| Item No. 1. | |
| MEETING DATE: February 28, 2022 |
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| TO: | PLANNING COMMISSION |
| FROM: | SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT By: Victor Rosales, Planning Intern |
| SUBJECT: | DULY NOTICED PUBLIC HEARING TO CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT 22-01 FOR THE EXPANSION OF A RESTAURANT (RUBY REDS BBQ) AND MODIFICATION 22-01 TO MODIFY CONDITIONAL USE PERMIT 20-14 FOR AN ABC TYPE 41 ON-SALE BEER AND WINE LICENSE AT 1841 WEST IMPERIAL HIGHWAY, SUITES A AND B
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (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.
RECOMMENDATION:
That the Planning Commission approve:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-01 TO ESTABLISH A RESTAURANT AT 1841 WEST IMPERIAL HIGHWAY, SUITES A AND B, AS PER THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS, AND SUBJECT TO CONDITIONS.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING MODIFICATION 22-01, A MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT 20-14 FOR AN ABC TYPE 41 ON-SALE BEER AND WINE LICENSE IN CONJUNCTION WITH A RESTAURANT AT 1841 WEST IMPERIAL HIGHWAY, SUITES A AND B, AS PER THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS, AND SUBJECT TO CONDITIONS.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-01 TO ESTABLISH A RESTAURANT AT 1841 WEST IMPERIAL HIGHWAY, SUITES A AND B, AS PER THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS, AND SUBJECT TO CONDITIONS.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING MODIFICATION 22-01, A MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT 20-14 FOR AN ABC TYPE 41 ON-SALE BEER AND WINE LICENSE IN CONJUNCTION WITH A RESTAURANT AT 1841 WEST IMPERIAL HIGHWAY, SUITES A AND B, AS PER THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS, AND SUBJECT TO CONDITIONS.
DISCUSSION:
The Applicant, La Habra Associates, LLC, is proposing to expand an existing restaurant (Ruby Red's BBQ), with a Type 41 (on-sale beer and wine) ABC (California State Department of Alcohol Beverage Control) license, located within Suite "B" at 1841 West Imperial Highway, into the adjacent Suite "A." The subject tenant spaces are located near the north-westerly 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, 3 drive-through restaurants, and 2 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, 2021, the Planning Commission approved CUP 20-13 for the operation of a barbeque style restaurant and CUP 20-14 for a Type 41 (On-Sale Beer and Wine) ABC license within Suite B. The 2,189 square foot restaurant opened in August 2021, and includes a 550 square foot outdoor seating/patio area, located along the westerly side of the suite. In November 2021, the applicant submitted an application to expand the existing restaurant, with on-sale beer and wine, into Suite A, which is 1,478 square feet in size and was formerly occupied by the Lindora Medical Clinic. The proposed expansion requires approval of a new Conditional Use Permit to allow the restaurant expansion and a Modification to the existing Conditional Use Permit for the Type 41 ABC license to operate in both Suites A and B. The combined size of both Suites A and B and the outdoor seating/patio area will be 4,217 square feet.
The expansion of floor area is being done for an improved lay-out to include enlargement of the kitchen with more equipment and a larger interior dining area with more tables and chairs. The restaurant will continue to operate as an authentic Texas smokehouse, serving certified black Angus beef and other craft meats. Other items include soft drinks, sides, baked goods, desserts, BBQ type sandwiches/ plates, all made from scratch daily. The facility will continue to operate from Monday through Sunday, 11:00 a.m.-9:00 p.m. and will employ approximately 5-10 employees.
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 and all alcohol related uses within the C-2sh Zone. In order to grant the Conditional Use Permit and Modification as per this request, all the following findings must be made:
The proposal is an expansion of the existing restaurant with a Type 41 ABC license into an adjacent suite. All restaurant activities will be conducted within the enclosed building and within the gated/enclosed outdoor seating area. The proposed hours of operation are also consistent with other restaurants located within the commercial center. Also, as part of the original approval, a condition was included that required that all improvement near the adjacent Metropolitan Water District (MWD) easement be designed to be removable. This easement is located northwest of the subject tenant spaces. This condition will remain in place.
The parking within the Marketplace Shopping Center is adequate to serve the proposed expansion. The Marketplace Shopping Center is subject to a shared parking arrangement that is divided into different parking zones. The parking for the subject restaurant is within Zone 1, which serves the westerly end of the center and includes the Smart and Final grocery store, restaurants, and small retail and service establishments. A parking study was prepared in 2014 when a previous restaurant (Pizza Rev) requested to occupy Suite B, which generated a parking demand of 19 spaces per the Institute of Traffic Engineers (ITE) Parking Generation Manual or 22 spaces per the LHMC. Based on all the uses, available spaces and actual demand analyzed through parking surveys, parking was determined to be adequate within Zone 1 with a surplus of 39 spaces during peak periods. Since that time, the uses within Zone 1 have changed due to the demolition of a 10,000 square foot sit down restaurant (Hometown Buffet), which was replaced with a smaller (7,500 square feet) multi-tenant food use building, at 1901 W. Imperial Highway. A new parking study was approved in 2019, in conjunction with the approval of the drive-through Starbucks that is located within this building. The study determined that parking would be adequate for the uses in Zone 1 with a surplus of 34 spaces during peak hours. On-site parking for the current proposal has been addressed via an addendum to the 2019 parking study. At the time the 2019 parking study was approved, Suite B was identified as being vacant (however assessed at a typical retail parking rate within the study) and Suite A contained the medical clinic. The use of Suite B as a restaurant created a change of parking demand from 8 spaces to 22 spaces. The change of use in Suite A from retail to a restaurant will create a change of parking demand from 8 spaces to 17 spaces. The overall change in parking demand comes out to 23 spaces, which can be absorbed by the existing surplus of 34 spaces during peak hours within Zone 1. Therefore, the expansion of the restaurant within the subject suite will not create a parking deficiency.
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 expansion of the existing restaurant with a Type 41 ABC license is compatible with the land use designation.
The existing restaurant has a Type 41 ABC license, which will be modified by ABC to include the expansion into Suite A. A type 41 ABC license is an ancillary use to the restaurant. The new CUP will include the same conditions of approval imposed on the original approval, which are consistent with other restaurants operating within the City. The purpose of the conditions is to ensure that the operational nature of the proposed restaurant and alcohol sales will not change. As an example, the sale of alcoholic beverages cannot exceed 50 percent of the total food sales. The restaurant operator is also required to implement responsible alcohol server requirements as required by ABC regulations.
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 the Department of Alcoholic Beverage Control (ABC). There are currently eight active on-sale licenses, six of which are located within the subject commercial shopping center (Red Robin, Rubios, Imperial Karaoke, Asahi Sushi, Regal Theater and Ruby Reds). The subject request is an expansion of an existing license and is thus subject to a new Finding of Public Convenience and Necessity (PCN).
Code Compliance
On-site parking has been addressed via an addendum to an approved parking study. The addendum is included as an attachment to the staff report.
Related Cases
On January 11, 2021, the Planning Commission approved CUP 20-13 for the operation of a barbeque style restaurant and CUP 20-14 for a Type 41 (On-Sale Beer and Wine) ABC license within Suite B. The 2,189 square foot restaurant opened in August 2021, and includes a 550 square foot outdoor seating/patio area, located along the westerly side of the suite. In November 2021, the applicant submitted an application to expand the existing restaurant, with on-sale beer and wine, into Suite A, which is 1,478 square feet in size and was formerly occupied by the Lindora Medical Clinic. The proposed expansion requires approval of a new Conditional Use Permit to allow the restaurant expansion and a Modification to the existing Conditional Use Permit for the Type 41 ABC license to operate in both Suites A and B. The combined size of both Suites A and B and the outdoor seating/patio area will be 4,217 square feet.
The expansion of floor area is being done for an improved lay-out to include enlargement of the kitchen with more equipment and a larger interior dining area with more tables and chairs. The restaurant will continue to operate as an authentic Texas smokehouse, serving certified black Angus beef and other craft meats. Other items include soft drinks, sides, baked goods, desserts, BBQ type sandwiches/ plates, all made from scratch daily. The facility will continue to operate from Monday through Sunday, 11:00 a.m.-9:00 p.m. and will employ approximately 5-10 employees.
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 and all alcohol related uses within the C-2sh Zone. In order to grant the Conditional Use Permit and Modification as per this request, all the following findings must be made:
- The granting of the Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
- The subject site is physically suitable for the type of land use being proposed.
- The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions.
- The granting of the Conditional Use Permit is consistent with the General Plan.
The proposal is an expansion of the existing restaurant with a Type 41 ABC license into an adjacent suite. All restaurant activities will be conducted within the enclosed building and within the gated/enclosed outdoor seating area. The proposed hours of operation are also consistent with other restaurants located within the commercial center. Also, as part of the original approval, a condition was included that required that all improvement near the adjacent Metropolitan Water District (MWD) easement be designed to be removable. This easement is located northwest of the subject tenant spaces. This condition will remain in place.
The parking within the Marketplace Shopping Center is adequate to serve the proposed expansion. The Marketplace Shopping Center is subject to a shared parking arrangement that is divided into different parking zones. The parking for the subject restaurant is within Zone 1, which serves the westerly end of the center and includes the Smart and Final grocery store, restaurants, and small retail and service establishments. A parking study was prepared in 2014 when a previous restaurant (Pizza Rev) requested to occupy Suite B, which generated a parking demand of 19 spaces per the Institute of Traffic Engineers (ITE) Parking Generation Manual or 22 spaces per the LHMC. Based on all the uses, available spaces and actual demand analyzed through parking surveys, parking was determined to be adequate within Zone 1 with a surplus of 39 spaces during peak periods. Since that time, the uses within Zone 1 have changed due to the demolition of a 10,000 square foot sit down restaurant (Hometown Buffet), which was replaced with a smaller (7,500 square feet) multi-tenant food use building, at 1901 W. Imperial Highway. A new parking study was approved in 2019, in conjunction with the approval of the drive-through Starbucks that is located within this building. The study determined that parking would be adequate for the uses in Zone 1 with a surplus of 34 spaces during peak hours. On-site parking for the current proposal has been addressed via an addendum to the 2019 parking study. At the time the 2019 parking study was approved, Suite B was identified as being vacant (however assessed at a typical retail parking rate within the study) and Suite A contained the medical clinic. The use of Suite B as a restaurant created a change of parking demand from 8 spaces to 22 spaces. The change of use in Suite A from retail to a restaurant will create a change of parking demand from 8 spaces to 17 spaces. The overall change in parking demand comes out to 23 spaces, which can be absorbed by the existing surplus of 34 spaces during peak hours within Zone 1. Therefore, the expansion of the restaurant within the subject suite will not create a parking deficiency.
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 expansion of the existing restaurant with a Type 41 ABC license is compatible with the land use designation.
The existing restaurant has a Type 41 ABC license, which will be modified by ABC to include the expansion into Suite A. A type 41 ABC license is an ancillary use to the restaurant. The new CUP will include the same conditions of approval imposed on the original approval, which are consistent with other restaurants operating within the City. The purpose of the conditions is to ensure that the operational nature of the proposed restaurant and alcohol sales will not change. As an example, the sale of alcoholic beverages cannot exceed 50 percent of the total food sales. The restaurant operator is also required to implement responsible alcohol server requirements as required by ABC regulations.
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 the Department of Alcoholic Beverage Control (ABC). There are currently eight active on-sale licenses, six of which are located within the subject commercial shopping center (Red Robin, Rubios, Imperial Karaoke, Asahi Sushi, Regal Theater and Ruby Reds). The subject request is an expansion of an existing license and is thus subject to a new Finding of Public Convenience and Necessity (PCN).
Code Compliance
On-site parking has been addressed via an addendum to an approved parking study. The addendum is included as an attachment to the staff report.
Related Cases
- On August 1, 2014, the Planning Commission approved Conditional Use Permit 14-11 for a restaurant and Conditional Use Permit 14-12 for a Type 41 On-Sale Beer and Wine License in conjunction with a restaurant at 1841 West Imperial Highway, Suite B (Pizza Rev).
- On September 10, 2018, the Planning Commission approved Time Extension 18-01 for CUP 14-11 for a restaurant and Time Extension 18-02 for CUP 14-12 for a Type 41 On-Sale Beer and Wine license at 1841 West Imperial Highway. The entitlements expired on September 10, 2019.
- On January 11, 2021, the Planning Commission approved CUP 20-13 to establish a restaurant at 1841 West Imperial Highway, Suite B.
- On January 11, 2021, the Planning Commission approved CUP 20-13 to establish an ABC Type 41 On-sale Beer And Wine License in conjunction with a restaurant at 1841 West Imperial Highway, Suite B.
FISCAL IMPACT/SOURCE OF FUNDING:
The request does not impact the City’s general fund. The applicant has previously paid for two Conditional Use Permits and a CEQA Exemption fee for a total of $12,107.00. The applicant has also paid for a new Conditional Use Permit, Modification and CEQA Exemption fee for a total of $10,146.00. To date, the applicant has paid a combined total of $22,253.00 dollars.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):
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.
GENERAL PLAN RELEVANCE:
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.
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.
Attachments
- Vicinity Map
- CUP Resolution
- MOD Resolution
- Project Plans
- Parking Study
- Applicatons
- Resolution 21-02
- Public Notice
- Presentation