Planning Commission Agenda Item TO: THRU: FROM: Chair Glasgow and Members of the Planning Commission Anna Pehoushek Assistant Community Development Director Kelly Christensen Ribuffo Associate Planner SUBJECT PUBLIC HEARING: Conditional Use Permit No. 3043-17 Alberton s Type 86 Alcoholic Beverage Control License (8440 E. Chapman Avenue) SUMMARY A request for a Conditional Use Permit (CUP) to establish a Type 86 Alcoholic Beverage Control License to allow instructional tasting of alcohol in addition to an existing Type 21 License for offsite sale of alcohol at an existing Albertson s grocery store. RECOMMENDED ACTION Adopt Planning Commission Resolution No. PC 14-17 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3043-17, A REQUEST FOR AN ALCOHOLIC BEVERAGE CONTROL TYPE 86 LICENSE (INSTRUCTIONAL TASTING) LOCATED AT 8440 E. CHAPMAN AVENUE AUTHORIZATION/GUIDELINES Orange Municipal Code (OMC) Section 17.10.030 authorizes the Planning Commission to review and take action on Conditional Use Permits. A Conditional Use Permit is required for an ABC license. The final determination by the Planning Commission on these applications may be
Page 2 appealed to the City Council pursuant to the time periods and requirements established in the OMC for appeals. PUBLIC NOTICE On July 7, 2017, the City sent a Public Hearing Notice to a total of 240 property owners/tenants within a 300-foot radius of the project site. The project site was also posted in two locations with the notification on that same date. ENVIRONMENTAL REVIEW Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 Existing Facilities) because the project consists of the operation and licensing of an existing retail store. There is no public review required. PROJECT BACKGROUND Applicant: Property Owner: Property Location: Existing General Plan Land Use Element designation: Existing Zoning Classification: Old Towne: Redevelopment Project Area: Specific Plan/PC: Site Size: Circulation: Existing conditions: Surrounding land uses and Zoning: Kevin Le, Courtney + Le Architects Albertson s 8440 E. Chapman Avenue General Commercial (GC) Planned Community (P-C) No No Yes; Upper Peters Canyon Specific Plan 47,742 SF tenant space The Albertson s site is located between E. Chapman Avenue to the north and Jamboree Road to the east. The grocery store is located within a larger commercial shopping center. The site is currently improved with a multi-tenant retail shopping center, which includes the Albertson s grocery store and other commercial tenants. North Public Institution (P-I); Santiago Canyon College East Planned Community (P-C); commercial shopping center South Planned Community (P-C); Single family Residential West Planned Community (P-C); Multi-family Residential
Page 3 Previous Applications/Entitlements: On July 6, 1992, the Planning Commission approved Conditional Use Permit No. 1973-92, approving the site plan for a new shopping center including two fast food restaurants, a car wash, and alcoholic beverage sales for a new supermarket and drugstore. PROJECT DESCRIPTION Albertson s has been in business at its current location since November 1993. The store was originally approved for a Type 21 general off-sale alcohol license as part of the larger development of the shopping center and store. The original Planning Commission resolution of approval is included as Attachment 4 of this report. No specific conditions of approval for alcohol sales were imposed as part of the approval. Albertson s is requesting a Conditional Use Permit, which allows for the instructional tasting of alcoholic beverages. This site is located within a predominately residential area of the city, within a large commercial shopping venter. Albertson s currently sells alcohol between the hours of 6:00 AM to 10:00 PM. as permitted by the State. Albertson s stated that tastings will generally be hosted by third party companies. The tasting events will generally be held in the liquor department of the store, which is approximately 1500 SF in size. Events may be held in locations adjacent to the department depending on available floor space. Tasting events are limited between the hours of 12:00 PM and 8:00 PM Thursdays and Fridays, and 11:00 AM 7:00 PM Saturdays and Sundays. Events will be scheduled in four hour blocks, with a maximum of one even per day as permitted by ABC regulations. The instructional tasting area is separated by a rope, cable, or other temporary barrier and is typically about 8 feet by 10 feet. An example of a tasting area setup is provided by the applicant as Attachment 3 of this report. The State limits the number and size of the portions that may be provided to a customer. The limits are as follows: Beer: Tasting will be limited to a maximum of eight (8) ounces of beer per person per day. Wine: A single tasting will be limited to a maximum of one (1) ounce. Tastings will be limited to three (3) tastings per person per day. Distilled Spirits: A single tasting will be limited to a maximum of one-fourth (1/4) of one (1) ounce. Tastings will be limited to three (3) tastings per person per day. Development standard review for the site is not applicable because no new building area is proposed.
APPLICATION(S) REQUESTED/ REQUIRED FINDINGS Page 4 Conditional Use Permit: The applicant is requesting a Conditional Use Permit for a Type 86 ABC license (Instructional Tasting) for an existing 47,742 sq. ft. grocery store within an existing shopping center. Required Findings: 1. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community. 2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. 4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. ANALYSIS/STATEMENT OF THE ISSUES Issue 1: Existing Licenses within 600 feet of the Site For information purposes, staff identified the following facilities selling alcoholic beverages that are located within a 600-foot proximity to the retail establishment s entrance (see Attachment 6). Existing Licenses Establishment Name License Type Address Chen s Panda Type 41 On-sale beer & wine license 8422 E. Chapman Avenue The Planning Division has also received a request to establish a Type 20 Off-Sale ABC license for the Santiago Hills Auto Spa, located at 8544 E. Chapman Avenue. This application is currently under review. Issue 2: Sensitive Receptors The OMC requires a Conditional Use Permit for the sale of alcoholic beverages to ensure there will be no adverse impact on surrounding land uses or allow the availability of alcoholic beverages to minors. When reviewing alcohol permits, the Zoning Ordinance details specific land uses that are sensitive to alcohol activities, but does not establish any specific distances for these uses. The State Alcoholic Beverage Control Board investigation requires applicants to identify the sensitive land uses within 600 feet of the site. There are sensitive receptors in the vicinity of the subject property:
Page 5 Sensitive Receptors Establishment Name Address Distance To Project Site Multi-family Residential Royal Oak Drive 200 feet Single Family Residential White Oak Ridge 100 feet Santiago Canyon Community College E. Chapman Avenue 500 feet The selling of alcoholic beverages from the project site is not anticipated to have an adverse impact on sensitive land uses for the following reasons: Residential properties are located within 600 feet of the subject business. However, the residences do not have direct access to the project site and the sales of alcohol would an accessory to non-alcoholic retail grocery products. Santiago Canyon Community College is located across Chapman Avenue from the shopping center. It is a closed campus with direct access to the project site. Issue 3: Census Tract Alcohol and Crime Statistics Information The Orange Police Department s Vice Unit reviewed the proposal and did not have any objections to the issuance of a Conditional Use Permit for a Type 86 Instructional Tasting License. Should the Planning Commission approve the proposal, the Orange Police Department recommends conditions based on the City s Security Standards (see Attachment 5). The Police Department reports that the business is proposed within a census tract that is considered over concentrated with on-sale ABC licenses and has met the limit for off-sale licenses as follows: Alcohol Licenses Existing Allowed On-Sale Licenses 10 7 Off-Sale Licenses 3 3 The ABC establishes an over concentration of alcohol licenses based on the average of alcohol licenses versus the population in a given census tract. However, the ABC and the City recognize that licenses should be reviewed on a case-by-case basis to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions and to ensure that any such use operates in a manner compatible with existing and future adjacent uses. Strong consideration was given to the manner in which the business has been operated, the manner in which it conducts its security, and that it has not created a nuisance to the community or a burden on police services in its previous years of operation. Furthermore, the Albertson s currently has an ABC Type 21 Off-Sale General License; the requested Type 86 Instructional Tasting
Page 6 License is only an addition to the existing Type 21 ABC license and does not add a new license to the census tract. Census tracts are defined as small geographical areas established by local committees and approved by the Census Bureau, which contain a population segment with relatively uniform economic and social characteristics and clearly identifiable boundaries averaging approximately 1,200 households. The Orange Police Department s Vice Unit reviewed the proposal and has provided a memo stating that current crime figures in Census Tract Reporting District 164 are as follows: Crime Statistics Census Tract Crimes Citywide Average Crimes Percent Difference 25 68 63% below average In reviewing police activity at the location in question, the majority of activity dealt with theft related reports/arrests, such as petty theft, grand theft, forgery, and grand theft auto. There were only two arrests in the reporting district in 2016, both related to driving under the influence of alcohol. In the same period Albertson s had no reported crimes and seven calls for service. The subject property is in a census tract considered a low crime area. Therefore, the census tract concentration level and crime statistics do not hinder a request for an additional alcohol license in the area. ADVISORY BOARD RECOMMENDATION None required. ATTACHMENTS/EXHIBITS Attachments to Report: 1. Planning Commission Resolution No. PC 14-17 2. Vicinity Map 3. Applicant Letter of Justification and Site Photographs 4. Existing Conditions of Approval Resolution No. PC 42-92 (CUP No. 1973-92) 5. Orange Police Department Memorandum with Recommended Conditions of Approval for CUP 3043-17, dated April 3, 2017 6. Planning Commission Evaluation Map Exhibits provided to the Planning Commission: A. Floor Plan date stamped July 6, 2017
Page 7 cc: Kevin Le Courtney + Le Architects 801 S. Myrtle Avenue Monrovia, CA 91016 administration@courtney-le-architects.com Christina Meza Albertson s/vons/pavilions 1421 S. Manhattan Avenue Fullerton, CA 92831 christina.meza@albertsons.com