This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303, Class 3: "New Construction or Conversion of Small Structures" of the CEQA Guidelines. The project involves the demolition of a 5,700 square foot commercial building and the reconstruction of a 1,200 square foot, drive-through restaurant in an urbanized area. The proposed structure does not exceed 10,000 square feet in floor area. The site is zoned for commercial use. The use of a drive-through restaurant does not involve the use of hazardous substances, all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 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 predominately urban and not considered a sensitive environment; therefore, the project will not result in 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 the project.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING DESIGN REVIEW 23-05 AND CONDITIONAL USE PERMIT 23-03 TO CONSTRUCT AND OPERATE A DRIVE-THROUGH RESTAURANT (STARBUCKS COFFEE) WITH OUTDOOR MENU BOARDS AT 541 EAST WHITTIER BOULEVARD, 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 15303, CLASS 3: “NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES” OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES

The Applicant, Rodney Rivani of the Royce Company, is requesting to demolish an existing, 5,725 square-foot building previously occupied by the Elks Lodge and construct a new 1,200 square-foot, drive-through restaurant (Starbucks Coffee) with outdoor menu boards with speakers. The subject property is located on the north side of East Whittier Boulevard, located generally between North Cypress Street and North Stonewood Street. As shown in Exhibit 1, the site is located northwest of the intersection of East Whittier Boulevard and Chestnut Street. East Whittier Boulevard is under the jurisdiction of Caltrans (California State Department of Transportation) and designated as a state highway (State Route (SR) 39). Chestnut Street, north of Whittier Boulevard, is a private street. The subject property is designated by the General Plan as a Highway Commercial land use and located within the C-2 Commercial Zone, which implements the General Plan Highway Commercial land use designation.

Surrounding land uses include single-story courtyard apartments, immediately to the north of the subject property. Adjacent to the apartments is Chestnut Estates, a small neighborhood of six single-story, single-unit homes, located along Chestnut Street, which terminates within this neighborhood. To the east of the subject property, across Chestnut Street, is a single-story multi-tenant office building; to the southeast, across Whittier Boulevard, is a strip commercial shopping center; and to the south, across Whittier Boulevard, is a single-story, single-unit residence. Finally, there are one and two-story multi-tenant office buildings to the west. The General Plan designates the properties to the north for Medium Density Residential land use; to the east for Highway Commercial land use; to the south and southeast, across Whittier Boulevard, for Low Density Residential and Mixed-Use Center land use, respectively; and, to the west for Professional Office land use.

EXHIBIT 1



Proposed Business Operations
The proposed drive-through restaurant will offer a diverse menu of hot and cold beverages, and pre-packaged and/or ready-made breakfast, lunch and snack items. By design, the proposed restaurant will operate primarily as a drive-through business. As depicted in Exhibit 3, the proposed building will not include any indoor dining areas. However, there will be an outdoor, walk-up ordering window, separate from the drive-through, and outdoor tables, umbrellas, and seating for about ten people. No music and/or televisions are proposed within the outdoor seating area. The applicant is proposing to provide one unisex restroom for customer use, accessible from the outdoor seating area. The bathroom will be secured by an electronic keypad lock to prevent any unauthorized use of the restroom. Starbucks Coffee proposes to operate from 5:00 am to 10:30 pm daily. Approximately four to six employees will manage the business operations during each work shift.

Building Design
As shown in Exhibit 2 below, the proposed restaurant has been designed with features exuding a modern aesthetic. The overall building is a simple rectangular building. Tower elements flanked by a weathered gray tile help punctuate each street-facing elevation. The remaining exterior walls will be clad with smooth stucco and painted white. A dark gray metal coping is proposed along the top of the building that will accent the outline of the building. Additionally, dark gray metal canopies will be added along the east, south and west elevations for added visual interest, as well as to provide overhead coverage where the drive-up and/walk-up windows are located. The Applicant’s building design also includes parapet walls that will fully screen all rooftop equipment so that it will not be visible from the public right-of-way as required by the La Habra Municipal Code (LHMC). The design also proposes to house electrical equipment within the building, along the north building elevation, to offer a cleaner, higher quality exterior look.

EXHIBIT 2


                                                          (FACING CHESTNUT STREET)


                                             FACING EAST WHITTIER BOULEVARD
                                                        

                                             (FACING ADJACENT CHESTNUT ESTATE RESIDENCES)


                                                            (FACING ADJACENT MULTI-TENANT OFFICES)

Floor Plan Layout
Exhibit 3 shows that the restaurant’s interior will be primarily used for drink and food production and preparation; however, no food will be cooked onsite. In addition, there are areas designated for coolers and storage, as well as a mechanical and electrical room, and restroom facilities. The staff restroom will be unisex and accessible from the interior of the building; the customer restroom will be unisex, accessible from the exterior of the business, and secured by an electronic keypad to prevent unauthorized use of the restroom.

EXHIBIT 3



Site Access
As indicated in Exhibit 4, vehicles will be able to access the drive-through restaurant from either East Whittier Boulevard or Chestnut Street. As previously noted, Whittier Boulevard is a state highway and managed by Caltrans; and, Chestnut Street is a private street. According to the Title Report for the project site, there is an easement for roadway purposes on the portion of Chestnut Street that extends from Whittier Boulevard to the north end of the project site (extending 140 feet) that is intended for common use with others, enabling vehicular ingress/egress to the project site from Chestnut Street. Chestnut Street continues further north into an existing residential area, Chestnut Estates, a small neighborhood of six single-story, single-unit homes, located along Chestnut Street. This portion of the street is owned and maintained by these homeowners. Currently, records do not indicate any parking restrictions along Chestnut Street, including the 140-foot portion immediately north of East Whittier Boulevard.

EXHIBIT 4



Site Layout
The proposed 1,200 square-foot restaurant is proposed to be located on the northwest side of the property. As depicted in Exhibit 3, the project will include dual drive-through lanes that begin at the north end of the property. Vehicles will be able to enter the drive-through from either Whittier Boulevard or Chestnut Street. The dual drive-through lanes taper down to a single lane that will move south, wrap alongside the proposed building, and then end closest to the driveway that allows exiting on to East Whittier Boulevard. The drive-through lane has been designed to accommodate a total of 17 vehicles.

Vehicle/Bicycle Parking
Pursuant to LHMC Section 18.14.060 (Number of spaces required), a restaurant with a drive-through requires a minimum of eight parking spaces per thousand square feet of building area. Therefore, the LHMC requires 10 on-site parking spaces for the proposed 12,000 square-foot restaurant.  To comply with this requirement, the Applicant will be providing a total of 10 parking spaces on-site. This includes two ADA (American’s with Disabilities Act) accessible parking spaces as well as five EV (Electric Vehicle) charger ready and/or capable parking spaces. The ADA parking spaces will include a van accessible loading area and a striped path-of-travel, which will enable pedestrian access to the Starbucks building. The path-of-travel will also lead to a proposed pedestrian walkway which runs north and south along Chestnut Street and connects to Whittier Boulevard.

The Applicant’s plans include the installation of bicycle racks on Sheet A8.1. To comply with the City’s standard condition of approval for an artistic style bike rack, the applicant is proposing to replace the design shown on Sheet A8.1 with the Shadow Bike Rack designed by Thomas Steele, which includes the sun pattern shown in Exhibit 5 below. 

EXHIBIT 5



Traffic Study
The Applicant submitted a Traffic Study, prepared by LSA consultants, dated February 9, 2024. The Traffic Study analyzed projected trip generation, vehicle queuing and Vehicle Miles Traveled (VMT) associated with the proposed project. To analyze trip generation, LSA used trip rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual. The Traffic Study found that the project is expected to generate 215 daily trips, including 48 trips (24 inbound and 24 outbound) in the a.m. peak hour and 18 trips (9 inbound and 9 outbound) in the p.m. peak hour. The Traffic Study also considered a trip generation reduction based on pass-by trip percentages. Pass-by trips are made by drivers already traveling on adjacent/nearby roadways and therefore not considered additive trips to the traffic circulation system. After applying 50 percent pass-by reductions, which would be similar to other coffee shops and fast-food businesses with a drive-through, the net trip generation of the proposed project is 107 daily trips, including 24 trips (12 inbound and 12 outbound) in the a.m. peak hour and 9 trips (4 inbound and 5 outbound) in the p.m. peak hour. Based on the analysis, the City’s Traffic Manager determined the traffic generated by the project is minimal, and no mitigation is required.

To analyze queuing, LSA observed three other similar drive-through Starbuck locations in the cities of Laguna Woods, Garden Grove and La Palma. The Traffic Study concluded that the average vehicle queue from all three sites could range from 8 to 13 vehicles during the peak times of the day. As previously noted, the proposed Starbucks drive-through has been designed to accommodate 17 vehicles. As a result, the City’s Traffic Manager reviewed these findings and agreed that the proposed drive-through will be sufficient to serve the site. In the unlikely event that the drive-through queues approach or exceed 17 vehicles, a condition of approval has been included to require that Starbucks temporarily close the Chestnut Street driveway and direct all vehicles to enter via the East Whittier Boulevard driveway. The Applicant conveyed that Starbucks will utilize the internal drive-aisle south of the drive-through entry as an additional drive-through storage area during such temporary closure.

Finally, the Traffic Study revealed that the proposed project is not subject to the preparation of a Vehicle Miles Traveled (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. Staff confirmed that the project screens out based on its classification as a local-serving retail use of less than 50,000 square feet of gross floor area.

Noise Impact Analysis
Given the proximity of the proposed project to nearby residences and the use of an outdoor menu board with speakers, it was anticipated that the project could generate excessive noise. To address this concern, the Applicant has provided a Noise Impact Analysis prepared by Urban Crossroads, dated February 21, 2024. The Noise Impact Analysis identified that noise emanating from the project would come from two sources; the rooftop equipment (for heating, ventilation and/or air conditioning) or the drive-through speaker. The Noise Impact Analysis also identified three receptor sites; including the two residential properties located north of the project site on Chestnut Street (820 and 829 Chestnut Street) and one residential property located to the south, across Whittier Boulevard (761 Chestnut Street).

Urban Crossroads consultants utilized a noise prediction model using the CadnaA (Computer Aided Noise Abatement) computer program, which can analyze multiple types of noise sources using the spatially accurate Site Plan, geo-referenced Near Map aerial imagery, topography, buildings and barriers in its calculations to predict outdoor noise levels. The CadnaA analysis revealed that the rooftop air conditioning units and drive-through speakers would generate noise levels ranging from 38.7 to 48.8 dBA Leq during the daytime hours from 7:00 a.m. to 10:00 p.m. The same noise sources are expected to generate noise levels ranging from 36.0 to 47.6 dBA during the nighttime hours from 10:00 p.m. to 7:00 a.m. Therefore, project noise levels will not exceed the City’s noise level standard of 55.0 dBA during the daytime. Nor will it exceed the City’s noise level standard of 50 dBA during the nighttime. Therefore, no noise mitigation was required. While sound levels are not expected to be a nuisance, it should be noted that the drive-through speakers feature an Automatic Volume Control (AVC) that will further reduce the outbound sound pressure level based on ambient noise levels.

Landscaping
The applicant provided the conceptual landscaping plan shown below in Exhibit 5.

EXHIBIT 6

Pursuant to LHMC Section 18.14.070(D)(3), the proposed project must comply with the following:

1. Whittier Boulevard:15 foot-wide landscaped setback 
2. Chestnut Street: 10-foot wide landscaped setback
3. No landscaping abutting a street shall exceed three feet in height except for required trees.
4. A minimum of seven percent of the parking lot area must be landscaped.
5. One 24-inch box tree shall be planted within the parking area for every 10 parking spaces.
6. One 24-inch box tree shall be planted within the street setback area for every 20 linear feet of street frontage

The conceptual landscape plan meets the minimum landscaped setback width requirements, as driveways and walkways are permitted to encroach into the setback areas. The proposed landscaping will also comply with the maximum height requirements along both streets. In addition to the street setbacks on Whittier Boulevard and Chestnut Street, the conceptual landscape plan shows landscaping along the interior property lines, including trees along the north property line that will help screen the drive-through restaurant from the adjacent residential property. The conceptual landscape plan also shows that more than seven percent of the parking lot will be landscaped.

The conceptual landscape plan does not demonstrate that the proposed trees will meet the minium number and size of trees required. Per the above requirements, one 24-inch box tree is required to be planted within the parking area, five 24-inch box trees are required within the street setback area along East Whittier Boulevard and five 24-inch box trees are required within the setback area along Chestnut Street. In order to ensure compliance with the City’s landscape requirements, staff has added a condition of approval requiring the applicant to submit a final landscape plan that shows three additional trees in the front yard setback along East Whittier Boulevard, two additional trees in the landscape setback area along Chestnut Street, and one tree in the parking area.  Moreover, the Applicant’s final landscape plan must identify that the minimum size for these trees will be a 24-inch box.

Perimeter Walls
Per LHMC Section 18.12.080(B), a solid masonry wall, six feet in height, is required to be provided between a commercial property and abutting a residential property. The Applicant is proposing to keep the existing perimeter walls along the northern property line, which abuts an existing residential property. The existing wall along the northern property line is 6’-3” to 8’-3” high, which would comply with the City’s wall requirement. As noted above, to provide further screening and noise attenuation, the Applicant is proposing to plant a row of 10 Yew Pine trees that are expected to grow to seven feet in height. The Applicant is also proposing to keep the existing wall along the western property line, which is four feet high. Since there is an existing non-residential use on the adjacent property to the west, there is no requirement for the wall height to be extended any higher.

C-2 Zone Development Standards
The table in Exhibit below identifies the C-2 development standards required by the City and compares them against the proposed project. As indicated in the table, the proposed project complies with these development standards.

EXHIBIT 7

C-2 Development Standards	Required	Proposed
Maximum Building Height	50 feet	20 feet
Minimum Front Setback (Whittier Boulevard)	15 feet	15 feet
Minimum Side Setback (Streetside; Chestnut Street)	10 feet	Approx. 87 feet
Minimum Side Setback (Interior)	None	Approx. 24 feet
Minimum Rear Setback	20 feet	Approx. 54 feet
Maximum Floor Area Ratio (FAR)	30%	7%
Parking	10 spaces	10 spaces

Community Outreach and Public Notice
Since the very early stages of the application review, staff has strongly encouraged the Applicant to conduct community outreach regarding the proposed project. Staff notified the applicant that two Chestnut Street residents attended a City Council meeting in November 2023, and had requested to be a part of the project development and to be notified of the public hearing. At this time, the Applicant has indicated that they have met with the property owner to the north, immediately adjacent to the project site, and prepared a letter, dated March 13, 2024, which invites the neighbors to provide their comments and feedback to the Applicant. As of the writing of this report, the Applicant has relayed that he has received positive feedback on the proposed project's building design and site layout.

As required by LHMC 18.66.050 and 18.68.040, a public hearing notice was mailed to property owners within a 300-foot radius of the project site, and a public hearing notice was published in the Orange County Register on April 12, 2024. To date, one person has requested to review the project information, but this person has not yet provided any comments regarding the project to staff. This person was not one of the property owners that attended the City Council meeting.

REQUIRED FINDINGS

Design Review 23-05
Pursuant to La Habra Municipal Code (LHMC) Section 18.32.050(C)(2), all new development and major remodeling within the C-2 Zone is subject to a Design Review by the Planning Commission in accordance with Chapter 18.68 of the LHMC. Pursuant to LHMC Section 18.68.050, 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:

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

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 arterial highways for patronage and access. The development of this drive-through restaurant will cater to people traveling on Whittier Boulevard (State Route 39), a Primary Arterial Highway that serves non-local through traffic and limited local 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 Control 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.

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

The project site is within the C-2 (Commercial) Zone. The project, which includes the development of a new commercial building, has been designed in compliance with the development standards required for the C-2 Zone, including building setbacks, building height, onsite parking, landscaping, and building floor area ratio. Thus, the proposed plan is consistent with the Zoning Ordinance.

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

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 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 to manage 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.

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

The proposed use is compatible with the existing commercial uses along Whittier Boulevard. The operation of a drive-through restaurant will add to the mix of restaurants within the vicinity. The design of the new building complies with the Zoning Code. The proposed drive-through restaurant specializes in the preparation of coffee drinks and sale of prepackaged and/or ready-made food items, and does not propose any 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.

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

The project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303, Class 3: “New Construction or Conversion of Small Structures” of the California Environmental Quality Act Guidelines. The Project includes the development of a restaurant not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area within an urbanized area, where all necessary public services and facilities are available and whereby the surrounding area is not environmentally sensitive. Therefore, the Project is categorically exempt from CEQA.

Conditional Use Permit 23-03
Pursuant to LHMC Section 18.06.040.A, a Conditional Use Permit (CUP) is required for a drive-through restaurant with outdoor menu boards within the C-2 Zone. Pursuant to LHMC Section 18.66.070(C), 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:

A. The granting of such Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and or enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.

The proposed project is located in the C-2 (Commercial) Zone, which allows for the operation of commercial uses including a drive-through restaurant, subject to the approval of a CUP. The proposed project was reviewed to ensure sufficient onsite vehicle queuing and circulation. The proposed project was analyzed by evaluating trip generation, drive-through queuing, and Vehicles Miles Traveled (VMT). 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.

B. The subject site is physically suitable for the type of land use being proposed.

The proposed drive-through restaurant is only 1,200 square feet in area and located within a commercially zoned property. The design of the vehicle 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. 

C. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.

Pursuant to La Habra Municipal Code (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

D. The granting of this Conditional Use Permit is consistent with the comprehensive General Plan.

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” and General Plan Policy LU 2.2 that encourages the "development of a broad range of uses in La Habra’s commercial centers and corridors that reduce the need to travel to adjoining communities, and which subsequently capture a greater share of local spending". The proposed restaurant is mainly designed as a drive-through, which enhances the drive-through restaurant options available within the vicinity. The proposed drive-through restaurant will also feature a walk-up order window and a small outdoor seating area to cater to walk-up orders. It is anticipated that nearby residents and employees may choose to walk to this store to purchase food and beverages. Therefore, granting the CUP is consistent with the General Plan.

The Applicant has paid for the processing costs associated with the Design Review and Conditional Use Permit, which total $12,570.00.

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 proposed project 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 issuance of building permits.

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
Objective C: Continue to improve the City’s business retention expansion program.