Loading...
03-05-18 CUP Urth Caffe-100 W. Chapman Ave TO: Chair Glasgow and Members of the Planning Commission THRU: Anna Pehoushek Assistant Community Development Director FROM: Marissa Moshier Historic Preservation Planner SUBJECT PUBLIC HEARING: Conditional Use Permit No. 3055-17 – Urth Caffe, 100 W. Chapman Avenue 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 (Urth Caffe) in the Plaza. RECOMMENDED ACTION Adopt Planning Commission Resolution No. PC 06-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3055-17 FOR THE SALE OF BEER AND WINE UNDER A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE WITHIN A NEW RESTAURANT AT 100 W. CHAPMAN AVENUE 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 alcohol beverages. Planning Commission Agenda Item March 5, 2018 Planning Commission Staff Report CUP 3055-17 Urth Caffe March 5, 2018 Page 2 PUBLIC NOTICE On February 22, 2018, the City sent a Public Hearing Notice to a total of 155 property owners and occupants within a 300-foot radius of the project site. The project site was also posted in one location 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 licensing the sale of alcoholic beverages at an existing restaurant and results in negligible or no expansion of use beyond that existing at the time of the City’s determination. PROJECT BACKGROUND Applicant: Urth Caffe Associates VIII, LLC Property Owner: Urth Old Towne Development Property Location: 100 W. Chapman Avenue Existing General Plan Land Use Element designation: Old Towne Mixed Use 15 Existing Zoning Classification: Old Towne Mixed Use 15 Old Towne: Yes Specific Plan/PC: No Site Size: 9,986 SF two-story building Circulation: Pedestrian access from Chapman Avenue and Glassell Street Existing conditions: The site is developed with a historic two-story brick commercial building, which is being converted to a ground floor restaurant and upper floor offices. The building is a contributor to the Plaza Historic District. Surrounding land uses and Zoning: The site in the southwest quadrant of the Plaza. Surrounding properties to the north, south, and east are located within the Old Towne Mixed Use zones and include a mix of commercial uses and residential uses. Properties located to the west and southwest are located within the Residential Multiple Family (R-2-6) zones and consist of residential uses. Previous Applications/Entitlements: DRC No. 4803-15 approved by the Design Review Committee for rehabilitation of the historic building. Planning Commission Staff Report CUP 3055-17 Urth Caffe March 5, 2018 Page 3 PROJECT DESCRIPTION Alcoholic Beverage Control Type 41 License Urth Caffe is a new restaurant located in the ground floor of a historic commercial building in the Plaza Historic District that has been undergoing rehabilitation. The rehabilitation is scheduled to be completed and the restaurant opened in April 2018. The applicant is requesting to serve beer and wine at the restaurant under a State Alcoholic Beverage Control (ABC) Type 41 License. The restaurant operates with counter service, where patrons order at the counter and seat themselves at tables. Servers then bring orders to seated customers. There will be 156 interior seats in the restaurant. An additional 61 seats will be located in a patio in a private alley on the south side of the building and at tables on the north side of the building along the Chapman Avenue elevation. These patio areas will not be enclosed, so alcohol cannot be served in the outdoor dining areas under the requirements of the State Department of Alcoholic Beverage Control. The request for the ABC License is for the service and consumption of alcohol on the interior of the restaurant only. The applicant’s letter of justification is included in Attachment 3. Floor plans are provided as Exhibit A. The subject site is located within the Plaza Historic District. 100 West Chapman Avenue is located in a two-story commercial building in the southwest quadrant of the Plaza. Restaurants are permitted by right in the Old Towne Mixed Use 15 (OTMU-15) 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, or building height as part of this application. Therefore, a comparison of the building to existing development standards has not been conducted. APPLICATION(S) REQUESTED/REQUIRED FINDINGS Conditional Use Permit: The applicant is requesting a Conditional Use Permit to serve beer and wine at a restaurant 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. 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. Planning Commission Staff Report CUP 3055-17 Urth Caffe March 5, 2018 Page 4 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 Alcohol beverage sales are a customary accessory use for many restaurants, complementary to the primary use. The subject property does not currently have an ABC licensed establishment and it will be the first Type 41 ABC on-sale license for a restaurant on this site. Based on the overconcentration of existing ABC Licenses in the Plaza and their experience with the higher than average crime rate in the Reporting District, the Orange Police Department opposes the application. Three issue items were identified for this project, and analysis is provided below. 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 Jalapenos Grill 41 154 N. Glassell Street Zito’s Pizza 41 156 N. Glassell Street Old Towne Thai 41 152 N. Glassell Street O’Hara’s Pub 48 150 N. Glassell Street Smoqued BBQ 41 128 N. Glassell Street Citrus City Grille 47 122 N. Glassell Street Pandor 41 106 N. Glassell Street Tokyo Café 41 161 N. Glassell Street The Pizza Press 41 153 N. Glassell Street Burger Parlor 47 149 N. Glassell Street Provisions Market 41 141-3 N. Glassell Street The Wall 41 106 N. Glassell Street Watson’s 47 116 E. Chapman Avenue Elks Lodge Orange 57, 58 211 E. Chapman Avenue Blaze Pizza 41 101 S. Glassell Street Gabbi’s Mexican Kitchen 47, 58 141 S. Glassell Street Haven Gastropub 47, 58 190 S. Glassell Street Blue Frog 41 136 S. Glassell Street Francoli’s 21, 47, 58 100 S. Glassell Street Felix Continental Café 41 36 Plaza Square Byblos Café 41 129 W. Chapman Avenue Paul’s Cocktails 48 207 W. Chapman Avenue Rod’s Plaza Beverage Store 21 118 W. Chapman Avenue Planning Commission Staff Report CUP 3055-17 Urth Caffe March 5, 2018 Page 5 District Lounge 48 223 W. Chapman Avenue Wahoo’s Fish Tacos 47 234 W. Chapman Avenue Vacant 41 238 W. Chapman Avenue Taco Adobe 40 121 N. Lemon 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 Multi-Family Residences 38 Plaza Square 50 feet Multi-Family Residences 77 Plaza Square 400 feet Multi-Family Residences 152 N. Olive Street 500 feet Son Light Christian Center 172 N. Glassell Street 600 feet Multi-Family Residences 210 N. Olive Street 600 feet Senior Center 170 S. Olive Street 600 feet Multi-Family Residences 173 S. Lemon Street 600 feet 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) 22E. 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 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. The Orange Police Department’s (OPD) Vice Unit reviewed the proposal and found that the subject property is located in an area that is over-concentrated with alcohol licenses: Alcohol Licenses Existing Allowed On-Sale Licenses 13 8 Off-Sale Licenses 4 3 Planning Commission Staff Report CUP 3055-17 Urth Caffe March 5, 2018 Page 6 RD 22E is also considered a higher than average 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 109 crimes were reported in RD 22E in 2016. In 2016, the average reported number of crimes per district citywide was 68; RD 22E had 60% more reported crimes than the average RD in the City: Crime Statistics Census Tract Reported Crimes Citywide Average Reported Crimes Percent Difference 109 68 60% According to OPD statistics, a total of 109 arrests were made in RD 22E in 2016. 32 of those arrests were related to alcohol, as follows: Alcohol Related Arrests in RD 22E in 2016 Arrest Total Driving Under the Influence (CVC 23152) 25 Public Intoxication (PC 647(f)) 4 Possession Open Container While Driving (CVC 23222(A)) 2 Alcoholic Container in Vehicle (CVC 23223 (B)) 1 OPD does not support the applicant’s request for a Type 41 license because the restaurant is located in an area that is over-concentrated with ABC license and has a higher than average crime rate. OPD also expressed concerns that the restaurant is in close proximity to several establishments with Type 48 (Public Premises) Licenses, including Paul’s Cocktails and The District Lounge. OPD believes that the license would create an undue burden on public safety resources and have an adverse impact on the surrounding community. The attached OPD Analysis Memo and Recommendation (Attachment 5) provides additional details related to the analysis prepared by OPD. Planning Staff acknowledges OPD’s concerns, but from a land use perspective, the Plaza is intended to function as a shopping and dining destination area and the alcohol use in conjunction with a restaurant is appropriate and expected for the area. OPD’s required Conditions of Approval are included in draft Resolution PC No. 06-18 (Attachment 1) and should regulate the service of alcohol under the ABC Type 41 and reduce the potential for the impacts to the surrounding community and burdens on public safety resources. Planning Commission Staff Report CUP 3055-17 Urth Caffe March 5, 2018 Page 7 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 06-18 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. Site and Floor Plan received August 29, 2017 CC: Urth Caffe Associates VIII, LLC 451 S. Hewitt Street Los Angeles, CA 90013-2215 Alcoholic Beverage Specialists Steve Rawlings 26023 Jefferson Ave., Suite B Murrieta, CA 92562 N:\CDD\PLNG\Applications\Conditional Use Permits\CUP 3055-17 Urth Caffe ABC Type 41\CUP 3055-17 PC Staff Report.Docx