Loading...
HomeMy WebLinkAboutSR - APP-0540-15 - ALCOHOL LICENSE & OUTDOOR DINING PERMIT 80 PLAZA SQUAREpP ORa . yicn"r°Ri�8 9 AGENDA ITEM July 14, 2015 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto Interim City Manager FROM: William Crou Community Development Director Reviewed/Verified B City Manager Finance Directo To Be Presented By: Marissa Moshier, Associate Planner — Historic Preservation Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Cmtes X Public Hrgs Admin Reports Plan/Environ 1. SUBJECT APPEAL HEARING:. Appeal No. 540 -15 - An appeal of the Planning Commission decision to approve Conditional Use Permit No. 2967 -14 and Outdoor Dining Permit No. 06 -15 for a restaurant at 80 Plaza Square. 2. SUMMARY An appeal by Old Towne Preservation Association of a decision by the Planning Commission (PC) to approve Conditional Use Permit (CUP) No. 2967 -14 for a State of California, Department of Alcoholic Beverage Control, Type 41 License (On -Sale Beer and Wine — Eating Place) and Outdoor Dining Permit No. 06 -15 for a 34 seat outdoor dining area in the northeast quadrant of the Plaza at a restaurant located at 80 Plaza Square. 3. RECOMMENDED ACTION Motion on Appeal No. 540 - 15 4. FISCAL IMPACT Potential minor sales tax gains from alcoholic beverage and restaurant sales. 5. STRATEGIC PLAN GO 1(d). Provide for a safe community; assure the development of the City occurs in a fashion that maximizes public safety. 6. GENERAL PLAN IMPLEMENTATION Public Safety Element Goal 7.0 Improve community safety and reduce opportunities for criminal activity. ITEM 1L a 7/14/2015 Policy 7.5 Maximize security of public spaces, recreation facilities, and new development by encouraging complementary uses that support a safe environment. Land Use Element Goal 5.0 Maintain and enhance the vibrant, transit- accessible, pedestrian - friendly, and livable character of Old Towne's neighborhoods and commercial core. 7. DISCUSSION and BACKGROUND PS80 Partners, LLC submitted a Land Use Project Application requesting approval of a Conditional Use Permit (CUP) for an Alcoholic Beverage Control (ABC) Type 41 License (On- Sale Beer and Wine — Eating Place) to serve beer and wine at a new restaurant (The Patio) in the Plaza Historic District. The restaurant interior is proposed to have 38 seats. The applicant also requested an Outdoor Dining Permit for 34 seats in the public right of way abutting the restaurant storefront and enclosed with a semi - permanent barrier to allow service of beer and wine. The request for an Outdoor Dining Permit also was referred to the Planning Commission for review and action in conjunction with the CUP. Alcohol service at the restaurant includes a self -serve tap wall serving craft beer and wine. When guests arrive at the restaurant, they will obtain a wristband imbedded with a wireless chip allowing them to self -pour from the tap wall. Employees will provide wristbands after confirming guests' ages, digitally scanning IDs, and pre- authorizing credit cards for a set dollar amount of beverages. The adhesive wireless chip in the wristband must be activated by an employee and cannot be reused by another patron. The wristband will allow guests to pour up to 16 to 40 ounces of wine or beer, depending on the alcohol content. The proposed outdoor dining area is located in the corner of the northeast quadrant of the Plaza, abutting the 80 Plaza Square storefront and the wall of the adjacent bank building at 101 E. Chapman Avenue. The proposed dining area is offset from the pink concrete triangular area provided in the Plaza to accommodate outdoor dining and obstructs the band of sidewalk that runs along the perimeter of the Plaza at the building edge. To comply with ABC requirements, the outdoor dining area must be enclosed with a barrier at least 36 inches in height. The following issues were discussed in the April 6, 2015 Planning Commission staff report (Attachment 4): 1. Existing Licenses within 600 feet of the Site 2. Sensitive Receptors 3. Census Tract Alcohol and Crime Statistics Information 4. Outdoor Dining Permit ITEM 7/14/2015 Planninz Commission Action On April 6, 2015, the Planning Commission held a public hearing to consider CUP No. 2967 -14 and ODP No. 06 -15. The Planning Commission considered the entire record, including all testimony and additional information offered at the public hearing. The Commission voted 3 -0 to approve CUP No. 2967 -14 and ODP No. 06 -15. The Planning Commission made the determination based on the findings and conditions in PC Resolution No. 11 -15 (Attachment 2). Public Comments There were four public speakers at the hearing, one representing Old Towne Preservation Association, in opposition to the project, two in favor, and one declined to state. 8. APPELLANT'S STATEMENT On April 30, 2015, Old Towne Preservation Association (OTPA) appealed the Planning Commission decision based on the statement provided in the appeal application (Attachment 2). The statement as received in Appeal No. 540 -15 is as follows: "1. The proposed project is inconsistent with OMC. 2. Planning staff recommended denial of this proposed project. 3. Orange Police Department recommended denial of the ABC CUP. 4. The proposed project will block access to public right of way which is the historic path of travel through the Plaza. 5. The proposed project is inconsistent with the other three designated dining areas within the Plaza District, sets an inappropriate precedent. 6. The proposed project conflicts with the adopted Plaza Design Collaborative plan. 7. The proposed project blocks access to the large bronze commemorative Centennial plaque imbedded in the concrete located in this corner of the Plaza. 8. The proposed project blocks access to a city utility box which also conflicts with the OMC. 9. The proposed project introduces outdoor alcohol sales and consumption in a designated dining area of the Plaza." OTPA and the applicant continue to discuss the issues regarding the proposal and appeal with the goal of arriving at a mutually acceptable compromise. Additional information may be forthcoming. 9. ATTACHMENTS Attachments to Report 1. Vicinity Map 2. Appeal No. 540 -15 3. Planning Commission Resolution No. PC 11 -15 4. Planning Commission Staff Report dated April 6, 2015 5. Planning Commission Minutes from Meeting of April 6, 2015 6. Orange Municipal Code Section 12.18 7. Plan approved by Planning Commission as Exhibit A, dated March 20, 2015 ITEM 7/14/2015 CC: Old Towne Preservation Association PS80 Partners, LLC Attn: Sandy Quinn Attn: Dan Martinez P.O. Box 828 439 E. Chapman Avenue Orange, CA 92856 Orange, CA 92866 ITEM 7/14/2015