Cha Cha’s Latin Kitchen, represented by Don Myers, is requesting a Plan Review (PR) and amendment to Conditional Use Permit (CUP) No. 98-17 to allow exterior façade improvements, 1,950 square foot dining room expansion and 160 square foot outdoor dining patio expansion to an existing restaurant (Cha Cha’s Latin Kitchen) with alcohol sales at 110 West Birch Street #7, in the MU-I (Mixed-Use) Zone.

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,

2.    Approve Plan Review No. 21-03 to permit exterior façade improvements based on the project plans submitted (Attachment E), subject to the recommended conditions of approval (Attachment B) and based on the findings and conclusions in the attached resolution (Attachment A).; and,

3.    Approve Amendment to CUP No. 98-17 (CUP No. 21-02 for tracking purposes) to permit an expansion of an existing restaurant with alcoholic beverage sales, subject to the recommended conditions of approval (Attachment B) and based on the findings and conclusions in the attached resolution (Attachment A).

BACKGROUND

The project site is located at 110 West Birch Street, directly south of the intersection of Birch Street and Walnut Avenue, within Downtown Brea. Downtown Brea is located within the Mixed-Use Zone and Brea Towne Plaza Specific Plan that offers a wide range of uses including but not limited to restaurants, specialty retail and professional office uses. Downtown Brea is a pedestrian-oriented area, and the proposed project will continue to provide a dining experience compatible with surrounding by uses that include restaurants with service of alcohol beverages, retail, personal and professional services.

 In November 1998, the Planning Commission approved CUP No. 98-17 to allow the on-site sales of alcoholic beverages in conjunction with a restaurant per Resolution No. PC 98-50 (Attachment C). The current restaurant, Cha Cha’s Latin Kitchen, offers a menu including a wide range of Latin cuisine and beverage. Cha Cha’s Latin Kitchen is an approximately 4,300 square-feet restaurant with an existing 1,327 square foot wrap-around outdoor dining patio. The existing outdoor dining patio has an existing Encroachment License Permit that was recorded in April 2014. The current hours of operation for Cha Cha’s Latin Kitchen are Monday thru Thursday from 11:30 A.M.to 10:30 P.M., Friday thru Saturday from 11:30 A.M. to 11:30 P.M., and Sunday from 11:00 A.M. to 10:30 P.M.

PROJECT DESCRIPTION
 

Cha Cha’s Latin Kitchen is proposing to expand their business into a vacant 1,950 square foot tenant space next door (previously operated as a retail clothing store) for additional dining area, a 160 square foot outdoor dining patio expansion and façade improvement (Attachment D). Exhibit 1 below provides an illustration of the existing adjacent tenant space.  


 

DISCUSSION
Plan Review
Pursuant to Brea City Code (BCC) Section 20.258.010.F, façade improvements when visible from a public right of way are allowed subject to Director approval of a PR. Since the PR was included with the CUP amendment request, the PR has been elevated to Planning Commission review. The proposed façade improvements, as depicted in Exhibit 2 below, would include a new awning over the proposed 160 square foot outdoor patio expansion, upgrades to the existing awning and alterations to storefront. In addition, a backlit decorative metal wall screen would run along the top of the building façade. Any new signage would be subject to the signage criteria for Downtown Brea, as noted in Draft Condition of Approval No. i (Attachment B). The proposed façade improvements would have minimal changes to the overall massing of the building. The decorative metal wall screens along the top of the building façade would enhance the architectural details that are highlighted by backlighting. The Downtown Brea criteria encourages outdoor dining areas that are appropriate to the pedestrian experience. The proposed façade improvements are consistent with the criteria for Downtown Brea.




Conditional Use Permit
Pursuant to the BCC Section 20.258.010.F, restaurants with alcohol sales are allowed in the MU-I Zone subject to Planning Commission approval of a CUP. In November 1998, CUP No. 98-17 approved the on-site sales of alcoholic beverages. Due to the expansion of the existing restaurant, an amendment to the existing CUP is required. New openings would be created between both spaces that lead into additional customer dining, restrooms, a storage area and management office. As a result, a reconfiguration of the existing restaurant area proposed an expanded bar area and private dining room (Attachment E). Exhibit 3 depicts the proposed expansion floor area.




Being situated in Downtown Brea, proposed expansion would be complementary to the existing land uses. The project is not proposing any new building area and the proposed project area would be adequate to accommodate the proposed restaurant expansion. The restaurant is located within the Downtown Brea parking district that has several parking structures made available to patrons visiting Downtown Brea. The streets and highways in the vicinity are designed to accommodate the traffic generated by the proposed expansion.

Staff has proposed Conditions of Approval (Attachment B) for the project. A Notable condition of approval require that the service of alcoholic beverages is incidental to the food service and the operation of a bona fide restaurant (Attachment B - Draft Condition of Approval No.  e). In addition, the approved use shall operate within all applicable State, County and City regulations governing the sale of consumption of alcoholic beverages (Attachment B - Draft Condition of Approval No.  c). No entertainment is proposed at this time. Any entertainment would require review of an Entertainment Permit Application by the Hearing Officer (Attachment B - Draft Condition of Approval No.  j).

With the draft conditions of approval, the expansion of the existing restaurant would not be detrimental to the surrounding uses in Downtown Brea, and would provide a unique customer dining experience. The proposed expansion would be consistent with the goals and policies of the Downtown Brea Focus Areas of the General Plan. The existing restaurant is located within Downtown Brea that is situated to accommodate the traffic generated by the proposed project. Based on the proposed operations in relation to the expansion of the existing restaurant with alcohol service, staff does not anticipate any negative impacts to adjacent properties.

PUBLIC NOTICE AND COMMENTS