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 CEQA Guidelines because the project involves a negligible expansion of use. The project involves interior alterations to an existing building. The project is also not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The project is not located along any state-designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval of this project.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING MODIFICATION 24-0001 TO AMEND CONDITIONAL USE PERMIT 82-31 IN ORDER TO ALLOW THE ON-SITE SALE OF ALCOHOLIC BEVERAGES UNDER A TYPE 48 LICENSE AND LIVE ENTERTAINMENT INCLUDING DJ PERFORMANCES, KARAOKE, SMALL MUSICAL GROUPS AND STAND-UP COMEDY ACTS AT 632 EAST WHITTIER BOULEVARD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS

The Applicant, Fausto Reyes of Land Arq, Inc., is requesting approval of Modification 24-0001 to amend Conditional Use Permit 82-31 in order to allow an existing bar (The Hideout Bar) to:

The Hideout Bar is located within a 1,624 tenant space at 632 East Whittier Boulevard (highlighted in Exhibit 1 below in yellow). The subject bar is one of two tenants located within a 3,340 square-foot building on an approximate 9,000 square-foot parcel (see Parcel 2 in Exhibit 2); the other tenant is the Fat Belly Restaurant. The subject parcel and the adjoining properties to the west, identified as Parcel 1 in Exhibit 2 (La Habra Loan and Jewelry), and east, identified as Parcel 3 in Exhibit 2 (Daniel's Dental Care), operate as a multi-tenant shopping center. These properties are subject to a reciprocal parking and access agreement, which enables vehicular access from East Whittier Boulevard and Maple Street. In addition, functionally, vehicles can access the subject shopping center from Chestnut Street via the drive aisle for the multi-tenant shopping center to the east.

The subject tenant space is located within a multi-tenant shopping center that is designated by the General Plan for Mixed Use Center 1 land use and located within the C-2 (Commercial) Zone and the MX (Mixed-Use) Overlay Zone. Although the MX Overlay Zone permits residential development, the subject property is not identified in the General Plan Housing Element as a site to meet the City's Regional Housing Needs Assessment (RHNA) allocation. The General Plan land use designation, zoning and existing land uses for the properties that surround the subject shopping center are summarized in Table 1 below. Alcohol beverages sales and services, as well as the provision of live entertainment, within the C-2 Zone and MX Overlay Zone, are subject to the approval of a conditional use permit (CUP) by the Planning Commission, pursuant to La Habra Municipal Code (LHMC) Chapters 18.06 (Zones Established - Zoning Map Boundaries and Land Uses) and 5.32 (Entertainment, Amusement and Dance Permits).

 

On June 28, 1982, the Planning Commission approved the sale of beer and wine for on-site consumption for the subject tenant space under Conditional Use Permit (CUP) 82-31. In addition, in conjunction with the approval of CUP 82-31, the Planning Commission also approved Variance 82-43 to reduce the amount of required on-site parking for the subject tenant space from 12 to 6 spaces.  As a condition of approval of Variance 82-43, the applicant was required to undergo a compliance review before the Planning Commission for CUP 82-31 within six months of opening. 

On December 13, 1982, the Planning Commission conducted a compliance review for CUP 82-31 and adopted Resolution 82-169, which modified the conditions of approval for CUP 82-31. The recommended modifications included conditions requiring the applicant to obtain an entertainment permit for the business's pool tables and dart tournaments and to provide a copy of the reciprocal parking agreement between the subject property (Parcel 2) and the property to the east (Parcel 3), in order to provide more parking for the subject tenant space. At this time, as noted above, there is a reciprocal parking agreement between the subject property and both properties to the east and west. 

CUP 82-31, as modified by Resolution 82-169, and Variance 82-43 have allowed the following businesses to operate at this location:

• 1982 to 1996: Casbah A Go Go bar.
• 1999 to 2000: Buster's Tavern 
• 2002 to 2008: Ed's Pub 
• 2009 to 2010: El Encanto #2
• 2011 to 2022: Las Vegas Bar #2

The current tenant, the Hideout Bar, was established in 2022. The Hideout Bar operates as a local bar where customers can enjoy beer and/or wine along with non-live entertainment including pool tables, dart boards, arcade pinball and televisions for viewing various sports events. CUP 82-31 enables The Hideout Bar to sell beer and wine for on-site consumption under a Type 42 license. A Type 42 license does not necessitate that any food service be provided and prohibits minors from entering the establishment, with certain exceptions for musicians between the ages of 18 and 21.

As further described below, the Applicant is requesting to modify CUP 82-31 to allow the sale of beer, wine and distilled spirits under a Type 48 license, instead of its current Type 42 license. Similar to a Type 42 license, a Type 48 license does not necessitate that any food service be provided and prohibits minors, with the same exception as noted above for musicians, from entering the establishment. Both licenses are also subject to the California Department of Alcoholic Beverages (ABC) Responsible Beverage Services (RBS) requirements and require alcohol servers and managers to be RBS certified. The Applicant is also requesting to offer live entertainment in addition to the non-live entertainment currently permitted. The Applicant is requesting these changes to further enhance the customer's experience when visiting the Hideout Bar. The Applicant has informed staff that by offering a wider range of drink options in conjunction with live entertainment, these changes will enable their business to remain competitive, attract new customers and help improve their profits.

ABC typically recommends the maximum number of alcohol licenses based on the concentration of these licenses within an identified census tract. The subject property is located within Census Tract 11.03. ABC has issued three licenses that permit the sale of alcohol for on-premises consumption:

• 1220 W. Whittier Blvd – Senor Campos – ACTIVE (Type 47 - on-sale beer, wine and distilled spirits; issued to restaurants)
• 660 N. Beach Blvd – Arigatto Sushi – SUSPENDED (Type 41 - on-sale beer and wine; issued to restaurants)
• 632 E. Whittier Blvd – The Hideout Bar – ACTIVE (Type 42 - on-sale beer and wine; issued to bars/taverns)

ABC recommends that a maximum of six on-sale licenses be issued within this census tract. Therefore, the census tract is not considered by ABC to be over-concentrated with this type of license.  The business operator understands that they are required to comply with all ABC requirements, including having their managers and servers receive ABC certified training.

In addition to the above on-sale licenses, ABC has also issued the following five licenses that permit the sale of alcohol for off-premises consumption, referred to as "off-sale", within this census tract. These licenses do not affect ABC's recommendation for on-sale licenses.

• 1700 W. Whittier Blvd – Rite Aid – ACTIVE (Type 21 - off-sale beer, wine and distilled spirits; issued to retailers)
• 1800 W. Whittier Blvd – Albertsons – ACTIVE (Type 21 - off-sale beer, wine and distilled spirits; issued to retailers)
• 718-720 E. Whittier Blvd – ALS Liquor – ACTIVE (Type 21 - off-sale beer, wine and distilled spirits; issued to retailers)
• 1851 W. La Habra Blvd – Circle Liquor – ACTIVE (Type 21 - off-sale beer, wine and distilled spirits; issued to retailers)
• 1920 W. La Habra Blvd – G&M Oil Company – ACTIVE (Type 20 - off-sale beer and wine; issued to retailers)

The Applicant is also requesting to offer a variety of live entertainment including DJ performances, karaoke, small musical groups and stand-up comedy acts. The current maximum occupancy of The Hideout Bar is 49 people, which would place a limitation on the number of patrons at all times, including during live performances. The Applicant would like the option to hold live entertainment events on Wednesdays, Thursdays, Fridays, and Saturdays. However, the Applicant conveyed to staff that weekly performances will likely be scheduled primarily on Fridays and Saturdays from 8:00 p.m. to 12:00 a.m. only. The floor plans below (Exhibits 3 and 4) show the changes that will be made to the tenant space to accommodate live entertainment. 

Exhibit 3 depicts the existing 1,624 square foot tenant space, which offers non-live entertainment including two pool tables, arcade pinball machines, dart boards, televisions and a jukebox that plays recorded music. The Applicant proposes to continue these non-live entertainment options. Exhibit 4 shows the proposed floor plan, which includes the elimination of one of the two existing pool tables and the addition of one table and four chairs for customers. The new customer seating arrangement provides an ADA (Americans With Disabilities Act) accessible path-of-travel, ADA-compliant bar seating and ADA-accessible table seating.

The stage area will be located towards the rear of the bar. All live performances will take place in this area and there will be no designated dance floor. The DJ performances will consist of a DJ performer that will play music. The karaoke entertainment will involve up to two singers that use hand microphones and follow the music displayed on the TV screen. The small musical groups will consist of no more than three people playing acoustical instruments. Finally, the proposed stand-up comedy acts will be composed of one to two people talking into microphones. During live performances, the entertainers will be required to maintain a six-foot distance from customers and have no physical contact with them (including contact for handing tips).

To comply with LHMC Section 5.32.056 (Operational Requirements for Certain Live Permits Only), the Applicant proposes to reduce the size of their existing office area and add a new dressing room for performers to utilize. The Applicant also proposes to enlarge the existing restrooms to comply with ADA accessibility requirements. Finally, the Applicant proposes to utilize a security system that visually records and monitors the building doors and parking lot area. Two new parking lot light posts along with two wall mounted sconces will be added to ensure there will be sufficient exterior lighting levels for safety.

EXHIBIT 4 - PROPOSED FLOOR PLAN:

As described above, the proposed changes to the physical layout and use of the subject tenant space under Modification 24-0001 would not change the overall size or occupancy of the tenant space; therefore, staff is not requesting that the Applicant provide any additional parking spaces in conjunction with this request. The Hideout Bar will continue to utilize the existing reciprocal parking and access agreement with the adjoining properties as mentioned earlier in this report, which staff believes will be able to accommodate the parking associated with the proposed use of the subject tenant space.

Under CUP 82-31, the subject tenant may operate its business from 10:00 a.m. to 2:00 a.m. daily; with this modification request, the Applicant is requesting  to reduce the permitted hours of operation as follows:

• Monday through Thursday, from 12:00 p.m. to 12:00 a.m.
• Friday and Saturday, from 10:00 a.m. to 2:00 a.m.
• Sunday, from 9:00 a.m. to 12:00 a.m.

The Applicant states that The Hideout Bar will have a total of 10 to 12 employees that will work during three shifts throughout the day. During each shift, it is anticipated that there will be three to four employees to oversee the business operations. During the evenings, after 5:00 p.m., there will also be one on-site security guard at the business.

In recent years, the Police Department has received complaints from the adjacent residents about the noise emanating from The Hideout Bar. The complaints are coming from neighboring properties located approximately 250 feet to the south and southwest of the subject tenant space, respectively. In 2024, there were two calls for police service regarding loud music coming from inside the bar. According to the Applicant, this may have been partially due to the rear door of the business being left open.  The City's noise standards, as perceived from adjacent residential properties, pursuant to LHMC Sections 9.32.050 and 9.32.060, are summarized in Tables 2 and 3. LHMC 9.32.080 specifies the same noise limits for affected schools, hospitals and churches. The LHMC does not prescribe any limitations on noises that affect non-residential uses, other than schools, hospitals and churches.

TABLE 2 - Noise Standards - Exterior (at any point on the affected residential property)

Maximum Noise Level	Time Period
55 dB(A)	7:00 a.m.—10:00 p.m.
50 dB(A)	10:00 p.m.—7:00 a.m.

TABLE 3 - Noise Standards - Interior (measured within the affected residential unit)

Maximum Noise Level	Time Period
55 dB(A)	7:00 a.m.—10:00 p.m.
45 dB(A)	10:00 p.m.—7:00 a.m.

Typical bar activity usually registers at a decibel level ranging between 80 and 85 dB(A), which is considered quite loud and can make conversation difficult. With live entertainment, it is anticipated that sound levels can reach as much as 110 decibels.  The Applicant is aware that they must comply with the City's Noise Ordinance at all times. In this effort, the Applicant has agreed to comply with a condition of approval that will require the front and rear doors of the business to be closed during all operating hours and live entertainment events with exceptions for entry and exiting.  To further minimize sound levels, the Applicant is proposing to mount PolyMax acoustical panels on the ceilings and install Type X (5/8" thick) drywall to be layered on top of the building's existing interior drywall. The Type X drywall will be located the entire length of the western wall, behind the designated stage area and along portions of the eastern wall flanking the bar and service area. Since Type X drywall is much denser than typical drywall, it will act as a sound barrier that will help reduce sound levels as much as 50 percent or more. As a result, it is expected that the Applicant will be able to comply with the City's noise standards at all times.

ANALYSIS
As outlined above, the proposed Modification to CUP 82-32 is subject to the approval of the Planning Commission. Pursuant to LHMC Section 18.66.070.C, prior to the approval of the requested Modification to CUP 82-32, the Planning Commission must make the required findings listed below; following each finding is Staff's analysis of the proposed project's ability to meet the required finding. 

A. The granting of such 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.

Alcohol beverages sales and services, as well as the provision of live entertainment, within the C-2 Zone and MX Overlay Zone, are subject to the approval of a conditional use permit (CUP) by the Planning Commission, pursuant to La Habra Municipal Code (LHMC) Chapters 18.06 (Zones Established - Zoning Map Boundaries and Land Uses) and 5.32 (Entertainment, Amusement and Dance Permits). CUP 82-31 enables The Hideout Bar to sell beer and wine for on-site consumption under a Type 42 Department of Alcoholic Beverage Control (ABC) license. A Type 42 license does not necessitate that any food service be provided and prohibits minors from entering the establishment, with certain exceptions for musicians between the ages of 18 and 21. The Applicant is requesting to modify CUP 82-31 to allow the sale of beer, wine and distilled spirits under a Type 48 license, instead of its current Type 42 license. Similar to a Type 42 license, a Type 48 license does not necessitate that any food service be provided and prohibits minors, with the same exception as noted above for musicians, from entering the establishment. Both licenses are also subject to the ABC Responsible Beverage Services (RBS) requirements and require alcohol servers and managers to be RBS certified. Furthermore, the Applicant is requesting to offer live entertainment in addition to the non-live entertainment currently permitted. The Applicant is requesting these changes to further enhance the customer's experience when visiting The Hideout Bar. The Applicant has informed staff that by offering a wider range of drink options in conjunction with live entertainment, these changes will enable their business to remain competitive, attract new customers and help improve their profits. The Applicant will be required to continue to comply with all ABC regulations, as well as the City of La Habra Municipal Code and all applicable ordinances. As part of this compliance, the Applicant has to designate a 100 square-foot stage area, construct a separate dressing room area, add ADA compliant bar/table seating, and ADA compliant restrooms. The Applicant has also taken steps to minimize noise impacts to the nearby residences by agreeing to install Type X (5/8" thick) drywall to be layered on top of their existing interior drywall to help reduce any adverse sound impacts resulting from the live performances, in addition to keeping their doors closed at all times. Therefore, the proposed alcohol beverage sales and services and live entertainment 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 C-2 and MX Overlay Zones in which subject tenant space is located.  

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

The site has been operating as a beer and wine bar since 1982, and as The Hideout Bar since 2022. The subject building is located within an integrated commercial center. No changes are proposed to the subject tenant space that would affect the overall building size and/or site layout. Therefore, the subject site is physically suitable for the proposed use.

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

Alcohol beverages sales and services, as well as the provision of live entertainment, within the C-2 Zone and MX Overlay Zone are subject to the approval of a conditional use permit (CUP) by the Planning Commission, pursuant to La Habra Municipal Code (LHMC) Chapters 18.06 (Zones Established - Zoning Map Boundaries and Land Uses) and 5.32 (Entertainment, Amusement and Dance Permits). Staff have reviewed the project plans and determined that the proposed alcohol sales and services and live entertainment comply with all applicable LHMC requirements. Therefore, Modification 24-0001 to CUP 82-31 is conditionally permitted within the C-2 Zone and MX Overlay Zone and complies with the intent of all applicable provisions of the Zoning Ordinance.

D. The granting of this conditional use permit is consistent with the comprehensive General Plan.
 

• LU 3.2: Uses to Meet Daily Needs. Encourage 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.
  • This location has been a neighborhood establishment since 1982 and continues to serve as a gathering spot for patrons and their guests.  The addition of distilled spirits to existing on-premise alcohol sales and the addition of live entertainment further serves to enhance having local serving businesses within walking distance of residences.
• LU 11.1 Diversity of Uses. Provide for and encourage the development of a broad range of uses in La Habra's commercial centers and corridors that reduce the need to travel to adjoining communities and capture a greater share of local spending.
  • The Hideout Bar is part of a diverse commercial center that provides a mix of community serving services and interests. The Applicant is proposing a variety of live entertainment offerings to enhance its business operations. These offerings will allow The Hideout Bar to be competitive with businesses in nearby communities offering the same or similar amenities.
• N 1.4: Noise Attenuation Through Building Design. Require measures that attenuate exterior and/or interior noise levels to acceptable levels to be incorporated into all development projects where current and/or future noise levels may be unacceptable.
  • In order to accommodate the live entertainment offerings and comply with the City of La Habra's noise ordinance, The Hideout Bar is implementing operational changes, such as keeping doors closed during live entertainment offerings (except for entering and exiting) and physical modifications to the suite's interior, such as the installation of sound attenuating materials
• N 3.2 High Noise Generating Uses. Require bars, clubs, entertainment venues, and other uses characterized by high levels of patronage and activity to be built and designed consistent with the City's noise standards to isolate noise to the interior and to limit perceptible exterior noise.
  • The Hideout Bar is making operational and interior physical changes to comply with the City of La Habra's noise standards. These include actively managing entry and exiting to minimize exterior noise spillage and installation of sound attenuating materials that will limit perceptible exterior noise.

Therefore, the granting of Modification 24-0001 to CUP 82-31 is consistent with the City's General Plan.

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.