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, Class 1 "Existing Facilities" of the California Environmental Quality Act Guidelines.

That the Planning Commission Approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 21-05 TO ESTABLISH A COMMERCIAL SCHOOL AT 501 NORTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS AS PER THE APPROVED PLANS.

The Applicant, Jou Properties I LLC, on behalf of Boaz Rythm/Music Center is requesting approval to operate a commercial school (the "proposed use" or "project"). The proposed use would operate within an existing commercial building on property located at the northwest corner of Harbor Boulevard and Francis Avenue (the "subject property"). The General Plan designates the subject property for Mixed-Use Center 1 land use. The subject property is within the C-P (Commercial Professional) Zone, and the MX (Mixed Use) Overlay Zone. The MX Overlay Zone implements the Mixed-Use Center 1 General Plan land use designation.  Single-family residences are located adjacent to the subject property to the north, and west, across a public alley, on properties designated by the General Plan for Mixed-Use Center 1 land use. The properties to the south, across Francis Avenue, include the La Habra Cyclery, on property designated by the General Plan for Highway Commercial land use; and single family residences, on properties designated by the General Plan for Low Density Residential land use. Properties to the east, across Harbor Boulevard, include O'Reily Auto Parts and a KFC drive-thru restaurant; these properties are designated by the General Plan for Community Shopping Center 1 land use. 

The subject property is a corner lot, approximately 5,665 square feet in area, and improved with a 1,975 square foot single story, commercial building located at the easterly half of the lot. The property is improved with a parking lot located at the westerly half of the lot. Vehicles access the parking lot from Francis Avenue via a 20-foot wide alley, located along the west property line. The parking lot is improved with seven spaces, including an accessible parking space. There is also a bus stop located directly in front of the subject property along Harbor Boulevard.

The proposed commercial school will occupy the entire building. The business operator Boaz Rhythm/Music Center will provide classes that include rhythm gym, music Taekwondo, nanta drum and private drum lessons. The classes for rhythm gym, music Taekwondo and nanta drum will be limited to a maximum of eight students per class. Private drum lessons are limited to two students per class. Rhythm gym is described as a workout that incorporates jumping and clapping. Music Taekwondo incorporates music and rhythm with Taekwondo training. Nanta drum is described as an energetic drum session with a group of drummers. Classes will be made available to all age groups; in addition, the facility will also offer online/virtual classes.

The proposed use will operate six days a week, Monday through Saturday, with five classes each day. Each session is approximately 45 minutes in duration with a 15-minute break in between each class.  Monday through Friday, the first class will begin at 2:00 p.m. and the last class will end at 6:45 p.m. Group classes (rhythm gym, music Taekwondo, nanta drum) take place during the afternoon between 2:00 p.m. and 4:45 p.m., followed by two private drum classes that take place between 5:00 p.m. and 6:45 p.m., which will limit the number of students in the late afternoon hours.   The Saturday class schedule includes the same five classes with the first class starting at 10:00 a.m and the last class ending at 2:45 p.m. The facility will be closed on Sundays. The facility is expected to have one to three employees.


The proposed use will operate within an existing building. The subject building's interior layout will include the main classroom/lesson room, drum recording room and drum showroom; these rooms will be located against the southerly end of the building away from the adjacent single-family residences to the north. The floor plan includes a kitchen, restrooms, break room, study room and reception area all located against the northerly end of the building. The main access to the building is located at the northeast corner of the building facing onto Harbor Boulevard. There are two other access doors located along the west and south facing building elevations. The entryway located at the southeast corner of the building will be removed and replaced with a glass storefront window to showcase the drum kit within the drum showroom. The total floor area dedicated to the music instruction is approximately 771 square feet or 39 percent of the overall building area. The areas that are proposed to be used for music instruction will be retrofitted with sound absorption insulation. The drum showroom will feature a drum isolation booth, capable of enclosing the entire drum kit.

CODE COMPLIANCE
 

C-P Development Standards	Required	Provided
Building Height	35 feet	19 feet
Front Setback (East)	15 feet	6 feet*
Side Setback (North)	5 feet	5 feet
Street Side Setback (South)	10 feet	Zero setback**
Rear Setback (West)	20 feet	43 feet
Floor Area Ratio	3,965 sf (70%)	1,975 sf (34%)
Parking	3 spaces	7 spaces
Onsite Landscaping	141 sf (7%)	91 sf (4%)***

*Zone Variance approved on 11-23-70
**Zone Variance approved on 12-28-70

The project is before the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A of Chapter 18.06 (Zones Established-Zoning Map Boundaries and Land Uses), which requires a Conditional Use Permit (CUP) for all commercial schools. Projects that require a CUP must be approved by the Planning Commission pursuant to LHMC Chapter 18.66 (Conditional Use Permits). In order to grant the CUP, the following findings must be made:

The proposed use would provide music instruction to small groups, limited to a maximum of eight individuals, including rhythm gym, music Taekwondo, nanta drum and private drum lessons. The proposed use will wholly take place within an enclosed commercial building that will be required to comply with all LHMC requirements including the Noise Ordinance. As previously described, single-family residences are located in proximity to the proposed use. The exterior noise standard established by the LHMC for a residential area is 55 decibels between the hours of 7:00 a.m. to 10:00 p.m. A drum kit can reach 90 to 130 decibels at the source. The rooms in which the classes will take place are not directly located adjacent to the single-family residences and will be insolated with sound absorption walls and materials.  In order to comply with the Noise Ordinance, the Applicant is proposing to fully improve the rooms in which music instruction will take place with acoustic absorption walls and materials. This includes a sound isolation booth to contain exterior noise levels below the Noise Ordinance's set standard. According to the sound isolation booth specifications, the booth can reduce noise levels by up to 35 decibels; taking that into consideration, interior noise levels can be expected between 55 and 95 decibels at the source. The building's construction type (masonry structure) also contributes to further reducing noise levels which will dissipate based on the ambient noise levels along Harbor Boulevard. In addition, the proposed hours of operation for the proposed use are reasonable, as the earliest class will take place at 10:00 a.m. on Saturdays and evening classes will end at 6:45 p.m., Monday through Friday. Furthermore, the evening classes are limited to a maximum of two students. Staff is recommending, as a condition of approval for the proposed use, that the buildings exterior doors remain closed during business hours; and, in the event that the City were to receive noise complaints, the Applicant will be required to hire a licensed professional to prepare an acoustical analysis (noise study). The Applicant will be required to implement all the mitigation measures outlined in the noise study as approved by the Planning Division. With the proposed interior improvements and conditions of approval, it is not anticipated that the operation of the facility will be detrimental to the public welfare or unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties. 

Pursuant to LHMC Section 18.08.070.B, any property that is subject to discretionary review by the Planning Commission is required to be brought into compliance with all current development standards to the extent physically possible as determined by the Planning Commission. The property has been granted two Zone Variances for the reduction of the front and street side setbacks, limiting the amount of landscaping along the street frontages. The property's design and parking layout also limits the possibility to include onsite landscaping in the sum of 141 square feet or seven percent as required by the Zoning Code. The Applicant has made an attempt to comply by installing landscape planters with vine pockets within the subject property's parking lot near the north, south and west property lines. The proposed improvements will add approximately 91 square feet, or four percent of onsite landscaping.  Along the east and south elevations, the property is improved with narrow landscape planters located in between the building's arches; these landscape areas will be maintained with the proposed use. The project site meets all other LHMC requirements for the proposed use including parking. The parking requirement for the operation of a commercial school with eight students is three spaces, based on a ratio of 0.35 spaces per student. The property is improved with a total of seven spaces. Therefore, the site is physically suitable for the proposed land use.

The LHMC provides a Land Use Table (18.06.040.A) that allows commercial schools within the C-P Commercial Professional zone with the approval of a CUP granted by the Planning Commission.

The General Plan designates the subject property for Mixed Use Center 1 land use. This designation is intended for the development of mixed use projects that enable people to live close to places where they shop, work, dine, are entertained, and socialize with their neighbors, reducing the need to travel long distances by the automobile while increasing opportunities for walking. The proposed use will provide an educational facility that is in proximity to a bus stop, residential neighborhoods and other commercial uses, consistent with the intent of the land use designation. The General Plan allows commercial development within the Mixed Use Center 1 land use designation at a Floor Area Ratio (FAR) of up to 0.50; the proposed use will operate within the existing commercial building, which has a FAR of 0.34, below the maximum permitted FAR for the subject property.  

As indicated in the above paragraphs, the proposed use meets the required findings for a CUP; and therefore, staff recommends approval of the proposed use, subject to the conditions in the attached CUP resolution.

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, this project is exempted by the Water Quality Ordinance from the preparation of a WQMP.

The General Plan designates the subject property for Mixed Use Center 1 land use. This designation is intended for the development of mixed use projects that enable people to live close to places where they shop, work, dine, are entertained, and socialize with their neighbors, reducing the need to travel long distances by the automobile while increasing opportunities for walking. The proposed use will provide an educational facility that is in proximity to a bus stop, residential neighborhoods and other commercial uses, consistent with the intent of the land use designation. The General Plan allows commercial development within the Mixed Use Center 1 land use designation at a Floor Area Ratio (FAR) of up to 0.50; the proposed use will operate within the existing commercial building, which has a FAR of 0.34, below the maximum permitted FAR for the subject property.  

The project implements Policies LU 4.1 Development Compatibility, LU 11.1 Diversity of Uses, LU 11.8 Buffering Adjoining Residential Areas and ED 7.3 Pre-Teen through Young Adult Health and Lifestyle Enrichment Programs of the General Plan 2035.