CEQA:
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 California Environmental Quality Act Guidelines.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 20-20 FOR AN ABC TYPE 41-ON-SALE BEER AND WINE LICENSE IN CONJUNCTION WITH A RESTAURANT AT 1301 WEST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS, AND SUBJECT TO CONDITIONS.

The Applicant, La Habra Associates, LLC, is proposing to obtain an on-sale beer and wine license in conjunction with the IHOP restaurant located within the La Habra Marketplace commercial shopping center. The subject commercial shopping center is located on the north side of Imperial Highway between Beach Boulevard and Idaho Street. The General Plan land use designation is Community Shopping Center 2. The property is zoned C-2sh (Community Shopping Center High Density) which is consistent with the General Plan.

The IHOP restaurant is located along the easterly end of the center near Idaho Street. The existing improvements include a 4,022 square foot restaurant with an attached 686 square foot covered outdoor dining patio located along the easterly side of the restaurant. There is also a temporary outdoor dining area improved with a temporary tent and temporary barriers approximately 600 square feet in area located along the westerly side of the building within a portion of the parking lot. The restaurant operator was issued a Temporary Outdoor Dining Permit on July 21, 2020.  The main entrance to the restaurant is located along the southerly side of the building facing Imperial Highway.  The hours of operation for the restaurant are from 7:00 a.m. to 10:00 p.m. seven days a week and has approximately 10 employees onsite. IHOP has been in operation since June 2002.
 

The Applicant is requesting a Type 41 On-Sale Beer and Wine ABC License which would authorize the sale and on-site consumption of alcoholic beverages consisting of beer and wine in conjunction with meals. Alcohol will be served within the restaurant and within the permanent and temporary outdoor dining areas/patios. The Department of Alcoholic Beverage Control (ABC) in response to COVID-19 issued Notices of Regulatory Relief, that authorized an Expansion of Licensed Footprint measure that allows restaurants with ABC licenses, the ability to serve alcoholic beverages in conjunction with meals to take place within approved outdoor dining areas. ABC's regulatory relief program will cease by the end of the year, at which time alcohol consumption will only take place within the restaurant and within the attached, covered outdoor dining patio. According to the business operator, the temporary outdoor dining area will be removed once the temporary COVID protocols are terminated.

The proposed project is before the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.060.040.A., which requires approval of a Conditional Use Permit (CUP) for all alcohol related uses within the C-2sh Zone. In order to grant the Conditional Use Permit for this request, all of the following findings must be made:

The requested CUP will not be detrimental to the public welfare as the requested entitlement will require approval and authorization by the Department of Alcoholic Beverage Control (ABC). The Applicant will be required to comply with all applicable City and ABC regulations.  The project will include the same conditions of approval imposed on other restaurants that provide alcoholic beverages in conjunction with meals within the City to ensure that the operational nature of the restaurant and alcohol sales do not change. As an example, the restaurant will be required to implement responsible alcohol server requirements as regulated by ABC. Also, the restaurant will be restricted to the sale of alcoholic beverages to not exceed 50 percent of the total food sales.

Restaurant activities will continue to take place within the enclosed building and within the attached, covered outdoor dining area and temporary outdoor dining area. The requested alcohol sales are an ancillary use to the restaurant operation. The hours of operation are consistent with other restaurants located within the commercial center.  The requested alcohol sales do not impact the parking required for the restaurant.

The subject commercial shopping center is located within Census Tract 13.01 which allows for a total of seven on-sale licenses before a level of "Undue Concentration" is reached as determined by ABC. There are currently nine on-sale licenses, seven of which are located within the subject commercial shopping center (Red Robin, Rubio's, Imperial Karaoke, Asahi Sushi, Regal Theater, Ruby Reds BBQ, Board and Brew). The requested CUP will be the 10th overall on-sale license within the Census Tract providing for a level of Undue Concentration. Pursuant to Section 23958.4(b)(1) of the California Business and Professions Code, the Applicant will be required to provide ABC with data to support a Finding of Public Convenience and Necessity (PCN) before the Type 41 License can be issued.

The General Plan land use designation for the center is Community Shopping Center 2. The land use 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 commercial centers that have a principal outlet or anchor that also 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 with alcohol sales and service is compatible with the land use designation.

No City resources/funding is required for this proposal.

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 General Plan land use designation for the center is Community Shopping Center 2. The land use 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 commercial centers that have a principal outlet or anchor that also 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 with alcohol sales and service is compatible with the land use designation.