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(a), Class 1: "Existing Facilities" of the CEQA Guidelines. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The project involves a negligible expansion of use. The Applicant is proposing to upgrade an existing Type 20 (Off-Sale Beer and Wine) ABC license to a Type 21 (Off-Sale General) ABC license. In connection with the proposed Type 21 license, the Applicant intends to add a display case inside the general retail store. The project involves no interior or exterior alterations to the tenant space or property.

The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the project is predominantly urban and not considered a sensitive environment; therefore, the project will not result in any significant environmental impact. 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. The project will not cause a substantial adverse change in the significance of any historical resource because the subject existing building is less than 45 years old and therefore, not considered a historic resource. Staff does not expect any significant impacts or unusual circumstances related to the approval of this project. Therefore, the project is categorically exempt from CEQA.  

RESOLUTION NO. 25-25 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING CONDITIONAL USE PERMIT 25-0008 (CUP25-0008) TO ALLOW ALCOHOLIC BEVERAGE SALES UNDER A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AT AN EXISTING GENERAL RETAIL USE (A.K.A. 7-ELEVEN), LOCATED AT 381 EAST WHITTIER BOULEVARD (ASSESSOR'S PARCEL NUMBER 017-303-45), SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, CLASS 1: “EXISTING FACILITIES” OF THE CEQA GUIDELINES

The Applicant, Janet Jin, the authorized representative for 7-Eleven, Inc., on behalf of the property owner, The Chung Family Trust (c/o Joseph Chung), is requesting the approval of Conditional Use Permit (CUP) 25-0008 (CUP25-0008) to allow alcoholic beverage sales at an existing general retail use (7-Eleven) under a Type 21 (Off-Sale General) ABC license, which will allow the general retail use to sell distilled spirits, in addition to beer and wine, which it currently sells under a Type 20 (Off-Sale Beer and Wine) license, for off-site consumption.

The subject retailer occupies a 2,448-square-foot suite, located at 381 East Whittier Boulevard, within a 6,329-square-foot multi-tenant commercial building, located on the northwest corner of East Whittier Boulevard and North Cypress Street with access from both East Whittier Boulevard and North Cypress Street, with two-way traffic circulation from either entrance (see Exhibit 1). The Applicant is not proposing any interior or exterior changes to the subject tenant space or the property in conjunction with this request, except for the addition of a display case. The remaining portion of the multi-tenant building is occupied by three other tenants: Subway Sandwiches, Chinatown Express, and Little Caesars Pizza (see Exhibit 2).

The subject property is designated by the General Plan for Corridor Mixed-Use 1 land use, which provides for the redevelopment of underutilized previously zoned commercial properties for a mix of multi-unit residential housing with supporting retail and service uses. Permitted uses and densities/intensities include: multi-unit residential development at a maximum density of up to 24 dwelling units per acre, commercial development at a maximum floor area ratio (FAR) of 0.5, and mixed-use projects with a maximum FAR of 1.5. The subject property is located within the Commercial (C-2) Zone and the Mixed-Use (M-X) Overlay Zone, which implement the General Plan’s Corridor Mixed-Use 1 land use designation. Pursuant to LMHC Section 18.54.010.C, the provisions of Chapter 18.54 (Mixed-Use Overlay Zones (MX)) “shall not apply to property that has been, or is proposed to be, developed entirely under the base zone, except for the maximum permitted floor area ratio as noted in Section 18.54.050.C.2. of [Chapter 18.54].”  Because the subject property has been developed entirely under the base (C-2) zone, the provisions of Chapter 18.54 do not apply. The General Plan designation, zoning and existing land uses for the surrounding properties are described below in Table 1.

The subject retailer offers basic grocery items, over-the-counter medicine, household goods, childcare products and various other household items, as well as convenience foods and beverages, and beer and wine. The retailer operates 24 hours a day. However, alcohol sales are only permitted from 6:00 a.m. to 2:00 a.m. per State law (California Business and Professions Code Section 25631). The current tenant has been operating at this location since 1986 and selling beer and wine since 1990.

Exhibit 3, below, shows the retailer's existing floor plan.  As noted above, the Applicant is not proposing any modifications to the existing floor plan layout nor the exterior elevation. As indicated in the exhibit, distilled spirits will be limited to a display cabinet that is only approximately four-feet-wide and not directly accessible to customers. It is anticipated to be located behind the counter or a proposed secondary location visible to employees in a locked cabinet if on the sales floor.

EXHIBIT 3 – FLOOR PLAN:


Table 2 identifies how the existing establishment complies with the development standards of the C-2 Zone. Since the Applicant is not proposing to expand the tenant space, the Applicant is not required to make any changes to the existing parking lot layout. Therefore, staff did not further analyze the parking except to note that there are presently a total of 26 spaces and this includes two ADA parking spaces. 

TABLE 2: DEVELOPMENT STANDARDS

	City Requirements	Existing
Building Height	4 stories not to exceed 50 feet	1 story
Front Setback	15’ minimum	76 feet
Side Setback (West)	Not Required	NA
Side Setback (East)	10 feet	16.5 feet
Rear Setback	20 feet (to center of the alley)	5 feet*
Floor Area Ratio (FAR)	30%	32%
Parking	3.3/ksf or 21 spaces	26 spaces
Front Landscape Setback	10%	10%
Onsite Landscaping	Minimum 7% of the parking lot	7%

*Reduced rear setback was previously allowed under Zone Variance 86-36 (ZV86-36)

General retail is a permitted use within the C-2 Zone; however, alcoholic beverage sales and services are subject to the approval of a CUP. In 1994, the City Council adopted Urgency Ordinance No. 1480, which amended the La Habra Municipal Code (LHMC) to establish requirements for CUPs for businesses selling alcohol for off-premises consumption. Since the subject retailer's sale of beer and wine predated this urgency ordinance, the alcoholic beverage sales and services provided at this location are considered a nonconforming use pursuant to LHMC Section 18.08.070 (Nonconforming buildings and uses), and are permitted, provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use. Because the Applicant is proposing to increase the space devoted to the sale of alcohol by adding a display cabinet for distilled spirits, the Applicant is required to obtain a CUP. Approval of the proposed CUP would bring the existing sale of beer and wine, as well as the proposed sale of distilled spirits, into conformance with permitting requirements of the C-2 Zone.

The City of La Habra Police Department was consulted regarding crime statistics for the project site. The Police Department confirmed that they do not have any opposition or particular concerns with this store seeking to add in a small amount of distilled spirits to their current alcohol offerings.  The location has been well managed and the alcohol-related incidents within the census tract were unrelated to this business location.

The retailer has installed digital surveillance cameras, in both the interior and exterior of the store, that maintain recorded footage for at least thirty days. The security footage is shared with law enforcement upon request. All lighting is sufficient to ensure that individuals are easily identifiable, but without spillage to nearby residential uses. The windows and low-profile displays serve customers and law enforcement as it improves their ability to view the interior of the convenience store day and night. Exterior advertising is minimized in order to allow law enforcement the ability to view the store interior from the street.

The current retailer's staff training is consistent with Business and Professions Code requirements. The retailer requires employees to sign the ABC's Clerk’s Affidavit informing employees of the laws related to selling alcoholic beverages and requires that employees request an identification from any person who appears 30 years of age or under if that person is attempting to purchase an age-restricted product. Employees are trained on how to distinguish acceptable forms of identification from false forms of identification. Further, the cash registers are programmed to identify age-restricted products, like alcohol, and require the employee to check identification and enter a date of birth or scan the identification of the purchaser before completing the sale.

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 City Council Goals and objectives: