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 California Environmental Quality Act Guidelines.

That the Planning Commission Approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 21-08 FOR A COMMERCIAL KITCHEN AT 2101 EAST EMERY AVENUE, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

The applicant is requesting to operate a commercial kitchen within an industrial building.  The subject site is located on the north side of Emery Avenue, east of Palm Street (see Vicinity Map, attachment 1).  The General Plan land use designation is Light Industrial.  The property is zoned M-1 (Light Manufacturing) which is consistent with the General Plan.

The subject parcel is 21,241 square feet in size and improved with a 7,410 square foot light industrial building (see Project Plans, attachment 3).  A parking lot, providing twelve parking spaces is located at the rear of the building.  As a part of the project, the applicant will be constructing a new trash enclosure and making landscaping improvements.
 

The proposed commercial kitchen will be located within the western portion of the building that is divided into individual suites.  The eastern-most suite, which is 1,434 square feet in size, will be utilized for another business.  The floor plan of the subject suite will include a 902 square foot kitchen, a 582 square foot walk-in cooler, a 818 square foot walk-in freezer, a 1,122 square foot storage room, and a larger 1,420 square foot storage room.  The remaining portion of the suite will contain an office, lobby, restrooms, and break rooms.
 

The facility will operate Monday through Saturday from 8:00 a.m. to 8:00 p.m. with a total of three to six employees.  Food prepared on-site will be delivered to multiple Socal Wings locations as well as partner operations that deliver food through Ubereats, Door Dash, and Grub Hub.  The applicant estimates that there will be approximately 40 orders per day and a designated parking space will be provided for the delivery vehicles.  Orders will be picked up from the reception area at the front of the suite.  The building will also be used for storage of goods such as paper products and sauces for the Socal Wings locations.
 

Pursuant to Section 18.06.040(A) of the La Habra Municipal Code, uses not specifically listed for the particular zone are prohibited unless subject to a review by the Planning Commission, a determination is made that the proposed use is substantially similar to another permitted or conditionally permitted use in that zone.
 

Commercial kitchen facilities are not specifically listed as a permitted or conditionally permitted use in the M-1 zone.  The proposed business is similar to a restaurant since it involves the preparation of various food items. The M-1 zone permits restaurants with approval of a Conditional Use Permit. The proposed commercial kitchen facility is less intense than a restaurant since no accommodations are necessary for dine-in customers.  Therefore, no additional parking demand will be placed on the property.  The proposed facility will fit in with the diversity of land uses found within the surrounding vicinity.
 

In addition, pursuant to Section 18.08.070.B, any property that is subject to discretionary review by the Planning Commission, is required to be brought into compliance with all current development standards to the extent physically possible as determined by the Planning Commission.  The subject property does not comply with the front fifteen foot landscape setback requirement.  The current front setback is paved and used for parking.  The applicant will relocate the parking to the rear and the front landscape planter area will be installed.  A trash enclosure will also be installed to bring the property into compliance.
 

Conditions have been placed on the project to ensure the use will not negatively impact the surrounding uses. Therefore, it is recommended that the Planning Commission approve Conditional Use Permit 21-08 for the commercial kitchen at 2101 East Emery Avenue, subject to the findings and conditions in the attached resolution (see Resolution, attachment 2).

There is no impact to the City's General Fund.

The 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 the proposal disturbs no soil, this project is exempted by the Water Quality Ordinance from the preparation of a Non-Priority Plan.

The project implements policy LU 16.1 (Diversity of Uses) of General Plan 2035.