ITEM 9.1- PUBLIC HEARING – APPEAL OF A
PLANNING COMMISSION APPROVAL OF A
CONDITIONAL USE PERMIT FOR A
PROPOSED DRIVE-THROUGH COFFEE SHOP
(DUTCH BROS COFFEE) TO
BE LOCATED AT 1838 SWEETWATER ROAD
Overhead
Site Characteristics
• 1838 Sweetwater Road
• MXD-2 (Major Mixed-Use District)
• 0.45-acre parcel
• Sweetwater Crossings Shopping Center
• Replacing the vacant Pizza Hut building
• Texas Roadhouse and Denny's to the east
• LA Fitness to the south
• Sweetwater Crossing Shopping Center (CVS, Mors) to the west Site Photos
Site Photos
Site Photos
Proposal
• 950 ft² drive-through coffee shop (Dutch Bros Coffee) • Dual drive-through lanes with queuing for 26 vehicles • Person-to-person ordering
• Exit lane
• Walk-up window
• 3 parking spaces
• Access from Sweetwater Rd
• 5 a.m. to 12 a.m. daily
• 8-10 people employees
Site Plan
N
Site Plan
N
Site Plan
Analysis
• Proposal Consistent with General Plan
• Policies related to fast food
• HEJ-4.2: Encourage the development of healthy food establishments in areas with a high concentration of fast food establishments, convenience stores, and liquor stores. • Coffee shop allowed by right without drive-through lane • HEJ-5.4: Discourage unhealthy fast food outlets from locating near schools. • Located over a half-mile from closest school (Sweetwater High School) • Proposal Consistent with Land Use Code
• A coffee shop with a drive-through is a conditionally-allowed use in MXD-2 zone • Chapter 18.41 – Site Planning Standards – has specific requirements for drive-through businesses • Minimum queuing distances, interior turning radius, location of drive-through window and landscaping requirements
Analysis (cont.)
• Land Use Code (cont.)
• Minimum queuing distance
• Traffic analysis used other Dutch Bros Coffee locations – Average maximum queuing not expect to exceed 17.25 vehicles • Proposed drive-through has space for 26 vehicles before on site • Person-to-person ordering and exit lane proposed
• Minimum interior turning radius of 25 ft
• Site plan shows lesser interior turn radii of 20 ft – approved by City Engineer • Drive-through window location
• If facing right-of-way, code requires a minimum 10-ft landscape buffer with trees and minimum three- foot high hedges • Drive-though window is facing the shopping center
and landscape buffer is provided
Analysis (cont.)
• Land Use Code (cont.)
• Design requirements
• Limited requirements for project of this type in the MXD-2 zone • Architectural variation, setbacks, height, etc.
• Request is for the drive-through lane and the architecture of the proposed building is conceptual in nature
• Conditions related to design, site development, and landscaping • Project would be allowed by right without the drive-through Analysis (cont.)
• Traffic
• Project expected to generate approximately 756 weekday & 544 weekend net new daily trips
• Half the trips are pass-by
• A pass‐by trip is a trip where an intermediate stop is made on the way from the origin to the primary destination of the trip without making a route diversion • Project-related traffic would not result in the need for any street system improvements • Accessed off of signalized Sweetwater Road and Prospect Steet intersection • Study included Vehicle Miles Traveled (VMT) analysis – screened out of CEQA • Noise
• Typical concern for drive-through businesses
• Ordering Speakers: Dutch Bros uses person to person ordering • Operating Hours: 5 a.m. to 12 a.m., similar to nearby drive-throughs California Environmental Quality Act
(CEQA)
• Determine To Be Categorically Exempt From Environmental Review Pursuant To Class 32, Section 15332 (In-fill Development Projects) • Notice of exemption will be filed subsequent to an approval Conditions / Summary
• Conditions of Approval
• Building and Fire Code compliance
• Engineering comments
• Design requirements and compliance with LUC
• Landscape Plan
• Proposed use consistent with General Plan
• Project is consistent with General Plan and Land Use Code • Consistent applicable design requirements
• Meets applicable Site Planning Standards
Appeal
• October 20th, 2025 - Planning Commission held a public hearing and approved the request for a Drive-Through Coffee Shop CUP based on the findings in the attached Planning Commission Resolution No. 2025-16
• November 3rd, 2025 - The appellant (Heart Revolution Church) requested to appeal the Planning Commission decision to approve the CUP and is thereby afforded the opportunity to present their appeal to the City Council Appeal
• Mailing Requirements – Appellant states neither of the owners or occupants at 1920 Sweetwater Road and 1914 Sweetwater Road (properties within 300 feet of the project site) received a public notice.
• Mailing labels were provided for the above APN’s and no return mail was received including the subject properties.
• Traffic – Appellant indicates the traffic analysis did not adequately consider potential traffic impeding the public right of way at the intersection of Sweetwater Road and Prospect Street, maximum queuing capacity, and traffic within the shopping center. • A traffic analysis was provided for the subject property and intended use. The Engineering & Public Works Department reviewed and concurred with the traffic analysis. The traffic analysis is attached as Exhibit F • General Plan Consistency – Appellant indicates the drive-through coffee shop is inconsistent with General Plan Policies HEJ4.2 and HEJ 5.4 as Dutch Bros does not constitute a healthy food option and is located within 300 feet of a childcare and preschool facility (The Way- Heart Revolution Church)
• A coffee shop, without a drive-though, is a permitted use by right within the MXD-2 zone. Additionally, distance requirements to “schools” typically references public schools (kindergarten through twelfth grade).
Options
• Deny the appeal, affirming the Planning Commission decision, thereby approving 2025-29 CUP, subject to the conditions listed within the resolution to approve or modified conditions, and based on the findings listed in the resolution to approve, or findings to be determined by the City Council; or
• Approve the appeal and overturn the Planning Commission decision, thereby denying 2025- 29 CUP, based on the findings as listed in the resolution to deny, or findings to be determined by the City Council; or
• Continue the item to a specific date in order to obtain additional information. • Planning Commission recommended approval of the drive-through coffee shop • Staff recommended approval of the CUP to the Planning Commission