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 in that there would be a negligible impact to the existing use with this project.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-20 TO ALLOW THE SALE OF BEER AND WINE UNDER A TYPE 41 ON-SALE BEER AND WINE LICENSE ISSUED BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR AN EXISTING RESTAURANT AT 2050 WEST WHITTIER BOULEVARD, SUITE B, AS PER THE APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS.

The Applicant, Harry C. Daglas, is requesting a conditional use permit (CUP) for the sale of alcoholic beverages, under a Type 41 (On-Sale Beer and Wine) license, at an existing restaurant (The Green Chile), located within Suite B (subject tenant space) at 2050 West Whittier Boulevard (subject property). The subject property is located at the southeast corner of West Whittier Boulevard and North Chantry Drive as shown in Exhibit 1. The subject property is a 0.63 acre site, developed with a 7,860 square-foot retail commercial center (D & D Center) that contains seven tenants, in separate tenant spaces, within a one-story building. The subject tenant space is located in the second tenant space from the west end of the building. Neighboring tenants of The Green Chile are One Stop Cellular to the west and a dental office to the east. Additional tenants to the east are Kut N Beauty, Crest Key, Passion Nails & Spa, and Vintage Vogue. There are two rows of parking spaces in front/north of the building and one row of parking spaces behind/south of the building. To the north of the subject property, across Whittier Boulevard, is another retail commercial center; to the east is a Walgreens Pharmacy; to the south are multifamily residential units; and, to the west, across Chantry Drive, is another retail commercial center (to the north of Kenrich Street) and multifamily residential units (to the south of Kenrich Street). The General Plan designates the subject property for Highway Commercial land use, and it is within the Commercial (C-2) Zone, which implements the General Plan Highway Commercial land use designation.

EXHIBIT 1



The Green Chile restaurant has operated in the 987 square-foot tenant space since 2015. The Green Chile restaurant is known for their "New Mexico style food" which include specialties such as the Navajo taco and stuffed sopapillas. They also offer a full breakfast menu and serve traditional favorites such as enchiladas, burritos, and quesadillas (See Attachments 4 & 5). The applicant is proposing the addition of beer and wine to their menu to enhance the restaurant's food menu and the overall dining experience for their patrons. No interior and/or exterior modifications are being proposed that would result in additional square footage to the existing restaurant.

The restaurant has six employees. Hours of operation are currently:

Monday - Thursday: 11:00 a.m. to 7:00 p.m.

Friday: 11:00 a.m. to 8:00 p.m.

Saturday: 10:00 a.m. to 8:00 p.m.

Sunday: 10:00 a.m. to 7:00 p.m.

No changes are being proposed to the current hours of operation under CUP 22-20.

A floor plan of the restaurant is shown below in Exhibit 2. The dining area provides seating for up to 30 customers. Beer and wine will be stored in the existing refrigerator shown on the floor plan.

EXHIBIT 2


The sale of beer and wine at the restaurant requires approval of both a CUP from the City and a Type 41 license, referred to as an "on-sale" license, from the Department of Alcoholic Beverage Control (ABC). The ABC has established standards for over-concentration of on-sale licenses per census tract. If the ratio of licenses to census tract population exceeds a certain threshold, the tract is considered to be at a level of "Undue Concentration." ABC's standards for determining undue concentration within a census tract do not take into consideration existing development patterns. Presently, ABC would allow for up to three on-sale licenses in the subject census tract (Census Tract 11.02) before rising to a level of undue concentration. There are currently 13 active on-sale licenses with the Census Tract. Before ABC can issue any additional alcoholic beverage license(s) within an area of undue concentration, ABC will require the justification of a Finding of Public Convenience and Necessity (PCN). In order to support the required PCN, staff added certain conditions of approval to the subject CUP to ensure compatibility and compliance with City codes and ordinances. This includes, but is not limited to, requiring the applicant to: 1) demonstrate their primary business is a public bona fide eating establishment on an on-going basis; 2) comply with all ABC licensing requirements; and, 3) make certain that all employees selling alcohol complete a certified training program by ABC. 

The proposed on-site sale and consumption of beer and wine is not anticipated to significantly change the character of the existing restaurant or its relation to the surrounding businesses. Rather, allowing The Green Chile to offer the onsite sale of beer and wine will simply add to the variety of restaurants in the area, which also justifies the PCN. With the incorporation and implementation of the conditions of approval included within the draft resolution (Attachment 2), staff believes that the proposed use will be harmonious with the surrounding land uses.

ANALYSIS
Pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, approval of a Conditional Use Permit (CUP) is required for the sale of alcoholic beverage sales and services. In order to grant the CUP for this request, the Planning Commission must make the findings below. Following each finding, staff has provided justification to make said finding.

1. 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 attached resolution to approve the CUP includes conditions of approval to ensure that the proposed on-site sale and consumption of beer and wine under a Type 41 license will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties. Through compliance with these conditions of approval, the addition of the sale of beer and wine at the subject existing restaurant will not impair the character of the C-2 zone. It is expected that the sale of beer and wine will be ancillary to the restaurant use. Furthermore, the La Habra Police Department has confirmed that they have not received any calls for service or complaints regarding the existing restaurant during the last year.

2. The subject site is physically suitable for the type of land use being proposed.

The 987 square-foot tenant space, where the Green Chile restaurant is located, is part of an established retail commercial center. The day-to-day operation and use of the existing restaurant, without issue, demonstrates that the tenant space, within the existing retail commercial center, and its associated parking, is adequate in size, shape, and topography to accommodate the existing restaurant. While the approval of CUP 22-20 will allow beer and wine to be added to their menu, it will not result in substantial changes of the existing restaurant operation. No interior and/or exterior modifications are proposed that would result in new square footage, nor will there be any site alterations. Therefore, the subject site is physically suitable to continue handling the existing restaurant along with the addition of beer and wine to their menu.

3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions.

The Green Chile restaurant is in the C-2 Zone, which conditionally allows this type of on-site alcohol sales under a Type 41 license. The Green Chile will be able to offer beer and wine to complement their customers' food orders and further enhance their dining experience. With the incorporation and implementation of the conditions of approval, the use will be harmonious with the surrounding land uses.

4. The granting of the Conditional Use Permit is consistent with the General Plan.

Granting CUP 22-20 to allow the on-site sale of beer and wine under a Type 41 license will be consistent with La Habra's General Plan Policy LU 11.1 which promotes "diversity of uses that reduce the need to travel to adjoining communities, and capture a greater share of local spending." The Green Chile restaurant is situated within the D & D Center, where there are presently no other food services located within the same retail commercial center. By adding beer and wine to its existing menu, The Green Chile further adds to the variety of restaurants in the La Habra area. Granting CUP 22-20 is also consistent with General Plan Policy LU 3.2 which promotes "uses that meet daily needs... within walking distance of residences." The Green Chile restaurant is conveniently located adjacent to existing multi-family residential units to the south and west of the commercial retail center, and close to single-family dwelling units, further south on North Chantry Drive, and in the surrounding neighborhood. The addition of beer and wine to the existing menu expands the restaurant's offerings to these residences within walking distance as well as the greater La Habra area.

Related Cases

The Applicant has paid for the processing costs associated with the Conditional Use Permit, which total $6,252.00.

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

The proposed project is related to the following General Plan policies:

The proposed project is related to the following City Council Goal and Objective: