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  Agenda Item   6.    
Planning Commission
Meeting Date: 10/26/2021  

Amendment to Conditional Use Permit No. 12-08 (CUP No. 2021-12 for tracking purposes) to allow an expansion of the service of beer and wine to an outdoor patio area at an existing restaurant located at 2435 E. Imperial Highway, Unit A, within the Birch Hills Specific Plan (BHSP) zone.

The Applicant, Mountain Mike’s Pizza, is requesting an amendment to Conditional Use Permit (CUP) No. 12-08 (CUP No. 2021-12 for tracking purposes) to allow an expansion of a “Type 41” liquor license to serve beer and wine at an approximately 321 square-foot newly added outdoor patio area of an existing restaurant at 2435 E. Imperial Hwy, Unit A, in the Birch Hills Specific Plan (BHSP) zone. A “Type 41” liquor license authorizes bona fide restaurants, where the predominant function is the service of food, to sell beer and wine for consumption on or off the premises.


The Applicant’s request herein may be referred to as the “Project”.

Staff recommends that the Planning Commission take the following actions:
  1. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1, Existing Facilities) and;
  1. Approved Amendment to CUP No. 12-08 (CUP No. 2021-12 for tracking purposes) to allow an expansion of the service of beer and wine at a newly added outdoor patio area of an existing restaurant, based on the findings and conclusions in the attached resolution (Attachment A) and subject to the recommended conditions of approval (Attachment B).

The Project is located at 2435 E. Imperial Hwy, Unit A within the Brea Union Plaza, northwest of the intersection of Kraemer Boulevard and Imperial Highway, as shown in Exhibit 1 below. The Brea Union Plaza is located within the BHSP zone, which provides for a wide variety of retail stores and restaurants.

On May 22, 2012, the Planning Commission approved CUP No. 12-08 to allow retail sales of beer and wine with a “Type 41” liquor license per Resolution No. PC 12-13 (Attachment C). During the approval of the alcohol license, the restaurant did not feature an outdoor patio and restricted alcohol sales to the interior of the restaurant.
On May 19, 2021, the Planning Division reviewed and approved Plan Review No. 2021-04 to allow an approximately 321 square-foot patio expansion, comprised of wood and steel railings, and façade improvements at the project site (Attachment D). The applicant proceeded to obtain a building permit for the proposed work and the building permit was finalized on September 13, 2021. Exhibit 2 below shows an image of the completed work.

The applicant, Mountain Mike’s Pizza, currently occupies an approximately 2,000 square-foot tenant space that includes an approximately 321 square-foot adjacent outdoor dining area (Attachment E). Mountain Mike’s Pizza offer a large selection of classic and specialty pizzas, wings, salads, and beverages (Attachment F). The current hours of operation for Mountain Mike’s Pizza are Sunday through Thursday from 11:00 A.M. to 9:00 P.M. and Friday through Saturday from 11:00 A.M. to 10:00 P.M.
The Project would allow the Applicant to expand the service of beer and wine to the outdoor patio area adjacent to the restaurant. Exhibit 3 below, provides an illustration of the restaurant’s floor area outlined in blue, and the outdoor patio area outlined in red.

Conditional Use Permit
Pursuant to the development regulations and procedures of the BHSP zone, restaurants with alcohol sales are allowed subject to Planning Commission approval of a Conditional Use Permit. In order to serve beer and wine within the new patio expansion, an amendment to CUP No. 12-08 (CUP No. 2021-12) is required.
The Brea Union Plaza is comprised of retail, restaurant, and commercial uses including two restaurants with on-sale of beer and wine and one retail store with an off-sale general license. The Project anticipated to generate any impacts to residents as the nearest residential neighborhood is approximately 500 feet south of the property. Additionally, the surrounding streets in the vicinity are designed to accommodate the traffic generated by the proposed use.
Staff has proposed new draft conditions of approval pertaining to the service of beer and wine in the outdoor patio and also included the previous Conditions of Approval from CUP No. 12-08. Notable conditions include:
  • Condition No. g requires the approved use to operate within all applicable State, County, and local regulations.
  • Condition No. i requires the service of beer and wine to be incidental to the foodservice and operation of a bona fide restaurant.
  • Condition No. m states no entertainment, music or dancing is allowed on the premise unless the proper entertainment permit is obtained from the City, which would be subject to the City’s Noise Ordinance.
The proposed CUP would provide additional outdoor dining areas in the city and would not be harmful to the public health, safety, and welfare of the City with the incorporated Conditions of Approval.

The project was noticed in accordance with the City’s public noticing requirements, which involved mailed notices within 500 feet of the project site and publication in the local paper (Attachment G). As of the writing of this report, staff has not received any public comment.
The Project would conform with all the requirements of the General Plan and the provisions of the BCC. The proposed Project would not have an adverse effect on the public, health, safety, or general welfare. Therefore, staff recommends approval of the Project.
The project has been assessed in accordance with the CEQA guidelines, and the environmental regulations of the City. The Project qualifies for a Class 1 Categorical Exemption (Existing Facilities) in accordance with the requirements of Section 15301 of the State CEQA guidelines. This exemption is applicable to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, involving negligible or no expansion of existing or former use. The proposed Project involves the expansion of alcoholic beverage service to an outdoor dining area, which is considered a minor expansion to the operation of a private facility.
Jason Killebrew, City Planner
Prepared by: Sergio Heredia-Melchor, Administrative Clerk II
A. Draft Resolution
B. Conditions of Approval Summary
C. Resolution No. PC 12-08
D. Plan Review No. 2021-04 Approval Letter
E. Project Plans
F. Mountain Mike's Pizza Menu
G. Public Hearing Notice
H. Technical Background
I. Vicinity Map

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