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(a), Class 1: “Existing Facilities” of the California Environmental Quality Act Guidelines.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING MODIFICATION 21-04 TO CONDITIONAL USE PERMIT 20-01 FOR THE SALE OF ALCOHOLIC BEVERAGES (ABC TYPE 21 LICENSE, OFF-SALE GENERAL) IN CONJUNCTION WITH A GROCERY STORE AT 1610 WEST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING MODIFICATION 21-05 TO CONDITIONAL USE PERMIT 20-06 FOR INSTRUCTIONAL TASTING (ABC TYPE 86 LICENSE) IN CONJUNCTION WITH A GROCERY STORE AT 1610 WEST IMPERIAL HIGHWAY, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

The property is located on the south side of Imperial Highway and east of La Habra Hills Drive (see Vicinity Map, attachment 1).  The General Plan land use designation is Community Shopping Center 2.  The property is zoned Community Shopping Center High Density (C-2sH) and Planned Unit Development (PUD) overlay which is consistent with the General Plan.

The subject property is currently undergoing a remodel of the 88,828 square foot commercial building and the parking lot.  A new storefront was recently completed and the interior of the store was subdivided to create two separate tenant spaces: the eastern half of the building for a down-sized Kohl's, totaling 47,797 square feet, and the western half for a new grocery store, totaling 41,031 square feet.  The Planning Commission approved Conditional Use Permits (CUPs) for the operation of a restaurant (food service area), sales of alcohol for off-site consumption, and operation of an instructional tasting license within a newly-created grocery store tenant space in June 2020 (see Related Cases, below).

At this time, the Applicant, ICI Development Company, is requesting to modify CUP 20-01 for the alcoholic beverage sales and CUP 20-06 for instructional tasting within the grocery store due to a modification of the floor plan.  Since the approval of the project plans in 2020, the interior layout of the store, including the alcoholic beverage display area, has been modified.   This came about due to operational experience of other stores in the grocery store chain and the desire of the operator to address their concerns prior to opening to the public.

The alcoholic beverage display area, which is located in the southwest corner of the market, has been changed by the grocery store operator.  The original layout, consisting of both chilled and ambient temperature shelving and displays, totaled 580 square feet in size, or less than 2% of the total floor area.  The configuration of this space consisted of a linear aisle with two entryways into the space.   The proposed alteration of the alcoholic beverage space changes the configuration into a rectangular space, totaling approximately 2,200 square feet of space, or approximately 6% of the floor area.  This space will only have one entry-way (i.e. in and out), which provides for better security.

Lastly, the area proposed for the instructional tasting area will be moved. Per the approved plans in 2020, the tasting area was placed in the aisle in the center portion of the southern-most area of the store.  At this time, the tasting area is being placed in the aisle in center portion of the western-most area of the store near the prepared food area.   As before, the aspects of the instructional tasting area are controlled by State regulations, to include the method to partition off the space and the amount of alcoholic beverage samples provided (see Advisory - Type 86).

The proposed changes to the alcoholic beverage display area and instructional tasting area are considered minor in nature and are a normal part of retailers modifying their space due to changing requirements.   Staff has reviewed the proposal and has no concerns for the request.  The resolutions for both entitlements have been updated to reflect the changes.   Staff recommends approval of both actions.
 

· On October 30, 2000, the Planning Commission recommended that the City Council certify the Westridge Plaza EIR (SCH No. 2000031003) and approve Planned Unit Development Precise Plan 99-05 and Conditional Use Permits 99-38 through 99-41 for sign height.
 

· On November 20, 2000, the City Council certified the Westridge Plaza EIR (SCH No. 2000031003) and approved Planned Unit Development Precise Plan 99-05 and Conditional Use Permit 99-38 through 99-41 for sign height.
 

 · On June 8, 2020, the Planning Commission approved Design Review 19-03 for exterior façade and site upgrades to an existing retail shopping center, Conditional Use Permit 20-07 for a restaurant, Conditional Use Permit 20-01 for a General Off-Sale License (ABC Type 21), and Conditional Use Permit 20-06 for an Instructional Tasting License (ABC Type 86).

Findings of Fact are required to be made before a Conditional Use Permit can be granted. The findings are provided in the attached resolutions along with conditions that staff has identified as being necessary to ensure that the proposed project will have no negative effects on the public welfare and compliance with all appropriate City codes and ordinances.  All conditions on the previous resolutions have been carried forward and modified where necessary (see attached Resolutions).

There is no impact to the City's General Fund.

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.  The proposed use is not subject to the Water Quality Ordinance.

The property is designated Community Shopping Center which is characterized by a variety of commercial uses serving the larger City-wide 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.

The projects implement Policies LU 2.2 Places to Shop, LU 3.2 Uses to Meet Daily Needs, LU 11.1 Diversity of Uses, LU 11.3 Economic Vitality, ED 1.1 Consumer Demand, and ED 2.1 Business Attraction of the General Plan 2035.