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