07-17-17 CUP Albertson's 8440 E. Chapman Avenue
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Kelly Christensen Ribuffo
Associate Planner
SUBJECT
PUBLIC HEARING: Conditional Use Permit No. 3043-17 – Alberton’s Type 86 Alcoholic
Beverage Control License (8440 E. Chapman Avenue)
SUMMARY
A request for a Conditional Use Permit (CUP) to establish a Type 86 Alcoholic Beverage Control
License to allow instructional tasting of alcohol in addition to an existing Type 21 License for off -
site sale of alcohol at an existing Albertson’s grocery store.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 14-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3043-17, A REQUEST FOR AN ALCOHOLIC
BEVERAGE CONTROL TYPE 86 LICENSE
(INSTRUCTIONAL TASTING) LOCATED AT 8440 E.
CHAPMAN AVENUE
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Section 17.10.030 authorizes the Planning Commission to review
and take action on Conditional Use Permits. A Conditional Use Permit is required for an ABC
license. The final determination by the Planning Commission on these applications may be
Planning Commission
Agenda Item
July 17, 2017
Planning Commission Staff Report
July 17, 2017
Page 2
appealed to the City Council pursuant to the time periods and requirements established in the OMC
for appeals.
PUBLIC NOTICE
On July 7, 2017, the City sent a Public Hearing Notice to a total of 240 property owners/tenants
within a 300-foot radius of the project site. The project site was also posted in two locations with
the 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 an existing retail
store. There is no public review required.
PROJECT BACKGROUND
Applicant: Kevin Le, Courtney + Le Architects
Property Owner: Albertson’s
Property Location: 8440 E. Chapman Avenue
Existing General Plan
Land Use Element designation:
General Commercial (GC)
Existing Zoning
Classification:
Planned Community (P-C)
Old Towne: No
Redevelopment Project Area: No
Specific Plan/PC: Yes; Upper Peters Canyon Specific Plan
Site Size: 47,742 SF tenant space
Circulation: The Albertson’s site is located between E. Chapman Avenue
to the north and Jamboree Road to the east. The grocery
store is located within a larger commercial shopping center.
Existing conditions: The site is currently improved with a multi-tenant retail
shopping center, which includes the Albertson’s grocery
store and other commercial tenants.
Surrounding land uses
and Zoning:
North – Public Institution (P-I); Santiago Canyon College
East – Planned Community (P-C); commercial shopping
center
South – Planned Community (P-C); Single family
Residential
West – Planned Community (P-C); Multi-family
Residential
Planning Commission Staff Report
July 17, 2017
Page 3
Previous
Applications/Entitlements:
On July 6, 1992, the Planning Commission approved
Conditional Use Permit No. 1973-92, approving the site
plan for a new shopping center including two fast food
restaurants, a car wash, and alcoholic beverage sales for a
new supermarket and drugstore.
PROJECT DESCRIPTION
Albertson’s has been in business at its current location since November 1993. The store was
originally approved for a Type 21 general off-sale alcohol license as part of the larger development
of the shopping center and store. The original Planning Commission resolution of approval is
included as Attachment 4 of this report. No specific conditions of approval for alcohol sales were
imposed as part of the approval.
Albertson’s is requesting a Conditional Use Permit, which allows for the instructional tasting of
alcoholic beverages. This site is located within a predominately residential area of the city, within
a large commercial shopping venter. Albertson’s currently sells alcohol between the hours of 6:00
AM to 10:00 PM. as permitted by the State.
Albertson’s stated that tastings will generally be hosted by third party companies. The tasting
events will generally be held in the liquor department of the store, which is approximately 1500
SF in size. Events may be held in locations adjacent to the department depending on available floor
space. Tasting events are limited between the hours of 12:00 PM and 8:00 PM Thursdays and
Fridays, and 11:00 AM – 7:00 PM Saturdays and Sundays. Events will be scheduled in four hour
blocks, with a maximum of one even per day as permitted by ABC regulations. The instructional
tasting area is separated by a rope, cable, or other temporary barrier and is typically about 8 feet
by 10 feet. An example of a tasting area setup is provided by the applicant as Attachment 3 of this
report.
The State limits the number and size of the portions that may be provided to a customer. The limits
are as follows:
Beer: Tasting will be limited to a maximum of eight (8) ounces of beer per person per
day.
Wine: A single tasting will be limited to a maximum of one (1) ounce. Tastings will be
limited to three (3) tastings per person per day.
Distilled Spirits: A single tasting will be limited to a maximum of one-fourth (1/4) of one
(1) ounce. Tastings will be limited to three (3) tastings per person per day.
Development standard review for the site is not applicable because no new building area is
proposed.
Planning Commission Staff Report
July 17, 2017
Page 4
APPLICATION(S) REQUESTED/ REQUIRED FINDINGS
Conditional Use Permit: The applicant is requesting a Conditional Use Permit for a Type 86
ABC license (Instructional Tasting) for an existing 47,742 sq. ft. grocery store within an existing
shopping center.
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
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 retail establishment’s entrance (see Attachment 6).
Existing Licenses
Establishment Name License Type Address
Chen’s Panda Type 41 On-sale beer & wine license 8422 E. Chapman Avenue
The Planning Division has also received a request to establish a Type 20 Off-Sale ABC license for
the Santiago Hills Auto Spa, located at 8544 E. Chapman Avenue. This application is currently
under review.
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, the Zoning Ordinance 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 Board investigation requires applicants to identify the sensitive
land uses within 600 feet of the site. There are sensitive receptors in the vicinity of the subject
property:
Planning Commission Staff Report
July 17, 2017
Page 5
Sensitive Receptors
Establishment Name Address Distance To
Project Site
Multi-family Residential Royal Oak Drive 200 feet
Single Family Residential White Oak Ridge 100 feet
Santiago Canyon Community College E. Chapman Avenue 500 feet
The selling of alcoholic beverages from the project site is not anticipated to have an adverse impact
on “sensitive” land uses for the following reasons:
Residential properties are located within 600 feet of the subject business. However, the
residences do not have direct access to the project site and the sales of alcohol would an
accessory to non-alcoholic retail grocery products.
Santiago Canyon Community College is located across Chapman Avenue from the shopping
center. It is a closed campus with direct access to the project site.
Issue 3: Census Tract Alcohol and Crime Statistics Information
The Orange Police Department’s Vice Unit reviewed the proposal and did n ot have any objections
to the issuance of a Conditional Use Permit for a Type 86 Instructional Tasting License. Should
the Planning Commission approve the proposal, the Orange Police Department recommends
conditions based on the City’s Security Standards (see Attachment 5).
The Police Department reports that the business is proposed within a census tract that is considered
over concentrated with on-sale ABC licenses and has met the limit for off-sale licenses as follows:
Alcohol Licenses
Existing Allowed
On-Sale Licenses 10 7
Off-Sale Licenses 3 3
The ABC establishes an over concentration of alcohol licenses based on the average of alcohol
licenses versus the population 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.
Strong consideration was given to the manner in which the business has been operated, the manner
in which it conducts its security, and that it has not created a nuisance to the community or a
burden on police services in its previous years of operation. Furthermore, the Albertson’s currently
has an ABC Type 21 Off-Sale General License; the requested Type 86 Instructional Tasting
Planning Commission Staff Report
July 17, 2017
Page 6
License is only an addition to the existing Type 21 ABC license and does not add a new license to
the census tract.
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 approx imately
1,200 households.
The Orange Police Department’s Vice Unit reviewed the proposal and has provided a memo
stating that current crime figures in Census Tract Reporting District 164 are as follows:
Crime Statistics
Census Tract Crimes Citywide Average Crimes Percent Difference
25 68 63% below average
In reviewing police activity at the location in question, the majority of activity dealt with theft
related reports/arrests, such as petty theft, grand theft, forgery, and grand theft auto. There were
only two arrests in the reporting district in 2016, both related to driving under the influence of
alcohol. In the same period Albertson’s had no reported crimes and seven calls for service.
The subject property is in a census tract considered a low crime area. Therefore, the census tract
concentration level and crime statistics do not hinder a request for an additional alcohol license in
the area.
ADVISORY BOARD RECOMMENDATION
None required.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution No. PC 14-17
2. Vicinity Map
3. Applicant Letter of Justification and Site Photographs
4. Existing Conditions of Approval Resolution No. PC 42-92 (CUP No. 1973-92)
5. Orange Police Department Memorandum with Recommended Conditions of Approval for
CUP 3043-17, dated April 3, 2017
6. Planning Commission Evaluation Map
Exhibits provided to the Planning Commission:
A. Floor Plan date stamped July 6, 2017
Planning Commission Staff Report
July 17, 2017
Page 7
cc: Kevin Le
Courtney + Le Architects
801 S. Myrtle Avenue
Monrovia, CA 91016
administration@courtney-le-architects.com
Christina Meza
Albertson’s/Vons/Pavilions
1421 S. Manhattan Avenue
Fullerton, CA 92831
christina.meza@albertsons.com