That the City Council APPROVE THE FIRST READING OF ORDINANCE NO. ____ ENTITLED:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT PRECISE PLAN 22-02 FOR THE CONSTRUCTION OF A 3,875 SQUARE FOOT, DUAL TENANT BUILDING AT 711 EAST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS, AND SUBJECT TO CONDITIONS, AND MAKE A DETERMINATION THAT THE REQUEST IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, CLASS 3: "NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURE S" AND SECTION 15061(B)(2) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES.

 

The request was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and it was determined the request is Categorically Exempt from CEQA under Section 15303, Class 3 "New Construction or Conversion of Small Structures” and that the project does not meet any of the exceptions described in Section 15300.2, pursuant to the provision under Section 15061(B)(2) of the CEQA Guidelines.

Mr. Paraj Patel, a Franchisee for Dunkin' Donuts, has filed an application to construct a 3,875 square foot, dual-tenant commercial building at 711 East Imperial Highway ("Subject Site") under Planned Unit Development Precise Plan (“Precise Plan”) 22-02 to accommodate an 1,880 square foot drive-through restaurant (dba: Dunkin' Donuts), and a 1,995 square foot speculative tenant space for a future retail use. The Subject Site (Parcel 2) is one of four parcels under the existing Planned Unit Development Master Plan No.17-01 (the "Master Plan") that was previously approved by the City Council on September 24, 2018, in conjunction with Mitigated Negative Declaration 17-02 and a Development Agreement between the City of La Habra and Greg S. Jones Revocable Trust and Sunny Investments, LLC.

Prior approvals at this site include a La Quinta Inn and Suites Hotel on Parcel 1; a drive-through Taco Bell on Parcel 3; and, a Hallmark retail store on Parcel 4. A Popeye’s Louisiana Kitchen was originally approved on Parcel 2, but this project did not move forward. In accordance with La Habra Municipal Code Section 18.52.110, a final development plan is required to show the scale of the new building, off-street parking facilities, landscaping, finished grades and any other details needed to demonstrate conformance with the Master Plan. Therefore, the applicant submitted Planned Unit Development Precise Plan 22-02 in lieu of moving forward with the Popeye's Louisiana Kitchen project for the development of Parcel 2.     

Planned Unit Development Precise Plan 22-02 was reviewed by the Planning Commission at its regular meeting held on August 28, 2023 (see Attachments 2 and 3). The Commission found the proposed building design, which includes a brown and light gray color palette, would be in keeping with the other surrounding buildings within the same Master Plan to ensure a cohesive look. The proposed site layout will match the Taco Bell building on the adjacent property to the east, with the main entrances to the building oriented towards the parking lot area to the north and the drive-through lane wrapping around the building, to the south facing Imperial Highway.

 

The proposed drive-through configuration for the Dunkin' Donuts would be similar to the one previously approved for Popeye's Louisiana Kitchen. A queuing assessment was conducted that indicated that the drive-lane, which can accommodate 12 vehicles, has more than sufficient space to accommodate the expected maximum peak demand without encroaching into the shared drive-aisles. The proposed project also complies with all required development standards (i.e., setbacks, parking requirement, height, landscaping, and floor area ratio) of the La Habra Municipal Code, as summarized in Table 1 below.

The Planning Commission approved Resolution No. 23-10 by a vote of 5-0, recommending that the City Council adopt an ordinance to approve Planned Unit Development Precise Plan 22-02. The Planning Commission also approved Conditional Use Permit (CUP) 22-31, by Resolution No. 23-11, to allow a Dunkin’ Donuts drive-through restaurant within one of the tenant spaces; the approval of the CUP is conditioned upon the City Council’s approval of the Precise Plan.

The Applicant has paid for the processing costs associated with the PUD Precise Plan and CUP, which total $15,773.00.

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

The proposed project is related to the following FY 2023/24 City Council Goal and Objectives:
Goal 5: Development Activity and Business Assistance