The Applicant, Marshall Family Trust, is requesting to operate an automobile repair facility. The subject property is located at the northeast corner of Cypress Street and La Habra Boulevard. The General Plan Land Use Designation for the property is Transitional. The property is zoned La Habra Boulevard Specific Plan (SP-1) and designated Transitional which is consistent with the General Plan.  The transitional residential/commercial category applies where older residential uses are located in areas that are identified as Neighborhood or Highway Commercial.  The long-term goal in these areas is to remove existing low-density residential uses in order to develop opportunities for large lot commercial development.  New low-density residential uses are prohibited in these areas.

The subject property is a corner lot, improved with a 3,060 square foot commercial building with two bay doors facing La Habra Boulevard and a 640 square foot office building on a 9,173 square foot lot. There is a 17.5 foot wide alley along the northerly property line, that separates the subject property from an adjacent residential neighborhood. The property was formally utilized by Frank's X-Ray Garage which operated from 1981 to August 2020.  The Applicant is requesting to operate an automobile repair facility that will provide general automotive repair services including but not limited to, oil changes, tune-ups and transmission repairs. The facility will have two employees and is proposed to operate Monday to Saturday from 9:00 a.m. to 5:00 p.m.

Analysis
Although Frank's X-Ray Garage recently closed in 2020, they had been operating without a conditional use permit and new tenants were not allowed to reopen until a conditional use permit was obtained.  The proposed project is before the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A and Section 18.44.050.D.1, both sections require approval of a Conditional Use Permit for all automobile service/repair uses and all vehicle mechanical, body repair, painting and upholstery activities located within the La Habra Boulevard Specific Plan (SP-1) zone.  The code requirement that specifies that all automobile uses located within the SP-1 zone must obtain a CUP is reinforced by LHMC Section 18.44.050.D.3:  “All existing automobile/vehicle uses shall have ten years from the effective date of the adoption of the ordinance approving the specific plan update (December 6, 1999) to comply with this section. Exception: any such existing use is remodeled or enlarged shall comply at such time that the remodeling or enlargement takes place.” Based on this code requirement, ALL automobile/automotive uses within the SP-1 zone operating without a CUP were required to be brought into compliance by December 6, 2009. Approximately, 22 years have passed since Section 18.44.050.D.3 was established and 12 years since the original amortization period ended that required all nonconforming automotive uses to obtain a CUP.  Staff has consulted with the City Attorney's Office which concurs that the Municipal Code requirement is still applicable and enforceable.  In addition, the property will be required to comply with current development standards.

The operation of an automotive repair facility at the subject property was originally established in 1963. The previous operator, Frank's X-Ray Garage operated from 1981 until 2020. There are five code enforcement cases on file between the years 2000 to 2017 that included, window advertisement, overgrown vegetation, inadequate landscaping and inoperative vehicles. The violations were abated and the operation of an automotive repair facility continued. There is a possibility, that there were other violations, but there are no digital records related to Code Enforcement actions prior to the year 2000. It should be noted that, as of March 2021, there are vehicles being stored on the property without authorization. The property owner was made aware and has been working with the tenant on resolving the issue.

The La Habra Boulevard Specific Plan's direction related to automotive repair facilities is to protect the public welfare, not impair the character of the area and find suitable locations for their operation. The subject property is unique as the entire life of the property has been used to operate an automotive repair facility. The subject property will be improved with landscaping to beautify the area and the CUP will include conditions of approval. The conditions act as a guide to the business functions and as a tool to obtain compliance when needed. With the proposed improvements, the property will provide sufficient onsite parking, all repair activities are required to take place within the enclosed building, the storage of inoperative vehicles is prohibited and the hours of operation of the facility are limited between 7:00 a.m. to 7:00 p.m. daily as required by the Specific Plan.  All vehicle repair facilities within the SP-1 zone are subject to Section 18.44.050.D.1: All vehicle mechanical and body repair, painting, and upholstery activities shall be permitted only with approval of a conditional use permit by the planning commission. All such uses are subject to the following design standards which have been included as conditions of approval. Any violation of the conditions of approval will be grounds for a possible re-hearing as established in LHMC Section 18.66.100.

a.    All operations shall be conducted within an enclosed building.
b.    All areas or structures used shall be so located or soundproofed as to prevent annoyance or detriment to surrounding property.
c.    All damaged or wrecked vehicles awaiting repair shall be effectively screened so as not to be visible from any street or surrounding property.
d.    All repair activities as described in this section shall be confined to the hours between 7 a.m. and 7 p.m. daily.
e.    No damaged or wrecked vehicles shall be stored for purposes other than repair and shall not constitute an automobile impound yard.
f.     Dismantling of vehicles for purposes other than repair or the sale of used parts is prohibited.
g.    No goods for sale shall be displayed outside of the building.
h.    Outdoor storage of recreational vehicles or construction equipment is not permitted.

The General Plan designates the subject property as Transitional.  The operation of a commercial use is permitted within the Transitional land use designation.  The transitional land use is category in the La Habra Boulevard Specific Plan is intended to remove existing low-density residential uses in order to develop opportunities for large lot commercial development.  New low-density residential uses are prohibited in these areas.  Since the subject property is not residential, the proposed use meets the intent of the category.

With the addition of specific conditions of approval for automotive uses as required by the La Habra Boulevard Specific Plan and the onsite landscaping improvements, the use will operate in a manner that will not be detrimental to the public.  It should be noted that the existing buildings on the subject property are non-conforming with regard to the rear yard setback and street side setback. Pursuant to Section 18.08.070.B properties that are non-conforming may remain so long as there is no enlargement in usable floor area. The proposed project does not include any building expansions or additions, therefore, the non-conforming buildings are permitted to be continued and maintained.  However, any site subject to discretionary review by the Planning Commission shall be brought into compliance with all current code standards that apply to the extent physically possible as determined by the Planning Commission.   The Applicant is proposing onsite improvements which include landscaping improvements along La Habra Boulevard to create a 20-foot wide drive throat and the installation of potted plants adjacent to the office building and wall mounted trellises facing Cypress Street. The parking lot will be stripped to include 8 onsite parking spaces (as required by code) including a van accessible parking space. The landscape improvements along La Habra Boulevard include 20 foot wide planters (code requires 10 foot wide). The additional landscaping along the La Habra Boulevard street frontage is calculated as onsite landscaping totaling approximately 200 square feet or 6 percent (code requires 7 percent). The property as currently improved does not provide any onsite landscaping and has remained unimproved for years. The proposed landscaping improvements have been designed to the extent physically possible.

Code Compliance

	Required	Provided
Building Height	50 feet	16 feet
Front Setback (South)	10 feet	26 feet
Street Side Setback (West)	10 feet	0-3 feet*
Side Setback (East)	Not Required	0 feet
Rear Setback (North)	20 feet	0 feet*
Min. Lot Size	5,000 sf	9,173 sf
Parking	8 spaces	8 spaces
Front Landscape Setback	10 feet	14-20 feet
Street Side Landscape Setback	10 feet	Potted Plants
Onsite Landscaping	267 sf (7%)	200 sf (6%)

*Pursuant to La Habra Municipal Code Section 18.08.070.B, properties that are non-conforming to current development standards may remain when no enlargement of floor area occurs.

Related Cases

The Applicant's proposal has been reviewed pursuant to the requirements of the City's National Pullutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since no redevelopment is proposed, this project is exempted by the Water Quality Ordinance from the preparation of a WQMP.

The property is designated Transitional. The General Plan's original description indicated that the long-term goal is to remove existing low-density residential areas in order to develop opportunities for large lot commercial development. New low-density residential uses are prohibited in these areas. However, with City approval, it may be appropriate for medium to high density residential development. The operation of a commercial use is permitted within the Transitional land use designation.

The project implements Policies: LU 2.2 Places to Shop, LU 2.3 Places to Work.LU 4.9 Non-Conforming Uses, of the General Plan 2035.