The project has been 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 CEQA Guidelines because the project involves negligible expansion of use. The project will involve expansion of the existing building footprint from 3,357 square feet to 3,901 square feet, which is both less than 50% of the existing building footprint and less than 2,500 square feet, and is located within an established shopping center where all necessary public services and facilities are readily available. 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 and construction of this project. Therefore, the project is categorically exempt from CEQA.

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 DESIGN REVIEW 23-06 TO REMODEL THE BUILDING AND SITE FOR AN EXISTING DRIVE-THROUGH RESTAURANT (CHICK-FIL-A) LOCATED AT 1801 WEST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301,CLASS 1: "EXISTING FACILITIES" OF THE CEQA GUIDELINES

The Applicant, 4G Development & Consulting, Inc., is requesting approval of Design Review 23-06 to remodel an existing Chick-Fil-A drive-through restaurant, located on a 1.03 acre parcel, at 1801 West Imperial Highway, as depicted in Exhibit 1. The subject property is developed with a 3,357 square foot building, parking spaces and dual drive-through lanes, and is part of an integrated shopping center (the La Habra Marketplace), located on the north side of West Imperial Highway between South Beach Boulevard and South Idaho Street. The subject property is located south of (across the parking lot from) Ross Dress for Less, east of (across Market Place) a dentist office, north of Imperial Highway, and west of (on the other side of the Chick-Fil-A parking lot and drive-through) a drive-through Starbucks. 

Exhibit 1 - Vicinity Map


The La Habra Marketplace is approximately 35 acres and contains 14 pad buildings consisting of a variety of retail uses, professional/service oriented businesses, a movie theater, and several restaurants, including three existing drive-through restaurants and one drive-through restaurant that is under construction (Krispy Kreme Doughnuts). The La Habra Marketplace is designated by the General Plan for Community Shopping Center 2 land use and located within the C-2sH (Community Shopping Center High Density) Zone, which implements the General Plan Community Shopping Center 2 land use designation. Table 1 below describes the General Plan land use designations, zoning and existing land uses for the properties that surround the La Habra Market Place.

Table 1: Land Uses that are adjacent to the La Habra Marketplace Shopping Center

Location	General Plan Land Use Designations	Zoning	Existing Land Use
North, across Coyote Creek	Community Shopping Center 1, Residential/Multi-Unit 1 and Low Density Residential	C-2 Commercial, R-1c Single Unit Dwelling Zone, R-3 Limited Multi-Unit Dwelling Zone and R-4 Multi-Unit Dwelling Zone	Raising Cane's, Black Bear Diner, single-family homes, Stoneridge Apartments, and Village Green Apartments
East	Community Shopping Center 1	C-1 Limited Commercial and C-2 Commercial	Multi-tenant shopping center/United States Post Office
South, across West Imperial Highway	Community Shopping Center 2	C-2sH Community Shopping Center High Density	Palm Court Shopping Center and the Westridge Plaza Shopping Center
West, across South Beach Boulevard	Community Shopping Center 2	C-2sH Community Shopping Center High Density	Commercial center anchored by Trader Joe's, Burlington Coat Factory and CVS Pharmacy.

This existing building on the subject property was constructed in 1991. Two Pesos Mexican drive-through restaurant was established and operated at this location from 1991 to 1994 under Conditional Use Permit (CUP) 90-64. Two Pesos Mexican drive-through restaurant was replaced by Kenny Rogers Roasters, which operated at this location from 1994 to 1998. Kenny Rogers Roasters was then replaced by Krispy Kreme Doughnuts, which operated at this location from 1998 until 2006. Chick-Fil-A restaurant began operating at this location in 2007, following the Planning Commission and former Redevelopment Agency's 2006 approval of Modification (MOD) 06-09 to modify CUP 90-64 to deviate from the La Habra Marketplace's approved building colors, Zone Variance (ZV) 06-19 to place a wall sign in a location not facing onto a commercial street, and Plan Approval (PA) 06-20 to remodel the exterior of the existing building for the establishment of a Chick-Fil-A restaurant. The proposed plans to expand the existing Chick-Fil-A restaurant are provided in Attachment 3 and summarized below.

As shown in Exhibit 2, the project site is currently improved with a 3,357 square foot commercial building that the Applicant is proposing to increase in size to 3,901 square feet; the areas of expansion are identified in the exhibit with diagonal striping. In conjunction with the addition, the proposed project also includes adding two new drive-through canopies, modifying the landscaping and adding a new trash enclosure. The Applicant is also proposing to remove a total of three sets of tables and chairs from the existing outdoor dining area located along the south end of the existing building, which will allow for the addition of a new concrete walkway that will lead to the proposed new secondary customer door entrance. While some outdoor dining area is proposed to be removed, the expansion along the south end of the building would expand the indoor dining area.

Exhibit 2 - Site Plan

As shown in Exhibit 3, the proposed project would add 544 square feet to the existing kitchen/service areas, which will help improve the efficiency of their food preparation operations. The new floor plan will contain a multipurpose room, an office, men's and women's restrooms, electrical closet, kitchen, employee work area, team room, dining room, order area, service area, and an entry area.
  Exhibit 3 - Floor Plan


  LANDSCAPING
In order to accommodate the proposed addition, the Applicant will need to remove some existing landscape planters as shown in Exhibit 4 below.

Exhibit 4 - Preliminary Landscape

As a condition of approval, the Applicant will be required to submit a final landscape plan that complies with the following:

BUILDING DESIGN
The Applicant is proposing to comprehensively remodel the exterior of the existing 3,357 square-foot building as shown on the elevations provided as Exhibit 5 below. The proposed facade improvements will be consistent with the surrounding buildings that were recently updated in the La Habra Marketplace by utilizing the same contemporary materials, colors and features found on other buildings.

Specific design modifications include:

• Replacing all existing red barrel tiled roofing with a new dark bronze metal seam roof;
• Painting the building using a new gray and white color palette;
• Adding a new dark bronze coping along the building cornice;
• Replacing the existing rooftop equipment screen;
• Adding a new loading door, service door and secondary customer entrance door along the west elevation;
• Re-locating an existing electrical cabinet to the inside of the building;
• Adding new decorative LED light fixtures;
• Incorporating a new concrete walkway/ramp along the west elevation that will connect to an existing concrete walkway that will provide access to the northern parking lot area;
• Installing a new drive-through canopy along the east side of the building; and
• Installing a new detached drive-through canopy at the west end of the project site to be located near the drive-through entrance.

TRAFFIC AND PARKING
The City's Traffic Engineer anticipates that the proposed number of vehicle trips generated by the proposed project will be negligible. A Traffic Study would be required if the project generated 40 or more pm peak hour trips. The proposed project is anticipated to generate 17 additional vehicle trips according to the Institute of Transportation Engineer's (ITE) manual, but 50 percent of these trips are considered pass-by trips or existing trips on the roadway. Therefore, the new net of project trips is expected to be a total of nine trips only. The project is also not subject to the preparation of a Vehicle Miles Traveled (VMT) analysis based on the VMT methodologies formulated by the North Orange County Cities (NOCC) SB 743 Implementation Study. Pursuant to the NOCC VMT Screening and Testing Tool, local retail service uses less than 50,000 square feet are screened out from a VMT analysis and are presumed to have a less than significant transportation impact. Staff confirmed that the project screens out based on its classification as a local serving retail use of less than 50,000 square feet of gross floor area.

Section 18.14.060.B.6 of Chapter 18.14 (On-Site Parking Requirements) of the La Habra Municipal Code (LHMC) requires a restaurant with a drive-through to provide a minimum of eight parking spaces per every 1,000 square feet of gross floor area. Based on this parking standard, the proposed project requires a total of 32 spaces. The La Habra Marketplace provides shared parking for its tenants; Chick-Fil-A currently has 41 parking spaces allocated within its lease area. The proposed project would remove three parking spaces in order to accommodate a new trash enclosure. As a result of the removal of these three spaces, the project lease area will have 38 parking spaces, consisting of 13 spaces located immediately in front of the main entrance along the west side of the building and 25 additional spaces are located north of the building; together, these areas will exceed the minimum parking required by the LHMC (32 spaces required; 38 spaces provided).

ANALYSIS:

Pursuant to LHMC Section 18.32.050.C.2, the proposed project is subject to the requirements of Chapter 18.68 (Design Review). Pursuant to LHMC Section 18.68.050 (Findings), prior to the approval of Design Review 23-06, the Planning Commission shall make the required findings listed below; following each finding is staff's analysis of the proposed project's ability to meet the required finding.

1. The proposed project is consistent with the City's General Plan.

The proposed project is consistent with the Community Shopping Center 2 General Plan land use designation of the site, which is "[c]haracterized 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 use." The proposed project also supports General Plan Goal LU 11: Diverse Districts and Corridors, which includes policies towards the achievement of "Vital, active, prosperous, and well-designed commercial districts that provide a diversity of goods, services, and entertainment and contribute to a positive experience for visitors and community residents."  The project implements this goal by comprehensively remodeling an existing building and site for the continued operation of a drive-through restaurant. The proposed building and site enhancements will help reinvigorate the overall shopping center by providing an updated, refreshed building design along with newly added landscaping to beautify the property. Therefore, the proposed project is consistent with the City's General Plan.

2. The proposed project is consistent with the City's Zoning Ordinance.

The subject property is within the C-2sH (Community Shopping Center High Density) Zone. The proposed project complies with the C-2sH standards identified in Chapter 18.32 of the Zoning Ordinance, including building setbacks, building height limits, design guidelines, on-site parking, and landscaping requirements. Therefore, the proposed project is consistent with the Zoning Ordinance.

3. The proposed project is in the best interests of the public health, safety, and welfare of the community.

The Zoning Ordinance and General Plan are tools that are available to ensure that all projects achieve goals that promote the public health, safety and welfare of the community. The proposed project is in harmony with both the Zoning Ordinance and the policies of the General Plan. The proposed comprehensive remodel and expansion to an existing building and site improvements, including new canopies, relocated trash enclosure, and new pedestrian walkway will be reviewed to conform with all Building Code requirements to ensure the proposed remodel of the existing restaurant with a drive through will be structurally sound and meet all electrical, plumbing and mechanical requirements to ensure a safe environment to operate a restaurant with a drive through. As part of the Building plan review process, the project will be reviewed by Building Safety Inspectors before the issuance of the Certificate of Occupancy is issued. Therefore, by complying with the Zoning Ordinance and various policies of the General Plan, as well as being subject to the Building plan review and Inspection processes, the proposed project is in the best interest of the public health, safety, and welfare of the community.

4. For projects that are not subject to the objective design standards set forth in Chapter 18.09 of this title, the nature of the proposed land use and the design is appropriate for the proposed location and is compatible with the surrounding land uses and improvements.

Chapter 18.09 of the LHMC applies to multi-unit residential and mixed-use development in the City, and, therefore, does not apply to this project.

The proposed building and site improvements comply with the General Plan and Zoning designations. The design of the proposed project takes into consideration the property's location, existing development, and size to accommodate the remodel and expansion of the existing restaurant with a drive-through in a thought-out manner. The proposed project provides adequate on-site access, circulation, and on-site parking to minimize impacts to the surrounding area. In this case, the proposed project was designed to ensure the addition will not impede the line-of sight for vehicles exiting from the drive-through lane. Also, the proposed modifications to the existing building have been designed in compliance with the required setbacks and building height limits. New rooftop screening and an enclosed electrical equipment closet also help to ensure unsightly mechanical equipment will not detract from the building's overall appearance. Therefore, the nature of the proposed land use and the design is appropriate for the existing building location and is compatible with surrounding uses and improvements.

5. The project complies with all requirements of the California Environmental Quality Act, or has been found to be exempt.

The project has been found to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1: "Existing Facilities" of the CEQA Guidelines because the project involves a negligible expansion of use. The project will involve expansion of the existing building footprint from 3,357 square feet to 3,901 square feet, which is both less than 50% of the existing building footprint and less than 2,500 square feet, and is located within an established shopping center where all necessary public services and facilities are readily available. 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 and construction of this project. Therefore, the project is categorically exempt from CEQA.

The Applicant has paid for the processing costs associated with the Design Review and the CEQA Exemption, which total $6,975.00. 

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. A Preliminary Non-Priority Water Quality Management Plan (WQMP) has been prepared.

The proposed project would implement the following General Plan Goal:

The proposed project implements the following City Council Goal and Objective: