This project was 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.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-12 FOR THE OPERATION OF A RESTAURANT AT 1331 WEST IMPERIAL HIGHWAY, SUITES B AND C, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS.

The Applicant, La Habra Associates, LLC, is proposing to establish a restaurant (Dave's Hot Chicken), at 1331 West Imperial Highway within Suites B and C. The subject location is near the southeastern area of an integrated shopping center (La Habra Marketplace), located on the north side of Imperial Highway between Beach Boulevard and Idaho Street. The La Habra Marketplace is approximately 35 acres in area and contains 14 pad buildings, three drive-through restaurants, and two multi-tenant buildings that contain a variety of retail uses, restaurants, a movie theater, and professional/service-oriented businesses. 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 Community Shopping Center 2 General Plan land use designation.

On January 11, 2010, the Planning Commission approved CUP 09-19 for the operation of a restaurant (Panera Bread) at the subject location. The 3,489 square foot restaurant included a 891 square foot outdoor seating/patio area, located along the Northern side of the suite. The restaurant included an indoor dining area limited to 43 seats and a shared outdoor common patio area containing 38 seats, for a combined total of 81 seats. Panera Bread's business license expired on December 31, 2020; and, since that time no other tenants have occupied the subject location. Typically, another restaurant use may utilize the previously approved Conditional Use Permit, as the permit remains active for one year after the original business license expires. However, the previously approved Conditional Use Permit 09-19 expired on December 31, 2021, as a result of the business license expiring. 

The proposed restaurant (Dave's Hot Chicken) will operate within the same footprint as the previously-approved restaurant and will only require minor tenant improvements. The proposed restaurant will include an indoor dining area containing 42 seats and an outdoor patio area containing 34 seats, for a combined total of 76 seats. The proposed restaurant will have less seating than the previously approved restaurant (Panera Bread). The proposed restaurant will provide a fast and casual dining experience, with a menu that includes chicken sliders and tenders, fries and other sides, and soft drinks and milkshakes. An alcohol license is not included in this application, nor is one being requested for this project. The proposed restaurant will operate from Monday through Sunday, 11:00 a.m.-11:00 p.m., extending their closing time one hour to 12:00 a.m. (midnight) on Friday and Saturday. The restaurant will employ approximately 80 employees, with 12 employees on site, per shift. 



ANALYSIS
The proposed project is before the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, which requires approval of a Conditional Use Permit (CUP) for the establishment of a restaurant within the C-2sh Zone. In order to grant the Conditional Use Permit as per this request, all the following findings must be made:

The requested CUP will not be detrimental to the public welfare as the requested entitlement will require approval by the City as well as the Orange County Health Care Agency. Both agencies have the same common goals, to uphold public safety and the well-being of customers and business operators. The Applicant will be required to comply with all applicable regulations and obtain all required permits before operating. All restaurant activities will be conducted within the enclosed building and within the outdoor seating area. The proposed hours of operation are also consistent with other restaurants located within the commercial center.

The parking within the La Habra Marketplace Shopping Center is adequate to serve the proposed project. Operation of a previous restaurant expressed no complaints of use. On October 2004, LIN Consulting, Inc, conducted a shared parking study for the shopping center. On October 11, 2004, the Planning Commission approved Zone Variance 04-07, allowing for a reduction of parking spaces at the Marketplace Shopping Center based on the "Shared Parking Concept". In November 2009, a new shared parking study was conducted by the same firm. LIN Consulting, Inc, found that the center has a total of 1,980 parking spaces that have been divided into five zones for analysis purposes. The parking analysis prepared for the recently approved Ruby Red's expansion within the same shopping center, approved by the Planning Commission on April 11, is not located in zone 3, nor does it have any physical impact on this project.

The subject tenant suites and parking for the subject restaurant are located in Zone 3, which serve the easterly end of the center and includes the Regal Cinemas Movie Theater, restaurants, and a small retail establishment. The 2009 parking study determined that sufficient parking exists within the center to service the needs of all the existing businesses, including the previous restaurant, Panera Bread. Zone 3 contains 452 parking spaces and at high peak demand, 433 parking spaces were utilized, leaving an excess of 19 spaces. Therefore, the 2009 shared parking study accurately addresses the parking requirement for a restaurant within Zone 3 and the proposed restaurant (Dave's Hot Chicken) within the subject suites, will not create a parking deficiency. The study is included as an attachment to the staff report.

The General Plan land use designation for the La Habra Marketplace is Community Shopping Center 2. This land use designation is characterized by a variety of commercial uses serving the larger citywide area as well as the immediate surrounding communities. This land use category includes centers that 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 uses. The continued operation of a restaurant, as indicated in the shared parking study is compatible with the land use designation.

Code Compliance
The proposed restaurant will be located in an existing building that was constructed in compliance with the requirements of the La Habra Municipal Code. The proposed restaurant will not create an increase in intensity from what was previously-approved at this location and will not require any additional parking.

Related Cases

The applicant is responsible for paying the processing costs associated with the Conditional Use Permit and CEQA Exemption fee. To date, the applicant has paid a combined total of $6,252.00 to process this request.

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, this project is exempted by the Water Quality Ordinance from the preparation of a WQMP.

The property is designated Community Shopping Center 2 which is characterized 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 uses. The operation of a restaurant with onsite alcohol sales is compatible with the land use designation.

The project implements Policies LU 2.2 Places to Shop, LU 3.2 Uses to Meet Daily Needs, LU 11.2 Diversity of Uses of the General Plan 2035.