| Item No. 4. | |
| MEETING DATE: September 9, 2024 |
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| TO: | PLANNING COMMISSION |
| FROM: | SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT By: Carlos Moreira, Associate Planner (C. Moreira) |
| SUBJECT: | DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR MODIFICATION 23-01 TO AMEND CONDITIONAL USE PERMIT 90-57 TO ALLOW THE OPERATION OF A DRIVE-THROUGH AT AN EXISTING RESTAURANT (BIRRIERIA GUADALAJARA) LOCATED AT 1100 EAST LA HABRA BOULEVARD (ASSESSOR’S PARCEL NUMBER 298-133-20)
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15301(a), Class 1: "Existing Facilities" of the CEQA Guidelines because the project involves a negligible expansion of use. The project involves the use of an existing drive-through window at an existing fast food restaurant. The project does not require any new construction and/or modifications to the existing building and/or site. The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. 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 of this project. Therefore, the project is categorically exempt from CEQA.
RECOMMENDATION:
That the Planning Commission approve and adopt:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING MODIFICATION 23-01 TO AMEND CONDITIONAL USE PERMIT 90-57 TO ALLOW THE OPERATION OF A DRIVE-THROUGH AT AN EXISTING RESTAURANT (BIRRIERIA GUADALAJARA) LOCATED AT 1100 EAST LA HABRA BOULEVARD, AS PER THE APPROVED SITE PLAN AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301(A), CLASS 1: "EXISTING FACILITIES" OF THE CEQA GUIDELINES.
DISCUSSION:
The Applicant, Alexis Conde, is requesting Modification 23-01 to Conditional Use Permit (CUP) 90-57 to allow the operation of a drive-through for an existing restaurant (Birrieria Guadalajara) on a 0.33 acre property, located at 1100 East La Habra Boulevard (see Exhibit 1). The subject property is located within the La Habra Center, a 95,800-square foot shopping center located south and west of the intersection of La Habra Boulevard and Harbor Boulevard. The La Habra Center includes a variety of multi-tenant commercial uses on four parcels; the subject property is Parcel 4 (see Exhibit 2). The La Habra Center is also home to VCC - The Gary Center, Raffa’s Carniceria, Gardens Bar & Grill, Troy’s Burgers, California WIC, La Michoacana Plus, a beauty salon, and a nail salon, all located to the south of the subject property along Harbor Boulevard.
EXHIBIT 1 – VICINITY MAP
EXHIBIT 2 - SITE PLAN (PARCELS 1-4)
The La Habra Center is designated by the General Plan as Mixed Use Center 1 and located within the La Habra Boulevard Specific Plan (SP-1) Zone with a Mixed Use Overlay, which implements the General Plan Mixed Use 1 land use designation. Surrounding land uses include:
| Location | Use | General Plan Designation | Zoning |
| North (across La Habra Boulevard) | Vacant Lot (former Burch Ford) | Mixed Use Center 3 | La Habra Boulevard Specific Plan |
| East | Gas Station | Mixed Use Center 1 | La Habra Boulevard Specific Plan |
| South (of La Habra Center) | Strip Commercial Center | Highway Commercial | C-2: Commercial |
| West | Condominum Complex | Residential Multi-Unit | La Habra Boulevard Specific Plan |
The existing building on the subject property was constructed in 1955. A Roastin Chicken restaurant was established at the location under the provisions of CUP 90-57 and operated there from 1991-2002. The Roastin Chicken restaurant was replaced by a Juan Pollo restaurant that operated at this location from 2002-2021, pursuant to CUP 90-57. In August 2021, Birrieria Guadalajara was established at the same location, also operating under the provisions of CUP 90-57.
A Code Enforcement case (CE#22-25) was opened on the property on January 10, 2022, in response to complaints that the restaurant was using the drive-through window and the queue was backing up onto La Habra Boulevard. Since receiving their Code Enforcement citation, the Applicant has been working with staff to obtain proper Planning approval. As part of the review of Modification 23-01, the Applicant needed to provide a queuing analysis and plan corrections, which required substantial time for the Applicant to complete.
A Code Enforcement case (CE#22-25) was opened on the property on January 10, 2022, in response to complaints that the restaurant was using the drive-through window and the queue was backing up onto La Habra Boulevard. Since receiving their Code Enforcement citation, the Applicant has been working with staff to obtain proper Planning approval. As part of the review of Modification 23-01, the Applicant needed to provide a queuing analysis and plan corrections, which required substantial time for the Applicant to complete.
Drive-Through Operations
Vehicle access to the subject property is from one of two driveways that connect to La Habra Boulevard or from drive aisle connections within the remaining portion of the shopping center. There are eight (8) parking spaces located to the south of the restaurant and three (3) spaces, including an ADA space, located adjacent to the north entrance of the restaurant. The drive-through aisle would wrap around the western, southern and eastern sides of the building. Customers enter the drive-through from the north side of the property, coming eastbound from La Habra Boulevard. They continue south along the property to begin queuing. Orders are placed at the drive-through menu board located on the east side of the building. After placing their orders, they then pull forward to pay, receive their food, and exit by proceeding north back onto La Habra Boulevard. The drive-through operates during the restaurant’s normal business hours, Monday through Sunday, from 9 AM to 9 PM. The restaurant has a total of five (5) employees working at any given time. The drive-through is intended to enhance the restaurant’s operations by enabling increased sales volume by allowing the restaurant to serve more customers in a shorter period, particularly during peak hours when the indoor dining space is busy. The drive-through streamlines the restaurant’s ordering and preparation process, reducing customer waiting times. Additionally, the drive-through provides a convenient option for customers by offering a minimal contact, food to-go service.
EXHIBIT 3 – SITE PLAN (PARCEL 4)
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Drive-Through Queuing Analysis
Restaurants involving a drive-through feature require a queuing analysis by the Traffic Division. Linscott, Law & Greenspan (LLG) conducted a queuing and traffic circulation assessment for the Birrieria Guadalajara restaurant, which considered data from the La Habra location and two other Birrieria Guadalajara restaurants in the cities of Orange and Santa Ana, as these locations were occupied by Birrieria Guadalajara restaurants that are comparable in size and nature. After the Applicant finished addressing staff's revisions, the final drive-through queuing and traffic circulation assessment was approved by the City's Traffic Engineer on February 12, 2024. The queuing analysis revealed that even during peak periods, the drive-through queue is able to operate without impact on the neighboring properties and public right-of-way (East La Habra Boulevard). More specifically, the drive-through queuing analysis indicated that the drive-through lane can accommodate up to four (4) vehicles without vehicles having to spillover onto East La Habra Boulevard, but experiences a maximum of approximately three (3) vehicles in the queue during peak periods which is between the hours of 4 PM and 7 PM. To help ensure the queue is operating efficiently, the Applicant will have restaurant employees direct orders requiring longer preparation to temporarily park until they can hand deliver their order while still allowing other vehicles in the queue to move forward.
CODE COMPLIANCE
While Modification 23-01 does not involve any changes to the building and/or site, the summary table below specifies how the existing restaurant complies with the La Habra Boulevard Specific Plan Development Standards.
| City Requirements | Proposal | |
| Building Height | 50’ maximum | N/A (No changes) |
| Front Setback | 10’ minimum | 45’ |
| Side Setback (West) | 10’ minimum | 30’ |
| Side Setback (East) | No requirement | No requirement |
| Rear Setback | 20’ minimum | 60’ |
| Floor Area Ratio (FAR) | 0.5 FAR maximum | 0.12 |
| Parking | 8 per ksf GFA | 11 |
| Front Landscape Setback | 10’ minimum | 10’ |
| Onsite Landscaping | Minimum 7% of the parking lot | 16.3% |
ANALYSIS:
Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, a Conditional Use Permit (CUP) is required for a drive-through restaurant within the La Habra Boulevard Specific Plan (SP-1) Zone. Since CUP 90-57 allows the operation of a fast food restaurant, the Applicant is requesting a modification (Modification 23-01) to CUP 90-57 to allow the operation of a drive-through at the existing restaurant. The Planning Commission must make the CUP findings pursuant to LHMC Section 18.66.070(C) in order to approve Modification 23-01. Staff has provided justification in support of each of the required findings:
A. The granting of this conditional use permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession, and 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 La Habra Boulevard Specific Plan (SP-1) Zone, which allows restaurants with a Conditional Use Permit. The Planning Commission approved CUP 90-57 to establish a fast food restaurant at the project site in 1991. The Applicant has operated the project site since 2021. The proposed project to allow operation of a drive-through was reviewed to ensure sufficient on-site vehicle queuing and circulation. The data contained within the analysis supports the project's drive-through design including the queuing areas and on-site vehicle circulation. Therefore, the granting of this Modification 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 La Habra Boulevard Specific Plan (SP-1) Zone.
B. The subject site is physically suitable for the type of land use being proposed.
The proposed drive-through operations will supplement an existing restaurant within an established multi-tenant commercial shopping area known as the La Habra Center. The design of the vehicle queuing area is such that all traffic can be contained on-site. While no modifications are being proposed to the building and/or site, the subject property complies with all the 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 LHMC 18.06.040(A), a restaurant is conditionally permitted within the La Habra Boulevard Specific Plan (SP-1) Zone. The Applicant is currently operating its restaurant pursuant to CUP 90-57. Because the Applicant is requesting to modify the use by adding drive-through operations, a modification to CUP 90-57 is required. The project plans associated with the proposed Modification have been reviewed for compliance with all applicable development standards. Therefore, the proposed use is conditionally permitted within the La Habra Boulevard Specific Plan Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
D. The granting of this conditional use permit is consistent with the comprehensive General Plan.
The project aligns with Land Use policy LU 3.2, which promotes "Uses to Meet Daily Needs". The primary focus of the restaurant is its sit-down dining, offering a valuable amenity that serves the local community. The drive-through component enhances convenience, particularly for those with time constraints, without detracting from the restaurant's primary function. This dual approach ensures that the restaurant meets a broader range of daily needs, aligning with the goals of the General Plan by balancing sit-down dining with the convenience of a drive-through service.
Related Cases
The proposed project is located in the La Habra Boulevard Specific Plan (SP-1) Zone, which allows restaurants with a Conditional Use Permit. The Planning Commission approved CUP 90-57 to establish a fast food restaurant at the project site in 1991. The Applicant has operated the project site since 2021. The proposed project to allow operation of a drive-through was reviewed to ensure sufficient on-site vehicle queuing and circulation. The data contained within the analysis supports the project's drive-through design including the queuing areas and on-site vehicle circulation. Therefore, the granting of this Modification 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 La Habra Boulevard Specific Plan (SP-1) Zone.
B. The subject site is physically suitable for the type of land use being proposed.
The proposed drive-through operations will supplement an existing restaurant within an established multi-tenant commercial shopping area known as the La Habra Center. The design of the vehicle queuing area is such that all traffic can be contained on-site. While no modifications are being proposed to the building and/or site, the subject property complies with all the 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 LHMC 18.06.040(A), a restaurant is conditionally permitted within the La Habra Boulevard Specific Plan (SP-1) Zone. The Applicant is currently operating its restaurant pursuant to CUP 90-57. Because the Applicant is requesting to modify the use by adding drive-through operations, a modification to CUP 90-57 is required. The project plans associated with the proposed Modification have been reviewed for compliance with all applicable development standards. Therefore, the proposed use is conditionally permitted within the La Habra Boulevard Specific Plan Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.
D. The granting of this conditional use permit is consistent with the comprehensive General Plan.
The project aligns with Land Use policy LU 3.2, which promotes "Uses to Meet Daily Needs". The primary focus of the restaurant is its sit-down dining, offering a valuable amenity that serves the local community. The drive-through component enhances convenience, particularly for those with time constraints, without detracting from the restaurant's primary function. This dual approach ensures that the restaurant meets a broader range of daily needs, aligning with the goals of the General Plan by balancing sit-down dining with the convenience of a drive-through service.
Related Cases
- On June 10, 1991, the Planning Commission approved Resolution 91-74 approving Conditional Use Permit 90-57 to establish a fast food restaurant within a commercial center at 1100 East Whittier Boulevard.
FISCAL IMPACT/SOURCE OF FUNDING:
The Applicant has paid for the processing costs associated with the Modification and the CEQA reviews, which total $4,368.00.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):
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 no disturbance of soil will occur, the project is exempted by the Water Quality Ordinance from the preparation of a WQMP.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
The proposed project is related to the following General Plan policies:
- LU 3.2: Uses to Meet Daily Needs. Encourage uses that meet daily needs such as grocery stores, local serving restaurants, and other businesses and activities within walking distance of residences to reduce the frequency and length of vehicle trips.
- LU 11.1 Diversity of Uses. Provide for and encourage 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 capture a greater share of local spending.
The proposed project is related to the following City Council Goals and objectives:
- Goal 5 - Development Activity and Business Assistance
- Objective C: Continue to improve the City's business retention expansion program
Attachments
- Attachment 1 - Map
- Attachment 2 - Resolution with Conditions of Approval
- Attachment 3 - Plans
- Attachment 4 - Application
- Attachment 5 - Public Notice
- Attachment 6 - Resolution 91-74