parking and Access. Work with schools to ensure that parking and student drop-offs are located to minimize impacts on adjoining residential neighborhoods.
• ED 7.2: Child Health and Lifestyle Enrichment Programs. Encourage and coordinate supervised childcare, after-school, and summer programs that assist working parents and enrich the lives and health of child participants.
• CI 5.3: Working Parents. Encourage and coordinate supervised childcare, after-school, & summer programs that assist working parents and enrich the lives of child participants.

Therefore, the granting of this CUP is consistent with the City's General Plan.

Related Cases

On May 8, 1972, the Planning Commission approved Conditional Use Permit 72-13 to allow for the utilization of an existing two-bedroom single-family structure and two-car garage for a daycare center and nursery school at 230 S. Idaho Street. This site eventually became the current La Habra Montessori School, which the Applicant now proposes to relocate and establish at 300 South Beach Boulevard.