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.

That the Planning Commission Approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING DESIGN REVIEW 21-03 FOR FACADE AND ONSITE IMPROVEMENTS AT 1236 WEST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

The Applicant, Palm Court La Habra Shopping Center LP, is proposing facade and minor onsite improvements to the former Burger King drive-thru restaurant in order to operate a new drive-thru restaurant: The Habit Burger Grill. The subject property is located within the Palm Court commercial shopping center, located at the southwest corner of Imperial Highway and Idaho Street. The General Plan land use designation is Community Shopping Center 2. The property is zoned C-2sh (Community Shopping Center High Density) with a PUD (Planned Unit Development) overlay zone which is consistent with the General Plan.

Palm Court is approximately 12 acres in area consisting of 10 parcels improved with two main commercial buildings and five pad buildings. It should be noted that the parcel which contains the Chase Bank is owned by a different property owner. The shopping center contains a variety of retail uses, restaurants, automotive repair and professional/service oriented businesses. The former Burger King drive-thur restaurant is approximately 2,695 square feet and is located east of the Applebee's Grill & Bar fronting onto Imperial Highway. The restaurant Burger King began operation on November 23, 1983, and ceased operation on December 29, 2020.

The Applicant is requesting to remodel the drive-thru restaurant to include facade improvements that include the removal of the building's mansard roof design which will be replaced with a parapet design with tower elements over the east and west building elevations. The interior of the restaurant will be remodeled and the buildings exterior will be painted with new colors that include an off-white as the main wall color and red and gray as trim/accent colors. The facade improvements also include the use of a composite wood accent material located around all four building elevations. The onsite improvements include a covered trash enclosure, a preview menu board within the drive-thru and a 1,225 square foot outdoor seating area located at the northwest corner of the restaurant, previously used as an outdoor play area for the previous restaurant operator. The patio area will be improved with above ground landscape planters around the patio's perimeter to secure and buffer the area and permanent light poles/fixtures. The patio area will be improved with tables, chairs and umbrellas provided by the restaurant operator. 

The building's drive-thru configuration will remain the same allowing for vehicles to queue along the southerly side of the restaurant. Raw 2020 drive-thru queuing and wait time data was provided for three other Habit drive-thru facilities which included Westminster, Gardena, and Diamond Bar. The Traffic Manager sorted through the data and determined that the max queue observed in the drive-thru was six vehicles with an average wait time of eight-minutes. The La Habra drive-thru configuration provides sufficient area for seven vehicles which was found to be acceptable by the Traffic Manager.

The new restaurant operator, The Habit Burger Grill is described as a burger-centric, fast casual restaurant that specializes in preparing fresh, made to order char-grilled burgers, sandwiches, and salads. The restaurant will operate seven days a week from 10:30 a.m. to 10:00 p.m. with 10 employees. The restaurant will not include any alcohol sales.

The proposed project is before the Planning Commission pursuant to the La Habra Municipal Code (LHMC) Section 18.32.050.C.2 which requires a Design Review for major remodeling that takes place within a C-2sh zone. Projects that require a Design Review must be approved by the Planning Commission pursuant to LHMC Chapter 18.68. In order to grant the Design Review, all of the following findings must be made:

The General Plan designates the property as Community Shopping Center which is characterized by a variety of commercial uses serving the larger Citywide area as well as the immediate surrounding communities. These centers typically have a principal outlet or anchor that includes a variety store, supermarket, or home improvement store and a range of food, convenience goods, and specialty retail/merchandise commercial uses. The drive-thru restaurant is one of five pad buildings (Auto Zone, the subject site, Applebee's, Chase Bank and Jiffy Lube) located within the Palm Court shopping center that contains a variety of uses including other restaurants. It is the only restaurant improved with a drive-thru. The proposed improvements involve exterior facade improvements and the reuse of an outdoor play area into an outdoor seating area. The play area previously included playground equipment that has been removed, leaving behind a concrete patio area. The patio area measures approximately 44 feet by 30 feet that will be improved with outdoor seating and above ground landscape planters to enhance the outdoor dining experience.  

The original restaurant CUP 83-59 remains active with the review of the requested Design Review. The requested improvements do not impact the parking requirements as the restaurant is not proposed to be enlarged. Also, the Zoning Code does not require additional parking for outdoor seating areas. The most recent parking data for the center is from 2010 for CUP 09-16 approved for the operation of the Subway restaurant located within the shopping center. The data indicated that the center provides 570 spaces that are shared between the 35 suites/tenants (including the subject drive-thru restaurant). The center required 654 spaces per code providing for a deficiency of 84 spaces. However, a Parking Study was provided indicating that the peak demand for the center was 451 spaces providing for an excess of 119 spaces. The Parking Study was approved in conjunction with CUP 09-16.

The restaurant's exterior has not been updated since the early 1980's. The proposed facade improvements will update the building's appearance to a more modern design. Standalone pad buildings have been allowed to deviate slightly from the center's architectural design and color scheme to provide a unique design to each business. The restaurant's main wall color (off-white) will blend in with the other buildings within the center that utilize earth tone colors. The facade improvements and the use of the wood composite accent material will be unique to the pad building. The trend to improve pad buildings with a modern design and colors is consistent with other shopping centers including the La Habra Marketplace with the new Starbucks drive-thru pad building. The nature and design of the requested improvements will continue to be appropriate for the area and compatible with the surrounding uses.

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.

The property is designated Community Shopping Center 2 by the General Plan. This designation is characterized by a variety of commercial uses serving the larger citywide area as well as the immediate surrounding communities. These centers typically have a principal outlet or anchor that includes a variety store, supermarket, or home improvement store and a range of food, convenience goods, and specialty retail/merchandise commercial uses.

The existing restaurant is part of a larger shopping center that contains a variety of uses. The proposed improvements involve exterior facade improvements and the reuse of an outdoor play area into an outdoor seating area to enhance the dining experience. The continued operation of a restaurant compliments the other uses found within the shopping center.

This project implements Policies LU 3.2 Uses to Meet Daily Needs, LU 4.4 Design Review, LU 11.1 Diversity of Uses, LU 11.6 Enhanced Design Character and LU 11.7 Architecture and Site Design of the General Plan 2035.