This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303(c), Class 3: "New Construction or Conversion of Small Structures" of the California Environmental Quality Act Guidelines. The project is exempt as it involves the construction of a new commercial building not exceeding 10,000 square feet in floor area.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING DESIGN REVIEW 21-08 TO CONSTRUCT AN AUTOMOBILE SERVICE STATION AND CONVENIENCE STORE AT 750 NORTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING ZONE VARIANCE 21-03 TO REDUCE THE REAR YARD SETBACK REQUIREMENT FROM 20 FEET TO SIX INCHES FOR THE CONSTRUCTION OF A CONVENIENCE STORE AT 750 NORTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. 

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-03 TO ESTABLISH AN AUTOMOBILE SERVICE STATION WITH A CONVENIENCE STORE AT 750 NORTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-04 FOR AN ABC TYPE 20 OFF-SALE BEER AND WINE LICENSE IN CONJUNCTION WITH A CONVENIENCE STORE AT 750 NORTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

The Applicant, Imperial Stations Inc., is requesting to demolish all onsite improvements for property located at 750 North Harbor Boulevard (subject property) and construct a new automobile service station with a convenience store, and a single canopy with 12 fueling positions. As shown on Exhibit 1, the subject 19,366 square foot property, is located at the southeast corner of Whittier Avenue and Harbor Boulevard. The site is currently improved with a Berri Brothers service station, which is proposed to be demolished in order to offer additional fueling positions and a new convenience store. The property is designated by the General Plan for Mixed-Use Center 1 land use and located within the C-2 (Commercial) Zone, which implements the Mixed-Use Center 1 General Plan land use designation.

Surrounding uses include an existing two-story, multi-tenant office building to the north, across Whittier Avenue; and, a vacant commercial property, formerly occupied by American First Credit Union, to the east and south. While this adjoining property is presently vacant, it is anticipated to be developed for residential condominiums or other mixed use development in the future. Across Harbor Boulevard, there is an open space park known as Constitution Plaza to the south of Whittier Boulevard; and, a Stater Bros. commercial shopping center to the north of Whittier Boulevard. It should be noted that Whittier Boulevard transitions to Whittier Avenue, east of Harbor Boulevard. The General Plan designates the adjacent vacant credit union property for Mixed-Use Center 1 land use, the property with the two-story office building to the north for Highway Commercial land use, Constitution Plaza to the west for Open Space, and the Stater Bros. shopping center property for Mixed-Use Center 3 land use. 
 
EXHIBIT 1

The proposed project requires Planning Commission approval of the following requests:

Design Review 21-08 - Convenience Store/Canopy Design
The proposed convenience store building was designed using a contemporary architectural style through the incorporation of a stone veneer, stucco exterior wall finish, and a flat parapet roof design with a decorative cornice, as shown in Exhibit 2. The overall building will be painted white while additional trims and accents will be painted gray. The front entryway will feature a decorative metal awning. Wall mounted trellises will also be added along the north and west building elevations to help soften the building's appearance. Since it is anticipated that the convenience store's eastern and southern elevations will directly face a future residential development, the applicant is proposing that these elevations consist of split-face block walls painted white. To help ensure design compatibility, staff added a condition of approval, which requires the applicant to provide further design enhancements (i.e., added colors, exterior finishes, wall treatments, etc.) to the eastern and southern elevations, as part of the building plan review, and subject to final review and approval by the Director of Community and Economic Development.

EXHIBIT 2


As depicted in Exhibit 3, the proposed canopy design includes a red aluminum composite material fascia and the Berri Brothers logo. The canopy column supports will be improved with a white stucco finish and a stone veneer that matches the stone veneer found on the convenience store building.

EXHIBIT 3


The existing 25-foot tall freestanding sign located at the northwest corner of the property is proposed to be further enhanced using the same colors and accent materials found on the proposed new convenience store as indicated on Exhibit 4 below.

EXHIBIT 4


Zone Variance 21-03 - Site Layout/Variance

The proposed project complies with all site development standards for the C-2 (Commercial) Zone, as summarized below, except for the requested rear setback variance.

CODE COMPLIANCE

C-2 Commercial Zone	City Requirements	Proposal
Building Height - Building	50 feet	17-19 feet
Building Height - Canopy	50 feet	20.5 feet
Front Setback (North)	15 feet	116 feet (building) 34 feet (canopy)
Side Setback (East)	Not required	6 inches (building) 36 feet (canopy)
Street Side Setback (West)	10 feet	54 feet (building) 12 (canopy)
Rear Setback (South)	20 feet	6 inches (building)* 83 feet (canopy)
Floor Area Ratio	5,810 sf (30%)	4,640 sf (24%)
Parking	12 spaces	12 spaces
Landscape Setbacks	10-15 feet	10-15 feet
Onsite landscaping	778 sf (7%)	790 sf (7%)

*Zone Variance is requested.

Although the project site has street frontages along both Whittier Avenue (north) and Harbor Boulevard (west), as shown on Exhibit 5, Whittier Avenue is classified as a Commuter Arterial with restricted truck access. Harbor Boulevard and Whittier Boulevard (west of Harbor Boulevard), are classified as Primary Arterial Highways and may be utilized as approved truck routes. Therefore, the site has been designed so that fuel tanker trucks can maneuver and circulate onsite safely with truck access to the site limited to and from Harbor Boulevard. In order to ensure fuel trucks will be able to enter and/or exit on Harbor Boulevard and to provide sufficient area for onsite circulation, the applicant is seeking a variance to allow the convenience store building to be placed at the southeast corner of the property. This site design would result in six-inch rear (south) and six-inch side (east) building setbacks. While the side yard setback (along the eastern property line) meets code requirements, in that the La Habra Municipal Code permits a zero-foot setback, the rear setback requires approval of a Zone variance, because a minimum setback of 20 feet is required, and the proposed site design would result in a 6-inch setback. However, placing the building further south provides the room needed for fuel tanker trucks to create a temporary staging area while accessing the underground fuel tanks located near the northeast corner of the property. Once the delivery of fuel has been completed, the tanker trucks will circulate around the canopy and exit onto Harbor Boulevard and travel west onto Whittier Boulevard. Therefore, the property's unique configuration, location and access to an approved truck route, are all extraordinary circumstances that justify the requested variance.

EXHIBIT 5


Conditional Use Permit 22-03 - Automobile Service Station 
The proposed use of the site for an automobile service station with a convenience store requires approval of a Conditional Use Permit (CUP) within the C-2 (Commercial) Zone. The proposed service station will provide customers with regular, plus, premium, diesel and E-85 fuels with credit/debit payment options at each dispenser and payment options within the convenience store. The convenience store operator will be 7-Eleven, which will operate 24 hours a day, seven days a week. The convenience store building's design includes the front entrance facing north towards Whittier Avenue. The interior layout, as shown in Exhibit 6, includes a sales area improved with shelves, walk in cooler, refrigeration units, two restrooms, office, storage and equipment room. The convenience store will provide prepackaged food items, snacks, beverages, coffee, heated food, and convenience items.  The facility will employ two to three employees with daytime and nighttime shifts.

EXHIBIT 6


Conditional Use Permit 22-04, Alcohol Sales
The proposed project includes a request to allow the off-sale of beer and wine products at the convenience store, which requires approval of a CUP by the Planning Commission and a Type 20 license by the Department of Alcoholic Beverage Control (ABC). The project site is located within Census Tract 14.02, which is allowed up to three off-sale licenses based on the size of the population of the Census Tract; there are currently only two active off-sale licenses (1931 E. La Habra Blvd. - Georges Liquor and 320 N. Harbor Blvd. - Harbor Liquor). The proposed sale of beer and wine under the Type 20 license would be the third license and therefore, it would not be considered by ABC or the City as contributing to an area of Undue Concentration. The requested alcohol sales are an ancillary use to the proposed convenience store. Alcohol would be displayed within four refrigeration units at the southeast corner of the store. The total floor area dedicated to the display and sale of alcoholic products amounts to 30 square feet or 1.25 percent of the total convenience store floor area. Standard conditions of approval have been included on the project similar to other automobile service stations with convenience stores with CUP for off-sale of beer and wine products. These conditions include requiring the applicant to comply with all ABC licensing requirements and to monitor the alcohol products via security cameras.

Pursuant to La Habra Municipal Code (LHMC) Section 18.32.050.C.2, all new development and major remodeling within the C-2 zone is subject to Design Review. Projects that require Design Review must be approved by the Planning Commission pursuant to LHMC Chapter 18.68. In order to grant approval of the Design Review, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the following findings:

The design of the proposed project is consistent with La Habra's General Plan Policy LU 4.1, which requires development to be "designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality, and aesthetics." The automobile service station has been designed with code compliant landscape improvements along Whittier Avenue and Harbor Boulevard. The onsite improvements have been designed to provide for improved vehicle and fuel tanker truck access and circulation, including code compliant parking. In addition, the project also includes building enhancements, including wall mounted trellises along the northerly and westerly building elevations to allow vines to grow and cover parts of the building walls to soften the appearance of the convenience store building.

The proposed project will benefit the community be replacing an older automobile service station with a modern one with a convenience store. The project applicant will be required to comply with current planning practices and construction methods including obtaining the required permits from the City and State agencies including LA County Fire and the Orange County Health Care Agency. The proposed plan provides modern amenities such as delineated pedestrian walkways, designated parking spaces in front of the convenience store, public restrooms, and an air/water station for vehicles. Therefore, the proposed plan will be in the best interest of the public health, safety and welfare of the community.

This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303(c), Class 3: "New Construction or Conversion of Small Structures" of the California Environmental Quality Act Guidelines. The project is exempt as it involves the construction of a new commercial building not exceeding 10,000 square feet in floor area.

The subject property's unique setting limits fuel tanker trucks to access and exit the property via Harbor Boulevard (west) and not onto Whittier Avenue (north). The project site has street frontages along both Whittier Avenue and Harbor Boulevard; however, Whittier Avenue is not an approved truck route. Whittier Avenue is classified as a Commuter Arterial, while Harbor Boulevard is classified as a Primary Arterial Highway. West of Harbor Boulevard, Whittier Avenue transitions to Whittier Boulevard, and the street classification changes from Commuter Arterial to Primary Arterial Highway. As Primary Arterial Highways, both Harbor Boulevard and Whittier Boulevard are approved truck routes allowing fuel tanker trucks; however, fuel tanker trucks are not permitted on Whittier Avenue. In order to provide sufficient area for onsite circulation, the convenience store building was placed at the southeast corner of the property providing for a six-inch rear (south) and six-inch side (east) building setbacks to enable fuel tanker trucks to maneuver and circulate onsite safely, utilizing Harbor Boulevard. It should be noted that the zoning code does not require a side yard building setback along the easterly property line. The service station's design features the underground fuel tanks located near the northeast corner of the property allowing for a temporary staging area for the fuel tanker trucks. Once the delivery of fuel has been completed, the tanker trucks must circulate around the canopy and exit onto Harbor Boulevard and travel west onto Whittier Boulevard. Therefore, the property's unique configuration, location and access to an approved truck route, are all extraordinary circumstances.

The proposed convenience store building's rear yard setback reduction will not be materially detrimental to the public welfare or injurious to the properties in the same vicinity. While the convenience store will be six inches from the southerly property line, it is a single-story structure with a building height of 17.5 feet limiting the looming effect over the adjacent property. The building mass is also reasonable as the property is in compliance with the established floor area ratio (FAR) with the proposed improvements totaling 24 percent; thereby not exceeding the 30 percent FAR limit. Furthermore, a condition of approval has been added requiring the applicant to provide additional wall enhancements in order to ensure that the building is aesthetically pleasing and compatible to the adjoining property.

The convenience store building will only be setback six inches from the rear property line in an effort to provide sufficient onsite parking, and fuel tanker truck access and onsite circulation/maneuvering area. Similar development projects have been approved over the years involving other automobile service stations within the City that have also included reduced building setbacks. These projects include 101 and 110 South Harbor Boulevard, and recently 1950 West La Habra Boulevard. The three approved projects with reduced setbacks are all corner lots which had pre-existing automobile service stations that were demolished and reconstructed due to the need to ensure sufficient fuel tanker truck access and onsite circulation. Therefore, granting the requested variance will be consistent with the precedent of prior automobile service station development projects.

The granting of the variance will allow for the operation of a new automobile service station and convenience store. The project is consistent with La Habra General Plan Goal 11 Diverse Districts and Corridors. This goal anticipates that the City will provide for vital, active, prosperous, and well-designed commercial districts that provide a diversity of goods, services, and entertainment and contribute to a positive experience for visitors and community residents. The project includes a 2,400 square foot convenience store large enough to provided general merchandise, goods and services to commuters entering or leaving the City as well as local residents within the general vicinity. The renovated project site will also contribute to a positive experience, with enhanced landscape planters throughout the project area, modern gasoline dispensers, canopy and access to the project site via a total of four driveway entrances, two on each street frontage.  

An automobile service station has been in operation on the subject property since 1964. The continued operation of an automobile service station has not proven to be injurious or detrimental to the public welfare. The proposed onsite improvements will enhance both customer and public safety by providing sufficient vehicle and fuel tanker truck maneuvering area onsite, providing code compliant onsite parking, and a pedestrian path of travel from Harbor Boulevard to the convenience store. The project will also provide enhanced landscape planters along Whittier Avenue and Harbor Boulevard. In addition, staff is recommending a condition of approval that limits the refueling tanker hours to off-peak periods to allow for safer on and off-site access and circulation.

The proposed project would demolish an existing automobile service station and replace it with the construction an operation of an automobile service station with a convenience store. The subject use has not proven to be injurious or detrimental to the public welfare in this location. The proposed onsite improvements will enhance customer and public safety and with the adoption of the resolution which contains the recommended conditions of approval, the subject site is physically suitable for the proposed land use.

The development of an automobile service station is consistent with La Habra's General Plan Policy LU 3.2 which "encourages uses that meet daily needs such as grocery stores, local-serving restaurants, and other businesses and activities within walking distance of residents to reduce the frequency and length of vehicle trips." The service station will include a convenience store that will provide convenience goods similar to a grocery store and heated food and beverages. Customers will have the option to purchase gasoline and convenience goods all in one trip. The project also implements General Plan Policy 4.1 which requires "development compatibility among land uses... including automobile and truck access." The automobile service station has been designed around the fuel tanker truck's access and onsite circulation in order to maintain tanker trucks on Harbor Boulevard and Whittier Boulevard which are both approved truck routes. It should be noted that Whittier Avenue located directly north of the subject lot is not an approved truck route. 

The project is located within Census Tract 14.02, which, based on population size, can accommodate up to three off-sale licenses. There are currently two active off-sale licenses (1931 E. La Habra Blvd. - Georges Liquor and 320 N. Harbor Blvd. - Harbor Liquor). The proposed sale of beer and wine under the Type 20 license would be the third license; and therefore, is not considered by ABC or the City as contributing to in an area of Undue Concentration. The requested alcohol sales are an ancillary use. The Applicant will be required to comply with all ABC regulations, including compliance with all appropriate City of La Habra Municipal Codes and Ordinances. Staff is recommending conditions of approval for the subject CUP to assure that the operational nature of the requested alcohol sales will not change and to ensure that proper business conduct is maintained. Therefore, the granting of the CUP will not be detrimental to the public welfare.

The development of an automobile service station with a convenience store that includes beer and wine for off-site consumption is consistent with the La Habra's General Plan Policy LU 3.2 which "encourages uses that meet daily needs such as grocery stores, local-service restaurants, and other businesses and activities within walking distance of residents to reduce the frequency and length of vehicle trips." The service station will include a convenience store that will provide convenience goods including beer and wine which is similar to a grocery store. Customers will have the option to purchase gasoline and convenience goods all in one trip. 

The Applicant has paid for the processing costs associated with the Design Review, Zone Variance and Conditional Use Permits, which total $23,817.00. 

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 the proposal will constitute the disturbance of more than 5,000 square feet of soil, a Priority WQMP is required. A Preliminary Priority WQMP has been reviewed and approved.