This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt pursuant to Section 15315, Class 15: “Minor Land Divisions” of the CEQA Guidelines because the project consists of the division of property in an urbanized area zoned for commercial use into two parcels, and the division conforms with the General Plan and Zoning Code. No variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent.

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. The project will not cause a substantial adverse change in the significance of any historical resource. Staff does not expect any significant impacts or unusual circumstances related to the approval and execution of the project. Therefore, the project is categorically exempt from CEQA.

That the Planning Commission adopt and approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING TENTATIVE PARCEL MAP 24-0002 (TPM NO. 2024-131) TO ALLOW THE SUBDIVISION OF AN 87,685 SQUARE FOOT PARCEL INTO TWO LOTS ON THE PROPERTY CURRENTLY ADDRESSED AS 777 SOUTH BEACH BOULEVARD AND 2060 WEST LAMBERT ROAD (ASSESSOR’S PARCEL NUMBER: 018-431-39), 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 15315, CLASS 15: “MINOR LAND DIVISIONS” OF THE CEQA GUIDELINES
 

The Applicant, Brenda Wright of Walden & Associates, on behalf of the Property Owner, MW Shenouda of Imperial Retail Investment LLC, is requesting approval of Tentative Parcel Map 24-0002 (TPM No. 2024-131) to subdivide an existing 87,685 square-foot parcel (APN 018-431-39 - the "Project Site") into two separate lots that would be 30,426 square feet (Parcel 1) and 57,259 square feet (Parcel 2).  The Applicant is requesting this subdivision in order for the Property Owner to have options regarding the lease and/or sale of each lot. The Project Site (See Vicinity Map, Exhibit 1) comprises an “L” shaped parcel near the southwest corner of West Lambert Road and South Beach Boulevard, addressed as 2060 W. Lambert Road and 777 S. Beach Boulevard. The Project Site was previously identified as APN 018-431-35; however, at the time when the adjacent parcel (currently developed with Carl’s Jr and Del Taco restaurants) was split and the final map recorded, the Orange County Assessor’s office re-numbered the subject parcel for Tentative Map 24-0002 (TPM No. 2024-131) from APN 018-431-35 to APN 018-431-39. Nonetheless, the Applicant was first to discover the APN update and is already aware that they will be responsible for updating any documents which reference the former APN before such documents are finalized and/or recorded. 

The General Plan designates the Project Site for Highway Commercial (0.30 FAR) land use. The Project Site is within the Commercial (C-2) Zone, which implements the General Plan's Highway Commercial land use designation. On January 23, 2023, the Planning Commission approved Tentative Parcel Map No. 2022-131 to subdivide a 3.5-acre property, located at the southwest corner of Lambert Road and Beach Boulevard, into three separate legal parcels (see Exhibit 2 below). The Project Site is identified as Parcel No. 1; the other two parcels identified as Parcels Nos. 2 and 3 in Exhibit 2 are developed with drive-through restaurants (Carl's Jr and Del Taco respectively). In addition to the Tentative Parcel Map, the Planning Commission also approved Design Review 22-04 and Conditional Use Permits 22-14 and 22-15, for the construction and operation of an automobile service/repair facility (America's Tire) and drive-through restaurant (Dutch Bros Coffee). The Applicant did not propose any physical changes to Parcels Nos. 2 and 3.  As one lot, the buildings and site improvements associated with Dutch Bros Coffee and America's Tire fully comply with development standards for the C-2 Zone, including minimum setbacks, maximum building height and parking. Covenants, Conditions, Restrictions (CC&Rs) and easements were recorded for the Project Site on December 5, 2023 (see Attachment 2). In this case, the Property Owner decided to record CC&Rs although not a requirement by the City. Construction of the Dutch Bros Coffee is complete; Dutch Bros Coffee began operations in January 2025. Construction plans for America's Tire are currently under review. 

EXHIBIT 2: SITE PLAN APPROVED ON JANUARY 23, 2023
 
Table 1:

Location	General Plan Land Use Designation	Zoning	Existing Land Use
Project Site:	Highway Commercial	C-2 Zone	Drive-through restaurant/ Automobile service/repair
North (Across Lambert Road)	Neighborhood Commercial	C-2 Zone	Multi-tenant commercial shopping center
East (immediately adjacent)	Highway Commercial	C-2 Zone	Drive-through restaurants (Carl's Jr and Del Taco)
East (Across Beach Blvd)	Highway Commercial  Mixed-Use Center 1	C-2 Zone Mixed Use (MX) Overlay Zone	Retail (James True Value Hardware), Animal hospital Self-storage, Motel
South	Residential Low Density (0-8 units/ac)	Single-Unit Dwelling (R-1c) Zone	Single-unit dwellings
West	Residential Low Density (0-8 units/ac)	R-1c Zone	Single-unit dwellings

 

Development standards for the C-2 Commercial Zone for the subject parcels are summarized in Table 2 below.

Table 2:

C-2 Commercial Zone - Parcel No. 1	City Requirements	Actual/Proposed
Building Height - Dutch Bros.	Max. 50 feet	24 feet
Building Height - America's Tire	Max. 50 feet	33 feet
Front Setback - Dutch Bros. (North)	Min. 15 feet wide	47 feet
Front Setback - America's Tire (East)	Min. 15 feet wide	61 feet
Side Setback - Dutch Bros. (East)	Min. 0 feet	25 feet
Side Setback - Dutch Bros (West -adjacent to residential)	Min. 5 feet	43 feet to canopy and  54 feet to building
Side Setback - America's Tire (North)	Min. 0 feet	43 feet
Side Setback - America's Tire (South -adjacent to residential)	Min. 5 feet	6 feet to canopy and 68 feet to building
Rear Setback - Dutch Bros. (South - adjacent to residential)	Min. 20 feet wide	350 feet
Rear Setback - America's Tire (West - adjacent to residential)	Min. 20 feet wide	125 feet
Floor Area Ratio (FAR)	Max.0.30 FAR	0.21 FAR
Parking - Dutch Bros. (Parcel 1)	Min. 8 spaces (8 per ksf GFA)	13 spaces are provided on Parcel 1
Parking - America's Tire (Parcel 2)	Min. 13 spaces (2 per bay plus 2.7 per ksf office)	36 spaces are proposed on Parcel 2

Max. = Maximum
Min. = Minimum
ksf = 1,000 square feet
GFA = Gross Floor Area

The Applicant is proposing to subdivide the Project Site into two lots that would create a property line near the proposed drive aisle where the Dutch Bros Coffee drive-through lane ends, as shown in Exhibit 3 below. The 30,426-square-foot northern parcel that has frontage along West Lambert Road, and includes Dutch Bros Coffee, is proposed as Parcel 1. The 57,259-square-foot southern parcel that has frontage along South Beach Boulevard, and is approved for operation of an automobile service/repair facility (America's Tire), is proposed as Parcel 2. The proposed tentative map will not necessitate any alterations to the Commission's prior approvals of Tentative Parcel Map No. 22-131, Design Review 22-04, Conditional Use Permit 22-14 and Conditional Use Permit 22-15. 

The proposed Parcels 1 and 2 will continue to comply with all of the development standards for the C-2 Zone. Pursuant to Table 18.14.060.B.6 of Chapter 18.14 (Off-Street Parking Requirements) of the LHMC, a minimum of eight parking spaces is required for a drive-through restaurant and 13 parking spaces are required for an automobile service facility.  In this case, the proposed Tentative Parcel Map will divide the parking spaces within the Project Site between the two new parcels, resulting in 13 parking spaces on Parcel 1 and 36 parking spaces on Parcel 2; thereby exceeding the City's minimum parking requirement. Moreover, the CC&Rs include multiple provisions (see Sections 3.8, 4.1, 4.5, and 4.6 and Article 5) regarding the provision of shared parking and reciprocal access across both parcels. As a condition of approval, the proposed Tentative Parcel Map will require the approval and recording of a reciprocal access agreement to ensure: (a) adequate emergency vehicle access without having to provide a physical turn-around area on each lot, and (b) visitors and patrons have the convenience and option to use either Lambert Road or Beach Boulevard when visiting Dutch Bros Coffee or America's Tire.

Exhibit 3 

    
ANALYSIS:

Pursuant to Section 17.12.020 (Approval) of Chapter 17.12 (Parcel Maps) of Title 17 (Subdivisions) of the La Habra Municipal Code, tentative parcel maps must first be filed with the Planning Commission. When considering tentative parcel maps, the Planning Commission reviews the proposal for consistency with the General Plan, the requirements of the La Habra Subdivision Ordinance, and the Subdivision Map Act. Section 66474 of the Subdivision Map Act includes the following list of grounds for denial; if any one of the findings below is made, the map must be denied. 

A. That the proposed map is not consistent with the applicable general plan and specific plans as identified in Section 65451.
The proposed subdivision is consistent with La Habra General Plan Policy LU 4.1, which requires “development to be located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality, and aesthetics.” The proposed subdivision allows two separate parcels that can each manage development onsite independently and at the same time cohesively allowing for compatibility among the land uses. With a reciprocal access agreement, each parcel will have access via a public street and there will be sufficient onsite parking for all the land uses. There are no applicable specific plans. Therefore, the proposed map is consistent with the General Plan. 

B. That the design or improvement of the proposed subdivision is not consistent with applicable general plan and specific plans.
The City Engineer has reviewed the proposed map in relation to the provisions of the La Habra Subdivision Ordinance and the Subdivision Map Act as codified in LHMC Section 17.12.030 and found the map to be in conformance with these regulations.  There are no applicable specific plans. Therefore, the design of the proposed subdivision is consistent with the General Plan.

C. That the site is not physically suitable for the type of development.
The proposed Tentative Parcel Map 24-0002 (TPM No. 2024-131) to subdivide the Project Site will result in both of the proposed parcels continuing to comply with the development standards of the C-2 Zone, as detailed in the staff report. Therefore, the site is physically suitable for the type of development.

D. That the site is not physically suitable for the proposed density of development. 
On January 23, 2023, the Planning Commission approved Tentative Parcel Map No. 2022-131 to subdivide a 3.5-acre property, located at the southwest corner of Lambert Road and Beach Boulevard, into three separate legal parcels, including the Project Site. In addition to the Tentative Parcel Map, the Planning Commission also approved Design Review 22-04 and Conditional Use Permits 22-14 and 22-15, for the construction and operation of an automobile service/repair facility (America’s Tire) and drive-through restaurant (Dutch Bros Coffee). The Planning Commission made a finding confirming that the buildings and site improvements associated with Dutch Bros Coffee and America’s Tire fully comply with development standards for the C-2 Zone, including minimum setbacks, maximum building height and parking. As noted above, the proposed map to subdivide the Project Site will continue to comply with the development standards of the C-2 Zone, including parking. As a condition of approval, prior to the Applicant recording the final map, the Applicant is required to execute and record a reciprocal access agreement. Therefore, the site is suitable for the proposed density of development.

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The subject site was previously evaluated and recognized as an infill development in an urbanized area. The subject site lacks natural trees and vegetation that could be used by wildlife; rather, the site has been used over the years for the operation of seasonal special events including pumpkin patches, strawberry stands and Christmas tree sales on a regular basis since the year 2001. Therefore, the proposed subdivision is not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.

There are no grounds upon which to deny Tentative Parcel Map 24-0002 (TPM No. 2024-131). The subdivision will be consistent with the General Plan and Subdivision Map Act as implemented by Title 17 of the La Habra Municipal Code. Therefore, staff recommends that the Commission approve Tentative Parcel Map 24-0002 (TPM No. 2024-131).

F. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
The Project’s design provides sufficient access for public safety services, such as Fire and Police, along two street frontages and between the parcels, which will be further guaranteed with the application of a reciprocal access agreement. Further, Section 5.6 of the CC&Rs provides for reasonable use of easements in a manner that does not obstruct or delay the conduct of operations of the other businesses.  Therefore, the design of the proposed subdivision is not likely to cause serious health problems.

G. That the design will conflict with any easement for access through or use of the property within the proposed subdivision, acquired by the public at large, for access through or use of, property within the proposed subdivision. 
The Project has been designed around the existing easements including drainage and utility easements. The proposed subdivision of a single “L” shaped parcel into two separate parcels of 30,426 square feet (Parcel 1) and 57,529 square feet (Parcel 2) does not propose development that conflicts with any existing easements on or over the proposed subdivision. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. 
 

The Applicant has paid for the processing costs associated with the Tentative Parcel Map which total $6,532.00.

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. Since no disturbance of soil will occur, the project is exempted by the Water Quality Ordinance from the preparation of a WQMP.

The proposed project is related to the following General Plan policy:

The proposed project meets the following Council Goal and Policy: