This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303(c), Class 3: "New Construction or Conversion of Small Structures" of the CEQA Guidelines. The project involves facade improvements along with a 320 square-foot addition to an existing commercial building located in an urbanized area for the operation of a restaurant with the sale of beer and wine. The commercial building does not exceed 10,000 square feet in floor area and the site is zoned for commercial uses. The operation of a restaurant does not involve the use of hazardous substances; all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

RECOMMENDATION:
That the Planning Commission approve:
 

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING DESIGN REVIEW 22-07, CONDITIONAL USE PERMIT 22-23 AND CONDITIONAL USE PERMIT 22-24 FOR A COMPREHENSIVE FACADE REMODEL, A BUILDING ADDITION AND VARIOUS SITE IMPROVEMENTS FOR THE OPERATION OF A NEW RESTAURANT (BABY BROS PIZZA & WINGS) THAT INCLUDES THE SALE OF BEER AND WINE UNDER A TYPE 41 LICENSE ISSUED BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AT 150 WEST WHITTIER BOULEVARD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, CLASS 3: "NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES" OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES.

The Applicant, Peter Christopoulos & Avgoustinos and Nikki Meletis, is proposing to operate a restaurant on a 12,197 square-foot property, located at 150 West Whittier Boulevard, currently improved with a 1,500 square-foot, vacant commercial building (formerly Golden Star Restaurant). The subject property is designated by the General Plan for Corridor Mixed-Use 1 land use and is located within the Commercial (C-2) Zone with an MX Overlay, which implements the General Plan Corridor Mixed-Use 1 land use designation.

The Applicant is proposing various facade and site improvements, and a 320 square-foot addition, further described below, in order to accommodate a proposed Baby Bros Pizza & Wings restaurant. The subject restaurant specializes in the preparation of a variety of specialty pizzas, sandwiches, chicken wings, pastas, potatoes and salads, and would serve beer and wine for onsite consumption, under a Type 41 (On-Sale Beer and Wine) license issued by the Department of Alcoholic Beverage Control (ABC). The restaurant will operate seven days a week from 11:00 a.m. to 10:00 p.m.

As shown in Exhibit 1, the project site is located along the south side of Whittier Boulevard (Primary Arterial Highway). Immediately adjacent to the eastern property line is a vacant lot; east of the vacant lot is the Lightning Express Car Wash. The properties to the south across the public alley are improved with multi-family apartments and commercial buildings. The property to the west of Elm Street is the Whitten Heights Assisted Living facility. Properties to the north, across Whittier Boulevard, include a two-story office building and the Perla Azul Steak and Seafood Mexican Restaurant.

EXHIBIT 1 - AERIAL PHOTOGRAPH

EXHIBIT 2 - SITE PLAN




As shown in Exhibit 2, the proposed site plan includes a new 320 square-foot addition to the existing building, which will result in a total building area of 1,820 square feet. Additionally, the site plan shows the following existing and proposed improvements:

1. Vehicle Ingress/Egress - Vehicles will be able to enter the site from Whittier Boulevard and Elm Street; however, vehicles will only be able to exit the site from Elm Street. 

2. Parking - There are 13 parking spaces currently on the subject property. The proposed site improvements described below would increase the number of legal parking spaces to 16 parking spaces, including one accessible parking space. 

3. Setbacks -

4. Landscaping - The proposed onsite improvements include the addition of approximately 459 square feet of onsite landscaping outside the required setback areas.

5. Outdoor Dining Area - A combination of hardscape and landscape improvements are proposed along the front setback of the building designed to create two outdoor dining areas approximately 275 square feet each on both sides of the main entrance to the restaurant facing Whittier Boulevard. The outdoor dining areas will be improved with pavers and secured with a three-foot-high metal fence.

6. Trash Enclosure - A new trash enclosure will be provided at the rear of the lot. It will be accessible from the alley only given the site's grade difference, but has been conceptually supported by the City's Public Works Department as they have determined it will be sufficiently sized and will be accessible to a waste hauler for routine pick-ups.

7. Sign - The existing freestanding sign for the previous restaurant will be removed, as it does not meet current La Habra Municipal Code (LHMC) requirements. A wall sign is proposed facing Whittier Boulevard as shown on the elevations below.

EXHIBIT 3 - FLOOR PLAN

Exhibit 3 shows the proposed floor plan for the Baby Bros restaurant. The dining area will be improved with a preparation area, two restrooms, walk-in freezer, dishwashing area, storage and office area. The dining area will be improved with a total of 48 seats and a waiting area near the main entrance to the restaurant. The restaurant will include a secondary entrance located at the rear of the building. Alcoholic beverages will be stored inside the building within the storage area. The requested Type 41 (On-Sale Beer and Wine) license is an ancillary use allowing beer and wine to be consumed with meals within the restaurant and within the secured outdoor dining area.

Exhibit 4 shows the proposed building elevations. The facade improvements include a complete rehabilitation of the building's exterior to achieve a contemporary look that compliments the surrounding area. The building elevations will include the application of a variety of exterior materials such as brick veneer, textured wall panels and stucco. Parapet walls have been added to fully screen all rooftop equipment. The building will also include black cloth awnings over new windows and doors to enhance the exterior elevations.

 

* Pursuant to LHMC Section 18.08.070.B, any site subject to discretionary review by the Planning Commission or City Council shall be brought into compliance with all current code standards that apply to the extent physically possible as determined by the Planning Commission. The existing building is improved with a four-foot eight-inch street side setback and will be deficient by one percent for the onsite landscaping requirement and deficient by two parking spaces. The Applicant has made an attempt to comply to the extent physically possible, however, full conformance is not achievable as discussed in the findings below. 

Pursuant to LHMC Section 18.32.050.C.2, all new development and major remodeling within the C-2 Zone is subject to a Design Review by the Planning Commission in accordance with the requirements of Chapter 18.68 of the LHMC. Pursuant to LHMC Section 18.68.050, in order to grant approval of the Design Review, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the following findings:

The project site is designated by the General Plan for Corridor Mixed Use 1 land use, which is characterized as Multi-Family Residential and Neighborhood Commercial allowing a mix of multi-family housing with supporting retail and service uses. The project involves the operation of a restaurant, which is consistent with Neighborhood Commercial land use as it provides dining services to residents and visitors within the vicinity.

The proposed plan is also consistent with General Plan Policy LU 5.6, which encourages "the rehabilitation of existing commercial buildings and signage that are deteriorated or inconsistent with the intended character and quality of the City." The proposed facade improvements, building addition and onsite improvements are designed to improve the building's exterior appearance and enhance the property to be consistent with the character and quality of the City. The building has been designed to meet current development standards, including parking and landscaping requirements to the extent physically possible. Therefore, the proposed plan is consistent with the City's General Plan. 

The project site is zoned Commercial (C-2) and is improved as a corner lot. Pursuant to LHMC Section 18.08.070.B, any site subject to discretionary review shall be brought into compliance with all current Zoning Code standards to the extent physically possible as determined by the Planning Commission. The proposed plan includes extensive onsite improvements to the greatest extent possible on a property that presents several nonconforming site conditions. The existing building does not meet the required 10-foot street side setback along Elm Street and does not provide a minimum 10-foot landscaped, street side setback area. The existing lot is further constrained by the fact that a two-and-a-half-foot dedication along the southerly property line will be required to ensure a 20-foot-wide alley width will be provided. These nonconforming site conditions make it infeasible for the Applicant to comply with the current Zoning Code requirements. Given these circumstances, the Applicant is proposing new parking and on-site landscaping to the greatest extent possible in accordance with LHMC Section 18.08.070.B. 

The subject property presents legal nonconforming conditions because the existing building does not meet the required 10-foot street side setback along Elm Street and furthermore, does not provide a minimum 10-foot landscaped, street side setback area. The existing building is improved with a four-foot street side setback, making the demolition of a portion of the building to comply with the 10-foot street side setback impractical. Also, if the Applicant were to provide a 10-foot landscaped, street side yard, the site would be even more severely under parked, as it would not be possible to provide up to five parking spaces along the western property line. The existing lot is further constrained by the fact that there is a substantial grade difference at the rear of the lot and by the two-and-a-half-foot dedication along the southerly property line. These nonconforming site conditions make it infeasible for the Applicant to comply with the current code requirements.

The proposed plan includes the construction of a three-foot-wide landscape planter in lieu of a 10-foot landscape planter along Elm Street in order to allow additional on-site parking spaces to be provided along the western property line, along with adequate vehicle maneuvering area. In addition, the finished grade of the alley is approximately eight feet lower than the finish grade of the subject property's rear parking lot area. As a result, the Applicant is proposing to construct a new retaining wall along the southerly property line that will allow the extension of the parking lot area to accommodate additional parking spaces and incorporate new landscape planters along the southern property line. The LHMC requires 18 parking spaces for the proposed use, however, the proposed site layout would only provide 16 spaces. As proposed, the Applicant is maximizing the total number of parking spaces while providing a balance of landscaping to the greatest extent possible. The proposed onsite improvements include the addition of approximately 459 square feet of onsite landscaping which excludes the front and street side landscape setbacks. The Zoning Code requires 484 square feet or seven percent of the parking lot area. The 459 square feet translates to six percent of landscaping within the parking lot area. Overall, the project has been designed to comply with the C-2 standards of development to the extent physically possible while still meeting the spirit and intent of the Zoning Code. Therefore, the proposed plan is consistent with the Zoning Ordinance.

Commercial projects must be designed to comply with current Zoning Code standards and the General Plan to ensure that all projects achieve the goals that promote public health, safety and welfare of the community. Compliance is achieved through the Design Review process allowing for a detailed project analysis to ensure that the site design including the proposed building and landscaping improvements will be in harmony with other improvements in the vicinity. The process also allows the consideration of the project location and existing improvements that may cause constraints in achieving full compliance with current zone standards allowing some flexibility.  The project must comply with Building and Safety, Public Works and Fire requirements during the construction phase which emphasize public health and safety. The proposed plan is in compliance with all the appropriate development standards to the extent physically possible. Therefore, the proposed plan is in the best interest of the public health, safety and welfare of the community.

The subject property was previously the home of a restaurant that served the surrounding area for nearly 50 years (from 1971 to 2018). Over time, the site remained operational as a legal non-conforming property and was not subject to complying with current Zoning Code requirements, but eventually closed. The Applicant is seeking to re-establish a new restaurant with outdoor dining to serve the surrounding area. In this effort, the Applicant proposes to completely rehabilitate the building's interior and exterior as well as parking lot and landscaping improvements to the greatest extent possible. The building will be remodeled, and the property will be beautified to provide for improved compatibility with the surrounding uses.
 

The project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303(c), Class 3: "New Construction or Conversion of Small Structures" of the CEQA Guidelines. The Project involves facade improvements along with a 320 square-foot addition to an existing commercial building located in an urbanized area for the operation of a restaurant with the sale of beer and wine. The commercial building does not exceed 10,000 square feet in floor area and the site is zoned for commercial uses. The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this project. Therefore, the project is categorically exempt from CEQA. 

Pursuant to LHMC Section 18.06.040.A, a Conditional Use Permit (CUP) is required for a restaurant within the C-2 Zone. Pursuant to LHMC Section 18.66.070.C, in order to grant the CUP for this request, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the following findings:

The C-2 zone allows for the operation of a restaurant with a CUP. Moreover, outdoor dining comprised of less than 50 percent of the restaurant area is permitted by right. The site was previously developed for operation of the Golden Star restaurant for a nearly 50-year time period (from 1971 to 2018). The Applicant's project will be able to maximize on-site parking for a total of 16 vehicles. Landscaping will also be provided along the western and southern property lines, providing some screening of the parking lot for the assisted living units to the west and the multi-family units to the south. The nearest residence is located approximately 117 feet to the south across a public alley. Restaurant activities will take place within the building and outdoor dining area located along the north side of the property. The project site will include improvements throughout the property to beautify and modernize the site.  Therefore, the granting of the CUP will not be detrimental to the public welfare or unreasonably interfere with the use, possession or enjoyment of surrounding and adjacent properties or impair the character of the C-2 zone.

The project is located on a corner parcel zoned Commercial (C-2) situated along a commercial corridor. The parcel allows for adequate vehicle access; ingress only on Whittier Boulevard and ingress/egress on Elm Street. The subject property will be improved to comply with the current development standards to the extent physically possible while still ensuring that adequate on-site vehicle maneuvering area is provided. Pedestrian access will be available along Whittier Boulevard and there will be ADA accessibility provided along the rear side of the building from the parking lot area. Therefore, the site is physically suitable for the type of land use being proposed.

Pursuant to LHMC Section 18.06.040.A, restaurants located within the Commercial (C-2) zone are allowed with the approval of a CUP. The project plans associated with the CUP have been reviewed for compliance with all applicable development standards. Therefore, the proposed use is conditionally permitted within the C-2 zone and complies with the intent of all applicable provisions of the Zoning Code.

The operation of a restaurant is consistent with La Habra's General Plan Policy LU 3.2, which encourages "uses that meet daily needs such as grocery stores, local-serving restaurants, and other businesses and activities within walking distance of residences to reduce the frequency and length of vehicle trips."  The proposed restaurant will be located along a commercial corridor and conveniently located nearby an existing residential neighborhood located to the south of the property. The proposed restaurant will offer dine-in services which includes the use of an outdoor seating area to enhance the dining experience. The proposed hours of operation are from 11:00 a.m. to 10:00 p.m. seven days a week allowing nearby residents the ability to walk to the restaurant during the standardized hours of operation. Therefore, granting the CUP is consistent with the General Plan.

Pursuant to LHMC Section 18.06.040.A, a Conditional Use Permit (CUP) is required for alcoholic beverage sales and service. Pursuant to LHMC Section 18.66.070.C, in order to grant the CUP for this request, the Planning Commission must make the findings listed below. Staff has provided justification in support of each of the following findings:
 

The Department of Alcoholic Beverage Control (ABC) 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 a level of "Undue Concentration." The subject property is located within Census Tract 14.01 with census boundaries extending from Walnut Street to Harbor Boulevard. Presently, ABC allows for up to five on-sale licenses in the subject census tract before rising to a level of undue concentration. There are currently six active on-sale licenses within the Census Tract; including licenses issued to the El Cholo restaurant, The Cat & The Custard Cup (to be renamed to: Il Gatto), Shakey's Pizza, Higo Chicken Peruvian Cuisine, Squire's Inn Bar and the Perla Azul Steak and Seafood Mexican Restaurant. The proposed Baby Bros restaurant would be the seventh on-sale license. Before ABC can issue any additional alcoholic beverage license within an area of undue concentration, ABC will require the Applicant to demonstrate that the Public Convenience or Necessity (PCN) would be served by the issuance of the license. In order to support the required PCN, staff has included certain conditions of approval to CUP 22-24 to ensure compatibility and compliance with City codes and ordinances. These include, but are not limited to, requiring the Applicant to: 1) demonstrate, on an ongoing basis, that the primary business is a public bona fide eating establishment; 2) comply with all ABC licensing requirements; and 3) requiring that all employees selling alcohol complete a certified training program approved by ABC. Through compliance with these conditions of approval, the addition of the sale of beer and wine at the subject 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. Moreover, the project Applicant is required to be in compliance with all the regulations of the Department of Alcoholic Beverage Control (ABC) at all times. 

The site was previously utilized for the operation of a restaurant. While the approval of CUP 22-24 will allow beer and wine to be added to the restaurant's menu, it will be ancillary to the restaurant use. The requested license type (Type 41 On-Sale Beer & Wine) is linked to a bona fide public eating-place. On-site alcohol sales and service will be limited to taking place within the restaurant's interior dining area and/or within a secured/enclosed outdoor seating area. Therefore, the site is physically suitable for the type of land use being proposed.    

Pursuant to the LHMC Section 18.06.040.A, alcoholic beverage sales and service is allowed within the C-2 zone with the approval of a CUP. With the incorporation and implementation of the conditions of approval, the use will be harmonious with surrounding land uses and will comply with the intent of all applicable provisions of the Zoning Code. 

The granting of CUP 22-24 to allow for a Type 41 On-Sale Beer and Wine license in conjunction with a restaurant is consistent with the La Habra General Plan, specifically Policy LU 3.2 which encourages "uses that meet daily needs such as grocery stores, local-serving restaurants, and other businesses and activities within walking distance of residences to reduce the frequency and length of vehicle trips." The property is located along Whittier Boulevard, which is improved with various commercial uses including offices, restaurants, and retail uses within walking distance of nearby residences. The serving of alcohol in conjunction with a restaurant is common within the City along other commercial corridors. The proposed project will provide residents with dining options within the vicinity. Therefore, granting the CUP for alcoholic beverage sales and service in conjunction with a restaurant is consistent with the General Plan.

The Applicant has paid for the processing costs associated with the Design Review and the Conditional Use Permits, which total $17,962.00.

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 the proposed project constitutes the disturbance of more than 1,000 square feet of soil, a Non-Priority WQMP is required. A Non-Priority WQMP will be required prior to the issuance of a building permit.