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" and Section 15061(b)(2) of the CEQA Guidelines. The project involves improvements to an existing 507 square foot commercial building with an attached 528 square foot canopy for the operation of a motor vehicle sales facility. The project involves no expansion of use.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING CONDITIONAL USE PERMIT 23-02 FOR THE OPERATION OF A MOTOR VEHICLE SALES FACILITY (DAPPER CAR SALES) AT 2601 WEST WHITTIER BOULEVARD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301(A), CLASS 1: "EXISTING FACILITIES" AND SECTION 15061(B)(2) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES.

The Applicant, Elvira Stepanov, is proposing to operate a motor vehicle sales facility (used car sales) on a 17,058 square-foot property, located at 2601 West Whittier Boulevard, currently improved with a 507 square-foot, vacant commercial building with an attached 528 square foot canopy. The existing building and canopy were constructed while the property was under the jurisdiction of the County of Orange; the property was annexed into the City of La Habra in 2017. The subject property is designated by the General Plan for Highway Commercial land use and is located in the Commercial (C-2) Zone, which implements the General Plan Highway Commercial land use designation.

The proposal before the Commission involves a Conditional Use Permit (CUP) for used car sales involving the reuse of the existing building and canopy with landscaping improvements along Whittier Boulevard. The CUP application includes an evaluation of the business operations only. Therefore, no special regulations related to the building design were requested by staff. The proposed project would only be subject to Design Review by the Planning Commission if there was major remodeling or structural rehabilitation of more than twenty-five percent of the building area or an addition that would result in additional floor area.

Dapper Car Sales proposes to offer online sales, sales by appointment and walk-in services. The proposed hours of operation are 9:00 a.m. to 7:00 p.m., seven days a week. The facility will operate with three employees; two sales persons and a finance officer. Staff verified with the Applicant that the proposed business will not involve automotive repair, automotive bodywork or vehicle painting.

As shown in Exhibit 1, the subject property is located on the north side of Whittier Boulevard (Primary Arterial Highway), near the City's western border. The properties to the north are improved with single family homes. The properties to the east, are improved with the Country Line Animal Hospital and Cue's RV sales lot. The properties to the south, across Whittier Boulevard, are improved with a multi-tenant commercial office building and Daniels Tire Service. The property to the west, is improved with a two-story commercial office building.

EXHIBIT 1 - AERIAL PHOTOGRAPH

Exhibit 2 below shows the proposed site plan for the motor vehicle sales facility. The property will be secured with an existing, 30-inch-high, black tubular steel fence with two sliding vehicle access gates located along Whittier Boulevard and existing masonry block walls along the side and rear property lines. The main onsite improvements include new landscaping and ADA parking lot upgrades. The Applicant is proposing to construct new landscape planters, encompassing approximately 348 square feet, along the property's street frontage as required in the Commercial C-2 Zone.

Customer vehicle ingress and egress will be provided using an existing driveway, located west of the planter area. This driveway will lead to three customer parking spaces, including an ADA parking space. A secondary driveway, east of the planter area, along the street frontage will be used for employee access to vehicle display and storage areas. Employees will be able to park their vehicles within the car storage area located to the rear of the property. The primary vehicle display area, which would accommodate approximately seven vehicles, is located at the front of the property. The east driveway will also be used for ingress and egress of test-drive vehicles.

The existing building and canopy will remain at the center of the property. An eight-foot tall solid wall is proposed to be constructed along the south side of the canopy, which will block the view of the car prep area from Whittier Boulevard. The car prep area will be used for vehicle vacuuming and waxing. Car washing activities will be prohibited on-site, because the property has not and will not be improved with the appropriate onsite drains and water clarifiers. In addition, vehicle maintenance will also be prohibited on site. These prohibitions are memorialized in the conditions of approval. Furthermore, the applicant is also being required by the LA County Fire Department to install a new public fire hydrant along Whittier Boulevard, in order to ensure the project area can be adequately served by the Fire Department.
 

There are two, abandoned nonconforming signs located on the property.  The first one is a sign mounted on a light pole approximately 16 feet in height located along the front of the property.  The second one is a roof sign located on the roof of the existing commercial building. Both signs are required to be removed as they do not meet current La Habra Municipal Code (LHMC) requirements and have been abandoned for more than one year. The Applicant may install new signs (i.e., wall sign and/or monument sign) if the proposed signs comply with the City's sign code. No signs have been proposed at this time. The use of a banner for temporary advertising would require approval of a banner permit; and any promotional events involving balloons, or other types of temporary signs will require approval of a Special Event Permit.

The improvements proposed to the exterior of the building will be approved under an administrative plan check as a Design Review is not required. The improvements include exterior stucco cladding painted white with a beige trim/accent color. New tempered glass windows and a French glass door are proposed along the south building elevation facing Whittier Boulevard. The proposed wall to be constructed underneath the canopy facing Whittier Boulevard will also be painted to match the building. The canopy will remain open along the north, and west sides. 

* Pursuant to LHMC Section 18.08.070.B, any site subject to discretionary review by the Planning Commission or City Council 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 has made an attempt to comply by providing a landscape planter along the front of the property providing approximately 348 square feet of landscape area. Since the project does not involve a building addition or expansion, a nexus for full site conformance cannot be made.

Pursuant to LHMC Section 18.06.040.A, a Conditional Use Permit (CUP) is required for motor vehicle sales and service uses within the C-2 Zone. Pursuant to LHMC Section 18.66.070.C, in order to grant the CUP for this request, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the following findings:

County records identify that the subject property was used for motor vehicle sales (used car lot) from as early as 1971 to 2018. Since there are no County or City permit records that identify the continued operation of the use, and there has been a time-lapse of over one year, a new Conditional Use Permit (CUP) is required. The building will be improved to comply with current ADA requirements and the property will be beautified with the construction of landscape planters along the front setback. The improvements will require building permits and inspections that are established to uphold public safety and welfare. The granting of the CUP with project specific conditions, such as prohibiting onsite maintenance of vehicles or the storing of dismantled or wrecked vehicles, will not impair the character of the area. The proposed hours of operation of the facility are also reasonable, from 9:00 a.m. to 7:00 p.m., seven days a week, and are consistent with other commercial businesses in the area. Therefore, the granting of the CUP will not be detrimental to the public welfare or unreasonably interfere with the use, possession or enjoyment of surrounding and adjacent properties or impair the character of the C-2 zone.

The proposed CUP involves the same business operations as in previous years, but will also involve landscape improvements that will result in a more aesthetically pleasing property as seen from Whittier Boulevard and ADA enhancements that will provide safe access for disabled persons. Although not required as part of the CUP application, the existing building facade will be enhanced by the Applicant. In addition, the layout of the customer parking area has been designed to meet the minimum number of onsite parking spaces required by the LHMC. Therefore, the subject site will continue to be physically suitable for the operation of a motor vehicle sales facility.

Pursuant to LHMC Section 18.06.040.A, motor vehicle sales located within the Commercial (C-2) zone are allowed with the approval of a CUP. The project plans associated with the CUP have been reviewed for compliance with all applicable development standards. Pursuant to LHMC Section 18.08.070.B, any site subject to discretionary review shall be brought into compliance with all current Zoning Code standards to the extent physically possible as determined by the Planning Commission. The Applicant has made an attempt to comply with the construction of a 6 to 15 foot wide landscape planter located along the front of the property, providing approximately 348 square feet of landscape area. However, since the project does not involve a building addition or expansion, a nexus for full site conformance cannot be made, and thus the property will remain nonconforming with respect to the onsite landscape requirement. Therefore, the proposed use is conditionally permitted within the C-2 zone and complies with the intent of all applicable provisions of the Zoning Code.

The project site is designated by the General Plan for Highway Commercial land use which is characterized by commercial uses that need a large amount of land area and are primarily related to and dependent on the City's main arterials for patronage and access. The General Plan cites examples of appropriate commercial uses including auto sales and service, motels, restaurants, service stations and equipment rental. Motor vehicle sales are common within the Highway Commercial land use designation. The project is also consistent with La Habra's General Plan Policy LU 4.9 which "promotes the recycling of nonconforming uses to achieve cohesive neighborhoods and business districts that avoid impacts resulting from incompatible uses and activities." The approval of this CUP will result in onsite improvements to a nonconforming property and project specific conditions to ensure proper business operations. Therefore, the granting of the CUP is consistent with the General Plan.

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.