Skip to main content

AgendaQuick™

View Agenda Item

Item No. 3. 
MEETING DATE: May 12, 2025
 
TO: PLANNING COMMISSION
 
FROM: SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT
By: Ash Syed, Senior Planner

 
SUBJECT:
A DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT (CUP 24-0013) TO OPERATE AN EDUCATIONAL INSTITUTION AT 1515 WEST WHITTIER BOULEVARD (ASSESSOR'S PARCEL NUMBER: 017-143-18)

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):


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(e), Class 1: "Existing Facilities" of the CEQA Guidelines because the proposed Project will only result in a negligible 1,000 square foot expansion, for an outdoor play area, to an existing 2,000 square foot tenant space within an established 58,500 square foot shopping center. The Class 1 Exemption is applicable to additions of up to 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less.

The Project is also not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this Project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The Project is not located along any state-designated scenic highway nor within any designated hazardous waste site. The Project will not cause a substantial adverse change in the significance of any historical resource. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the Project. Therefore, the Project is categorically exempt from CEQA.

RECOMMENDATION:

That the Planning Commission approve and adopt:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING A CONDITIONAL USE PERMIT (CUP 24-0013) TO OPERATE AN EDUCATIONAL INSTITUTION AT 1515 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 (CEQA) PURSUANT TO SECTION 15301, CLASS 1: "EXISTING FACILITIES" OF THE CEQA GUIDELINES

DISCUSSION:

The Applicant, Silenna Brown, the founder of Creative Little Rascals Preschool, on behalf of Lakeside Resources, LLC, the property owner, is requesting the approval of a Conditional Use Permit (CUP 24-0013) to operate an educational institution (Creative Little Rascals Preschool) (the "Project") at 1515 West Whittier Boulevard, within an existing 2,000 square foot suite (the "subject tenant space") that is part of the 58,500 square foot La Habra Gateway shopping center. The subject shopping center comprises a 5.4-acre property (the "Project site") at the southwest corner of the Whittier Boulevard and Hacienda Road intersection (see Exhibit 1 below and Attachment 2).
 
Exhibit 1: Vicinity Map


The General Plan designates the Project site for Neighborhood Commercial land use, and it is located within the C-2 (Commercial) Zone, which implements the General Plan Neighborhood Commercial land use designation. The Project site was developed with three buildings in 1961. The first building, located at the southwest corner of the Project site, is occupied by Ostioneria Colima restaurant. The second building, located at the southeast corner of the Project site, has three tenant spaces, which are occupied by Vazquez Valera Tax Services, Baskin Robbins, and a vacant suite last occupied by Winchell's Donuts. Finally, the third building, located in the northern portion of the Project site, is a multi-tenant building that includes O'Reilly Auto Parts, Sanderling Dialysis Center, Hacienda Plaza Barbers, M&M Tobacco, Prestige Martial Arts, One Main Financial, Inka Express Peruvian, Smooth Dental, Big League Pizza, Tutor Zone, and Elegant Nails. The subject tenant space is located in between Smooth Dental and Big League Pizza and is identified above in Exhibit 1. The General Plan designation, zoning, and existing land use for the Project site and each of the surrounding properties is provided in Table 1 below:   
 
Table 1: Project Site and Surrounding Properties 
Location General Plan Designation Zoning Existing Land Use
Site: Neighborhood Commercial
(0.3 FAR)
C-2 La Habra Gateway
Shopping Plaza
North: Neighborhood Commercial
(0.3 FAR)
C-2 Drive Aisle connecting the Project site to the La Habra Town Center
East: Commercial Highway
(0.3 FAR)
C-2 La Habra Town Center
Shopping Center
South (across
Whittier Blvd):
Corridor Mixed-Use 1 C-2
Mixed-Use (MX) Overlay 
Sherwin Williams Paint 
Big 5 Sporting Goods 
One-Story Office Building
West (across
Hacienda Road):
Low Density Residential
Mixed-Use Center 1
Single-Unit Dwelling (R-1b) 
C-2 and MX Overlay
Single-Unit Dwellings
Car Wash
 
As depicted below in Exhibit 2, and Attachment 3, the subject tenant space was last occupied by Prestige Martial Arts & Fitness in 2022, which operated under Conditional Use Permit (CUP 17-20). On November 13, 2023, the Community and Economic Development Director approved Administrative Adjustment 23-09, to allow for the relocation and continued operation of the martial arts studio, in another tenant space within the same building, since both tenant spaces are similar in size, located on the same parcel, and operations would remain consistent with the originally approved conditional use permit. Other than changes in signage, the proposed use would not make any other changes to the exterior of the subject tenant space.
 
Exhibit 2: Exterior

 
The Applicant is proposing to operate a licensed preschool in the subject tenant space, as further detailed and described in the attached Letter of Operation (see Attachment 5). The preschool would operate from Monday through Saturday, from 5:00 a.m. to 10:00 p.m. The preschool would be staffed by four to six employees, including a director, lead teachers, and support staff, and would serve up to 30 children at full capacity.

As depicted in Exhibit 3 below, and Attachment 4, the Applicant has proposed an interior layout with circular tables for snacks and discussion toward the entrance, cubbies for toys and children’s belongings toward the middle, a storage area for toys, floor mats, and sleeping cots behind that, and a break area with two ADA-restrooms at the rear of the 2,000 square-foot suite.
 
Exhibit 3: Floor Plan


As depicted in Exhibit 4 below, and Attachment 6, the Applicant has proposed a 1,000-square-foot outdoor play area, with a play structure, sitting area, and outdoor toys, enclosed with white vinyl fencing, across seven parking spaces just outside the rear entrance to the suite. No other modifications related to on-site landscaping or vehicular access have been proposed as part of the scope of work. There will continue to be access to the Project site from Whittier Boulevard from the south, Hacienda Road from the west, and the La Habra Town Center shopping center from the east. The La Habra Gateway tenants will continue to share parking in the shopping center's parking lot.  The shopping center currently provides a total of 221 parking spaces. With the addition of the outdoor playground area, seven parking spaces will be removed, resulting in the total amount of parking being reduced to 214 parking spaces. However, the proposed 214 parking spaces will still exceed the minimum 202 parking spaces required for this site by the La Habra Municipal Code. Even with the addition of the outdoor play area, the subject multi-tenant building will continue to comply with the development standards of the C-2 Zone, as identified in Table 2 below.
 
Exhibit 3: Outdoor Play Area
 
Table 2: Commercial (C-2) Development Standards
Development Standard Required Proposed
Front Setback 15 Feet 135 Feet
Street-side Setback 10 Feet 102 Feet
Interior Side Setback 0 Feet 0 Feet
Rear Setback 20 Feet 56 Feet
Building Height 4 Stories / 50 Feet 1 Story / 33 Feet

ANALYSIS: 
Conditional Use Permit (CUP 24-0013)
Pursuant to LHMC Section 18.06.040.A, a Conditional Use Permit (CUP) is required for an educational institution in the C-2 Zone. Pursuant to LHMC Section 18.66.070(C), in order to approve a CUP, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the required findings:

1. The granting of such 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.
The proposed use is an educational institution (Creative Little Rascals Preschool), which is permitted within the C-2 Zone, subject to the approval of a CUP. The location is an existing suite within the La Habra Gateway shopping plaza that currently features a variety of commercial businesses of similar intensity. The addition of this use to the shopping plaza will not interfere with the use, possession, or enjoyment of the adjacent businesses and will provide a use that does not create a conflict of interest with any of the existing businesses within the surrounding properties. The proposed business includes an outdoor play area that will reduce the La Habra Gateway shopping center's parking by seven parking spaces to 214 parking spaces, which will still exceed the 202 parking spaces required for this site by the LHMC. By operating from 5:00 a.m. to 10:00 p.m., the proposed business will be a convenient service to the residents of La Habra who need access to a preschool with extended operating hours. Therefore, the approval of the Conditional Use Permit will not be detrimental to the public welfare, will not interfere with the use, possession and enjoyment of surrounding and adjacent properties, and will not impair the character of the Commercial (C-2) zone. 

2. The subject site is physically suitable for the type of land use being proposed.
The proposed educational institution will operate within an existing tenant space, in a multi-tenant building that is part of the La Habra Gateway shopping center. Proposed building modifications primarily include interior tenant improvements and the addition of a 1,000-square-foot outdoor play area at the rear of the shopping center. There are no other changes to the exterior of the existing building, the drive access points, onsite landscaping, or onsite circulation. Even with the addition of the 1,000-square-foot outdoor play area, the subject multi-tenant building remains consistent with all applicable development standards required for the C-2 Zone. Although the 221 onsite parking spaces will be reduced to 214 parking spaces after the dedication of seven parking spaces for the outdoor play area, the site continues to exceed the minimum number of parking spaces required by the LHMC for this site. Therefore, the subject site is physically suitable for the land use proposed.

3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
Per Table 18.06.040.A (Land Use Matrix) of the LHMC, educational institutions are permitted within the C-2 Zone subject to the approval of a Conditional Use Permit. Staff reviewed the Project plans and determined that the proposed use complies with all applicable LHMC requirements. Therefore, the proposed use is conditionally permitted within the C-2 Zone and complies with the intent of all applicable provisions of the Zoning Ordinance. 

4. The granting of this conditional use permit is consistent with the comprehensive General Plan.
The General Plan designates the Project site for Neighborhood Commercial, which is characterized by commercial uses that serve the daily or frequent commercial needs of the residents in the immediate vicinity. The Applicant is proposing an educational institution within an existing tenant space of a multi-tenant building that is part of the La Habra Gateway shopping center. The proposed use will serve the daily or frequent commercial needs of residents in the immediate vicinity. The proposed Project is consistent with the following General Plan policies:

CI 5.3: Working Parents: Encourage and coordinate supervised childcare, after-school, and summer programs that assist working parents and enrich the lives of child participants. 
- The proposed business gives La Habra parents with young children a safe option for childcare and early development.
ED 7.2: Child Health and Lifestyle Enrichment Programs: Encourage and coordinate supervised childcare, after-school, and summer programs that assist working parents and enrich the lives and health of child participants.
- The proposed business offers La Habra parents with young children a safe option for childcare that is available during early mornings and late nights to accommodate atypical work schedules. 
LU 3.2: Uses to Meet Daily Needs: Encourage uses that meet daily needs such as grocery stores, local-serving restaurants, and other businesses and activities within walking distance of residences to reduce the frequency and length of vehicle trips.
 - The proposed childcare center is located within a primary shopping center in the City, giving parents access to a safe option for childcare and early development locally. Located just south of a large residential community within the City, the childcare facility will be within walking distance or a short drive for parents. 
LU 10.2: Daycare Centers: Maintain regulations for large-family daycare facilities (as defined by the State of California) and childcare centers to minimize impacts on residential neighborhoods, to the extent permitted by state law. 
- The proposed business is a daycare center that is licensed and regulated by the State, with certified directors and caregivers, providing early morning and late evening child care for parents with young children.
LU 11.1: Diversity of Uses: Provide for and encourage the development of a broad range of uses in La Habra's commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.
- The proposed business is a daycare center within an existing shopping center that already features a variety of commercial uses, such as restaurants, medical offices, and auto servicing stores. 
LU 17.5 School Parking and Access: Work with schools to ensure that parking and student drop-offs are located to minimize impacts on adjoining residential neighborhoods.
- The proposed business is located toward the center of the building and drop-offs/pick-ups will take place at the front entrance only, on the southern side, away from any residential uses. 

Therefore, the granting of the CUP is consistent with the General Plan.

FISCAL IMPACT/SOURCE OF FUNDING:

The Applicant has paid for the processing cost associated with the Conditional Use Permit, which totals $6,759.00.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):

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.

GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:

The Project is consistent with the following General Plan policies:

CI 5.3: Working Parents: Encourage and coordinate supervised childcare, after-school, and summer programs that assist working parents and enrich the lives of child participants. 
- The proposed business gives La Habra parents with young children a safe option for childcare and early development.
ED 7.2: Child Health and Lifestyle Enrichment Programs: Encourage and coordinate supervised childcare, after-school, and summer programs that assist working parents and enrich the lives and health of child participants.
- The proposed business offers La Habra parents with young children a safe option for childcare that is available during early mornings and late nights to accommodate atypical work schedules. 
LU 3.2: Uses to Meet Daily Needs: Encourage uses that meet daily needs such as grocery stores, local-serving restaurants, and other businesses and activities within walking distance of residences to reduce the frequency and length of vehicle trips.
 - The proposed childcare center is located within a primary shopping center in the City, giving parents access to a safe option for childcare and early development locally. Located just south of a large residential community within the City, the childcare facility will be within walking distance or a short drive for parents.
LU 10.2: Daycare Centers: Maintain regulations for large-family daycare facilities (as defined by the State of California) and childcare centers to minimize impacts on residential neighborhoods, to the extent permitted by state law. 
- The proposed business is a daycare center that is licensed and regulated by the State, with certified directors and caregivers, providing early morning and late evening child care for parents with young children.
LU 11.1: Diversity of Uses: Provide for and encourage the development of a broad range of uses in La Habra's commercial centers and corridors that reduce the need to travel to adjoining communities, and capture a greater share of local spending.
- The proposed business is a daycare center within an existing shopping center that already features a variety of commercial uses, such as restaurants, medical offices, and auto servicing stores. 
LU 17.5 School Parking and Access: Work with schools to ensure that parking and student drop-offs are located to minimize impacts on adjoining residential neighborhoods.
- The proposed business is located toward the center of the building and drop-offs/pick-ups will take place at the front entrance only, on the southern side, away from any residential uses. 

The Project is consistent with the following City Council goals and objectives:

- Goal 5: Development Activity and Business Assistance
            Objective D: Continue to improve the City's business retention and expansion program.

Attachments