The Applicant, Rohit Bhatia, is requesting to modify the hours of operation of the R-Banquet facility and to allow for alcoholic beverages within the outdoor seating area. The subject property is located on the north side of Whittier Boulevard between Kirby Drive and Citrus Drive. The General Plan Land Use designation is Highway Commercial. The property is zoned Commercial (C-2) which is consistent with the General Plan.

On July 23, 2018, the Planning Commission approved Design Review 18-06 for a building addition, facade and onsite improvements and Conditional Use Permit 18-09 to operate a restaurant/banquet facility with live entertainment and Conditional Use Permit 18-11 for a Type 47 On-Sale General ABC License.  On February 21, 2019, a building permit was issued for the building addition and onsite improvements. The facility received a Certificate of Occupancy on February 11, 2020.
 

The subject property is improved with a 9,400 square foot restaurant/banquet facility located near the southwest corner of the property near the Whittier Boulevard street frontage. The facility also includes an outdoor seating area partially enclosed with a 3 foot high white vinyl fence located at the southeast corner of the facility near the main entrance to the building.

Based on the conditions of approval of both CUP 18-09 and CUP 18-11 the facility is currently limited to the following hours of operation: Monday to Thursday from 11:00 a.m. to 11:00 p.m., Friday and Saturday from 11:00 a.m. to 12:00 midnight and Sunday from 11:00 a.m. to 10:00 p.m. The Applicant is requesting to modify both CUP's to extend the banquet hours of operation to: Monday to Thursday from 11:00 a.m. to 12:00 midnight and Friday to Sunday from 11:00 a.m. to 1:00 a.m. According to the Applicant, the requested hours will be applicable in rare occasions when requested by a customer. Also, the extended hours will allow for some flexibility for those private events that may deviate from the schedule and run later than anticipated.

During the beginning of the COVID-19 pandemic, restaurants within the City where provided with the ability to obtain an outdoor dining permit, which was processed as an administrative permit with no processing fees. The permit authorized the creation of temporary outdoor dining areas to allow restaurant operators to remain open by utilizing outdoor seating. The Applicant was granted an outdoor dining permit on June 30, 2020, to allow the restaurant to open and allow restaurant customers to dine outside as CUP 18-09 was approved for the operation of a restaurant and banquet facility.

The Department of Alcoholic Beverage Control (ABC) in response to COVID-19 issued Notices of Regulatory Relief that suspended enforcement of certain alcohol related services on a temporary basis. Included was the authorization for an Expansion of Licensed Footprint and the creation of the COVID-19 Temporary Catering Authorization Permit. With the Expansion of Licensed Footprint measure, ABC authorized the consumption of alcohol in conjunction with meals to take placed within approved outdoor dining areas.  

With the City issued outdoor dining permit and ABC's regulatory relief program, the Applicant was allowed to provide alcoholic beverages within the outdoor seating area even though Resolution 18-17 approved for CUP 18-11, for a Type 47 On-Sale General ABC License, included a condition requiring all alcohol sales and consumption to take placed within the building.  ABC's regulatory relief program will cease by the end of the year, therefore, as part of the Modification request, the Applicant is requesting to remove project specific condition No. 8 from Resolution 18-17 to allow for the consumption of alcoholic beverages within the outdoor seating area on a permanent basis.

The requested Modification applications involve minor alterations to the conditions of approval of Resolution No. 18-16 for CUP 18-09 approved for the operation of a restaurant/banquet facility with live entertainment and Resolution No. 18-17 for CUP 18-11 approved for a Type 47 On-Sale General ABC License. Both resolutions contain the same condition that limits the hours of operation of the facility. Also, Resolution No. 18-17 includes a condition that prohibits alcohol outside the building.

According to the Applicant, in 2020 there was a total of 13 events held within the banquet facility and from January 2021 to June 2021 there have been a total of 46 events held within the banquet facility. According to the La Habra Police Department, there have been three (3) calls for service from February 2020 to present.

During the 16 months since the facility has been in operation and with a combined total of 59 events held within the banquet facility, there have not been any noise complaints filed. The calls for service have been minimal with no arrests or citations made. Therefore, in an attempt to assist local businesses affected by COVID-19, staff is recommending approval of the modified hours and to allow for alcohol consumption within the outdoor seating area with the addition of new conditions. The new conditions include, a re-review by the Planning Commission within approximately five months. It is anticipated that within the five-month time frame and with the COVID-19 restrictions being lifted, staff will be able to obtain a complete track record of the facility's operations. In the event that the facility were to receive excessive calls for service with confirmed issues related to the facility's operations, the project will then be scheduled for a public hearing at a later date, with the recommendation to rescind and revoke both Modification requests and reinstate the original hours of operation or possibly include additional mitigation measures.

 
Upon an onsite inspection of the property, it was discovered that the Applicant had placed a freestanding patio and decorative overhead lighting within the landscape planter located near the rear of the property. The Applicant indicated that the use of the structure is only decorative. Based on its size (10x12), it is not subject to a building permit. However, a building permit is required for the overhead/decorative lighting located near the freestanding patio and near the outdoor seating area. It should be noted, that a condition has been added to prohibit any event activities on or near the subject freestanding patio cover. A condition has also been included that requires the Applicant to obtain an electrical permit for the overhead lighting.