| Item No. 1. | |
| MEETING DATE: December 14, 2020 |
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| 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 20-19 FOR AN ABC TYPE 47 ALCOHOLIC BEVERAGE LICENSE IN CONJUNCTION WITH A RESTAURANT AT 1464 SOUTH HARBOR BOULEVARD
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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(a), Class1: “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 20-19 FOR AN ON-SALE GENERAL (ABC TYPE 47) LICENSE IN CONJUNCTION WITH A RESTAURANT AT 1464 SOUTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.
DISCUSSION:
The Applicant, DMI Harbor Hills, LLC is requesting to upgrade an alcoholic beverage license from a Type 41 On-Sale Beer and Wine to a Type 47 On-Sale General in conjunction with the restaurant MGD (formally Hog and Hen). 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 parking areas accessed via Harbor Boulevard and via Ladera Terrace. The center contains 14 suites, all of which have been leased.
On March 23, 2020, the Planning Commission approved Conditional Use Permit 19-27 and Conditional Use Permit 19-28 for a restaurant (Hog and Hen) with an ABC Type 41 alcoholic beverage license at 1464 S. Harbor Blvd. The restaurant has since changed its name to MGD Kitchen (Meat, Grill, Drink). The restaurant operators are requesting to upgrade the ABC license type from a Type 41 On-Sale Beer and Wine to a Type 47 On-Sale General. The Type 47 license will authorize the sale of beer, wine and distilled spirits for consumption onsite.
The subject restaurant is located adjacent to the Harbor Mexican Café and Sisu retail store situated near the middle of the commercial center. The March 23, 2020, approval also included the modification of the storefront. The front of the suite will be recessed inward and will be improved with a new wall, and a 16-foot wide roll up door to function as an open indoor/outdoor dining area. MGD will provide a variety of signature beef, chicken and pork dishes. The restaurant will operate from 9:00 a.m. to 12:00 a.m. Monday through Sunday with 4 to 5 employees per shift.
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 for all alcohol related uses. In order to grant the Conditional Use Permit for this request, the following findings must be made:
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 for all alcohol related uses. 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 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 subject restaurant's Type 41 license will be canceled and replaced with a Type 47 license. The requested alcohol service will continue to be an ancillary use to the restaurant. The sale and consumption of alcoholic beverages will take place within the suite and within the secured outdoor seating area. The conditions included in the Type 41 license will be carried forward and modified where appropriate for the requested Type 47 license. It should be noted that the Type 47 license requires the business operator to maintain the licensed premises as a bona fide eating place, with suitable kitchen facilities and must make actual and substantial sales of meals for consumption on the premises.
The subject property is located within Census Tract 16.01 which allows for a total of nine On-Sale licenses before a level of "Undue Concentration" is reached as determined by the Department of Alcoholic Beverage Control (ABC). The Census Tract boundary extends into the City of Fullerton and the City of Brea. Within the City, there are three active Type 41 On-Sale Beer and Wine licenses (Akafuji, Harbor Mexican Café and Eggbred); one approved Type 41 pending processing by the Applicant and ABC (Feu Noodle Bar) and one approved/pending license (Hog and Hen/MGD), all five licenses are located within the subject commercial center. There are another 10 active On-Sale licenses all located within the City of Fullerton for a grand total of 15 On-Sale licenses within Census Tract 16.01. Out of the 15 active licenses, there is only one Type 47 license located within the City of Fullerton (Fullerton Golf Course). The Census Tract has reached Undue Concentration. Pursuant to Section 23958.4(b)(1) of the California Business and Professions Code, the Applicant will be required to provide ABC with data to support a Finding of Public Convenience and Necessity (PCN) before the Type 47 license can be issued.
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 proposal to sell alcoholic beverages in conjunction with a restaurant is consistent and typical of the land use designation.
Code Compliance
The proposal to upgrade the alcoholic beverage license does not impact the parking requirements for the restaurant. Parking for the center has been addressed via the approved parking study dated April 5, 2020. The findings contained within the parking study are still valid.
Related Cases
The subject property is located within Census Tract 16.01 which allows for a total of nine On-Sale licenses before a level of "Undue Concentration" is reached as determined by the Department of Alcoholic Beverage Control (ABC). The Census Tract boundary extends into the City of Fullerton and the City of Brea. Within the City, there are three active Type 41 On-Sale Beer and Wine licenses (Akafuji, Harbor Mexican Café and Eggbred); one approved Type 41 pending processing by the Applicant and ABC (Feu Noodle Bar) and one approved/pending license (Hog and Hen/MGD), all five licenses are located within the subject commercial center. There are another 10 active On-Sale licenses all located within the City of Fullerton for a grand total of 15 On-Sale licenses within Census Tract 16.01. Out of the 15 active licenses, there is only one Type 47 license located within the City of Fullerton (Fullerton Golf Course). The Census Tract has reached Undue Concentration. Pursuant to Section 23958.4(b)(1) of the California Business and Professions Code, the Applicant will be required to provide ABC with data to support a Finding of Public Convenience and Necessity (PCN) before the Type 47 license can be issued.
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 proposal to sell alcoholic beverages in conjunction with a restaurant is consistent and typical of the land use designation.
Code Compliance
The proposal to upgrade the alcoholic beverage license does not impact the parking requirements for the restaurant. Parking for the center has been addressed via the approved parking study dated April 5, 2020. The findings contained within the parking study are still valid.
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 onsite 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 now 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 now changed to Furai Chicken).
- 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 and Hen, name changed to MGD Restaurant).
- 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 1476-1478 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 (Originally Orot Kitchen, use changed to a retail store called Sisu).
- 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).
- On November 9, 2020, the Planning Commission approved Conditional Use Permit 20-15 for a restaurant at 1458 South Harbor Boulevard (Milk & Mochi).
- On November 23, 2020, the Planning Commission approved Conditional Use Permit 20-18 to establish a children's tutoring facility at 1472 South Harbor Boulevard (Code Ninjas).
FISCAL IMPACT/SOURCE OF FUNDING:
No City resources/funding is required for this proposal .
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 operation of a restaurant with alcohol sales and service is consistent and typical of the land use designation.
The proposal to sell alcoholic beverages in conjunction with a restaurant is consistent and typical of the land use designation.
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 of the General Plan 2035.
The proposal to sell alcoholic beverages in conjunction with a restaurant is consistent and typical of the land use designation.
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 of the General Plan 2035.