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.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 20-22 FOR AN ON-SALE GENERAL (ABC TYPE 47) LICENSE IN CONJUNCTION WITH A RESTAURANT AT 1299 SOUTH HARBOR BOULEVARD, MAKING THE APPROPRIATE FINDINGS, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS.

The Applicant, Wong Properties, 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 a restaurant (La Casita Olvera Mexican Restaurant).  The subject property is located along the westerly side of Harbor Boulevard to the south of Imperial Highway. The General Plan Land Use Designation for the property is Community Shopping Center.  The property is zoned Commercial (C-2) which is consistent with the General Plan.
 
The subject property is 2.07 acres in size and is improved with three commercial buildings: a 13,500 square foot retail building, a 4,000 square foot retail building, and the subject 3,930 square foot restaurant building.  The subject building is located at the southeast corner of the property and the parking area is accessed via Harbor Boulevard.
 
Restaurants with beer and wine service have occupied the building between April 1981 to March 2020 when the last restaurant, Moros Cuban Restaurant, closed.   The current restaurant operator, La Casita Olvera, is 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.
 
La Casita Olvera is a chain of restaurants with locations currently in Whittier, Foothill Ranch, and Lake Forest.   The restaurant specializes in traditional Mexican fare.  The restaurant will operate from 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. (midnight) Friday and Saturday.  The restaurant will employ 50 employees spread out over different shifts.

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:

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.
2. The subject site is physically suitable for the type of land use being proposed.
3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions.
4. The granting of the Conditional Use Permit is consistent with the General Plan.

The approval for the subject restaurant's Type 41 license will be replaced with the approval for a Type 47 license. The requested alcohol service will continue to be an ancillary use to the restaurant, however is considered an intensification of the use as a Type 47 General ABC license is considered a higher level than the Type 41 Beer and Wine license.  This is due to the fact that liquors have a higher alcohol content which would make a person intoxicated more quickly.  Similarly, ABC charges a much higher application fee and annual fee for a Type 47 license than a Type 41 license.

The requested change will allow for the sale of margaritas which is a common cocktail associated with Mexican food. The sale and consumption of alcoholic beverages will continue to take place within the building.  The conditions included in the Type 41 license approval 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 17.05 which allows for a total of five On-Sale licenses before a level of "Undue Concentration" is reached as determined by the Department of Alcoholic Beverage Control (ABC).  There is one active Type 41 On-Sale Beer and Wine licenses (Pho Lily and Mongolian Bar-B-Que), which is located within the subject commercial center.  The Census Tract has not reached Undue Concentration, therefore a Finding of Public Convenience and Necessity (PCN) is not required.

The General Plan land use designation for the property is Community Shopping Center 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.  However, the Applicant will be conditioned to plant some trees within the parking lot to meet code requirements.

Related Cases

• On July 14, 2002, the Planning Commission approved Conditional Use Permit 02-56 for a restaurant, Conditional Use Permit 02-57 for an On-Sale Beer and Wine permit, and Modification 03-09 to Planned Unit Development 80-02 to re-occupy a vacant commercial building at 1299 South Harbor Boulevard.

No City resources/funding is required for this proposal.

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.

The property is designated Community Shopping Center 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.