Recommendation:

Design Review

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING DESIGN REVIEW 19-02 TO CONSTRUCT AN AUTOMOBILE SERVICE STATION AT 1950 WEST LA HABRA BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

Conditional Use Permit – Service Station           

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 19-18 TO ESTABLISH AN AUTOMOBILE SERVICE STATION WITH A CONVENIENCE STORE AT 1950 WEST LA HABRA BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

Conditional Use Permit – Alcohol Sales

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 19-19 FOR AN OFF-SALE BEER AND WINE (ABC LICENSE TYPE 20) IN CONJUNCTION WITH A CONVENIENCE STORE AT 1950 WEST LA HABRA BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
 

The subject parcel is 26,198 square feet in area. The parcel's northerly parcel boundary extends into the La Habra Boulevard right-of-way (approximately 40 feet by 130 feet of right-of-way area). As part of the proposed project, the Applicant will be required to dedicate that area to the City which will reduce the parcel size to 20,801 square feet. The dedication will be required to be finalized prior to the issuance of a permit final for this project. The property abuts an apartment complex, that has two carport structures built along the subject parcel’s easterly and southerly property lines.  The subject property was previously used for the operation of an automobile service station (Mobile) that ceased operation on June 25, 2017. All onsite improvements were demolished and the property has remained vacant for the last 3 years. The Applicant has been in contact with the OC Health Care Agency. At this time, OC Health is waiting for a monitoring report from the Applicant's environmental firm, for OC Health to issue a Notice of No Further Action.

The Applicant is requesting to construct a new Chevron automobile service station that includes a convenience store and canopy that will provide 12 fueling positions. The layout will be similar to the previous service station that included a salesroom/storage building (approx. 912 sf) along the easterly property line and a canopy (approx. 2,376 sf) along the westerly property line. The proposed Chevron station will include a 1,500 square foot convenience store building that will be constructed along the easterly property line. The proposed canopy will be 3,570 square feet in area and will be located near the middle of the property. The project includes 8 onsite parking spaces, a trash enclosure and an air and water dispenser located along the southerly property line. The interior layout of the convenience store will include a large sales area that will include shelves and refrigeration units, a snack bar area, an all gender restroom, walk-in freezer and cooler, storage/utility room and the cashier/transaction area.   The convenience store will provide prepackaged food items, snacks, beverages and convenience items. The facility will also include coffee and heated food items.  The automobile service station and convenience store will operate 24 hours a day 7 days a week. The facility will have 1 to 2 employees at all times. According to the Applicant during heavy seasonal activities, there may be up to three onsite employees. The project also includes a Type 20 ABC license which can authorize off-sale beer and wine. The floor plan identifies 3 coolers located within the store to display the beer and wine. The proposed elevations for the convenience store building have incorporated architectural elements found on the newer residential projects constructed along La Habra Boulevard. As an example, the project includes two tower elements with concrete roof tiles, one with a brick exterior finish with arched openings, and the other designed as a decorative architectural projection to enhance the main entrance with decorative accent tiles and decorative exterior light fixtures similar to the Skylark and Portola Walk housing projects. The project also includes the use of canvas awnings, decorative wall mounted medallions, and wall mounted trellis.  The exterior building colors will be earth tone colors that include light beige (Soft Ivory, Marble Dust, Buck Skin) and brown colors and a gray accent color (Banner Gold, Log Cabin and Italian Basil). The easterly facing building wall (rear) of the convenience store will be constructed with a combination of precision and split face block painted to match the main wall colors of the building. The building will be located 3 inches from the rear property line, and will not have any openings or projections. The rear masonry wall will act as a parapet wall to screen all the roof top equipment.  

The proposed canopy is designed with a tile hip roof, similar to the Costco gasoline service station canopy located across Beach Boulevard. The proposed canopy column supports will be improved with a brick veneer that will match the brick veneer found on the tower element of the convenience store building.
  Analysis
The proposed project is before the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.44.050.F.1.c which requires approval of a Design Review for all new development within the SP-1 Zone. Such projects are subject to the requirements set forth in Chapter 16.68 Design Review of the LHMC. In order to grant the Design Review for this request, all of the following findings must be made:
 

1. The proposed plan is consistent with the City’s General Plan.

2. The proposed plan is consistent with the City’s Zoning Ordinance.

3. The proposed plan is in the best interests of the public health, safety, and welfare of the community.

4. The nature of the proposed land uses and the design is appropriate for the proposed location and is compatible to the surrounding land uses and improvements.

5. The project complies with all requirements of the California Environmental Quality Act.

The Highway Commercial land use designation is characterized by commercial uses that are primarily related to and dependent on the City’s main arterials for patronage and access. Examples include auto sales and service, motels, restaurants, service stations and equipment rental. Thus, the proposed automobile service station is consistent with the General Plan land use designation.

The proposed onsite improvements have been designed to incorporate the architectural standards required by the SP-1, La Habra Boulevard Specific Plan. The La Habra Boulevard Specific Plan also encourages new development that is attractive, inviting and appropriately designed. The proposed project meets those goals by incorporating architectural elements and colors found within new housing projects along La Habra Boulevard to create a cohesive theme throughout the Specific Plan. The project provides sufficient onsite parking, provides a path of travel for pedestrians from La Habra Boulevard to the storefront entrance and includes larger landscape planters along the street frontages.
 
Pursuant to LHMC Section 18.44.050.F.1.c, the Planning Commission may grant deviations from the prescribed development standards to achieve the goals and the objectives of the Specific Plan. The Specific Plan recognizes that a large number of parcels within the Plan area are of an inadequate size to support feasible development with strict compliance with all the prescribed development standards. To accommodate development on these parcels, flexibility to the development standards was made a part of the Specific Plan.

For this particular property, the Applicant has designed the automobile service station with a similar configuration to the original Mobile service station that included the convenience store building near the easterly property line.  The new convenience store building is proposed to be constructed adjacent to the easterly property line to maximize onsite vehicle and fuel tanker truck circulation. Based on the orientation of the property, the rear setback is located along the easterly property line.  The Specific Plan requires a 20-foot rear yard setback; however, the requested deviation involves reducing that setback to 3 inches. This is supported based on the existing improvements found along the easterly and southerly property lines of the subject parcel. The improvements include two carport structures. The nearest adjacent residential structure is located approximately 48 feet to the east and 44 feet to the south (measured from the property line to the residential structure). The subject property’s easterly property line is approximately 139 feet in length. The convenience store building is only 50 feet wide, utilizing approximately 35 percent of the total property length.  The building is also setback approximately 51 feet from La Habra Boulevard which minimizes the size and scale of the building. The approval of the requested deviation does not create a public detriment and promotes the public welfare by improving the overall appearance and operation of the site.

A Traffic Impact Study was prepared to address onsite access, circulation and traffic impacts. The study also includes data obtained from other Cities (Anaheim, Fountain Valley, La Palma, Santa Ana, Culver City) that allow fueling positions at the fuel pumps to be credited towards the onsite parking requirement. The study finds that 50 percent of the pump parking can be credited towards the site parking requirement. Utilizing that method, the subject automobile service station would provide an additional 6 parking spaces for a total of 11 spaces. The Traffic Manager has reviewed the study and determined that there are no public safety concerns with the development. The study also analyzed the refueling tanker truck onsite circulation and found it to be adequate. Staff will include conditions that limit the refueling tanker hours to off-peak periods to allow for safer on and off-site access and circulation.  

The proposed project is also before the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A which requires approval of a Conditional Use Permit (CUP) for the operation of an automobile service station and all alcohol related uses within the SP-1 Zone. In order to grant the Conditional Use Permits for these requests, all of 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 physically 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.

Automobile Service Station
A service station was established on this site in 1963 and was continuously used as such up until 2017. In 1988 the original station was rebuilt and a convenience store was added. The operation of these uses has not proven to be injurious or detrimental to the public welfare. The proposed project has been designed to be consistent with the aesthetic goals, policies and objectives of the La Habra Boulevard Specific Plan. The proposed on-site improvements will enhance both customer and public safety by providing sufficient vehicle maneuvering area onsite, providing code compliant onsite parking, and a pedestrian path of travel from La Habra Boulevard to the convenience store. The project also provides enhanced landscape planers along La Habra Boulevard and Beach Boulevard street frontages.

As noted, the General Plan land use designation for the subject property is Highway Commercial. This designation is characterized by commercial uses that are primarily related to and dependent on the City’s main arterials for patronage and access. Examples include auto sales and service, motels, restaurants, service stations and equipment rental. Thus, the proposed automobile service station is consistent with the General Plan land use designation.

Alcohol Sales
The request also includes a request to sell beer and wine for off-site consumption. The subject property is located within Census Tract 11.03 that includes Whittier Boulevard, parts of Walnut and Idaho Street, and Beach Boulevard.  For this census tract, the California Department of Alcoholic Beverage Control (ABC) allows for 2 off-sale licenses before the census tract rises to a level of “Undue Concentration”.

At this time, there are already 3 active off-sale licenses within the census tract (Rite Aid, Albertsons and Circle Liquor). The proposal would increase the amount to 4 off-sale licenses thus classifying the census tract to have an “Undue Concentration” of off-sale licenses. Pursuant to Section 23958 of the California Business and Professions Code, a determination of “Public Convenience and Necessity” must be made before an additional off-sale ABC license can be issued for this census tract.
 
The automobile service station and the convenience store’s primary use is the sale of gasoline. The convenience store will provide prepackaged food items, snacks, beverages and convenience items. The facility will also sell coffee and heated food items. The requested beer and wine sales are an ancillary use. The proposed alcohol display area within the store totals 17 square feet or 0.01 percent of the total building floor area. In addition, the Applicant will be required to purchase an existing alcohol license within the City and thus, not increase the total number of off-sale licenses in the City. Therefore, a finding of Public Convenience and Necessity can be made, subject to the conditions outlined below.  

The City’s Policy has been to limit the number of new off-sale alcohol licenses, particularly in areas of “Undue Concentration”. Project Applicants have been required to purchase an existing alcohol license (Type 20 or Type 21) within the City before any alcohol sales can take place.  As an example, this condition was included on the CVS project located at 2101 West Imperial Highway in 2018. To date, CVS has not been able to acquire an existing alcohol license. The Policy has been utilized consistently for all new off-sale license requests.

It should also be noted, for this particular project, two of the three existing off-sale licenses within the census tract are located along Whittier Boulevard and Beach Boulevard (Rite Aid and Albertsons). The nearest business, Circle Liquor is located across La Habra Boulevard to the north of the subject parcel. Not all of the licensed facilities are grouped together in one central location. The existing off-sale licenses are separated and located near the major intersections.

As outlined by the General Plan, the Highway Commercial land use designation is characterized by commercial uses that are primarily related to and dependent on the City’s main arterials for patronage and access. That is the case for the subject automobile service station with the convenience store. It will remain dependent on vehicle access and patronage based on its setting and location with the primary function focused on the sale of gasoline.  

The Applicant will also be required to comply with all the requirements from ABC and OC Health. Conditions of approval have been included on the requested actions that have been imposed on similar type projects throughout the City to ensure compatibility and compliance with City codes and ordinances. Since the required findings can be made for each of the requested actions, it is recommended that the Planning Commission approve Design Review 19-02, Conditional Use Permit 20-18 and Conditional Use Permit 19-19 to construct an automobile service station with a convenience store with a Type 20 ABC License at 1950 West La Habra Boulevard, subject to the findings and conditions in the attached resolutions.

Code Compliance

	City Requirements	Proposal
Building Height	50 feet	25 feet - canopy
Building Height	50 feet	25 feet - building
Front Setback (West)	10 feet	37 feet - canopy
Front Setback (West)	10 feet	119 feet - building
Street Side Setback (North)	10 feet	24 feet - canopy
Street Side Setback (North)	10 feet	51 feet - building
Side Setback (South)	10 feet	27 feet - canopy
Side Setback (South)	10 feet	38 feet - building
Rear Setback (East)	20 feet	69 feet - canopy
Rear Setback (East)	20 feet	3 inches - building (1)
Floor Area Ratio	30 %	25 %
Parking	8 spaces	8 spaces (2)
Front Landscape Setback	10 feet	11 feet
Street Side Landscape Setback	10 feet	11 feet

 
(2) The property provides 11 spaces based on the data contained in the Traffic Impact Study.

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

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 15303(C), Class 3: “New Construction or Conversion of Small Structures” of the California Environmental Quality Act Guidelines. 

Related Cases

• On March 19, 1963, building permits were issued for the construction of a service station.

• On December 12, 1988, the Planning Commission approved, Plan Approval 88-06, Conditional Use Permit 88-24, and Conditional Use Permit 88-25 to construct and operate a service station and mini-market. Also approved was Zone Variance 88-30 to reduce the required parking from 10 to 6 spaces. The Planning Commission denied Conditional Use Permit 88-23 to sell beer and wine for off-site consumption. 

• On July 10, 1989, the Planning Commission approved Zone Variance 88-91 to reduce the distance between freestanding signs from 250 feet to 140 feet.

• On September 9, 1991, the Planning Commission approved Conditional Use Permit 91-07, Negative Declaration 91-02 and Zone Variance 91-04 to install an automatic recovery system and a vapor extraction system onsite and a Zone Variance to waive the side yard setback requirement along the east property line.

• On November 8, 1993, the Planning Commission approved Conditional Use Permit 93-24 and Zone Variance 93-13 to continue the use of the automatic recovery system and vapor extraction system and waive the side yard setback requirement along the east property line.  

• On July 7, 2017, a building permit was issued for the demolition of all the onsite improvements including the underground tanks.

None

The property is designated Highway Commercial which is characterized by commercial uses that are primarily related to and dependent on the City's main arterials for patronage and access. Examples include auto sales and service, motels, restaurants, service stations and equipment rental. The proposed automobile service station is consistent with the General Plan land use designation as service stations are identified as appropriate. The project implement Policies LU 4.4 Design Review, LU 2.2 Places to Shop, LU 2.3 Places to Work, LU 3.2 Uses to Meet Daily Needs, LU 11.1 Diversity of Uses, of the General Plan 2035.