| Item No. 1. | |
| MEETING DATE: September 13, 2021 |
|
| TO: | PLANNING COMMISSION |
| FROM: | DAVID CRABTREE, INTERIM DIRECTOR By: |
| SUBJECT: | DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT 21-03 TO ESTABLISH A RESTAURANT AT 171 EAST IMPERIAL HIGHWAY, SUITE B
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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, Class 1: Existing Facilities of the California Environmental Quality Act Guidelines.
RECOMMENDATION:
That the Planning Commission Approve:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 21-03 TO ESTABLISH A RESTAURANT (COFFEE SHOP) AT 171 EAST IMPERIAL HIGHWAY, SUITE B, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
DISCUSSION:
The Applicant, Jung Woo Kim, is proposing to operate a restaurant (Rabbit & Bean Coffee) within a commercial suite. The subject commercial building is located along the north side of Imperial Highway, mid-block between Euclid Street and Cypress Street. The General Plan Land Use designation is Highway Commercial. The property is zoned Commercial (C-2) which is consistent with the General Plan.
The subject property is improved with a 2,200 square foot commercial building with two suites. Suite A is 1,076 square feet in area and is currently occupied by a law office. The proposed coffee shop will be located within suite B which is 1,124 square feet in area. The restaurant will not have any interior tables or chairs and is proposed to operate as a food to go type facility. The commercial building is located near the middle of the lot and situated against the easterly property line, with a two-way drive aisle located along the west side of the building. The property has street frontage and access along Imperial Highway and access via a 20-foot wide public alley located along the parcel's northerly property line.
Rabbit & Bean is described as a coffee shop that will provide pre-made baked goods, sandwiches and full-body coffee. The baked goods will include but are not limited to croissants, pastries, muffins, and deli style items. The facility will operate from 6:00 a.m. to 6:00 p.m. seven days a week with two to three employees.
The subject property is improved with a 2,200 square foot commercial building with two suites. Suite A is 1,076 square feet in area and is currently occupied by a law office. The proposed coffee shop will be located within suite B which is 1,124 square feet in area. The restaurant will not have any interior tables or chairs and is proposed to operate as a food to go type facility. The commercial building is located near the middle of the lot and situated against the easterly property line, with a two-way drive aisle located along the west side of the building. The property has street frontage and access along Imperial Highway and access via a 20-foot wide public alley located along the parcel's northerly property line.
Rabbit & Bean is described as a coffee shop that will provide pre-made baked goods, sandwiches and full-body coffee. The baked goods will include but are not limited to croissants, pastries, muffins, and deli style items. The facility will operate from 6:00 a.m. to 6:00 p.m. seven days a week with two to three employees.
Analysis
The proposed project is before the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, which requires approval of a Conditional Use Permit (CUP) for all restaurants including coffee shops within the C-2 Commercial Zone. In order to grant the Conditional Use Permit for this request, all of the following findings must be made:
- The granting of the 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 subject site is physically suitable for the type of land use being proposed.
- The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions.
- The granting of the Conditional Use Permit is consistent with the General Plan.
The requested CUP is similar to other coffee shops operating within the City with the exception that it will operate as a food to go type restaurant. Food to go restaurants are not as intensive as dine in or drive-thru type restaurants. All restaurant activities will take place within the commercial suite within reasonable hours of operation. The business operator will be required to comply with City requirements as well as the standards imposed by the Orange County Health Care Agency.
As part of the CUP discretionary action, pursuant to La Habra Municipal Code (LHMC) Section 18.08.070.B, the property owner is required to improve the property to be in compliance with all current code standards to the extent physically possible. The property owner will be reconfiguring the rear parking lot area to include code compliant parking spaces including an accessible parking space and a new trash enclosure. The property currently includes two parallel parking spaces along the west side of the building which will be removed in order to provide a clear two-way drive aisle. The onsite improvements also include enlarging the landscape planter located along Imperial Highway by increasing its size by an additional 84 square feet. The subject property is fully developed with limited area to add additional code compliant parking spaces and onsite landscaping. The same code section (18.08.070.B) allows the Planning Commission to grant waivers to properties where compliance with the Zoning Code is not physically possible. Therefore, a waiver is being requested to address onsite parking (deficient by 2 spaces) and onsite landscaping (deficient by 355 square feet).
As part of the CUP discretionary action, pursuant to La Habra Municipal Code (LHMC) Section 18.08.070.B, the property owner is required to improve the property to be in compliance with all current code standards to the extent physically possible. The property owner will be reconfiguring the rear parking lot area to include code compliant parking spaces including an accessible parking space and a new trash enclosure. The property currently includes two parallel parking spaces along the west side of the building which will be removed in order to provide a clear two-way drive aisle. The onsite improvements also include enlarging the landscape planter located along Imperial Highway by increasing its size by an additional 84 square feet. The subject property is fully developed with limited area to add additional code compliant parking spaces and onsite landscaping. The same code section (18.08.070.B) allows the Planning Commission to grant waivers to properties where compliance with the Zoning Code is not physically possible. Therefore, a waiver is being requested to address onsite parking (deficient by 2 spaces) and onsite landscaping (deficient by 355 square feet).
Code Compliance
| C-2 Zone Standards | Required | Proposed |
| Building Height | 50 feet | 16 feet, 8 inches |
| Front Setback (South) | 15 feet | 46 feet |
| Side Setback (East) | None | Zero |
| Side Setback (West) | None | 24 feet |
| Rear Setback (North) | 20 feet | 45 feet |
| FAR | 2,875 sf (30%) | 2,200 sf (22%) |
| Parking | 8 spaces | 6 spaces* |
| Front Landscaping Setback | 15 feet | 12 feet, 6 inches* |
| Onsite Landscaping | 408 sf (7%) | 53 sf* |
*LHMC Section 18.08.070.B allows the Planning Commission to grant a waiver to properties where compliance with the Zoning Code is not physically possible. For this particular property, the existing building's configuration and onsite improvements present a challenge. The Applicant has made an attempt to fully comply with the Zoning Code by improving the front landscape setback area by enlarging the landscape planter by 84 square feet. The improvements also include the construction of a new trash enclosure, reconfiguring the rear parking lot and ADA improvements. Additional onsite parking and onsite landscaping is not physically possible due to the existing and proposed onsite improvements.
Related Cases
- On January 25, 1965, a building permit was issued for the construction of a 1,232 square foot drive-thru restaurant.
- On August 15, 1991, a building permit was issued for a tenant improvement to subdivide the building and establish a doctors' office within suite A.
- On December 18, 1974, a building permit was issued for interior and exterior alterations and an addition to the restaurant located within suite B.
- On June 15, 1998, a building permit was issued for interior alterations to establish a dry cleaning facility.
- On March 21, 2016, a building permit was issued to subdivide the building into two suites.
FISCAL IMPACT/SOURCE OF FUNDING:
No City resources/funding is required for this proposal.
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 redevelopment is proposed, this project is exempted by the Water Quality Ordinance from the preparation of a WQMP.
GENERAL PLAN RELEVANCE:
The property is designated Highway Commercial which is characterized by commercial uses that need a large amount of land area and are primarily related to and dependent on the City's main arterials for patronage and access. Restaurants are identified as acceptable land uses within the Highway Commercial designation.
The project implements Polices: LU 2.2 Places to Shop, LU 2.3 Places to Work, LU 3.2 Uses to Meet Daily Needs, and LU 11.2 Diversity of Uses of the General Plan 2035.