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.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 20-18 TO ESTABLISH A CHILDREN'S TUTORING FACILITY AT 1472 SOUTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

The Applicant, DMI Harbor Hills, LLC is proposing to establish a children's tutoring facility (Code Ninjas) within an existing commercial center. The subject property is located along the easterly side of Harbor Boulevard between Las Riendas Drive and Las Palmas Drive. The General Plan Land Use Designation for the property is Neighborhood Commercial. The property is zoned Commercial (C-2) which is consistent with the General Plan.

The subject property is improved with a 27,062 square foot commercial building (The Row on Harbor) that was renovated in 2019. The building is located near the middle of the property with two separate parking areas accessed via Harbor Boulevard and via Ladera Terrace. The center is improved with 14 suites, 13 of which have been leased. The current list of approved tenants that are authorized to operate include five restaurants, two health clubs and a nail salon:

Akafuji, Bodhi Leaf Coffee Traders, Eggbred, Feu Noodle Bar, Harbor Mexican Café, Beauteous Nails, Club Pilates and AKT Dance. 

Tenants that have been approved but are pending permits or permit final include: Furai Chicken located at 1460 S. Harbor Blvd., MGD restaurant located at 1464 S. Harbor Blvd., and Sisu retail store at 1466 S. Harbor Blvd.

This request is to establish a children's tutoring facility within a 1,601 square foot suite located near the southerly end of the center adjacent to Club Pilates.  The subject school, Code Ninja is described as one of the nation's fastest growing children's coding franchise. The facility will teach children between the ages of 7-16, how to code with a video game-based curriculum and problem solve, along with other skills, in a safe and inspiring environment. The facility will provide online classes as well as classes that will be held onsite and facilitated by two employees. The proposed hours of operation are Monday through Friday from 9:00 a.m. to 6:00 p.m. Based on the operational characteristics, children are dropped off at the property after school and picked up before 6:00 p.m. by their parents or guardians. The facility will have a maximum of 10 students on site at any given time. Analysis
The proposed project is before the Planning Commission pursuant to the La Habra Municipal Code (LHMC) Section 18.06.040.A, which requires approval of a Conditional Use Permit (CUP) for a commercial school within the C-2 Commercial Zone. In order to grant the Conditional Use Permit for this request, the following findings must be made:

1. The granting of the Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
2. The subject site is suitable for the type of land use being proposed.
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions.
4. The granting of the Conditional Use Permit is consistent with the General Plan.

The proposed tutoring facility/commercial school will not be detrimental to the public nor have any negative impact on the other users of this center. The interior of the suite will be improved with two offices that will include desks for the children to use. All activities related to the business will be conducted within the enclosed building thereby not affecting the other uses within the center. The hours of operation are limited to Monday through Friday with business functions ceasing at 6:00 p.m. which will not interfere with the peak dinner hours for the restaurants. The commercial school is designed for children between the ages of 7-16 with the students or children being dropped off and pick up thereby limiting the demand on parking.

The subject suite was identified as a retail suite within the approved parking study dated April 5, 2020, and allotted a total of 5.28 parking spaces for retail functions. With the change of use to a commercial school, the parking ratio applied is based on the number of students at a ratio of 0.35 spaces per student. Based on the business operator's request to limit classes to 10 students, a total of 3.5 or 4 parking spaces are required for the proposed use. Therefore, the onsite parking demand is not affected by the proposed commercial school. The use does not require additional parking beyond what has already been allotted to the subject suite.

The General Plan land use designation for the property is Neighborhood Commercial which is characterized by commercial uses that serve the daily or frequent commercial needs of the residents in the immediate vicinity. The proposed commercial school will add to the diversity of uses already operating within the commercial center. In addition, the school's office type setting will provide children with a facility where they can learn valuable skills.

Code Compliance
The proposed commercial school will involve a minor tenant improvement to an existing commercial suite. All business functions will be conducted within the enclosed suite. Parking for the center has been addressed via the approved parking study dated April 5, 2020. As stated above, the parking demand for the proposed use will not increase beyond what has been previously approved, therefore the findings contained in the parking study are still valid.

Related Cases

• On August 27, 2018, the Planning Commission approved Conditional Use Permit 18-12 to operate a remediation system from the subject property for a two-year period.
• On September 24, 2018, the Planning Commission approved Design Review 18-08 for facade and onsite improvements to the subject commercial center.
• On August 1, 2019, the Planning Commission approved Conditional Use Permit 19-11 and Conditional Use Permit 19-12 for a restaurant with an ABC Type 41 alcoholic beverage license at 1450 South Harbor Boulevard (Akafuji Restaurant).
• On August 1, 2019, the Planning Commission approved Conditional Use Permit 19-16 for a restaurant at 1452 South Harbor Boulevard (Bodhi Leaf Coffee Traders).
• On August 1, 2019, the Planning Commission approved Conditional Use Permit 19-13 and Conditional Use Permit 19-14 for a restaurant with an ABC Type 41 alcoholic beverage license at 1454 South Harbor Boulevard (Originally Tori Haus now changed to Eggbred).
• On August 1, 2019, the Planning Commission approved Conditional Use Permit 19-15 for a restaurant at 1456 South Harbor Boulevard (Feu Noodle Bar).
• On January 27, 2020, the Planning Commission approved Conditional Use Permit 19-23 for a restaurant at 1460 South Harbor Boulevard (Originally California Pita Grill now changed to Furai Chicken).
• On March 23, 2020, the Planning Commission approved Conditional Use Permit 19-27 and Conditional Use Permit 19-28 for a restaurant with an ABC Type 41 alcoholic beverage license at 1464 South Harbor Boulevard (Originally Hog and Hen, name changed to MGD Restaurant).
• On April 27, 2020, the Planning Commission approved Conditional Use Permit 19-26 to establish a health club, a Pilates Studio at 1470 South Harbor Boulevard (Club Pilates).
• On April 27, 2020, the Planning Commission approved Conditional Use Permit 19-24 to establish a health club, a dance studio at 1476-1478 South Harbor Boulevard (AKT).
• On July 13, 2020, the Planning Commission approved Conditional Use Permit 20-08 for a restaurant at 1466 South Harbor Boulevard (Originally Orot Kitchen, use changed to a retail store called Sisu).
• On September 28, 2020, the Planning Commission approved Conditional Use Permit 20-11 for an ABC Type 41 alcoholic beverage license in conjunction with a restaurant at 1456 South Harbor Boulevard (Fue Noodle Bar).
• On November 9, 2020, the Planning Commission approved Conditional Use Permit 20-15 for a restaurant at 1458 South Harbor Boulevard (Milk & Mochi).

The property is designated Neighborhood Commercial which is characterized by commercial uses that serve the daily or frequent commercial needs of the residents in the immediate vicinity. The commercial school will provide residents with a facility where children can learn valuable skills in an office type environment.