The project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt from the provisions of CEQA pursuant to Section 15301(a), Class 1: "Existing Facilities" of the CEQA Guidelines. Class 1 consists of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The project consists of interior tenant improvements to an existing commercial tenant suite located within an existing commercial shopping center. No expansion of building square footage is proposed. The project involves no expansion of use.
 

The project is 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 similar projects 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 substantial adverse change in the significance of any historical resource because the building and the property where it is located are not listed on any National, California, or Local registers. Staff does not anticipate any significant impacts or unusual circumstances related to the approval and construction of this project. Therefore, the project is categorically exempt from CEQA. 

RESOLUTION NO. 26-02 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING CONDITIONAL USE PERMIT 25-0017 (CUP25-0017) TO ESTABLISH AND OPERATE A RESTAURANT (A.K.A. DREAMLAND ANIME CAFE) AT 1281 EAST LA HABRA BOULEVARD, UNIT #6 (ASSESSOR'S PARCEL NUMBER 303-011-04), 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(a), CLASS 1: "EXISTING FACILITIES" OF THE CEQA GUIDELINES

The Applicant, Marina Young, on behalf of the property owner, Troy Harbor Development LLC, is requesting the approval of Conditional Use Permit 25-0017 (CUP25-0017) to establish and operate a restaurant (A.K.A. Dreamland Anime Cafe) (the "Project") within an existing 900 square foot tenant space (Unit #6) of an existing 9,900 square foot multi-tenant building, located at 1281 East La Habra Boulevard ("Project Site"). As shown below in Exhibit 1 (Project Site), the 0.70-acre Project Site (outlined in red) is part of a 5.5-acre shopping center comprised of multiple parcels and multi-tenant buildings at the northeast corner of North Harbor and East La Habra Boulevards. 

Exhibit 1: Project Site
  

The General Plan designates the Project Site for Mixed-Use Center 3 land use, which is characterized by parcels developed exclusively for retail or office commercial, multi-unit residential, or for a mix of these uses at a maximum floor area ratio (FAR) of 0.8 for community shopping centers, multi-unit residential at a maximum density of 50 dwelling units per acre, or for a mix of those uses distributed horizontally on the site or vertically in buildings with housing above ground level commercial uses at a maximum FAR of 1.5. The Project Site has a FAR of 0.32, which satisfies the General Plan requirement. The Project Site is located within the La Habra Boulevard Specific Plan (SP-1) Zone and the Mixed-Use (M-X) Overlay Zone, which implement the General Plan's Mixed Use Center 3 land use designation. Pursuant to La Habra Municipal Code (LHMC) Section 18.54.040, the regulations set forth in Chapter 18.54 (Mixed-Use Overlay Zones (MX)) of the LHMC are in addition to the regulations set forth in the base (SP-1) zone. In the event of a conflict between the provisions of the MX Overlay Zone and the provisions of the base zone (SP-1 Zone), the provisions of the MX Overlay Zone prevail. If the MX Overlay Zone is silent in relation to any development standard, the development standard identified in the base zone (SP-1 Zone) prevails. Land use information for the Project Site and each of the surrounding properties is summarized in Table 1 below.

Table 1: Project Site and Surrounding Properties Land Use Information 

Unit #	Tenant
1	Day Spa (River Spa)
2-3	Chiropractor
4	Dentist
5	Nail Salon
6	Proposed Restaurant
7	Vacant Unit
8-10	Restaurant (Arthur's Coffee Shop)

Business	Square Feet (sf)	Requirement	Required
Day Spa	900	4/1,000(k)sf	8
Chiropractor	1800	4/ksf	8
Dentist	900	4/ksf	4
Nail Salon	900	4/ksf	4
Proposed Restaurant	900	10/ksf	9
Vacant Unit	900	4/ksf	4
Restaurant (Arthur's)	2,800	10/ksf	28
Total Parking Spaces Required for Parcel A			65
Dance School (Hart Academy of Dance)	14,100	0.22 per person	45
Retail Store (Magnolia Vintage)	7,700	4/ksf	31
Retail Store (Harbor Freight)	22,500	4/ksf	90
Total Parking Spaces Required for Parcels B & C			166
4th Chamber Training	1,500	0.22 per person	3
Vacant Unit	950	4/ksf	4
Food-to-Go Restaurant (Albert Primos)	950	4/ksf	4
Restaurant (Hamachi Sushi Express)	950	10/ksf	10
Food-to-Go Restaurant (Wing Stop)	1,150	4/ksf	5
Total Parking Spaces Required for Parcel D			26
Total Required			257
Total Available			261

The proposed restaurant (Dreamland Anime Cafe) will be an anime-themed restaurant that will offer drinks and snacks and operate Wednesday through Monday from 11:00 AM to 9:00 PM. The restaurant is proposed to be closed every Tuesday. Customers will order their drinks and snacks at a service counter before finding a seat within the restaurant. No activities requiring an entertainment permit are proposed and no sales activities and/or food service are proposed to occur outside the building. A total of 10 employees will assist with day-to-day operations. Exhibit 2 below shows the proposed floor plan. The majority of the tenant space will be utilized for the dining area, and will feature a total of seven tables and 24 chairs. In addition to the proposed dining and service areas, the Applicant will construct a new 108 square foot kitchen and 56 square foot storage area. A 58 square foot restroom has already been constructed on site that meets all Americans with Disabilities Act (ADA) requirements. This restroom will serve both staff and customers. Given the proposed new building occupancy, the Applicant will need to submit building plans for interior improvements to ensure compliance with the California Building Codes. Those same plans will also be subject to approval from the LA County Fire Department and Public Services Department. With the implementation of the conditions of approval included in the resolution (Attachment 1) regulating noise levels and setting approved hours of operation, in addition to compliance with the LHMC requirements on parking and signage, staff believes that the proposed use will be harmonious with the surrounding uses.

Exhibit 2 - Floor Plan

Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A (Land Use Matrix), approval of a Conditional Use Permit (CUP) is required for the establishment and operation of a restaurant within both the La Habra Boulevard Specific Plan (SP-1) Zone and the Mixed-Use (MX) Overlay Zone. Pursuant to LHMC Section 18.66.040.B, in order to grant the CUP, the Planning Commission must make the findings below. Following each finding, staff has provided justification to make said finding. 

A. The proposed use 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 establishment and operation of the proposed use will require interior improvements only, which will be reviewed during the City's building plan check process to ensure compliance with the California Building Codes. This process will necessitate inspections by the City's Building and Safety Staff before a Certificate of Occupancy is issued. The property is located within the La Habra Boulevard Specific Plan (SP-1) Zone and Mixed-Use (MX) Overlay Zone. Surrounding uses include restaurants, a dental office, a salon, a dance studio, and various other retail uses. The conditions of approval for this Project will ensure that the proposed restaurant will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and enjoyment of surrounding or adjacent properties. Through compliance with the conditions of approval regulating noise levels and setting approved hours of operation, in addition to satisfying the LHMC requirements for parking and signage, the establishment of the restaurant in the existing shopping center will not impair the character of the La Habra Boulevard Specific Plan Zone (SP-1) Zone. Rather, it is expected that the proposed restaurant will integrate harmoniously with other commercial uses within the same shopping center.  

Therefore, the proposed use will not be detrimental to 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. 

B. The subject site is physically suitable for the type of land use being proposed.

The subject site is a 900 square foot tenant space within an established commercial shopping center. The plans for the proposed restaurant use show that the existing commercial tenant suite is adequate in size, shape, and topography to accommodate that proposed use. Since there are no changes to the exterior of the building and/or site, the existing vehicular access points and on-site circulation will continue to serve the site as it does today. The Applicant has provided a copy of the reciprocal parking and access agreement between the five parcels that comprise the shopping center. This agreement allows for all parking spots within the center to be shared between all the tenants to ensure that there is ample parking throughout the entire center. As outlined in the table above, the LHMC requires that the proposed restaurant provide a minimum of 9 parking spaces. Currently, the shopping center provides 261 parking spaces and, pursuant to LHMC Section 18.14.060 (Number of spaces required), only 257 spaces are needed to accommodate the existing tenants, the proposed restaurant, and any future retail tenants within the vacant units. Therefore, including the proposed restaurant in the total count of required parking spaces for the shopping center, the shopping center will still exhibit a surplus of 4 parking spaces. 

Therefore, the subject site is physically suitable for the proposed restaurant use.

C. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.

The subject site is located within the La Habra Boulevard Specific (SP-1) Zone and has a Mixed-Use (MX) Overlay. Both zone classifications implement the Mixed-Use Center 3 General Plan land use designation. Table 18.06.040.A (Land Use Matrix) of the LHMC identifies a restaurant as conditionally permitted within both the La Habra Boulevard Specific Plan (SP-1) Zone and the Mixed-Use (MX) Overlay Zone.  Pursuant to LHMC Section 18.54.040.A, the regulations set forth in Chapter 18.54 (Mixed-Use Overlay Zones (MX)) of the LHMC are in addition to the regulations set forth in the base zone (SP-1 Zone). In the event of a conflict between provisions of the MX Overlay Zone and the provisions of the base zone (SP-1 Zone), the provisions of the MX Overlay Zone prevail. If the MX Overlay Zone is silent in regard to any development standard, the development standard identified in the base zone (SP-1 Zone) prevails. There are no conflicts between the provisions of the SP-1 Zone and the MX Overlay Zone for the development standards applicable to the Project. The Project does not involve exterior modification to the building or the site, so the site remains in conformance with all applicable requirements of the La Habra Boulevard Specific Plan (SP-1) Zone and Mixed-Use (MX) Overlay Zone.

Therefore, the use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
 

D. The proposed use is consistent with the comprehensive general plan. 

The General Plan designates the Project Site for Mixed-Use Center 3 land use. The designation provides for parcels developed exclusively for retail or office commercial, multi-unit residential, or for a mix of these uses at a higher density. The General Plan specifies community shopping centers with a maximum floor area ratio (FAR) of 0.8 as an allowed use within this designation. The Project Site has a FAR of 0.32, which satisfies the General Plan requirement. This Project is for the establishment of a restaurant in a preexisting commercial shopping center tenant suite. The existing tenant suite is currently vacant and the establishment of the proposed use will enhance the center as a desirable destination as a commercial property.

The proposed Project also implements the following General Plan Land Use Policies:

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 restaurant use will involve the reuse of an existing tenant suite to provide local residents with a new spot to enjoy food and non-alcoholic drinks. The business is within walking distance of multiple multi-unit residences and schools.

LU 4.1: Development Compatibility: Require that development is located and designed to assure compatibility among land used, 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 proposed restaurant will utilize an existing tenant suite within an existing multi-tenant shopping center. The proposed project is consistent with the development standards for the La Habra Boulevard Specific Plan Zone (SP-1 Zone) and the Mixed-Use (MX) Overlay Zone related to setbacks, parking, and landscaping. Further, business operations will take place fully within the enclosed building and do not pose any excessive noise or light-related nuances to the adjacent properties.

LU 11.1: Diversity of Uses, of General Plan Goal LU-11: Diverse Districts and Corridors. This policy encourages “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.” While there are numerous cafes located within the City, the Applicant is proposing a unique themed cafe that will create a trendy spot for both regular customers and social media influencers that can attract visitors from both within and outside La Habra.

Therefore, the proposed use is consistent with the City's 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. 

The proposed project is consistent with the following General Plan policies:

 

 

The proposed project implements the following City Council Goals and Objectives: