03-06-17 CUP PATAGONIA EMPANADAS RESTAURANT 2279 N. TUSTIN STREET
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Vidal F. Márquez
Assistant Planner
SUBJECT
PUBLIC HEARING: Conditional Use Permit (CUP) 3030-16 – Patagonia Empanadas Restaurant,
2279 N. Tustin Street
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 beverages at an existing restaurant (Patagonia
Empanadas). There is outdoor patio dining proposed as part of this application.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 06-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3030-16 AUTHORIZING THE SALE OF
ALCOHOLIC BEVERAGES (TYPE 41 LICENSE – ON-SALE
BEER AND WINE-EATING PLACE) AT A RESTAURANT
LOCATED AT 2279 N. TUSTIN STREET
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 6, 2017
Planning Commission Staff Report
CUP 3030-16 Patagonia Empanadas
March 6, 2017
Page 2
PUBLIC NOTICE
On February 23, 2017, the City sent a Public Hearing Notice to a total of 235 property owners and
occupants within a 300-foot radius of the project site. The project site 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 licensing the sale of alcoholic beverages at an existing
restaurant.
PROJECT BACKGROUND
Applicant: George Taverna of Patagonia Empanadas
Property Owner: J.E.T. Development, L.P.
Property Location: 2279 N. Tustin Street
Existing General Plan
Land Use Element designation:
General Commercial (GC)
Existing Zoning
Classification:
Limited Business-Tustin Redevelopment Project Area
(C-TR)
Old Towne: No
Specific Plan/PC: No
Site Size: 42,000 SF lot; 15,855 SF building
Circulation: N. Tustin Street at E. Village Way
Existing conditions: The site is developed with a single story multi-tenant
commercial building with a surface parking lot.
Surrounding land uses
and Zoning:
Commercial uses along N. Tustin Street, residential uses
to the east
Previous
Applications/Entitlements:
N/A
PROJECT DESCRIPTION
Alcoholic Beverage Control Type 41 License
The applicant proposes to serve beer and wine at an existing dine-in Argentinean restaurant
(Patagonia Empanadas) under a State Alcohol and Beverage Control (ABC) Type 41 License. The
tenant area is approximately 1,200 square feet. Seating is provided for a maximum of 30 customers;
all seating is provided at tables. There is no bar area or related seating but outdoor seating is existing.
The applicant proposed to enclose the area with a metal fence. The hours of operation are Tuesday
Planning Commission Staff Report
CUP 3030-16 Patagonia Empanadas
March 6, 2017
Page 3
through Thursday 9:00 AM to 8:00 PM, Friday and Saturday 9:00 AM to 9:00 PM, Sunday 9:00 AM
to 5:00 PM and closed Mondays. The applicant’s letter of explanation is included in Attachment 3 of
this report.
The subject site is located along the north Tustin Street commercial corridor. 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. The tenant is located
within the in-line commercial building. There is one entrance and exit at the front of the restaurant.
The building is setback 15 feet to the easterly adjacent residential property with a 5 foot high block
wall between them.
Development Standards
No changes are proposed to the lot size, building square footage, building height, or parking 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.
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. Based on their experiences and analysis
with the restaurant business in this location the Orange Police Department supports the application.
Given the location of the restaurant along a major commercial corridor, within a commercial zone,
Planning Staff also recommends approval of the application. However, three issue items were
identified for this project, and analysis is provided below.
Planning Commission Staff Report
CUP 3030-16 Patagonia Empanadas
March 6, 2017
Page 4
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 restaurant’s entrance (See Attachment 4 - Planning
Commission Evaluation Map).
Existing Licenses
Establishment Name License Type Address
Famous Dave’s BBQ 41 2214 N. Tustin Street
Chipotle Mexican Grill 47 2202 N. Tustin Street
Target 21 2191 N. Tustin Street
Oggies Pizza Express 41 1500 E. Village Way
Red Robin Gourmet Burgers 47 1500 E. Village Way
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, 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
Multiple Family Condominiums 2295 N. Tustin Street 40 feet
Mobile Home Park 1831 E. Meats Street 440 feet
Issue 3: 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 case-
by-case basis to ensure that such sales will not adversely affect surrounding residents, businesses, and
Planning Commission Staff Report
CUP 3030-16 Patagonia Empanadas
March 6, 2017
Page 5
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 not over-concentrated with alcohol licenses:
Alcohol Licenses
Existing Allowed
On-Sale Licenses 2 6
Off-Sale Licenses 3 2
RD 77S is 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 Orange Police Department Analysis
Memo and Recommendation (Attachment 5) states that 412 crimes were reported in RD 77s in 2015.
The average reported number of crimes per district citywide was 73; RD 77S had 464% more reported
crimes than the average RD in the City:
Crime Statistics
Census Tract
Reported Crimes
Citywide Average
Reported Crimes
Percent Difference
412 73 464%
According to OPD statistics, a total of 181 arrests were made in RD 77S and 7 were related to alcohol,
including Driving Under the Influence, Minor Possessing Alcohol, Disorderly Conduct/Alcohol and
Drinking in Public. Majority of crimes occurred across the street from the restaurant west of Tustin
Street and there were no reported crimes at Patagonia Empanadas or the commercial property where
it is located.
OPD supports the applicant’s request for a Type 41 license because the restaurant is located in an area
that is not over-concentrated with ABC licenses, in spite of the high-crime rate designation for the
reporting district. OPD believes that because the license is in conjunction with a bona fide restaurant
it will not create an undue burden on public safety resources and have an adverse impact on the
surrounding community. Attachment 5 provides additional details related to the analysis prepared by
OPD.
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.
Planning Commission Staff Report
CUP 3030-16 Patagonia Empanadas
March 6, 2017
Page 6
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution PC 06-17
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. Site and Floor Plan received January 30, 2017
CC: George Taverna
Patagonia Empanadas
2060 Applegate Cr.
Corona, CA 92882
Georgetaverna@mac.com
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