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.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND 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, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15332, CLASS 32: "IN-FILL DEVELOPMENT PROJECTS" OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING DESIGN REVIEW 22-04, CONDITIONAL USE PERMIT 22-14 AND CONDITIONAL USE PERMIT 22-15 TO CONSTRUCT A COMMERCIAL BUILDING TO OPERATE AN AUTOMOBILE SERVICE FACILITY AND TO CONSTRUCT AND OPERATE A DRIVE-THROUGH RESTAURANT, AT 777 SOUTH BEACH BOULEVARD AND 2060 WEST LAMBERT ROAD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15332, CLASS 32: "IN-FILL DEVELOPMENT PROJECTS" OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES

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. The property is currently a single lot that was assigned three Assessor identification numbers for tax conveyance purposes. 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 No. 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. Staff first presented this project to the Planning Commission at a public hearing on November 14, 2022. The staff report from that meeting is included as Attachment 10 to this staff report and provides greater detail about the proposed project. The site plan reviewed at the meeting is shown below (Exhibit 1).

EXHIBIT 1 - SITE PLAN REVIEWED AT THE NOVEMBER 14, 2022, PLANNING COMMISSION MEETING


The proposal for the automobile service facility that was reviewed by the Commission on November 14, 2022, included the construction of a 17,750 square foot building (America's Tire) with multiple vehicle service bays that had openings on both the north and south sides of the buildings. In addition, the proposed use included a 32-foot by 46 foot canopy, located at the south end of the property. The proposed operation of the automobile service facility would have customers begin their visit within the proposed canopy area where, they would be greeted by an employee. Based on their servicing needs, they would be instructed by the employee to drive into a sales bay, or an employee would drive the vehicle into a service bay, located on the north side of the building. After servicing, vehicles would exit the building on the south side. While all automobile servicing would occur entirely within the building, during the public hearing the Planning Commission received several public comments from residents that live within the surrounding area that were concerned that the proposed operation of the automobile service facility would impact their quality of life. The primary concerns raised by the residents included the following:

During the Planning Commission's deliberation, the majority of the Commissioners expressed many of the same concerns as the residents. The Commission generally agreed that the proposed project, particularly related to the proposed America's Tire, should be further evaluated. The Commission also expressed concerns regarding the proposed Dutch Bros. Coffee, and its onsite circulation, specifically, the drive-through overflow/queuing along the west side of the drive aisle leading to Lambert Road. The applicant was asked to reevaluate the queuing area to eliminate the possibility of creating circulation conflicts with vehicles in the queue and vehicles trying to maneuver south to exit onto Beach Boulevard or access America's Tire. The Planning Commission voted 4-0 to continue the project to date uncertain in order to allow the applicant adequate time to address the concerns.  

Exhibit 2 shows the proposed site plan, which has been revised by the applicant in response to the comments received at the November 14, 2022, meeting.  The proposed site plan includes changes to the America's Tire building orientation, footprint, operational characteristics, as well as, modifies the location of the freestanding canopy and the trash enclosure, as discussed in greater detail below. As indicated on the plan and described below, the America's Tire building has been reduced to a single-story structure, with the entrance to the service bays located on the west side of the building and the exit to the service bays located on the east side of the building. 
 
EXHIBIT 2 - PROPOSED SITE PLAN

C-2 Zone Development Standards
The table below compares the development standards required by the City for development within the C-2 Commercial Zone against the proposed development on Parcel No. 1. As indicated in the table, the proposed project complies with the City's development standards for the subject property. The proposed project includes setbacks that are greater than what is required by the La Habra Municipal Code (LHMC), more parking than is required by the LHMC, and building heights and floor area ratios than are less than the maximum amount permitted by the LHMC. There are no proposed changes to the existing development on Parcels Nos. 2 and 3. 

The Applicant is proposing substantial changes to the automobile service facility in order to address the concerns raised at the November 2022 Planning Commission meeting. Instead of multiple vehicle service bays with drive-through access, the proposed building has been reduced in size and no longer involves multiple vehicle service bays. The design is more traditional of an America's Tire in which customers will be required to park and walk into the building to request tire services. Since the proposed business operations no longer requires all customers enter a drive-through, the proposed canopy has been significantly reduced in size and the drive-through will be limited to vehicles seeking tire air pressure service only. The proposed canopy is also proposed to be relocated near the southwest end of the property to further minimize impacts to the nearby residents.

As depicted in Exhibits 3 through 6, the revised America's Tire building is identified as a single story, 10,000 square foot commercial building, with a 2,882 square foot interior mezzanine for tire storage. The building is located 34 feet from the southern property line and 119 feet from the western property line; the two property lines that abut the adjacent single-family residences. The building no longer includes bay doors facing north and south. The revised plan includes an entrance to the service bays located on the west side of the building and the exit to the service bays located on the east side of the building. The freestanding canopy has also been reduced in size to 20 feet wide by 40 feet in length, 15 feet tall and relocated near the southwest corner of the property. The function of the canopy is specifically air check and air fill only. The canopy area will not contain any air compressors or the use of pneumatic tools. Potential noise sources would include intermittent levels in short duration caused by the release of air pressure.

The America's Tire building will be constructed out of concrete masonry block (CMU) and will include a combination of aluminum composite exterior panels, stone veneer, corrugated metal siding, and painted split face block. All four elevations will feature a tower element finished with a stone veneer, that breaks up the building mass.  The building features a flat parapet roof design with varying roof heights caused by the tower elements. Building colors include America’s Tire brand colors: white, gray, and black with a red trim and accent color.

The revised floor plan includes the main pedestrian entrance located along the easterly elevation facing onto Beach Boulevard. Customers will be required to park their vehicle onsite and walk into the building to access the sales and display area that also includes a hospitality lounge and two restrooms. The main enclosed vehicle service area includes an employee restroom and office. The interior will include tire racks and four vehicle lifts situated along the north side of the building. There are also a pair of internal stairs leading to the mezzanine tire storage area. The compressors are housed at the southwest corner of the building. The revised building design provides a customer parking area along the east side of the building facing Beach Boulevard. America's Tire customers can park their vehicles and walk into the building to access the sales and display area to inquire about the type of services needed. Once the customer has been assisted, an America's Tire employee will drive the vehicle into the building via the bay door located on the west side of the building. Once the vehicle has been serviced, an employee will drive the car out via a bay door located on the east side of the building and park the car for the customer. Customers that only require air pressure service will be directed to drive to the one lane canopy located near the southwest corner of the property where they will be greeted by a service attendant. 

America's Tire's operation involves the sale and installation of tires and wheels. Services include tire and wheel consultation, tire rotation, tire balance, tire inspections, flat repair and tire pressure monitoring sensor service. The 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 facility will have six to ten employees onsite. All work related to the business will be required to be conducted within the enclosed building, except tire air pressure service, which will take place under the canopy.

As mentioned in the report, the America's Tire building has been reduced in size and the bay doors no longer face north or south. The revised design includes a bay door facing west that allows vehicles to enter the building, and a bay door facing east to allow vehicles to exit the building. There are limited number of access doors along the southern building elevation that are required to remain closed during the hours of operation.

Residents anticipated that the proposed project would generate excessive noise, noting specific concerns regarding noise levels emanating from the automobile service facility. To address this concern, the applicant has provided a Noise Impact Study prepared by RK Engineering Group, Inc. to assess future noise levels (see Attachment 7). The consultant analyzed noise sources generated by an existing America's Tire located in the City of Costa Mesa that included auto shop noise, pneumatic tools, air compressors, tire mounting equipment, lifts, alarms, tool drop noise and vehicle activity. The Costa Mesa facility is improved with three service bays and is of a comparable size to the proposed La Habra project. The results identified 69.6 decibels as the average noise level at full operation and 63.7 decibels with no operations. The sound level meters were placed 50 feet from the bay doors. The consultant also performed two, 24 hour ambient noise measurements at the La Habra site in November 2022 with noise monitoring receptors located near the southerly property line to set baseline recordings for the project site. Exhibit 7 illustrates the Noise Impact Study's modeled noise levels during operation of the proposed automobile service facility. Any areas shown in yellow or green indicate that noise levels would be projected to be below the City's 55 decibel standard, which is the maximum noise level permitted by the LHMC at the property line. In other words, it is anticipated that proposed project will not result in noise impacts to the adjacent single-family homes as the noise study reflects noise levels near the southern and western property lines, will not exceed the City's 55 decibel standard.

The Noise Impact Study concluded the following:

As previously stated, there are no longer any vehicle service bay doors along the southern elevation of the America's Tire building, which should alleviate concerns regarding noise from normal business operations and the opening and closing of bay doors.

EXHIBIT 7

Since there were no major concerns regarding the design of the Dutch Bros. building expressed at the November 14, 2022, Planning Commission meeting, the Applicant has not made any changes to the design that was proposed at the November 2022 meeting, which is described below and shown below in Exhibits 8 and 9. However, the Applicant did re-evaluate the site plan for potential onsite vehicle conflicts caused by the drive-through overflow/queuing area. The revised drive-through queuing plan is discussed below in the Traffic Management Plan section.

As depicted in Exhibit 8 the Applicant proposes to construct and operate a single story, 950-square foot, drive through restaurant (Dutch Bros. Coffee), within the northern portion of Parcel No. 1, adjacent to Lambert Road and west of Parcel No. 3. 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 building 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.

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 8). 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.

All exterior signs depicted for both the automobile service facility and the restaurant have been designed to complement the proposed building design. The Applicant will be required to submit final sign plans that conform with the design shown and Building Code requirements through a plan check.

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. Customers for America's Tire will be required to park their vehicles near the east or north side of the building to access the pedestrian building entrance facing east onto Beach Boulevard.   The parking layout around the America's Tire building includes 16 parking spaces located east of the building, 14 spaces located north of the building and six spaces located west of the building.  There are a total of 13 spaces located south of the Dutch Bros.Coffee building, for a combined total of 49 onsite parking spaces. The Zoning Code requires a total of 21 spaces for both uses. It should be noted that the revised site layout provides 49 onsite parking spaces (10 additional spaces when compared to the November 2022 site plan). 
 

The proposed Dutch Bros. Coffee drive-through restaurant has been designed to accommodate 21 vehicles within dual vehicle queuing lanes. In keeping with the City's policy for drive-through restaurants, the Traffic Manager required the applicant to provide data from three other comparable Dutch Bros Coffee locations to support the proposed traffic queuing areas. In this case, the report provided data from four areas; Apple Valley, La Quinta, Indio and Eastvale, as shown in the table below:
 

Location	Maximum Vehicle Queue Observed	Day and Time of Day
Apple Valley	22 vehicles	Saturday, Midday
La Quinta	20 vehicles	Saturday, Afternoon
Indio	15 vehicles	Tuesday, Morning
Eastvale	28 vehicles	Midday

The proposed Dutch Bros. Coffee could easily accommodate the anticipated drive-through vehicle capacity needs for Apple Valley, La Quinta and Indio. The Applicant has also provided a Traffic Management Plan (see Exhibit 10) to demonstrate that they will also be able to accommodate up to 28 vehicles, consistent with the vehicle queue observed in Eastvale by establishing a vehicle overflow area along the drive aisle located to the north of America's Tire. Vehicle overflow will not be proposed along the west side of the site to ensure that there will not be conflicts with vehicles entering and/or exiting from Lambert Road. In addition, prior to Certificate of Occupancy, the conditions of approval require the applicant to provide additional traffic management planning details to address situations in the event that the drive-through line impacts the flow of traffic on Lambert Road and/or Beach Boulevard. Finally, a standard condition of approval has been added which requires the Applicant to cover costs associated with any traffic management services provided by the La Habra Police Department. 

EXHIBIT 10


Landscaping and Perimeter Walls

 

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 the C-2 Zone development standards, as outlined in the code compliance table included in the staff report.

The project site 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 2 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. The project site currently consists of two drive-through restaurants that have been in operation since the late 1970s and a vacant lot that has been used since 2001 for seasonal special events. As such, the project site has no value as habitat for endangered, rare, or threatened species.

Staff review of the project included a trip generation, vehicle 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) SB 743 Implementation Study. Pursuant to the NOCC VMT Screening and Testing Tool, 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 includes the use of an internal drive aisle along the north side of America's Tire to allow queuing area for an additional seven vehicles, thereby providing the maximum queue area needed, as determined by the drive through queuing analysis prepared for the proposed project.

The City's Noise Ordinance (Chapter 9.32 of the LHMC) limits noise levels to 55 decibels. A Noise Impact Study was provided that utilized acoustical modeling software to model anticipated noise levels.  The data identifies that the noise levels generated by the project would be within the allowable limits permitted by the LHMC with no mitigation required. The daytime operational noise levels are anticipated to range from 40.5 to 44.7 from the southerly property line and 45.9 to 49.2 decibels from the westerly property line.

During the construction phase, all grading activities are subject to South Coast Air Quality Management District (SCAQMD) regulations to reduce the potential air quality impacts related to fugitive dust generated by construction projects. The project also includes a Priority Water Quality Management Plan to assure compliance with local and State standards related to water quality during the construction phase and also once all the improvements have been constructed.

In addition, the project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the project is predominantly urban and not considered a sensitive environment; therefore, the project will not result in any significant impacts that may otherwise occur in a sensitive environmental area. 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. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this project. Therefore, the project is categorically exempt from CEQA.

The subject property is described as one parcel, with three Assessor's lots for tax conveyance purposes. Currently, the three Assessor's 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 site layout provides adequate onsite parking, vehicle circulation and landscaping improvements on all three parcels (Parcels Nos. 1 to 3). The development of two new commercial buildings on Parcel No. 1 does not exceed the C-2 Zone's Floor Area Ratio and complies with all C-2 (Commercial) development standards.

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 is not likely to 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.

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 depended 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 includes a condition that requires the construction of a six-foot-high masonry wall along the entire project perimeter. The City's Noise Ordinance limits noise output to 55 decibels. A Noise Impact Study was provided to determine future noise levels that may be generated by the automobile service facility. The study concluded that the noise levels generated by the project would be within the allowable City limits, ranging from 40.5 to 44.7 decibels from the southerly property line and 45.9 to 49.2 decibels from the westerly property line. The new buildings have been designed to meet current setback standards, parking 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. Therefore, the proposed plan is consistent with the City's General Plan.

The project site is zoned C-2 (Commercial). The project, which includes the development of two new commercial buildings, has been designed in compliance with all LHMC development standards for the C-2 Zone 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 required 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. Therefore, the proposed plan is in the best interests of the public health, safety 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. Therefore, the nature of the proposed land uses and the design are appropriate for the proposed location and compatible to the surrounding land uses and improvements.

The 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 be considered a Class 32 exempt project. The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The location of the project is predominantly urban and not considered a sensitive environment; therefore, the project will not result in any significant impacts that may otherwise occur in a sensitive environmental area. 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. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this project. Therefore, the project is categorically exempt from CEQA.

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. A Noise Impact Study was provided to determine future noise levels that may be generated by the facility. The data analyzed noise sources generated by an existing America's Tire located in the City of Costa Mesa that included auto shop noise, pneumatic tools, air compressors, tire mounting equipment, lifts, alarms, tool drop noise and vehicle activity. The study concluded that the anticipated noise levels would range from 40.5 to 44.7 decibels from the southerly property line and 45.9 to 49.2 decibels from the westerly property line, which are within acceptable levels as the City's Noise Ordinance limits noise levels to 55 decibels during the daytime. With the added conditions of approval requiring compliance with the Municipal Code, the granting of the 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 C-2 zone.

2. The subject site is physically suitable for the type of land use being proposed.
The project involves the development of a new commercial building that will be used exclusively for the operation of the automobile service facility. All work related to the facility is required to take place within the enclosed building. The building has been designed to comply with all current development standards and designed with features sensitive to the adjacent residential areas to the south, including the use of masonry block (CMU) for the building's construction, and the elimination of vehicle bay doors facing south. The revised design includes the vehicle bay doors facing east and west along the north side of the building thereby maintaining the majority of the vehicle circulation along the north side of the building and away from the residential area. The facility's freestanding canopy has also been reduced in size and relocated near the southwest corner of the property and designed for air check station only and not as the main customer check in area as initially proposed. Therefore, the site is physically suitable for the type of land use being proposed.

Pursuant to LHMC Table 18.06.040.A, an automobile service facility located within the C-2 Commercial zone is allowed with the approval of a CUP. The project plans associated with the CUP have been reviewed for compliance with all applicable development standards. Therefore, the proposed use is conditionally permitted within the C-2 zone and complies with the intent of all applicable provisions of the Zoning Code.

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 to 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. The new buildings have been designed to meet current setback standards and landscaping requirements. The City's Noise Ordinance limits noise levels to 55 decibels. A Noise Impact Study was provided that utilized acoustical modeling software to model anticipated noise levels.  The data identifies that the noise levels generated by the project would be within the allowable limits permitted by the LHMC with no mitigation required. The daytime operational noise levels are anticipated to range from 40.5 to 44.7 from the southerly property line and 45.9 to 49.2 decibels from the westerly property line. Lastly, 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. Therefore, granting the CUP is consistent with the General Plan.

The proposed project is located in the C-2 Commercial zone, which allows for the operation of commercial uses including dine in and drive-through restaurants with a CUP. 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 C-2 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 vehicles queuing area is such that all traffic can be contained onsite. The project area will be completely improved in compliance with current development standards. Therefore, the site is physically suitable for the type of land use being proposed.

Pursuant to LHMC Table 18.06.040.A, drive-through restaurants located within the C-2 Commercial zone are allowed with the approval of a CUP. The project plans associated with the CUP have been reviewed for compliance with all applicable development standards. Therefore, the proposed use is conditionally permitted within the C-2 zone and complies with the intent of all applicable provisions of the Zoning Code.

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 or 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.

The proposed project is related to the following General Plan policies:

The proposed project is related to the following City Council Goal and Objective: Goal 5: Development Activity and Business Assistance.