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 (CUP) No. 3051-17 Blaze Pizza, 2139 N. Tustin Street #3 SUMMARY The applicant is requesting an Alcoholic Beverage Control (ABC) Type 41 License (On-Sale Beer and Wine Eating Place) to serve beer and wine at a new restaurant (Blaze Pizza) at 2139 N. Tustin Street #3. An outdoor dining area is proposed as part of this application. RECOMMENDED ACTION Adopt Planning Commission Resolution No. PC 29-17 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3051-17 AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES (TYPE 41 LICENSE - BEER AND WINE) AT A RESTAURANT WITH OUTDOOR DINING LOCATED AT 2139 N. TUSTIN STREET #3 AUTHORIZATION/GUIDELINES Orange Municipal Code (OMC) Section 17.30.030.C. and Table 17.08.020 authorize the Planning Commission to review and take action on Conditional Use Permits for eating establishments with the sale of alcoholic beverages.
Page 2 PUBLIC NOTICE On October 5, 2017, the City sent a Public Hearing Notice to a total of 149 property owners and occupants within a 300-foot radius of the project site. The project site premises was also posted in two locations with 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 a restaurant in an existing private structure that does not expand the existing structure or use. There is no environmental public review required for a Categorical Exemption. PROJECT BACKGROUND Applicant: Team Blaze, Reza Medali Representative: Kevin Franklin Property Owner: Ridgeway Real Estate LP Property Location: 2139 N. Tustin Street #3 Existing General Plan General Commercial (GC) Land Use Element designation: Existing Zoning Classification: Commercial Tustin Redevelopment Project Area (C- TR) Old Towne: N/A Specific Plan/PC: No Site Size: 2,884 SF tenant space with ~338 SF outdoor dining patio Circulation: Tustin Street and Meats Avenue Existing conditions: The site is developed with a single story commercial building, located in a larger commercial center with other similar commercial buildings representing a mix of retail and restaurant uses, including Target. Surrounding land uses and Zoning: Directly adjacent properties also General Commercial (GC) land use designation and Commercial Tustin Redevelopment Project Area (C-TR) zoning designation. The site is located in a shopping center anchored by Target. Surrounding development consists of in-line shopping center tenants to the north, south, and east. Pad retain tenants at the Village at Orange are located across Tustin Street to the west.
Page 3 Previous Applications/Entitlements: N/A PROJECT DESCRIPTION Alcoholic Beverage Control Type 41 License The applicant proposes to serve beer and wine at a new quick service pizza restaurant (Blaze Pizza) under a State Alcohol and Beverage Control (ABC) Type 41 License. The tenant space is approximately 2,884 SF square feet. Seating is being provided for 98 customers- 82 seats within the tenant space and an additional 16 outdoor patio spaces. The proposed hours of operation are 10 AM to 12 AM seven days a week. The applicant s letter of justification is included in Attachment 3 for a more comprehensive business description. A menu is provided as Attachment 6 and a floor is provided as Exhibit A. The subject site is located in north Orange at the corner of Tustin Street and Meats Avenue, within the shopping center anchored by Target and across the street from the Village at Orange. The space was formerly occupied by Payless Shoes. Restaurants are permitted by right in the C-TR zoning district, and the subject site conforms to all applicable development standards for operation of a restaurant in the proposed location. Development Standards No changes are proposed to the lot size, building square footage, building height, or parking. The applicant has proposed to add a 338 SF outdoor dining patio at the front entrance to the restaurant. Staff conducted a parking analysis of the commercial center where the restaurant is located and determined that there is currently a surplus of parking, such as the additional outdoor dining patio does not require any additional parking spaces be added to the property. At this time the applicant has also proposed to provide a shuffleboard table for the use of restaurant patrons. The table is free of charge and not coin operated. Pursuant to OMC Section 17.18.060, business may have up to three amusement devices, so long as they are inside the store and in view of store employees. APPLICATION(S) REQUESTED/REQUIRED FINDINGS Conditional Use Permit: The applicant is requesting a Conditional Use Permit to serve beer and wine at a restaurant (The Patio) under an Alcoholic Beverage Control (ABC) Type 41 License. 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.
Page 4 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: Alcoholic Beverage Control (ABC) Type 41 License 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 restaurant s entrance (See Attachment 4 - Planning Commission Evaluation Map). Existing Licenses Establishment Name License Type Address Zena s Lebanese Cuisine 41 2094 N. Tustin Street Trader Joe s #46 21 2114 N. Tustin Street CVS Pharmacy #5749 21 2138 N. Tustin Street Bobby D s Mexican Restaurant 41 2139 N. Tustin Street #1 Colleary s Bistro 41 2143 N. Tustin Street #A6-7 Okazu Ramen House 41 2143 N. Tustin Street #1 Arnone s Little Italy 47 2143 N. Tustin Street #7 Target 21 2191 N. Tustin Street 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, OMC 17.30.030 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 (ABC) Board investigation requires applicants to identify the sensitive land uses within 600 feet of the site. The following sensitive receptors are in the vicinity of the subject property: Sensitive Receptors Establishment Name Address Distance To Project Site Orange-Villa Bible Church 1820 E. Meats Avenue 400 feet Orange Mobile Home Park 1931 E. Meats Avenue 430 feet Serrano Woods (Multi-family Residences) Park Lane/Highland Street/Del Mar Avenue 400 feet
Page 5 Census Tract Alcohol and Crime Statistics Information 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 subject property is located in Reporting District (RD) 77S. The ABC determines the concentration of ABC licenses based on the average number of alcohol licenses per capita in a given census tract. However, the ABC and the City recognize that licenses should be reviewed on a caseby-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. The Orange Police Department s (OPD) Vice Unit reviewed the proposal and found that the subject property is located in an area that is under-concentrated for on-sale alcohol licenses, but over-concentrated for off-sale licenses: Alcohol Licenses Existing Allowed On-Sale Licenses 4 6 Off-Sale Licenses 2 3 RD 77S is also considered a high crime area, defined as any Reporting District with more than 20% above average reported crime for all Reporting Districts in the City. The OPD Memo (Attachment 5 Orange Police Department Analysis Memo and Recommendation) states that 259 crimes were reported in RD 77S in 2016. In 2016, the average reported number of crimes per district citywide was 68; RD 77S had 281% more reported crimes than the average RD in the City: Crime Statistics Census Tract Citywide Average Percent Difference Reported Crimes Reported Crimes 259 68 281% According to OPD statistics, the majority of crimes reported (80%) took place across the street at the Village at Orange, and included activity such as assault and battery, petty theft, grand theft, burglary, and domestic violence. A total of 97 arrests were made in RD 77S in 2016. 6 of those arrests were related to alcohol, as follows:
Page 6 Alcohol Related Arrests in RD 77S in 2016 Arrest Driving Under the Influence (CVC 23152) Public Intoxication (PC 647(f)) Minor in Possession of Alcohol (B&P 25662) OMC violation for public intoxication or possession Total 3 1 1 1 OPD does not oppose the applicant s request for a Type 41 license. The restaurant is located in an area that is not over-concentrated with ABC licenses, and though it is located in a high-crime rate area, the majority of crimes are not related to alcohol. OPD also took into consideration that the applicant currently operated another Blaze Pizza location at 101 South Glassell Street in the Old Towne Plaza. OPD in-house records show that the business has not been a burden on law enforcement resources. ADVISORY BOARD RECOMMENDATION No advisory board review occurred for this application because the Planning Division and Police Department, Vice Division are the responsible departments for reviewing alcohol permit requests. ATTACHMENTS/EXHIBITS Attachments to Report: 1. Planning Commission Resolution PC 29-17 2. Vicinity Map 3. Applicant Letter of Justification 4. Planning Commission Evaluation Map 5. Police Department Analysis Memo and Recommendation 6. Menu Exhibits provided to the Planning Commission: A. Floor Plan received August 22, 2017 CC: Kevin Franklin 30408 Olympic Street Castaic, CA 92663 Reza Medali Team Blaze 3210 E. Abbey Lane Orange, CA 92862
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