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 CEQA Guidelines. 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.

That the Planning Commission approve:
 

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. Project Plans (Attachment 3), as well as the project's Traffic and Queuing Analysis (Attachment 4) and Noise impact Analysis (Attachment 5), are provided as attachments to this staff report.

The subject property is located on the north side of East Whittier Boulevard, generally between North Cypress Street and North Stonewood Street, on the northwest corner of East Whittier Boulevard and Chestnut Street (see Exhibit 1). 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.

EXHIBIT 1


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.

The Planning Commission previously reviewed the proposed project at a public hearing held on April 22, 2024. The staff report and minutes from the meeting are included as Attachments 6 and 7, respectively. During the public hearing, the Planning Commission received several public comments from residents that live nearby about how the proposed business operations would impact their quality of life. The primary concerns raised by the residents include the following:

During the past several weeks, the Applicant and residents have been communicating via written correspondence (see Attachment 8-17). This correspondence included the Applicant's summaries of the Chestnut Street residents' concerns and notes on how to address each item. The correspondence also includes the Chestnut Street residents' responses to the Applicant's summaries. An in-person community meeting was held at City Hall on July 15, 2024, followed by a conference call between the Applicant and the Chestnut residents on August 14, 2024, to discuss the project changes that the Applicant has made since the in-person community meeting.

During the Planning Commission’s deliberation on April 22, 2024, the Commission discussed the need to further address the following:

The Planning Commission voted 4-0 to continue the project to a date uncertain in order to allow the applicant adequate time to address the concerns. Below is an analysis of the above requests made by the Planning Commission:

Northern Perimeter Wall
During the public hearing on April 22, 2024, residents expressed concern over the noise and privacy impacts resulting from the proposed project. However, the Noise Impact Analysis prepared by Urban Crossroads on behalf of the Applicant did not cite that a higher wall would be necessary to reduce the sound from either the proposed drive-through outdoor speaker and/or HVAC equipment.

Currently, there is an existing masonry block wall that ranges in height from six feet-three inches, at the western end of the wall, to three feet in height at the eastern end of the wall, adjacent to the residential property's front setback. It was suggested by both the residents and the Planning Commission that the Applicant and staff look into whether the wall along the northern property line of the project site could be increased to a maximum height of eight feet. This suggestion was based on public testimony that a nine-foot high wall had been previously approved and constructed for a shopping center located at the northeast corner of Beach and Whittier Boulevards.

LHMC Section 18.12.080 requires a solid masonry wall, six feet in height, to be constructed between residential and commercial properties, except for within the front setback area of the residential property, where a three-foot high wall is required. Pursuant to LHMC Section 18.08.120, the Director of Community and Economic Development ("Director") may grant a deviation in the wall height of up to 10 percent, which would permit the subject wall height to increase to six feet six inches, except for the front setback area of the residential property, where a wall height of three-foot, three-inches could be permitted. 

Following the public hearing, Staff researched the approval of the nine-foot high wall that was referenced during the public hearing. Staff identified that a Variance was approved to permit the nine-foot high wall. Pursuant to Chapter 18.76 (Variances) of the La Habra Municipal Code (LHMC), the following findings must be made to approve a Variance:

Following the above research, Staff relayed to the Applicant that the Director was willing to approve a 10 percent increase in the wall height, but it was staff's professional opinion that the required findings for a Variance to allow a wall to be higher than six-foot-six inches high could not be made for this project.

In light of the residents' concerns and the latest communication between the Applicant and the residents, the Applicant has agreed to replace the entire length of the existing wall along the northern property line with a new six-foot-six-inch high wall, except for the portion of the wall that the LHMC requires to be three feet in height. Since the construction of the proposed wall would also impact the existing residential gate at 821-829 Chestnut Street, the Applicant has agreed to install a new gate as part of the construction of the wall.  In addition, the Applicant has agreed to paint the wall and gate to match the adjoining residential building.  As a condition of approval, the Applicant will be required to submit plan details for the northern wall prior to the issuance of any permits (Condition 18 for DR 23-05).  The Applicant has also agreed to as well as plant a row of eight-foot high Yew Pine trees, adjacent to the restaurant's side of the wall, as noted on the project plans. The added trees are expected to provide enhanced screening and also contribute to further reducing the sound levels for the residents.

Private Street
Chestnut Street, north of Whittier Boulevard, is a private street, maintained by the adjacent property owners. Residents that live along the street are concerned about the future maintenance and additional traffic on the street as a result of the proposed project.

In regard to the maintenance of the street, the Applicant has agreed to:

In order to deter customers from entering the project site from Chestnut Street, which as noted above is a private street, the Applicant has agreed to install a prominent, highly visible sign east of the Starbucks Whittier Boulevard driveway, to direct customers to enter the property from Whittier Boulevard. In addition, a “DO NOT ENTER, PRIVATE PROPERTY” pole sign will be installed at the northeast corner of the project site to deter customers from driving beyond the Starbuck's Chestnut Street driveway (Condition 20 for DR 23-05). 

The residents have also asked the Applicant to provide a second “DO NOT ENTER, PRIVATE PROPERTY” sign on the opposite side of Chestnut Street to deter unwanted traffic from entering the residential area, north of this commercial property. The Applicant agreed to providing a second pole sign on the northwest corner of the commercial property located on the east side of street, if the property owner provides the proper consent (Condition 21 for DR 23-05). The LHMC does not require such signage. However, adding such signage is also not restricted and could help prevent unwanted traffic.

Additional Traffic Deterrents
The Planning Commission requested that the Applicant consider providing additional traffic deterrents, including but not limited to, traffic speed bumps to prevent vehicles from entering the residential area along Chestnut Avenue. The City’s Traffic Engineer does not recommend that the City require the Applicant to implement speed bumps or other traffic improvements on a private street because the City will not be able to regulate travel and/or be able to maintain such private improvements. However, the City’s Traffic Engineer would also not oppose such improvements if the Applicant and residents choose to install such improvements independent of a City requirement.

Hours of Operation and Deliveries
The Planning Commission requested that the Applicant revise their hours of operation to be the same as the existing Starbucks at 1801 West Whittier Boulevard. This Starbucks’ hours of operation are Monday through Saturday, 5 a.m. to 9:30 p.m. and Sunday, 6 a.m. to 9 p.m. However, other Starbucks Coffee locations close at 10 p.m. The residents informed staff that they would prefer that the proposed Starbucks close at 9 p.m., seven days a week given the closer proximity of residences to this proposed Starbucks Coffee. The Applicant has agreed to limit the hours of operation to 5 a.m. to 9 p.m., seven days a week (Condition No. 1 for CUP 23-03).

The Planning Commission and residents requested that the applicant revise their delivery hours to reduce delivery noise impacts on nearby residents. The Applicant has agreed to limit deliveries to between the hours of 8 a.m. and 6 p.m. daily (Condition 7 for CUP 23-03).  In addition, if necessary, the Applicant has agreed to further reduce the delivery hours, based on an evaluation of the restaurant's operations and delivery impacts, once the restaurant has opened for business. Therefore, this condition of approval, requires an evaluation of the delivery impacts, and submission of a final delivery schedule, subject to the approval of the Director of Community and Economic Development and the City Traffic Engineer within six months of the commencement of operation of the restaurant.
Chestnut Street Driveway
Following the public hearing, in response to resident concerns about potential traffic impacts to their neighborhood from the driveway located adjacent to Chestnut Street, the Planning Commission requested that the Applicant and Staff look into the possibility of closing the driveway on Chestnut Street and limiting the it to trash truck/utility access only. Exhibit 2 shows the proposed drive-through circulation plan. The following steps (Conditions 2 through 6 for CUP 23-03) would be followed to manage drive-through and site circulation:

Upon review of the Applicant's proposed queuing plan, the residents informed the Applicant and Staff that they would still prefer that Starbucks initially open with the driveway along Chestnut Street closed; it is the resident's opinion that the proposed Starbucks project will otherwise exacerbate their ability to safely enter and exit Chestnut Street. 

The City’s Traffic Engineer has determined that the proposed drive-through lane for 17 vehicles will be sufficient. The Applicant has submitted the attached Queuing and Parking Analysis (Attachment 4) that analyzes the queuing for three comparative sites. Based on these examples, the analysis concludes that overflow on to Chestnut Street will be unlikely. Therefore, the City's Traffic Engineer does not believe there is reasonable justification to require the applicant to close off the driveway along Chestnut Street. Moreover, the City's Traffic Engineer would prefer that the applicant retain and offer the Chestnut Street driveway for public use because such a closure may result in an increase of unsafe U-turns from eastbound drivers on Whittier Boulevard. In the event that the drive-through lane exceeds 17 vehicles, the Applicant is expected to implement the drive-through management plan. The City's Traffic Engineer also recommended a condition of approval requiring an evaluation of the drive-through and on-site circulation after six months. He informed the Applicant and residents that six months would be needed to allow traffic conditions to normalize after the restaurant opens. Should the City's Traffic Engineer's evaluation reveal undue impacts on Chestnut Street after six months, the Applicant has agreed to allow the Chestnut Street driveway to be permanently closed except for limited access for the City's trash and/or utility truck service.

Revised Landscaping Conditions of Approval
A preliminary landscaping plan was presented and discussed in the April 22, 2024, staff report to the Planning Commission. Staff informed the Applicant that they would need to comply with LHMC Section 18.14.070(D)(3) by revising their landscaping plan to meet the following:

At the time, Staff calculated the required number of trees based on the total amount of street frontage and previously determined that five, 24-inch box trees would be required along Whittier Boulevard and five, 24-inch box trees would be required along Chestnut Street. Recently, the Applicant requested staff to re-evaluate the total number of required trees given a required 10 foot, line-of-sight along each is also driveway. As a result, the Applicant updated their preliminary plan to show that they would provide a total of three, 24-inch box trees within the 15-foot frontage along Whittier Boulevard; three, 24-inch box trees within the 10-foot frontage along Chestnut Street; and a minimum of one, 24-inch box tree within the parking lot. The final landscape plan will be reviewed for conformance with these standards and the required water efficiency requirements, as part of their building plan check prior to the issuance of building permits (Condition 4.22 for DR 23-05). 

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:

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 Applicant has agreed to construct a six-foot-six-inch high wall along the northern property line to provide a buffer between the new commercial building and adjacent residential units. The project also includes enhanced landscaping to provide additional privacy screening and noise attenuation. The new building has 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 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 project is consistent with the Zoning Ordinance.

The Zoning Ordinance 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 project as conditioned 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 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.

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 Ordinance. 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 use and the design are appropriate for the proposed location and compatible to the surrounding land uses and improvements.

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 an approximately 5,700 square foot commercial building and the construction of a 1,200 square foot drive-through restaurant. The proposed restaurant does not involve the use of significant amounts of hazardous substances and does not exceed 2,500 square feet in floor area.  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. 

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 required findings:

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.

 

The proposed drive-through restaurant is only 1,200 square feet and located on 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. 

 

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 Title 18 of the LHMC.

 

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, which 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 than5,000 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 City Council Goal and Objective:
Goal 5:Development Activity and Business Assistance
Objective C: Continue to improve the City's business retention expansion program