On December 3, 2018, the City Council of the City of La Habra approved a Mitigated Negative Declaration of Environmental Impacts 17-02 (SCH2018071057) for a commercial center at 701 through 751 East Imperial Highway, subject to the Mitigation Monitoring and Reporting Program and the Statement of Findings of Facts.  Staff has determined that the subject request, Precise Plan 22-01, is consistent with the project analyzed by the previously-approved Mitigated Negative Declaration; all applicable mitigations measures have been made conditions of approval for the subject request. 

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING PLANNED COMMERCIAL-INDUSTRIAL PRECISE PLAN 22-01 FOR THE CONSTRUCTION OF A 6,250 SQUARE FOOT COMMERCIAL BUILDING AT 731 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS, AND SUBJECT TO CONDITIONS.

The subject property is surrounded by various light industrial properties to the north, a Union Pacific Railroad rail line to the east, Imperial Highway to the south, and a Kaiser Permanente medical office property to the west, between Leslie Street and Harbor Boulevard (see Vicinity Map). The subject property was previously used for a railroad spur track and outdoor storage of lumber and has been vacant for several years. An adjacent lumber store was demolished and redeveloped into the Kaiser medical facility, which completed construction in 2017.

In 2018, several discretionary permits were approved by the Planning Commission and City Council for the subject property (see Related Cases below). The Planning Commission approved the subdivision of the subject property into four lots for the construction of a commercial center.  The Planning Commission also approved related actions such as conditional use permits for primary and ancillary uses such as restaurants, alcoholic beverage sales, and a pylon sign.  The City Council approved a Master Plan for the site that included a hotel (La Quinta Inn and Suites) on Parcel 1, two drive-through restaurants on Parcels 2 and 3, and a pad for a retail store on Parcel 4. The proposed project involves the development of Parcel 4.

At this time, all on-site utilities have been installed, the required drive aisles have been constructed, and the required intersection improvements were completed as per the Master Plan.  The restaurant (Taco Bell) has been constructed and commenced operations on April 2, 2022.  The hotel is in plan check and construction for this development will begin some time this summer.   Lastly, the proposed restaurant on Parcel 2 (Popeye's Louisiana Kitchen), which was approved by the Planning Commission, has decided not to move forward with development of the site and approvals for it have expired.

Parcel 4 is 20,723 square feet (0.47 acres) and designated by the General Plan for Commercial Industrial land use.  The property is within the PC-I (Planned Commercial-Industrial) Zone with a Planned Unit Development (PUD) Overlay, which is consistent with the parcel's General Plan land use designation.

The proposed structure is a single-story building that has a floor area of 6,250 square feet (see Project Plans). The majority of the structure is devoted to an open display area.  Two restrooms and an office will be located at the northern portion of the building and a receiving area and stockroom is proposed for the southern portion of the building.  The building will be utilized by a Hallmark greeting card store, which will be operated by approximately ten employees and open Monday through Saturday from 9:30 a.m. to 7:00 p.m. and Sunday from 10:00 a.m. to 5:00 p.m.  Development of the site meets the development standards of the PC-I Zone, including the required parking.

The proposed building elevations consist of stucco facades, raised parapet elements on north, west, and south elevations, vertical metal trellises for vines, a metal awning, stacked stone wainscot, and standing seam metal roofing on a portion of the building.  The color scheme for the exterior will consist of beige, tan, and brown which will be similar to the La Quinta hotel building and Taco Bell restaurant color schemes.

REQUIRED FINDINGS 

Chapter 18.36 "PC-I Planned Commercial-Industrial Zone" of the La Habra Municipal Code (LHMC) specifies the development requirements for the subject property, which due to it' size, location, topography, and configuration, requires a higher level of review.  Generally speaking, "the objective of the planned commercial-industrial development is to secure a fuller realization of the general plan of the city."  This means that the development must fit in with adjacent uses to include compatibility, both operationally and aesthetically.  The proposal is a component of an approved Master Plan, which consists of a hotel, two restaurants, and a retail operation.  As such, Planning Commission and City Council approval is required for the Precise Plan that is now being considered.  In order for the Commission to recommend approval of the Precise Plan, the following findings must be made:

1.  The location, design and proposed uses are compatible with the character of existing development in the vicinity.

The subject site is located within a commercial district.  The properties located to the east and west are developed with offices, retail commercial buildings, and restaurants.  The proposed development of the commercial building is compatible to the center in which it will be located as well as the adjoining uses to the east (Howard’s Electronics) and west (Kaiser Permanente).  Additionally, the proposed exterior materials and colors of the proposed project will be similar to the development within the commercial center and are also similar to those found on the Kaiser Permanente building and the colors on the Howard’s building.  Therefore, the proposed commercial building is compatible with the surrounding commercial and industrial district. 

Staff evaluated the impacts of the proposed retail and service uses, such as the physical aspects between the subject site and adjacent residential uses.  The closest residential properties are situated south across the 6-lane Imperial Highway, which is surrounded by 14-foot tall masonry sound walls and are over 130 feet away.  Therefore, the use is not expected to create any impacts to any adjacent residential properties.

2.  The plan for development will produce internally an environment of stable and desirable character, and not tend to cause any traffic congestion on surrounding or access streets.

A traffic impact analysis was prepared as part of the Initial Study for the related Master Plan.  It analyzed both the internal circulation and impacts to the surrounding public street system.  The study concluded that there would be no adverse impacts with the construction of project-specific improvements.  Additionally, the Code-required amount of parking is being provided; and therefore, the plan for development will produce internally an environment of stable and desirable character.

3.  The standards of development applicable to the planned commercial-industrial development project as shown on the precise plan are subject to one of the following or any combination thereof:

a.     The development standards of the appropriate zone which would permit the requested land use,

b.     Such standards of development which are clearly designated in the approved master plan.

The proposed project complies with all the applicable development standards of the PC-I Planned Commercial Industrial zone contained within Chapter 18.38 and with the approved Master Plan.

4.  The proposed development will be well integrated into its setting.

As noted above (#1), the subject site is located within a commercial district and the proposed exterior materials and colors of the project are similar to those found in the vicinity.  Two driveways are provided on the site, including a signalized driveway onto Imperial Highway.  An access easement exists at the rear of the property that allow for cross access from the subject parcel to the west.  Therefore, motorists are able to access the signal in front of the project in addition to having access to Leslie Street.  Therefore, the proposed project will be well integrated into its setting.

5. Provision is made for both public and private open spaces, at least equivalent to that required by the underlying preceding zoning regulations.

The provision for open space is not applicable to this use and zone; however, the proposed project provides landscaping on 19% of the site.

Additionally, as part of the overall development the Applicant contributed to public open space by paying an in-lie fee of $130,000.00 for the construction of a public bicycle path, a minimum of 10 feet wide along the east property line, to be used as a segment of a path connecting the La Habra Union Pacific Bikeway Path to the Juanita Cook Greenbelt path in the City of Fullerton as required by the Master Plan.

6. Suitable provision is made, where appropriate, for the protection and maintenance of private areas reserved for common use.

The LHMC does not require commercial development to provide private areas reserved for common use.  However, the approved Master Plan and proposed Precise Plan provide common open area.   Additionally, the proposed retail building meets, but does not exceed, the maximum Floor Area Ratio, which also serves to preserve the common areas.

7. The proposed development does not negatively impact the city’s ability to provide services over the short and long term to city residents because the projected cost of providing city services to the property outweighs the economic benefits of the project to the city.

In approving the preceding Master Plan, several documents were prepared in analyzing the impacts as well as the benefits of the four projects (i.e. hotel, restaurants, and retail business).  For instance, the Public Works Department determined that the existing water and sewer service were adequate to serve the site and a “will-serve” letter was provided to the Applicant.  Also, a traffic impact study was prepared that determined that the surrounding streets were adequate to support the uses, to include the proposed commercial building being considered via the subject Precise Plan.

The Environmental Impact Report (EIR) for the City of La Habra’s General Plan 2035 that was adopted by the City Council on January 21, 2014, evaluated potentially significant impacts associated with implementation of the General Plan. The General Plan EIR analyzed the impacts on City Wide Public Services and determined that overall; impacts resulting from buildout of the General Plan would be less than significant. The site is being developed in accordance with the land use that was anticipated in the General Plan.

The project implements Policies LU 1.1 (Redirect Growth), LU 2.2 (Places to Shop), LU 3.8 (Cohesive and Integrated Development), LU 4.1 (Development Compatibility), LU 4.4 (Design Review), LU 5.5 (Revitalization of Obsolete and Underutilized Properties), LU 11.1 (Diversity of Uses), LU 11.6 (Enhanced Design Character), LU 11.7 (Architecture and Site Design), and ED 2.1 (Business Attraction) of the General Plan 2035.

Therefore, it is not anticipated that approval of the subject Precise Plan would negatively impact the City’s ability to provide services to City residents.

8. There is substantial compliance with the spirit and intent of this code.

The proposed project complies with all the applicable development standards of the PC-I Planned Commercial Industrial zone contained within Chapter 18.38 as well as the approved Master Plan.

9. That the phasing of development under the Master Plan as provided for by the proposed Precise Plan, if any, is appropriate.

There is no phasing plan for this development contemplated in the approved Master Plan. All required in-ground infrastructure has been installed, including all necessary utilities, roads and traffic signals; therefore, the project site is ready for immediate construction of the proposed building as per this Precise Plan.  The Applicant has indicated that they will begin construction of the project immediately upon completion of the entitlement and permitting process.

10. The proposed project complies with all appropriate requirements of the California Environmental Quality Act.

On December 3, 2018, the City Council of the City of La Habra certified Mitigated Negative Declaration of Environmental Impacts 17-02 (SCH2018071057) for a commercial center as per the Master Plan for the property at 701 through 751 East Imperial Highway, subject to the Mitigation Monitoring and Reporting Program and the Statement of Findings of Facts.  The proposed project per the subject Precise Plan, is a component of the Master Plan and is in substantial conformance with the approved Mitigated Negative Declaration.

As previously described, the findings contained within Chapter 18.36.100 of the LHMC are required to be made before the Precise Plan can be granted.  These findings have been made and are provided within the body of the attached resolution.  Additionally, conditions of approval have been included in the resolution that staff has identified as being necessary to ensure that the proposed project will have no negative impacts on the public welfare and to ensure that there is compliance with all appropriate City codes and ordinances.  Staff recommends approval of the project.

The project implements Policies LU 1.1 (Redirect Growth), LU 2.2 (Places to Shop), LU 3.8 (Cohesive and Integrated Development), LU 4.1 (Development Compatibility), LU 4.4 (Design Review), LU 5.5 (Revitalization of Obsolete and Underutilized Properties), LU 11.1 (Diversity of Uses), LU 11.6 (Enhanced Design Character), LU 11.7 (Architecture and Site Design), and ED 2.1 (Business Attraction) of the General Plan 2035.

Application fees totaling $9,336.00 were submitted to cover the processing of this application.

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 proposal will constitute the disturbance of more than 5,000 square feet of soil, a Priority WQMP is required.  A Priority WQMP has been prepared and all work undertaken will be required to incorporate Best Management Practices (BMPs) as required by the WQMP.  Also, since more than one acre will be disturbed, a Stormwater Pollution Prevention Plan (SWPPP) was prepared.

The projects implement Policies LU 1.1 (Redirect Growth), LU 2.2 (Places to Shop), LU 3.8 (Cohesive and Integrated Development), LU 4.1 (Development Compatibility), LU 4.4 (Design Review), LU 5.5 (Revitalization of Obsolete and Underutilized Properties), LU 11.1 (Diversity of Uses), LU 11.6 (Enhanced Design Character), LU 11.7 (Architecture and Site Design), and ED 2.1 (Business Attraction) of the General Plan 2035.