The subject site is an approximately 0.83-acre property located within a Planned Unit Development (PUD) located on the east side of Harbor Boulevard, between Chapman Avenue and Twintree Lane.  The site has a General Plan Land Use designation of International West Mixed Use (IW), and is currently zoned Planned Unit Development No. PUD-128-12.  The subject site abuts Harbor Corridor Specific Plan – Tourist Commercial “B” (HCSP-TCB) zoned properties to the north, the future “Site C Project” in Planned Unit Development No. PUD-128-12 zoned properties to the east and south, and the Sheraton hotel in Planned Unit Development No. PUD-141-01 zoned properties to the west, across Harbor Boulevard.  Currently the site is vacant.  

In 2012, the City Council approved General Plan Amendment No. GPA-2-12(B) and Planned Unit Development No. PUD-128-12 to facilitate the future development of a resort hotel project known as the “Site C Project” on an approximately 5.2-acre site encompassing both the subject property and the abutting properties to the east and south. 

In 2013, the City of Garden Grove approved the Grove District Resort Hotel Development Agreement (DDA).  The DDA provided that the City would acquire and convey approximately 4.3 acres of the combined 5.2-acre site to the developer for the “Site C Project.”  The DDA gave the developer the option of acquiring the subject 0.83-acre property at 12202 Harbor Boulevard, and adding it to the City-owned 4.3 acres for the “Site C Project.”  The “Site C Project” developer did not acquire the property, therefore it was not incorporated into the “Site C Project.”

In 2017, the City approved Site Plan No. SP-043-2017, Tentative Tract Map No. TT-17455, and Development Agreement No. DA-008-2017 to implement the “Site C Project.”  These land use approvals reduced the “Site C Project” from the original 5.3 acres to 4.3 acres to exclude the subject property.  Additionally, the 2017 ”Site C Project” entitlements authorized the development of 100,762 square feet of restaurant and conference/banquet uses on that 4.3 acres, using nearly all of the original building area allotted pursuant to PUD-128-12.

The owner of the subject 0.83-acre property located at 12202 Harbor Boulevard now wishes to develop a restaurant on the site.  Due to the subject site never being integrated into the “Site C Project” as contemplated in 2012, the PUD zoning for the site must be modified to facilitate its development.  Therefore, the applicant is requesting to create a new “Subarea A” of PUD-128-12, which would establish separate implementation provisions and development standards governing the development on the subject site that are as, or more, restrictive as those approved under PUD-128-12.  The subarea PUD-128-12(A) zoning would allow for the development of a restaurant on the site.  The applicant is concurrently requesting to construct a restaurant considered under Site Plan No. SP-099-2021, which has been approved by the Planning Commission, but is contingent upon the City Council's approval of the new “Subarea A” PUD zoning for the property.

The proposed project design includes:

• The proposed 3,267 square foot drive-thru Raising Cane’s restaurant will be located toward the center of the site, with parking, drive-thru lanes, and landscaping surrounding the building on all sides.

• The drive-thru will feature two (2) queuing lanes to accommodate up to eighteen (18) cars, minimizing the number of cars that spill onto the adjacent drive aisles.
  
  
• Forty-three (43) parking spaces are required for the restaurant.  The restaurant site provides thirty (30) parking spaces.  The remaining parking spaces will be provided on the shopping center property to the north.  In total, the shopping center and the subject property are required to provide 731 parking spaces.  The two properties provide 742 parking spaces.  This is a surplus of eleven (11) parking spaces.
  
  
• Approximately 7,359 square feet (18% of the overall site) of landscaping will be provided onsite.  Adjacent to Harbor Boulevard, the project is required to provide landscaping to match the existing Grove District landscaping treatment.
  
  
• The proposed building will be compatible with the contemporary architecture of nearby buildings along Harbor Boulevard.  The design of the restaurant is characterized by a boxy footprint, flat roof, and large windows facing Harbor Boulevard.  An earthy color scheme is accented by red brick and black trim.  Bright red signage will also accent the neutral color scheme.
  
  

On May 6, 2021, the Planning Commission held a public hearing to consider Planned Unit Development No. PUD-128-12(A), and Site Plan No. SP-099-2021.  At the meeting, no members of the public spoke about the project.  The Planning Commission voted 6-0, with one commissioner absent, and adopted Resolution No. 6022-21 recommending approval of PUD-128-12(A) to the City Council.  The Planning Commission also adopted Resolution No. 6023-21 approving Site Plan No. SP-099-2021, contingent upon City Council’s approval of PUD-128-12(A).

Planned Unit Development No. PUD-128-12(A):

A Planned Unit Development (PUD) is a precise plan that provides the means for the regulation of buildings, structures, and uses of land to facilitate the implementation of the General Plan.  The PUD zoning designation establishes development standards and uses specific to a particular project that achieve a higher quality of project than what could be achieved with traditional zoning.

The subject property at 12202 Harbor Boulevard is currently zoned PUD-128-12, which was adopted to facilitate the development of the “Site C Project.”  Due to the subject property not being integrated into the “Site C Project,” the current PUD zoning for the property needs to be modified to facilitate the independent development of the property.

The proposed PUD amendment would place the subject property into its own PUD subarea, PUD-128-12(A), or “Subarea A.”  The subarea would allow for the development of the proposed restaurant.  It will provide development standards that govern the design and function of any development on the site.  If the PUD subarea is approved, the site would have a zoning designation of Planned Unit Development No. PUD-128-12(A).  Seeing how the property would otherwise be vacant under the current PUD, the requested “Subarea A” will result in a greater project than what would otherwise be permissible on the property.  

Also necessary is the approval of a Site Plan to allow the construction of the proposed drive-thru restaurant building.  The Site Plan approved by the Planning Commission is contingent upon the City Council's approval of the new “Subarea A” for the property.  Planned Unit Development No. PUD-128-12(A) would permit the development of the property, and provide development standards, thereby facilitating the development of the restaurant under SP-099-2021.  The proposed development standards would not expand the types of uses, maximum allowed height, minimum setbacks, or minimum parking ratios that currently apply to the property and, except for a slight increase in the overall building area allotted for restaurant uses, would be at least as restrictive as the development standards applicable to the “Site C Project” under PUD-128-12.

Consistent with the General Plan Land Use Policies for the resort area, the proposed PUD subarea enhances and complements other entertainment and resort uses in the vicinity.  The project improves an otherwise vacant property.  The project is designed to enhance the Harbor Boulevard streetscape, with windows, dining areas, pedestrian improvements, signage, and landscaping all oriented toward Harbor Boulevard.  The proposed restaurant is accessible to both vehicle and pedestrian traffic, accommodating locals and tourists alike.

Environmental Review:

The California Environmental Quality Act’s (CEQA) Class 3 exemption applies to new construction, or conversion of small structures, including stores, motels, offices, restaurants, or similar structures not involving significant amounts of hazardous substances, not exceeding 10,000 square feet in floor area within an urbanized location, and in a zone that allows for such a use (CEQA Guidelines §15303.).  Therefore, staff recommends that the City Council determine the project to be exempt from CEQA.  

There is no fiscal impact to the City regarding this proposed amendment.

It is recommended that the City Council:

• Conduct a Public Hearing;

• Introduce and conduct the first reading of an Ordinance approving Planned Unit Development No. PUD-128-12(A) to amend the City’s official Zoning Map to change the zoning of the project site to PUD-128-12(A) zoning.