| Item No. 1. | |
| MEETING DATE: November 9, 2020 |
|
| TO: | PLANNING COMMISSION |
| FROM: | ROY N. RAMSLAND JR., PLANNING MANAGER By: David Lopez, Associate Planner |
| VIA: | ANDREW HO, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT |
| SUBJECT: | CONSIDERATION OF A REQUEST FOR CONDITIONAL USE PERMIT 20-15 TO OPERATE A RESTAURANT AT 1458 SOUTH HARBOR BOULEVARD |
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(a), Class 1: "Existing Facilities" of the California Environmental Quality Act Guidelines.
RECOMMENDATION:
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 20-15 TO OPERATE A RESTAURANT AT 1458 SOUTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
DISCUSSION:
The Applicant, DMI Harbor Hills, LLC is proposing to operate a restaurant (Milk & Mochi) within an existing commercial center. The subject property is located along the easterly side of Harbor Boulevard between Las Riendas Drive and Las Palmas Drive. The General Plan Land Use Designation for the property is Neighborhood Commercial. The property is zoned Commercial (C-2) which is consistent with the General Plan.
The subject property is improved with a 27,062 square foot commercial building (The Row on Harbor) that was renovated in 2019. The building is located near the middle of the property with two separate parking areas accessed via Harbor Boulevard and via Ladera Terrace. The center is improved with 14 suites, 12 of which have been leased. The current list of approved tenants that are authorized to operate include five restaurants, two health clubs and a nail salon:
Akafuji, Bodhi Leaf Coffee Traders, Eggbred, Feu Noodle Bar, Harbor Mexican Café, Beauteous Nails, Club Pilates and AKT Dance.
Tenants that have been approved but are pending permits or permit final include: California Pita Grill, Hog and Hen and Orot Kitchen. California Pita Grill originally approved on January 27, 2020, at 1460 S. Harbor Blvd. will no longer move forward and will be replaced by another restaurant, Furai Chicken, that is currently in plan check. The restaurant Hog and Hen, located at 1464 S. Harbor Blvd., has changed its name to MGD and is in the tenant improvement construction phase. Also, Orot Kitchen, which was approved on July 13, 2020, for the operation of a restaurant at 1466 S. Harbor Blvd., will no longer proceed with the restaurant use. Instead, the operator is proposing a retail store called Sisu that is described as a lifestyle and outdoor inspired retail store that will carry brand name clothing, gear, home goods and more. The operator is in the process of submitting tenant improvement plans for the retail store which is permitted outright.
The Applicant is proposing the last restaurant use within the center, identified as Milk & Mochi, that will be located near the northerly end of the center adjacent to Feu Noodle Bar and Furai Chicken. The subject suite is 1,345 square feet in area and it does not have access to an outdoor seating area. The restaurant is described as a dessert destination that will serve mochi donuts, boba, ice cream, shaved ice, teas, scones and cookies. The restaurant will function as a food to-go use, as it does not include a dining area with customer seating. There are only two chairs shown in the waiting area. The restaurant will operate Monday through Sunday from 11:00 a.m. to 9:00 p.m. and it will be staffed with three to four 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 a restaurant within the C-2 Commercial Zone. In order to grant the Conditional Use Permit for this request, the following findings must be made:
The subject property is improved with a 27,062 square foot commercial building (The Row on Harbor) that was renovated in 2019. The building is located near the middle of the property with two separate parking areas accessed via Harbor Boulevard and via Ladera Terrace. The center is improved with 14 suites, 12 of which have been leased. The current list of approved tenants that are authorized to operate include five restaurants, two health clubs and a nail salon:
Akafuji, Bodhi Leaf Coffee Traders, Eggbred, Feu Noodle Bar, Harbor Mexican Café, Beauteous Nails, Club Pilates and AKT Dance.
Tenants that have been approved but are pending permits or permit final include: California Pita Grill, Hog and Hen and Orot Kitchen. California Pita Grill originally approved on January 27, 2020, at 1460 S. Harbor Blvd. will no longer move forward and will be replaced by another restaurant, Furai Chicken, that is currently in plan check. The restaurant Hog and Hen, located at 1464 S. Harbor Blvd., has changed its name to MGD and is in the tenant improvement construction phase. Also, Orot Kitchen, which was approved on July 13, 2020, for the operation of a restaurant at 1466 S. Harbor Blvd., will no longer proceed with the restaurant use. Instead, the operator is proposing a retail store called Sisu that is described as a lifestyle and outdoor inspired retail store that will carry brand name clothing, gear, home goods and more. The operator is in the process of submitting tenant improvement plans for the retail store which is permitted outright.
The Applicant is proposing the last restaurant use within the center, identified as Milk & Mochi, that will be located near the northerly end of the center adjacent to Feu Noodle Bar and Furai Chicken. The subject suite is 1,345 square feet in area and it does not have access to an outdoor seating area. The restaurant is described as a dessert destination that will serve mochi donuts, boba, ice cream, shaved ice, teas, scones and cookies. The restaurant will function as a food to-go use, as it does not include a dining area with customer seating. There are only two chairs shown in the waiting area. The restaurant will operate Monday through Sunday from 11:00 a.m. to 9:00 p.m. and it will be staffed with three to four 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 a restaurant within the C-2 Commercial Zone. In order to grant the Conditional Use Permit for this request, 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 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 proposed restaurant will operate within a commercial shopping center which was designed for the operation of up to nine restaurants. The commercial center is located within a commercial corridor surrounded by commercial and office type uses. The proposed restaurant will compliment the other food and service uses within the center. In addition, the proposed hours of operation are similar to the hours of operation of the other uses currently operating within the center. The operational nature of the restaurant is described as food to go with no interior dining area or outdoor patio area.
The request is for the final restaurant use within the subject commercial shopping center. This will bring the total number of restaurants to eight, as opposed to nine, which were studied in the parking analysis. The Orot Kitchen restaurant which was approved in July 2020 has been change to a retail suite. The reduction to the total number of restaurants within the center provides a positive result as the parking ratios are significantly less for retail uses. Nevertheless, all parking impacts have been addressed via the findings of the parking study dated April 5, 2020. The approved parking study concluded that at full occupancy of the center, which includes nine restaurants, two health clubs and three retail uses, the parking impacts for the multi-use project can be contained onsite. The parking study utilized Urban Land Institute (ULI) Shared Parking Analysis data that forecasted peak parking conditions for both weekday and weekend scenarios. The highest forecasted peak parking demand totaled 131 parking spaces during a normal weekday condition. The subject commercial center is improved with 134 spaces which includes self-park spaces and a valet parking area located at the rear of the center. The valet service is on standby and will be implemented once the parking demand increases within the center. Based on the parking study's findings, all vehicles can be contained on-site and there is no need for any off-site parking areas.
The General Plan land use designation for the property is Neighborhood Commercial which is characterized by commercial uses that serve the daily or frequent commercial needs of the residents in the immediate vicinity. The operation of a restaurant is consistent and typical of the land use designation.
Code Compliance
Parking for the center has been addressed via the approved parking study dated April 5, 2020. The parking study found that at full occupancy of the center, during normal operating conditions, the highest forecasted parking demand can be accommodated on-site without the need for any off-site parking areas.
Related Cases
The request is for the final restaurant use within the subject commercial shopping center. This will bring the total number of restaurants to eight, as opposed to nine, which were studied in the parking analysis. The Orot Kitchen restaurant which was approved in July 2020 has been change to a retail suite. The reduction to the total number of restaurants within the center provides a positive result as the parking ratios are significantly less for retail uses. Nevertheless, all parking impacts have been addressed via the findings of the parking study dated April 5, 2020. The approved parking study concluded that at full occupancy of the center, which includes nine restaurants, two health clubs and three retail uses, the parking impacts for the multi-use project can be contained onsite. The parking study utilized Urban Land Institute (ULI) Shared Parking Analysis data that forecasted peak parking conditions for both weekday and weekend scenarios. The highest forecasted peak parking demand totaled 131 parking spaces during a normal weekday condition. The subject commercial center is improved with 134 spaces which includes self-park spaces and a valet parking area located at the rear of the center. The valet service is on standby and will be implemented once the parking demand increases within the center. Based on the parking study's findings, all vehicles can be contained on-site and there is no need for any off-site parking areas.
The General Plan land use designation for the property is Neighborhood Commercial which is characterized by commercial uses that serve the daily or frequent commercial needs of the residents in the immediate vicinity. The operation of a restaurant is consistent and typical of the land use designation.
Code Compliance
Parking for the center has been addressed via the approved parking study dated April 5, 2020. The parking study found that at full occupancy of the center, during normal operating conditions, the highest forecasted parking demand can be accommodated on-site without the need for any off-site parking areas.
Related Cases
- On August 27, 2018, the Planning Commission approved Conditional Use Permit 18-12 to operate a remediation system from the subject property for a two-year period.
- On September 24, 2018, the Planning Commission approved Design Review 18-08 for facade and on-site improvements to the subject commercial center.
- On August 1, 2019, the Planning Commission approved Conditional Use Permit 19-11 and Conditional Use Permit 19-12 for a restaurant with an ABC Type 41 alcoholic beverage license at 1450 South Harbor Boulevard (Akafuji Restaurant).
- On August 1, 2019, the Planning Commission approved Conditional Use Permit 19-16 for a restaurant at 1452 South Harbor Boulevard (Bodhi Leaf Coffee Traders).
- On August 1, 2019, the Planning Commission approved Conditional Use Permit 19-13 and Conditional Use Permit 19-14 for a restaurant with an ABC Type 41 alcoholic beverage license at 1454 South Harbor Boulevard (Originally Tori Haus, changed to Eggbred).
- On August 1, 2019, the Planning Commission approved Conditional Use Permit 19-15 for a restaurant at 1456 South Harbor Boulevard (Feu Noodle Bar).
- On January 27, 2020, the Planning Commission approved Conditional Use Permit 19-23 for a restaurant at 1460 South Harbor Boulevard (Originally California Pita Grill, changed to Furai Chcken).
- On March 23, 2020, the Planning Commission approved Conditional Use Permit 19-27 and Conditional Use Permit 19-28 for a restaurant with an ABC Type 41 alcoholic beverage license at 1464 South Harbor Boulevard (Originally Hog & Hen, changed to MGD).
- On April 27, 2020, the Planning Commission approved Conditional Use Permit 19-26 to establish a health club, a Pilates Studio, at 1470 South Harbor Boulevard (Club Pilates).
- On April 27, 2020, the Planning Commission approved Conditional Use Permit 19-24 to establish a health club, a Dance Studio at 1476-1778 South Harbor Boulevard (AKT).
- On July 13, 2020, the Planning Commission approved Conditional Use Permit 20-08 for a restaurant at 1466 South Harbor Boulevard (Orot Kitchen, no longer proceeding).
- On September 28, 2020, the Planning Commission approved Conditional Use Permit 20-11 for an ABC Type 41 alcoholic beverage license in conjunction with a restaurant at 1456 South Harbor Boulevard (Fue Noodle Bar).
FISCAL IMPACT/SOURCE OF FUNDING:
None.
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 Neighborhood Commercial which is characterized by commercial uses that serve the daily or frequent commercial needs of the residents in the immediate vicinity. The proposed restaurant will provide residents and local businesses with an additional eatery that is grouped together with other restaurants in a convenient location.
The project implements Policies LU 2.2 Places to Shop, LU 2.3 Places to Work, LU 3.2 Uses to Meet Daily Needs, LU 11.1 Diversity of Uses and P 1.3 Off-Street Parking Alternatives of the General Plan 2035.
The project implements Policies LU 2.2 Places to Shop, LU 2.3 Places to Work, LU 3.2 Uses to Meet Daily Needs, LU 11.1 Diversity of Uses and P 1.3 Off-Street Parking Alternatives of the General Plan 2035.