This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15332, Class 32: "In-fill Development Projects" of the California Environmental Quality Act Guidelines. The project site is less than five acres, located within an urbanized area and complies with all required criteria under CEQA to qualify for a Class 32 exemption.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING TENTATIVE PARCEL MAP 2022-131 TO SUBDIVIDE A LOT TO CREATE THREE PARCELS AT 701 TO 777 SOUTH BEACH BOULEVARD AND 2060 WEST LAMBERT ROAD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING DESIGN REVIEW 22-04, CONDITIONAL USE PERMIT 22-14 AND CONDITIONAL USE PERMIT 22-15 TO CONSTRUCT AND OPERATE COMMERCIAL BUILDINGS FOR AN AUTOMOBILE SERVICE FACILITY AT 777 SOUTH BEACH BOULEVARD AND A DRIVE-THROUGH RESTAURANT AT 2060 WEST LAMBERT ROAD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS

The Applicant, Vermeulen Properties #4 LLC, is requesting to subdivide a 3.5-acre property, located at the southwest corner of Lambert Road and Beach Boulevard, into three separate legal parcels, as shown in Exhibit 1. The property is currently a single lot that was assigned three Assessor identification numbers for tax conveyance purposes only. Parcel No. 1 is used seasonally as a pumpkin patch and a Christmas tree lot; during the remainder of the year, it is typically vacant. Parcel Nos. 2 and 3, are developed with Del Taco and Carl's Jr. drive-through restaurants, respectively. The Applicant is requesting to establish Parcel No. 1 as a separate lot on which they will construct and operate an automobile service facility (America's Tire) and a drive-through restaurant (Dutch Bros. Coffee). The applicant is not proposing any physical changes to Parcel Nos. 2 and 3, which is why they are labeled "not a part" on Exhibit 1; however, they are included in the request for a proposed Tentative Parcel Map to officially establish Parcel Nos. 2 and 3 as separate, independent parcels too.

EXHIBIT 1


Exhibits 2 and 3 below, show the General Plan land use designations for the subject property and surrounding properties; Exhibit 2 also provides the zoning and existing land use. Exhibit 4 provides an aerial view of the project site (outlined in pink).

EXHIBIT 2

	General Plan Designation	Zoning	Existing Land Use
Project Site	Highway Commercial	C-2 (Commercial)	Vacant Lot and Carl's Jr and Del Taco Drive Through Restaurants
North (across Lambert Rd.)	Residential Medium Density, Residential Multi-family and Neighborhood Commercial	R-3 (Limited Multiple Family Dwelling); R-4 (Multiple Family Dwelling); and C-2 (Commercial)	Commercial Shopping Center and Apartments
East (across Beach Blvd.)	Highway Commercial and Mixed Use Center 1	C-2 (Commercial)/Mixed Use Overlay	Animal Hospital, Public Storage Facility and Motel
South	Residential Low Density	R-1c	Single-Family Homes
West	Residential Low Density	R-1c	Single-Family Homes

  
EXHIBIT 3

EXHIBIT 4

 

As depicted in Exhibits 5 and 6, the Applicant proposes to construct a two-story, 17,750-square foot commercial building, near the southeast corner of Parcel No. 1, south of Parcel No. 2 (Del Taco), adjacent to Beach Boulevard, to house the proposed automobile service facility (America's Tire). The building will be located approximately 68 feet from the southern property line and 125 feet from the western property line; the two property lines that abut the adjacent single-family residences. 

As depicted in Exhibit 5, the America's Tire building consists of a prototype design that includes aluminum composite exterior panels along the north, east and south building elevations with painted split face masonry walls, and a stone wainscot. The westerly building elevation includes a tower element finished with a stone veneer that will match the tower element design found on the north building elevation over the main pedestrian entrance to the building. The building will feature a flat parapet roof with varying height with metal coping and a metal awning over the main pedestrian entrance along the north elevation. Building colors include the America's Tire brand colors: white, gray and black with a red trim and accent color. The building elevations depict conceptual wall signs for America's Tire and gray arrows as a design element as part of Design Review 22-04. Should the Planning Commission approve Design Review 22-04, the applicant will submit final sign plans that conform with the design shown, but will undergo plan check by Building and Safety for compliance with the Building Code. 

The two-story building is proposed to include an 8,925 square foot first floor, with three sales bays and three service bays, a customer lounge/waiting area, and restrooms; and, an 8,825 square foot second floor that will be used for tire storage, as shown in Exhibit 6.  Also proposed is a 32 by 46-foot wide, 12-foot tall freestanding canopy that is located six feet from the southerly property line, as shown in Exhibit 7. The service canopy will feature split face masonry support columns and an aluminum composite canopy painted to match the building. The canopy will have four check-in stations equipped with tire pressure and tire tread monitors and air stations; except for check-in and these limited services, all sales and service will take place within the building. The facility will provide sales of tires and wheels including consultation, tire rotation, tire balance, tire inspections, flat repair and tire pressure sensor service.

The hours of operation will be Monday to Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 5:00 p.m. and closed on Sunday. The facility will employ six to ten employees.  Conditions of approval have been included that enforce Noise Ordinance compliance and prohibit outdoor storage and display of merchandise.

EXHIBIT 5

 

EXHIBIT 6


Exhibit 7

Dutch Bros. Coffee
As also depicted in Exhibit No. 8 below, the Applicant proposes to construct and operate a one-story, 950-square foot, drive through restaurant (Dutch Bros. Coffee), within the northern portion of Parcel No. 1, adjacent Lambert Road and west of Parcel No. 3 (Carl's Jr.). The building will be setback 47 feet from Lambert Road, 54 feet from the westerly property line and approximately 350 feet from the southerly property line. The restaurant will feature a small outdoor patio area, facing north and a customer walk up window at the northwest corner of the building. The interior of the restaurant will include one unisex restroom and will not include any interior dining or customer seating areas. The restaurant will be designed with vertical ribbed metal siding along the exterior building walls. Also included is a stone wainscot along the north, east and west building elevations and along the columns of a patio cover located along the west elevation near the customer walk up window. The building will also include metal awnings near the entrances and pickup window. The building will be painted with two different shades of gray and dark blue. 

Similar to the proposed automobile service facility, the proposed elevations for the drive-through restaurant depict conceptual wall signs featuring the business name and logo. The project's exterior signs, onsite directional signs including the freestanding signs have been designed to compliment the proposed building design. Should the Planning Commission approve Design Review 22-04, the applicant will submit final sign plans that conform with the design shown, but will undergo plan check by Building and Safety for compliance with the Building Code. 
 

Vehicles will be able to access both the automobile service facility and the drive-through restaurant from driveways off of either Beach Boulevard or Lambert Road. The Applicant is proposing to construct an eight-foot-high monument sign near each driveway, which will advertise both businesses. Should the Planning Commission approve Design Review 22-04, the applicant will submit final sign plans that conform with the design shown, but will undergo plan check by Building and Safety for compliance with the Building Code, and Public Works for sign placement and line of sight for vehicle circulation and safety. 

From the Beach Boulevard and Lambert Road driveways, customers will either park their cars or travel via the drive aisles to either the automobile services facility's canopy area or the drive through queuing area. The proposed uses will share parking within the subject property. Within Parcel No. 1, there are 13 parking spaces located in the northern portion of the parking lot and 26 parking spaces located in the southern portion. While the drive-through restaurant and automobile services facility will share parking, each use will have its own trash enclosure, identified by the number "4" in Exhibit 1.

Once on-site, customers for the automobile service facility will travel via the drive aisles on the subject property to either park their cars or enter the freestanding canopy area. Staff will greet customers within the canopy area and identify the customer's service and/or sales needs. From the canopy area, customers will travel into one of the service or sales bays on the north side of the building. All sales and service of vehicles, except for the tire pressure and tire tread monitors and air stations under the canopy, will take place within the building. Once the customer's vehicle is parked within the bay, customers will enter the main pedestrian entrance to the building, located on the north elevation. Once service on the vehicle is complete, customers will exit their vehicles out the south side of the building and exit the property via the on-site drive aisles and either the Lambert Road or Beach Boulevard driveways. All deliveries to the facility will take place via the delivery entrance located along the west building elevation.  

Customers to the drive-through restaurant will travel via the drive aisles to either park their vehicles or enter the drive-through lane. The drive-through has been designed with two vehicle queuing lanes located along the east side of the parcel that merge into a single lane at the pickup window located on the east side of the building. The restaurant will include menu boards within the queuing lanes that will feature specialty beverages. The Dutch Bros. Coffee drive through will not include a drive up speaker box. Dutch Bros. Coffee will have three to four staff members within the queue lanes dedicated to taking drink orders and receiving payments via handheld devices similar to other drive through restaurants (In-N-Out Burger, Chick-fil-A, Starbucks). This method will help speed up orders and limit noise emissions.  Vehicles can then exit north onto Lambert Road or travel south on the parcel to exit onto Beach Boulevard near America's Tire. The vehicle queue has been designed to hold 21 vehicles. 
 

Parcel No. 1 will be improved with 15-foot wide front landscaped setbacks along Beach Boulevard and Lambert Road. The parcel will also provide a six-foot wide landscape setback along the entire southerly property line, and a 20-foot wide landscape setback along westerly property line that tapers down to 11 feet wide near Lambert Road. The Applicant is proposing to plant trees along a portion of the southerly property line to help screen the America's Tire commercial building. Parcel No. 1's topography features a sloped area along the westerly property line, in which the adjacent single family neighborhood to the west is at a higher elevation than the finish grade of the project site. It should also be noted that a large majority of the project site is currently improved with six foot high masonry stucco walls located along the southerly and westerly property lines of Parcel No 1, that help screen and separate the commercial buildings from the adjacent residential areas. However, once the project site has been graded, new retaining walls will be required onsite and portions of the existing masonry walls may need to be increased in height to comply with Zoning Code. Therefore, the project has been conditioned to provide and maintain the six-foot-high masonry walls along the southerly and westerly property lines adjacent to the single-family homes.

Traffic Management Plan
An analysis of the proposed project's trip generation, vehicles miles traveled (VMT) and drive-through queuing was prepared by LSA consultants. The Applicant selected LSA to prepare the analysis as the company has prepared simitar studies for other projects located within the City. LSA provides a variety of Environmental services including Transportation and Mobility.

LSA's analysis determined that the project is anticipated to generate 501 average daily trips including 64 a.m. peak hour trips and 53 p.m. peak hour trips for both the drive-through restaurant and the automobile service facility. The Applicant will be required to pay for the Citywide Traffic Improvement fee based on the number of p.m. peak hour trips. This fee is used to maintain and improve roads, intersections and infrastructure Citywide. 

The proposed project was reviewed for VMT using the North Orange County Collaborative (NOCC) VMT Traffic Study Screening Tool. Since the proposed drive through restaurant and automobile service facility are classified as local serving retail of less than 50,000 square feet, the proposed project did not meet the threshold set by the tool, for requiring a detailed VMT analysis. This determination is based on the theory that by placing local serving retail within an area already served by similar uses, the net impact to VMT is neutral or reduced.

LSA compared the proposed drive-through restaurant's queuing to the queuing for the nearest Dutch Bros Coffee, which is located in Eastvale. According to the data, the maximum observed queues included a total of 28 vehicles on a Saturday between 11:50 a.m. to 11:55 a.m. and 24 vehicles on a Tuesday between 11:40 a.m. to 11:45 p.m. The La Habra project has been designed to accommodate up to 21 vehicles. However, in a preemptive effort to control the volume of vehicles in the queue during peak hours, a Traffic Management Plan (TMP) was created and approved by the Traffic Manager. The plan includes onsite directional signage to direct traffic and the use of the internal drive aisle located along the west with one-way circulation flowing southbound and the drive aisle located along the north of the proposed automobile service facility. The two internal drive aisles can accommodate up to an additional 12 vehicles, for a combined queuing capacity of 33 vehicles.  The analysis also determined, based on Dutch Bros. customer count data, that the morning peak hours are from 7:00 a.m. to 9:00 a.m. and the evening peak hours are from 3:00 p.m. to 5:00 p.m. During the peak hours, restaurant staff will employ traffic control measures to utilize the maximum vehicle queuing available and direct vehicles into the waiting areas or exit lanes, if needed, to ensure that all drive aisles are kept clear.  There will also be three to four employees dedicated to taking orders within the queue lanes, receiving payment and delivering drinks. All orders will be taken via handheld devices, as the restaurant will not include a speaker order box. According to the applicant, these measures have proven effective in reducing customer wait times to 30 to 45 seconds and significantly minimizing the potential for queuing outside the dedicated drive through lanes. In comparison, the Starbucks on Imperial Highway and Beach Boulevard in the La Habra Marketplace has a queuing capacity of 11 vehicles and the Tierra Mia Coffee on Whittier Boulevard in the Northgate Market Towne Center has a queuing capacity of seven vehicles. The adjacent Carl's Jr. drive through has a queuing capacity of eight vehicles and the Del Taco has a queuing capacity of seven vehicles.

The project complies with all requirements of the California Environmental Quality Act (CEQA) and has been determined to be exempt under the Type 32 In-Fill Exemption. To qualify for this exemption, a project must meet the following criteria. Staff has provided justification in support of the Type 32 In-Fill Exemption:

The project site is designated by the General Plan for Highway Commercial land use and located within the C-2 (Commercial) Zone, which implements the Highway Commercial land use designation. The project does not involve a zone change or general plan amendment and the project complies with all of the C-2 Zone development standards, as outlined in the code compliance table included in the staff report.

The subject property is located within the City limits on the corner of a Primary Arterial Highway (Lambert Road) and a Major Arterial Highway (Beach Boulevard). The project site for the subject Tentative Parcel Map is 3.5 acres; the project area for the proposed drive-through restaurant and automobile service facility is two acres within the larger 3.5-acre project site. Furthermore, the project site is surrounded by a commercial shopping center and apartment buildings to the north, across Lambert Road; an animal hospital, public storage facility and a motel to the east, across Beach Boulevard; and, single-family homes to the south and west. Therefore, the proposed project will occur within the City limits on a project site of not more than five acres that is substantially surrounded by urban development.

The project involves an infill development in an urbanized area. As such, the project site has no value as habitat for endangered, rare, or threatened species. The project site consist of two drive-through restaurants that have been in operation since the late 1970's and a vacant lot that been used since 2001 for seasonal special events.

Staff review of the project included a trip generation, vehicles miles traveled (VMT) and drive through queuing analysis. The study indicated that the project is anticipated to generate 501 average daily trips including 64 a.m. peak hour trips and 53 p.m. peak hour trips for both the drive-through restaurant and the automobile service facility.  The project applicant will be subject to the Citywide Traffic Improvement fee based on the number of p.m. peak hour trips. The project also screened out from a VMT analysis based on the VMT methodologies formulated by the North Orange County Cities (NOCC). The NOCC identified local service retail uses less than 50,000 square feet are screened out from a VMT analysis and are presumed to have a less than significant transportation impact. The study also presented queuing survey data which observed a maximum queue of 28 vehicles and a 95th percentile queue of 26 vehicles for Dutch Bros. The proposed project has been designed with dual drive-through lanes with a queuing capacity of 21 vehicles. The project includes a Traffic Management Plan that incorporates an internal drive aisle located along the westerly property line that can be utilized for an additional vehicle queuing area for a total drive-through capacity of 33 vehicles.

The project is subject to compliance with the City's noise ordinance. This includes compliance with the hours of construction and after the improvements have been constructed. It should be noted that a condition has been included that requires the applicant to analyze and implement noise reduction measures to meet the City's noise ordinance, in the event that the City were to receive noise related complaints. Upon notification from the City, the applicant will be required to prepare a noise study prepared by a licensed professional within 30 calendar days to assess noise levels in project's vicinity. The noise analysis will help identify the noise levels and their sources in order to evaluate noise reduction measures. 

During the construction phase, all grading activities are subject to SCAQMD regulations to reduce the potential air quality impacts related to fugitive dust generated by construction projects. The project also incudes a Priority Water Quality Management plan to assur compliance with local and State standards related to water quality during the construction phase and also once all the improvements have been constructed.

The subject property is described as one parcel, with three Assessors lots for tax conveyance purposes. Currently, the three Assessors lots cannot be sold independently. However, once subdivided via the Tentative Parcel Map, each legal parcel can then be sold separately. Each parcel will continue to have access via Beach Boulevard and Lambert Road. An existing reciprocal parking and maintenance agreement between Parcel No. 2 and Parcel No. 3 will remain in place. In addition, the proposed Tentative Parcel Map includes an easement for ingress and egress between Parcel No. 1 and Parcel No. 2. Furthermore, as a condition of approval, the property owner is required to dedicate a two-foot wide area along Beach Boulevard (east side of all three parcels) to provide the public right of way width as required by the City Engineer. Even with the required dedication, the proposed Tentative Parcel Map meets all development standards of the C-2 Zone.

The proposed subdivision is consistent with La Habra General Plan Policy LU 4.1 which requires "development to be located and designed to assure compatibility among land uses, 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 subdivision allows three separate parcels that can each manage development onsite independently and at the same time cohesively allowing for compatibility among the land uses. Each parcel has access via a public street and there is sufficient onsite parking for all the land uses.  Vehicle access and onsite circulation has also been analyzed via a vehicle queuing analysis to verify that the project's anticipated vehicle queues can be contained onsite.

The City Engineer has reviewed the proposed map in relation to the provisions of the La Habra Subdivision Ordinance and the Subdivision Map Act as codified in LHMC Section 17.12.030 and found the map to be in conformance with these regulations.

The project involves infill development in an urbanized area. The subject site currently serves two drive-through restaurants with fully paved parking areas devoid of natural landscaping, that have been in operation since the late 1970s. The vacant portion of Parcel No. 1 lacks natural trees and vegetation that could be used by wildlife, rather the site has been used over the years for the operation of seasonal special events including pumpkin patches, strawberry stands and Christmas tree sales on a regular basis since the year 2001. Therefore, the proposed subdivision will not cause substantial damage or avoidable injury to wildlife and their habitat.  

The project's design provides sufficient access for public safety services, such as Fire and Police along two street frontages and between the parcels. The proposed commercial buildings will be serviced by sanitary sewers and storm drains. The project will also require building permits and inspections for the construction of all the infrastructure and onsite improvements. Therefore, the design is not likely to cause substantial health problems.

All three parcels will have access via Beach Boulevard and/or Lambert Road. There is a reciprocal parking and maintenance agreement between Carl's Jr and Del Taco (Parcels 2 and 3) that will remain in place with the proposed Tentative Parcel Map. There is also an easement along the north side of the vacant lot (Parcel No. 1) and the Del Taco restaurant (Parcel No. 2) for ingress and egress that will also remain. No new development will be permitted upon any easements. The project has been designed around the existing easements including drainage and utility easements. Therefore, the projects design and layout will not conflict with any easements for access or use of the property.

Pursuant to LHMC Section 18.32.050.C.2, all new development and major remodeling within the C-2 Zone is subject to Design Review. Projects that require Design Review must be approved by the Planning Commission pursuant to Chapter 18.68. In order to grant approval of the Design Review, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the following findings:

The project site is designated by the General Plan for Highway Commercial land use which is characterized by commercial uses that are primarily related to and dependent on the City's main arterials for patronage and access. The development of two new commercial buildings including an automobile service facility and a drive-through restaurant qualify as both uses are dependent on the adjacent Primary Arterial Highway (Lambert Road) and Major Arterial Highway (Beach Boulevard) for patronage and access.

The project is also consistent with Policy LU 4.1 which requires that "development is located and designed to assure compatibility among land uses, 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 project site is already improved with six-foot-high masonry stucco walls on a large majority of the project area to buffer the new commercial buildings from the adjacent residential areas to the south and west. The project has been conditioned to provide for a six-foot-high masonry wall along the entire project perimeter via a wall screening plan. The new buildings have been designed to meet current setbacks standards and landscaping requirements.  Vehicle access and onsite circulation has also been analyzed via a vehicle queuing analysis to verify that the project's anticipated vehicle queues can be contained onsite.

The subject property is zoned C-2 (Commercial). The project, which includes the development of two new commercial buildings, have been designed in compliance with all C-2 zone development standards including the building setbacks, building height, onsite parking, landscaping and building floor area ratio. Thus, the proposed plan is consistent with the City's Zoning Ordinance.

The Zoning Code and General Plan are tools used to ensure that all projects achieve the goals that promote public health, safety and welfare of the community. Included are zoning regulations related to building setbacks, onsite parking and landscape improvements. The project must also comply with Building and Safety, Public Works and Fire requirements during the construction phase. The proposed plan is in compliance with all of the appropriate development standards. In addition, the project has been reviewed by the Traffic Manager to verify vehicle queuing and onsite vehicle circulation. A Traffic Management Plan will be implemented during peak periods that include the use of an internal drive aisle for additional vehicle queuing in an effort to keep vehicles onsite which is in the best interest and welfare of the community.

The proposed uses are compatible with the existing nearby drive-through restaurants (Del Taco and Carl's Jr). The operation of an automobile service facility and additional drive-through restaurant will add to the mix of restaurants and automobile service options within the vicinity. The design of the two new buildings comply with the Zoning Code. The automobile service facility will specialize in wheel and tire related services, limiting the use of solvents or motor oils typical of other automobile repair facilities. In addition, the proposed drive-through restaurant, specializes in the preparation of coffee drinks and sale of prepackaged food items, not involving any food preparation or cooking onsite. 

The proposed automobile service facility (America's Tire) requires approval of a Conditional Use Permit (CUP) within the C-2 (Commercial) Zone. Pursuant to LHMC Section 18.06.040.A, approval of a Conditional Use Permit (CUP) is required for an automobile service facility. In order to grant the CUP for this request, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the following findings:

The main business operations of the proposed automobile service facility involve wheel and tire sales and service, conducted wholly within a commercial building, minimizing impacts to adjacent properties. The facility's operational nature will also be less intensive than an automobile repair facility as the proposed hours of operation are Monday to Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 5:00 p.m. and closed on Sunday. The hours of operation are conservative as the facility opens later in the morning and closes early in the evening. With the added conditions of approval requiring compliance with the Municipal Code, it is not anticipated that the proposed use will be detrimental to the public welfare or unreasonably interfere with the use, possession or enjoyment of surrounding and adjacent properties or impair the character of the zone.

The project involves the development of a new commercial building that will be used exclusively for the operation of the automobile service facility. The building has been designed to comply with all current development standards. The building has been designed with features sensitive to the adjacent residential area to the south, such as a building separation of 68 feet to create a buffer, the use masonry block for the buildings construction and limited openings facing south with bay doors that can be closed to mitigate noise. The applicant is also proposing to plant trees along the southerly property line to help screen the project. The project does not involve any deviations or variance; therefore, the subject site is physically suitable for the proposed land use.  

The operation of an automobile service facility is consistent with La Habra's General Plan Policy LU 4.1 which requires "development to be located and designed to assure compatibility among land uses, 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 project site is already improved with a six-foot-high masonry stucco wall to buffer the new commercial buildings from the adjacent residential areas on a large majority of the project's perimeter located along the south and west property lines. The new buildings have been designed to meet current setbacks standards and landscaping requirements.  Vehicle access and onsite circulation has also been analyzed via a vehicle queuing analysis to verify that the project's anticipated vehicle queues can be contained onsite.

The operation of a drive-through restaurant by Dutch Bros. Coffee requires approval of a Conditional Use Permit within the C-2 (Commercial) Zone. The proposed restaurant specializes in the preparation of handcrafted Dutch classic hot and cold brewed coffee drinks and blended non-alcoholic beverages (including energy drinks, cocoa, lemonade, soda, teas and smoothies). The restaurant will also offer prepackaged food items such as muffins and granola bars. No food will be cooked or prepared onsite. The restaurant's interior will be mainly production and preparation area along with a cooler, mechanical and electrical room and a restroom (Exhibit 9). The hours of operation will be from 5:00 a.m. to 11:00 p.m. seven days a week. The facility will employ up to seven employees. As indicated, the restaurant will not include any interior customer dining or seating area. The site design includes a small outdoor seating area (approx. 500 square feet) along the north side of the building facing onto Lambert Road. 

EXHIBIT 9

The C-2 Commercial zone allows for the operation of commercial uses including dine in and drive-through restaurants with a CUP. It should be noted that other CUPs for various drive-through restaurants have been approved Citywide within commercial zones. The proposed project was reviewed to ensure sufficient onsite vehicle queuing and circulation. The proposed project was analyzed by evaluating trip generation, Vehicles Miles Traveled (VMT) and drive through queuing. The data contained within the analysis supports the project's drive through design including the queuing areas and onsite vehicle circulation. Therefore, the granting of such CUP will not be detrimental to the public welfare or unreasonably interfere with the use, possession or enjoyment of surrounding and adjacent properties or impair the character of the zone. 

The proposed drive-through restaurant is only 950 square feet in area and located within a commercially zoned property, adjacent to two other drive-through restaurants. The design of the vehicle queuing area is such that all traffic can be contained onsite. The project area will be completely improved and in compliance with current development standards, therefore, the site is physically suitable for the type of land use being proposed. 

The development of a drive-through restaurant is consistent with La Habra's General Plan Policy LU 3.2 which "encourages 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 is mainly designed as a drive-through which enhances the restaurant options available within the vicinity. The restaurant will feature a walk-up order window and a small outdoor seating area to cater to walkup orders. The project also includes delineated walkways from both Beach Boulevard and Lambert Road to allow for pedestrian access.

The Applicant has paid for the processing costs associated with the Tentative Parcel Map, Design Review and Conditional Use Permits which total $24,214.00

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 Preliminary Priority WQMP has been reviewed and approved. The Final WQMP will be required prior to the issuance of a Certificate of Occupancy.