Chairman and Commissioners City of La Habra Planning Commission

Transcription

1 PLANNING COMMISSION AGENDA REPORT TO: FROM: VIA: Chairman and Commissioners City of La Habra Planning Commission Roy N. Ramsland Jr., Planning Manager By: Chris Schaefer, Senior Planner Andrew Ho, Director of Community and Economic Development DATE: September 24, 2018 CASE: Request for Mitigated Negative Declaration of Environmental Impacts 17-02, Planned Unit Development Master Plan 17-01, Development Agreement 18-01, Tentative Parcel Map , Conditional Use Permit for the operation of a hotel, Conditional Use Permit for ABC Type 70 alcoholic beverage license in conjunction with the hotel, Conditional Use Permit for the establishment of a restaurant, Conditional Use Permit for the establishment of a restaurant, and Conditional Use Permit for a 20- foot tall free-standing sign at 701 through 751 East Imperial Highway. SUMMARY RECOMMENDATION It is recommended that the Planning Commission recommend that the City Council certify Mitigated Negative Declaration of Environmental Impacts 17-02, adopt an ordinance approving Planned Unit Development Master Plan 17-01, and approve Development Agreement 18-01; and that the Planning Commission approve Tentative Parcel Map , Conditional Use Permit for the operation of a hotel, Conditional Use Permit for an ABC Type 70 alcoholic beverage license in conjunction with the hotel, Conditional Use Permit for the establishment of a restaurant, Conditional Use Permit for the establishment of a restaurant, and Conditional Use Permit for a 20-foot tall freestanding sign at 701 through 751 East Imperial Highway, subject to the findings and conditions in the attached resolutions. PROJECT PROPOSAL Description The proposed project involves the development of a vacant property which was previously used for outdoor storage of lumber and contains a railroad spur. The project site totals 184,944 square feet (4.24 acres) and the proposed development divides the site into four parcels. The property is located on the north side of Imperial Highway between Leslie Street and Harbor Boulevard (see Vicinity Map, attachment 10). The General Plan land use designation for the site is Commercial Industrial. The property is zoned PC-I (Planned Commercial Industrial) with a Planned Unit Development (PUD) overlay which is consistent with the General Plan.

2 Page 2 Discussion The Applicant is proposing to subdivide the 4.24 acre site into four parcels for the development of the site with a La Quinta Inn and Suites, a Taco Bell, a Popeye s Louisiana Kitchen, and a future retail or office use (see Tentative Parcel Map , attachment 11). Parcel # Size Proposed Use 1 92,110 SF (2.1 ac) La Quinta Inn and Suites 2 39,922 SF (0.92 ac) Popeye s Drive-through Restaurant 3 32,186 SF (0.74 ac) Taco Bell Drive-through Restaurant 4 20,723 SF (0.47 ac) Retail/Office Building Pad The proposed project will create a unified center with shared circulation and parking and a common architectural theme. The internal vehicle circulation on the site will be provided via driveways that range from 26 to 28 feet in width. The site will be accessed via a main driveway at the intersection of Imperial Highway and Village Drive. One in-bound lane and two out-bound lanes, separated by a raised median, will be provided. A secondary vehicle access point will be provided at the west end of the property, but will only provide a right-in and right-out for westbound Imperial Highway. The northwest corner of the site will be connected to a driveway on the Kaiser Permanente site thereby allowing patrons to transit both sites without having to drive onto Imperial Highway. A reciprocal access agreement was recorded between the subject property and the Kaiser property prior to construction of the Kaiser facility. Currently, a signalized three-way intersection exists at Imperial Highway and Village Drive, however this configuration does not permit a left turn onto the site from eastbound Imperial Highway. The Applicant has secured preliminary approvals from the State of California Department of Transportation (Caltrans) to improve the intersection to a four-way intersection, thereby providing access from both directions on Imperial Highway and from Village Drive. All improvements within the public right of way will be subject to review and approval by the City Engineer and Caltrans. The site will have internal reciprocal parking and access, however, the project has been designed so that each parcel is able to self-park based on the proposed uses. Additionally, the site will have an internal pedestrian circulation system and a common landscaping palette (see Conceptual Landscape Plan, attachment 12). It will also include an easement along the east side of the site which has been set aside for the development of a bike trail for future connection to the La Habra bike trail system and eventually into Fullerton. Architecture for the buildings on the site will maintain a modern theme utilizing similar materials and colors and all of the businesses will utilize a common sign design program.

3 Page 3 Parcel E. Imperial Highway (La Quinta Inn and Suites) The proposed hotel will be a La Quinta Inn and Suites franchise. Founded in 1968, La Quinta is a chain of limited service hotels with 800 locations in the United States, Canada, Mexico and Honduras. La Quinta is Spanish for The Fifth but it can also mean the Villa and The Country Place. In 2018, Wyndham Worldwide Corporation became the parent company of La Quinta. Existing La Quinta locations surrounding La Habra are approximately 9-12 miles away in the surrounding cities of Buena Park, Long Beach, Orange, and Pomona. The proposed development consists of a four-story building with 91 guest rooms and features a covered portico drop-off area and a 3,400 square foot outdoor swimming pool area (see Project Plans Hotel, attachment 13). Amenities include a meeting room, a fitness center, a great room, and a bar area. The total floor area for the building is 50,744 square feet. The main entrance will be located at the portico, which is accessed by a 20- foot wide drive-aisle. A total of 144 parking spaces will be provided on this parcel. The proposed building elevations feature a modern style of architecture that utilizes EIFS panels (simulating stucco), composite panel veneers that emulate wood, aluminum cladding, and aluminum parapet extensions. The building will feature two tower elements, insets, pop-outs, and columns to break up the massing and provide visual interest. A covered portico, measuring approximately 42 feet long, by 34 feet wide, by 13 feet tall, will provide a covered area for patrons to temporarily park, check in, and load/unload baggage on the east side of the building. A stylized sunburst design, replicating the La Quinta logo, will be featured on the east side of the building between the second and fourth floors within a recessed area over the main entrance. The colors and materials for the building exterior are similar to those found on the Kaiser Permanente building to the west (see Project Plans - Hotel, attachment 13). The hotel will be a limited-service type lodging facility (typically defined in the industry as a 3-star hotel) as compared to a full-service (4-star) hotel. More specifically, the hotel will provide basic services to its patrons such as a breakfast bar in the morning and snacks

4 Page 4 and beverages in the evening. The hours of operation for the hotel will be 24-hours per day, seven days a week, and will be staffed by approximately 30 employees. As part of the hotel operation, the Applicant is proposing to sell alcoholic beverages to hotel patrons at the breakfast bar area. The request is for a Type 70 (On-Sale General Restrictive Service) license, issued by the Department of Alcoholic Beverage Control (ABC). This type of license authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment s overnight transient occupancy guests or their invitees. This license is normally issued to suite-type hotels and motels, which exercise the license privileges for guests complimentary happy hour. Minors are allowed on the premises as per the ABC regulations. The operation of the Type 70 license includes the sales of bottled and prepared drinks at the dining area between the hours of 4:00 p.m. and 10:00 p.m. by a server. Bottled beer and wine will also be available for sale in the lobby market next to the check-in desk. The rooms will not be provided with mini-bars. Parcel E. Imperial Highway. (Popeye s Louisiana Kitchen) Parcel 2 is located on the southwest portion of the site and has frontage on Imperial Highway. Popeye s Chicken is an American multinational chain of fried chicken fast food restaurants founded in 1972 in New Orleans, Louisiana. Popeye s was named after the fictional detective Jimmy Popeye Doyle in the movie The French Connection. However, the chain became linked to the cartoon character Popeye the Sailor and subsequently used the character rights for marketing for over 35 years. Popeye s has approximately 2,600 restaurants worldwide. The closest locations surrounding La Habra are about 5-6 miles away in the cities of Anaheim, Buena Park and Whittier. The proposed restaurant structure is a single story building that has an area of 2,730 square feet (see Project Plans - Popeye s, attachment 14). The dining room has an area of 1,100 square feet with the remainder of the structure devoted to kitchen and food preparation, and two restrooms. A 430 square foot outdoor dining area is proposed for the northeast side of the restaurant. Parking will be provided on the north side of the restaurant consisting of 22 spaces. A drive-through lane will commence on the northwest side of the restaurant and move vehicles around the south side of the restaurant and return to the northeast side. There will be cueing for eight vehicles in the drive-through lane.

5 Page 5 The proposed building elevations consists of stucco facades, raised parapet elements on east, west, and south elevations, faux shutters, vertical metal trellises for vines, metal awnings, a faux metal balcony on the south elevation, stacked stone wainscot, and decorative goose neck lights on all elevations. The color scheme for the exterior will be similar to the hotel building (see Project Plans Popeye s, attachment 14). The Applicant proposes to operate the restaurant 24 hours per day, to include both the dining room and the drive-through lane. There will be a total of 18 to 30 employees organized into 6 to 10 employees per shift. Parcel E. Imperial Highway (Taco Bell) Parcel 3, is located on the southeast portion of the site and also has frontage on to Imperial Highway. Taco Bell is proposed for the location. As part of the new location, Taco Bell has committed to closing the existing Taco Bell location on Beach Boulevard and Imperial Highway resulting in no-net gain in the city (see Taco Bell Response, attachment 24). Taco Bell is an American chain of fast food restaurants. Founded in 1962, Taco Bell has approximately 7,000 locations and 80 percent of the stores are owned and operated by independent franchisees. The proposed structure is a single story building that has an area of 2,166 square feet (see Project Plans -Taco Bell, attachment 15). The dining room has an area of 800 square feet with the remainder of the structure devoted to the kitchen and food preparation areas and two restrooms. A 220 square foot outdoor dining area is proposed for the northeast side of the restaurant.

6 Page 6 Parking will be provided on the north side of the restaurant consisting of 20 spaces. A drive-through lane will commence on the northwest side of the restaurant and move vehicles around the south side of the restaurant and return to the northeast side. There will be cueing for eight vehicles in the drive-through lane. The proposed building elevations consists of stucco facades, raised parapet elements on the southeast corner of the building and at the main entrance on the north elevation. The tower at the southwest corner will be finished with composite wood panels (Azek XLM Rustic Bark) and the main entry will consist of fiber cement panels painted Urbane Bronze. The stucco will utilize a two-tone feature. The building also features vertical metal trellises for vines, metal awnings, and decorative lights fixtures on all elevations. The color scheme for the exterior will be similar to the hotel building and Popeye s. The applicant proposes to operate the restaurant from 7:00 a.m. to 1:00 a.m. daily. The dining room will close at 10:00 p.m. and the drive-through lane will close at 1:00 a.m. There will be a total of 25 employees organized into various shifts. Parcel 4 Address not yet assigned (Office/retail) Parcel 4 depicts a commercial building with footprint of 4,800 square feet. No actual plans for this parcel are under consideration at this time. The 4,800 square feet was used as a baseline for analysis in the Initial Study. A proposal for actual development of the parcel will come before the Planning Commission and City Council at a future date.

7 Page 7 Signage The project will utilize a master sign program addressing building wall signs and free-standing signs (see Planned Sign Program, attachment 16). The building wall signs consist of internally illuminated channel letters. The restaurants are proposed to have signage on all four elevations and the hotel on three elevations. Per strict interpretation of the signage code, wall signs are only permitted on a building elevation facing a public street or on the elevation containing the primary entrance. The proposed signage on the east and west elevations of the two restaurants and on the west elevation of the hotel do not meet this requirement, however, per Section A of the La Habra Municipal Code, the Planning Commission and City Council can approve design alternatives as part of a Master Plan. Staff recommends approval of the wall sign on the west elevation of the hotel due to its location 220 feet from Imperial Highway and visibility from Leslie Street and not on the east and west elevations of the two restaurants due to the close proximity to Imperial Highway. The 20-foot tall pylon sign is proposed to identify all four uses within the center. The sign will be placed on the west side of the main driveway, set back 15 feet from the front property line. The sign structure will incorporate separated signage area for the four tenants as follows: 40 square feet (5 x 8 ) for La Quinta ; 20 square feet (2.5 x 8 ) for Taco Bell ; 20 square feet (2.5 x 8 ) for Popeye s, and; 20 square feet (2.5 x 8 ) for a fourth, undetermined business. The design of the pylon incorporates the architectural them and colors found on the La Quinta hotel building. This includes the use of a parapet extension, found at the top of the sign, and angular stepped appearance of various portions of the sign. Development Agreement Lastly, the proposed project includes a Development Agreement between the property owner and the City (see Development Agreement, attachment 9). The purpose of a development agreement is twofold: it ensures that certain improvements are implemented that promote the public health, safety and welfare of the community, and; it assures the developer of certainty for the development of the property. Pursuant to State law, a Development Agreement between a developer entity and the City can be negotiated and approved by a local jurisdiction.

8 Page 8 The Development Agreement in this case lays out the deal points and processes and commits the developer to a contribution to Open Space, Recreation, and Parks consisting of the dedication of land and construction of a 10 foot wide bicycle trail along the east property line. This requirement was negotiated by the City as well as conditioned by Caltrans. The Development Agreement also includes provisions for the hotel operator to pay the City a 12% hotel user fee (referred to as Deferred Compensation in the Development Agreement). The agreement also provides that the hotel will be maintained at a minimum 3-Star level and provided for city review and consent of any changes to a different operator or brand. The Development Agreement requires the developer hold interest in the project for a minimum of 6 years. Should the project not be built within 10 years, the agreement becomes void. Analysis Discretionary actions for this proposed project include the certification of a Mitigated Negative Declaration of Environmental Impact (MND); a Planned Unit Development Master Plan (PUD); a Tentative Parcel Map; and Conditional Use Permits for the operation of a hotel, for an ABC Type 70 alcoholic beverage license in conjunction with the hotel, the establishment of two restaurants, and for a 20-foot tall free-standing sign. It also includes entering into a Development Agreement between the City and the property owner. The MND, PUD, and Development Agreement will be forwarded to the City Council for final approval. The Tentative Map and Conditional Use Permits are final at the Commission level unless appealed. An analysis of each proposed action is provided below. Mitigated Negative Declaration (MND) An Initial Study, resulting in a Mitigated Negative Declaration of Environmental Impacts (MND (SCH# )), was prepared for this project pursuant to Sections to of the California Environmental Quality Act (CEQA) Guidelines (see Initial Study/Draft Mitigated Negative Declaration of Environmental Impacts 17-02, attachment 17). Potential impacts identified were Aesthetics, Air Quality, Cultural Resources, Greenhouse Gas, Noise, Public Services, Transportation and Circulation, and Utilities. Mitigation Measures have been identified and are included in the Mitigation Monitoring Program to minimize these impacts to Less than a Significant Impact. A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration of Environmental Impacts was circulated for public review and comment on June 8, 2018 for a 30-day review period ending on July 9, 2018 pursuant to Section of the CEQA Guidelines (see Notice of Intent to Adopt, attachment 18). Copies of the reports were made available at the Community Development public counter at City Hall, on the City website, and at the La Habra Branch of the Orange County Library system. During the 30-day public review period, staff did not receive any comment letters, however two letter were received after the 30-day period from Caltrans (July 19, 2017) and Marcy & Jim Herb (July 19, 2017). During the preparation of this staff report it was discovered that a clerical error had occurred with the review at the State Clearinghouse. To remedy

9 Page 9 this error, a new 30-day review period was initiated. This 30-day review period ran from July 25, 2018 through August 25, During this review period a letter was received from the California Public Utilities Commission (August 10, 2018). Responses to Comments for both review periods have been prepared pursuant to the CEQA Guidelines and sent to the commenters (see Response to Comments, attachment 19). Since the proposed Mitigation Measures will minimize the impacts to Less than Significant, staff is recommending certification of the MND. Planned Unit Development (PUD) As required by Chapter of the La Habra Municipal Code (LHMC) Planning Commission and City Council approval is required for a Planned Unit Development Master Plan. In order for the Commission to recommend approval of the master plan, all of the following findings must be made: 1. That the location, design and proposed uses are compatible with the character of existing development in the vicinity. 2. That the plan will produce, internally, an environment of stable and desirable character, and will not tend to cause any traffic congestion on surrounding or access streets. 3. That all required applications for the proposed use have been processed, including any Conditional Use Permit applications. 4. That the standards of development applicable to the Planned Unit Development are clearly designated in the proposed Planned Unit Development ordinance or plans approved thereunder and/or supplementary text material. 5. That the proposed development will be well integrated into its setting. 6. That provision is made for both public and private open space, at least equivalent to that required in the primary zone. 7. That suitable provision is made, where appropriate, for the protection and maintenance of private areas reserved for common use. 8. That 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. 9. That the proposed project complies with all requirements of the California Environmental Quality Act. 10. That there is reasonable assurance that the applicant intends to and will be able to proceed with the execution of the project without undue delay.

10 Page That there is substantial compliance with the spirit and intent of this title. 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 is similar in size and scale to the adjacent Kaiser Permanente to the west and the Howard s to the east. Additionally, the proposed exterior materials and colors of the proposed project are similar to those found on the Kaiser Permanente building and the colors on the Howard s building. Therefore, the proposed development and site layout are compatible with the surrounding commercial district. Per the requirements of the PC-I zone, an economic analysis was prepared to show that the proposed project would benefit the City (see Economic Analysis, attachment 20). This analysis looked at the various aspects of the project to include sales tax generation, property tax generation, and hotel user fees. Currently, the undeveloped property generates property tax based off of a land value of approximately $3.6 million which nets the City $6,478 annually. However, upon full buildout of the project, the property values are projected to increase to approximately $15.2 million, assuming all four structures are constructed. This valuation would then net the City $26,970 in property taxes annually. Regarding sales tax and hotel user fee projections, these were based off the operation of the La Quinta Inn and Suites, with alcoholic beverage sales and a hotel user fee of 12%, the Taco Bell and Popeye s restaurants, and the undetermined use on the fourth parcel, assumed to be a generic retail use. The project is expected to generate $430,487 in annual sales tax and fees to the City and to provide new jobs for 83 employees. This same analysis estimated that it may cost the City $285,874 to provide services to this development consisting on such things as public safety, public works, engineering, and other related municipal services. Lastly, the proposed project complies with all the applicable development standards of the underlining PC-I Zone. Staff evaluated the project to determine if the existing infrastructure, such as water and sewer, had the capacity to meet the needs of the development, and it was found to be adequate. Furthermore, an Initial Study and a Traffic Impact Analysis Study were prepared for this project. The Traffic Impact Analysis analyzed both the internal circulation and traffic impacts to the surrounding public streets. The study concluded that there would be no adverse impacts with the construction of project-specific improvements that include alignment of the driveway with Village Drive, modification of the existing signal, modification of medians, and striping within Imperial Highway. Project Specific conditions of approval have been included in the resolution as identified in the Traffic Impact Analysis Study (see Resolution Planned Unit Master Development 17-01, attachment 2). Tentative Parcel Map As required by Chapter of the LHMC, Planning Commission approval is required for a Tentative Parcel Map. In order for the Commission to approve the map, all of the following findings must be made:

11 Page The proposed subdivision and the provisions for its design and improvements are consistent with the provisions of the La Habra General Plan. 2. The Tentative Parcel Map meets the requirements of the La Habra Subdivision Ordinance and Subdivision Map Act. 3. The site is physically suitable for the proposed density. 4. The design of the proposed subdivision is not likely to cause substantial damage or avoidable injury to wildlife and their habitat. 5. The design is not likely to cause substantial health problems. 6. The design will not conflict with any easements for access through or use of the property within the proposed subdivision. 7. The proposed subdivision and the provisions for its design and improvements are consistent with the provisions of the La Habra General Plan. 8. The Tentative Tract Map meets the requirements of the La Habra Subdivision Ordinance and Subdivision Map Act. 9. The site is physically suitable for the proposed density. 10. The design of the proposed subdivision is not likely to cause substantial damage or avoidable injury to wildlife and their habitat. 11. The design is not likely to cause substantial health problems. 12. The design will not conflict with any easements for access through or use of the property within the proposed subdivision. All the proposed parcels meet the minimum code requirements, such as street frontage and minimum lot size, as well as the aforementioned findings. A condition has been placed on the map that requires that the shared access agreement that exists between the subject property and the Kaiser Permanent property be maintained to allow for traffic flow from Leslie Street to the site. In addition, the ultimate development of the parcels created by TPM complement each other and appear as a unified development through the use of similar exterior building materials and colors. Future development of fourth parcel will require Planning Commission and City Council approval through the PC-I Precise Plan process, thereby ensuring that this use is consistent with the other three uses.

12 Page 12 Conditional Use Permits Five Conditional Use Permits are being requested as part of this project. Pursuant to LHMC Section A, the Planning Commission must make the following findings in order to grant a Conditional Use Permits: CUP (hotel) 1. 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. 2. The subject site is physically suitable for the type of land use being proposed. 3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions. 4. The granting of the Conditional Use Permit is consisted with the General Plan. The hotel will operate under a franchise agreement with La Quinta Franchising, LLC for an initial period of 20 years. A hotel market study was prepared in addition to the economic analysis to ensure that a new hotel would be successful in this location (see Hotel Market Study, attachment 21). The study, prepared by HVS Consulting and Valuation, looked at various issues that included the location of the hotel, access, proximity to demand generators and attractions, adjacent hotels, and public demand. Additionally, the report broke down the operational expenses and replacement costs associated with the proposed hotel. The report recommended placing a 12% hotel user fee (i.e. Deferred Compensation ) on patron bills of the hotel. This user fee would be paid to the City to offset its costs. As previously mentioned, these costs include such things as roadway and signal maintenance, street sweeping, public safety, code enforcement, NPDES inspections and enforcement, and other related City activities. Based off of the analysis in the report, the hotel is anticipated to be successful and profitable. Additionally, no impacts to the surrounding development or neighborhood to the south are anticipated. Therefore, the findings for approval of the hotel can be made. CUP (alcohol) The Applicant is proposing to obtain a Type 70 license from the California Department of Alcoholic Beverage Control (ABC). A Type 70 license only allows alcoholic beverage sales to registered guests in the hotel. Also, guests are not permitted to remove alcoholic beverages from the hotel and must consume them on-site. While the floor plan for the hotel shows a bar adjacent to the great room, this will not operate as a typical bar. Instead, it will provide an area for hotel guests to relax and enjoy a beverage at the end of the day prior to turning in for the night. There will be no mini-bars in the guest rooms.

13 Page 13 The subject property is located within Census Tract 13.04, which allows for a total of four Type 70 Restrictive On-Sale General Services licenses before a level of Undue Concentration is reached as determined by ABC. At this time there are no existing Type 70 licenses within Census Tract therefore an Undue Concentration does not exist. The police department has reviewed the application and has no opposition to the proposed use. Therefore, the findings for the use of the Type 70 license can be made. CUP (Popeye s) Staff has reviewed the operational characteristics of the proposed Popeye s restaurant. The restaurant use is compatible with the other uses within the new center and is located adjacent to existing retail/service based businesses such as Howard s, ALDI, and Kaiser Permanente. The franchisee proposes to operate the restaurant 24 hours a day. Staff evaluated the impacts of the proposed retail and service uses, such as the physical aspects between the restaurant 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. The outdoor seating area is on the north side of the restaurant building, which will block any noise. Conditions of approval have been placed on the project to face the speaker box away from the residential properties and to keep the volume to the lowest setting possible. Therefore, the use is not expected to create any impacts to any adjacent residential properties. CUP (Taco Bell) Staff has reviewed the operational characteristics of the proposed Taco Bell restaurant. This restaurant, which has similar operational characteristics as Popeye s and is similarly situated along Imperial Highway, is not expected to create any impacts to any adjacent residential properties. Conditions of approval have been placed on the project to face the speaker box away from the residential properties and to keep the volume to the lowest setting possible. Therefore, the use is also not expected to create any impacts to any adjacent residential properties. In addition, Taco Bell has committed to close the existing location on Beach Boulevard and Imperial Highway resulting in a no net gain in this establishment within the City (see Taco Bell Response, attachment 24). CUP (free-standing sign) The proposed 20-foot tall freestanding sign will contain identification for all four uses on the property. The sign structure is finished with the same material, colors, and duplicates the roof trim that lines the exterior of the hotel building and is consistent with the proposed Planned Sign Program for this center. A site distance analyses will be conducted to ensure the sign is placed in a location that will not interfere with visibility of motorists entering or exiting the site (see Planned Sign Program, attachment 16). The subject site is located along a Primary Arterial Highway. The freestanding sign will be visible from a distance and given the speed of traffic on Imperial Highway, will enhance the customer s opportunity to make the appropriate traffic maneuver to enter the property.

14 Page 14 The overall scale and size of the proposed sign is appropriate for this property size, which exceeds 4 acres. The Commission has considered many similar requests and allowed heights to be exceeded on a case by case basis when circumstances justify the request. There are several free-standing signs located within a quarter mile of the subject site which exceed the standard 8-foot sign height (see below). The proposed sign is similar in height to other existing freestanding signs within this vicinity. Address Business Sign Height 1000 E. Imperial Hwy Wal-Mart 36 feet 1050 S. Harbor Blvd CVS Pharmacy 20 feet (Imperial Hwy) 1101 E. Imperial Hwy Pepper Shaker Restaurant 27 feet 901 E. Imperial Hwy Howard s Appliances 25 feet 951 E. Imperial Hwy ALDI 24 feet 701 E. Imperial Hwy Subject Site 20 feet 601 E. Imperial Hwy Kaiser Permanente 17 feet In consideration of the aforementioned issues, the proposed free-standing sign will not be detrimental to the area and will not impair the character of the zone. Development Agreement The California Government Code Section through lays out the regulations for development agreements. This includes such things as the approval of a developer agreement shall be per ordinance, the city may recover its direct costs with approving said ordinance, that the agreement shall be periodically reviewed, and the duration of the agreement. The proposed development agreement lists items that the City feels are necessary to mitigate the potential impacts of the project. This includes the payment of a hotel user fee (i.e. Deferred Compensation ) in the amount of 12% of a patron s bill to the City of La Habra general fund. As previously described, this money would go towards paying for various City expenses related to right-of-way maintenance, inspections and enforcement, which was estimated to be $285,874 annually using the year 2020 as the build-out of the project. This estimate was determined using research and correspondence from City staff and information from public sources. The development agreement also has provisions to require City approval of any changes in the hotel franchise. The current franchise is for a La Quinta Inn and Suites, which is a national chain with a strong reputation. The current franchise agreement, between the owner and La Quinta, is for 20 years. However, in the future, should the franchise change, the City will be allowed to review and approve any new hotel ranked at three stars or better that would use the site to ensure that this new hotel is as good as La Quinta or better in quality. Lastly, the property owner has been conditioned to provide an easement and construct a bicycle path, a minimum of 10 feet wide, along the east property line. This new bicycle

15 Page 15 path would be constructed on the west side of the Fullerton railroad spur and is listed as a Class 1 bike path on the City of La Habra Bikeway Master Plan. The goal of this segment would be to ultimately connect the Juanita Cook Greenbelt bike path in the City of Fullerton and with the La Habra Union Pacific Bikeway Trail. The agreement has been reviewed by the City Attorney s Office for compliance with applicable laws. It is therefore recommended that the Planning Commission recommend that the City Council approve the Development Agreement. Summary The development of the subject 4.24 acre site complies with the PC-I zone standards and any impacts identified by the Mitigated Negative Declaration will be addressed prior, during, and after construction. Conditions of approval have been placed on the various uses to ensure that impacts to any adjacent properties are minimal. Additionally, the project provides sufficient access for public safety personnel such as Fire and Police, and will be serviced by sanitary sewers and storm drains to be constructed on site and existing within Imperial Highway. The project as designed meets the intent of the goals and policies of the General Plan and Zoning Code. Therefore, based on these facts, it is recommended that the Planning Commission recommend that the City Council certify Mitigated Negative Declaration of Environmental Impacts 17-02, adopt an ordinance approving Planned Unit Development Master Plan 17-01, and approve Development Agreement It is further recommended that the Planning Commission approve Tentative Parcel Map , Conditional Use Permit for the construction of a hotel, Conditional Use Permit for an ABC Type 70 alcoholic beverage license in conjunction with the hotel, Conditional Use Permit for the establishment of a restaurant, Conditional Use Permit for the establishment of a restaurant, and Conditional Use Permit for a 20-foot tall free-standing sign at 701 East Imperial Highway, subject to the findings and conditions in the attached resolutions. Code Compliance Required Provided* Area Requirement 4 acres 4.24 acres Building Height 65 feet 64 feet, 2 inches Front Setback 25 feet 31 feet, 6 inches Rear Setback 0 feet 60 feet Side Setback (east) 0 feet 10 feet Side Setback (west) 0 feet 51 feet Floor Area Ratio (FAR) 0.8 FAR 0.33 FAR Parking 203 spaces 205 spaces Landscaping 12,108 SF (7%) 34,510 SF (19%) * Each individual parcel complies with the development standards the standards shown above are shown for the whole 4.24 acre site.

16 Page 16 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 the proposal will constitute the disturbance of more than 5,000 square feet of soil, a Priority WQMP is required. A Preliminary Priority WQMP has been prepared and included as Appendix B of the Initial Study (see Initial Study, attachment 17). 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) will be prepared. GENERAL PLAN RELEVANCE 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 RELATED CASES On February 27, 1989, the Planning Commission recommended that the City Council approve the Grossman s Incorporated Precise Plan and certify Negative Declaration for the development of a 10 acre site for a lumber warehouse/storage and commercial center within the Delta One Redevelopment Project Area. On March 21, 1989, the City Council approved the Grossman s Incorporated Precise Plan and certified Negative Declaration for the development of a 10 acre site for a lumber warehouse/storage and commercial center within the Delta One Redevelopment Project Area. REQUIRED FINDINGS Findings of Fact are required to be made before a Mitigated Negative Declaration of Environmental Impact can be certified. The Findings for the Mitigated Negative Declaration are attached to the resolution as Exhibit A. Mitigation measures have also been identified to mitigate potential environments impacts to a level of Less than Significant and are attached to the resolution as Exhibit B Findings are also required before the Planned Unit Development, Tentative Parcel Map, and Conditional Use Permits can be granted. These findings are provided within the body of the attached resolutions along with all the conditions that staff has identified as being necessary to ensure that the proposed projects will have no negative impacts on the public welfare and to ensure that there is compliance with all appropriate City codes and ordinances (see Resolutions, attachments 1 through 9). No Legal finding are required for the Development Agreement.

17 Page 17 RECOMMENDATION It is recommended that the Planning Commission adopt resolutions entitled: Mitigated Negative Declaration A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA RECOMMENDING THAT THE CITY COUNCIL CERTIFY MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (SCH # ) 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 FACT HERETO ATTACHED AS EXHIBITS "A" AND B. Planned Unit Development A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT MASTER PLAN FOR THE PROPERTY AT 701 EAST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS. Development Agreement A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH GREG S. JONES REVOCABLE TRUST AND SUNNY INVESTMENTS, LLC FOR THE DEVELOPMENT OF THE IMPERIAL HIGHWAY COMMERCIAL CENTER AT 701 THROUGH 751 EAST IMPERIAL HIGHWAY AS PER ATTACHMENT A. Tentative Map A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING TENTATIVE PARCEL MAP TO CREATE FOUR PARCELS AT 701 THROUGH 751 EAST IMPERIAL HIGHWAY, AS PER THE APPROVED MAP, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS. CUP - Hotel A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR THE OPERATION OF A HOTEL AT 701 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

18 Page 18 CUP Alcohol A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR ABC TYPE 70 ALCOHOLIC BEVERAGE LICENSE IN CONJUNCTION WITH THE HOTEL AT 701 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. CUP Restaurant (Popeye s) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A RESTAURANT AT 711 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. CUP Restaurant (Taco Bell) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A RESTAURANT AT 751 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. CUP Sign Height A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT FOR A 20-FOOT TALL FREE-STANDING SIGN AT 701 EAST IMPERIAL HIGHWAY, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS. ATTACHMENTS 1. Resolution - Mitigated Negative Declaration of Environmental Impacts Resolution - Planned Unit Development Master Plan Resolution - Tentative Parcel Map Resolution - Conditional Use Permit Resolution - Conditional Use Permit Resolution - Conditional Use Permit Resolution - Conditional Use Permit Resolution - Conditional Use Permit Resolution - Development Agreement Vicinity Map 11. Tentative Parcel Map Conceptual Landscape Plan 13. Planned Sign Program 14. Project Plans Hotel

19 Page Project Plans Popeye s 16. Project Plans Taco Bell 17. Initial Study/ Mitigated Negative Declaration of Environmental Impacts (Previously Delivered) 18. Notice of Intent to Adopt 19. Response to Comments 20. Economic Analysis 21. Hotel Market Study 22. Applications 23. Noticing 24. Taco Bell Response