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08-07-17 CUP Santiago Hills Auto Spa 8544 E. Chapman Avenue #A 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 No. 3040-17 – Santiago Hills Auto Spa, 8544 E. Chapman Avenue #A SUMMARY The applicant is requesting an Alcoholic Beverage Control Type 20 License (Off-Sale Beer and Wine) for off-site consumption and to make a finding of public convenience and necessity for an existing gas station/car wash convenience store. RECOMMENDED ACTION Adopt Planning Commission Resolution No. PC 18-17 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3040-17 AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES (TYPE 20 LICENSE – OFF-SALE BEER AND WINE) FOR OFF-SITE CONSUMPTION AND TO MAKE A FINDING OF PUBLIC CONVENIENCE AND NECESSITY FOR AN EXISTING GAS STATION/CAR WASH CONVENIENCE STORE LOCATED AT 8544 E. CHAPMAN AVENUE #A Planning Commission Agenda Item August 7, 2017 Planning Commission Staff Report CUP No. 3040-17 Santiago Hills Auto Spa August 7, 2017 Page 2 AUTHORIZATION/GUIDELINES Orange Municipal Code (OMC) Table 17.08.020, Section 17.30.030.C and 17.30.030.D authorize the Planning Commission to review and take action on Conditional Use Permits for the retail sale of alcoholic beverages. PUBLIC NOTICE On July 27, 2017, the City mailed a Public Hearing Notice to a total of 787 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 retail sale of alcoholic beverages at an existing gas station/car wash convenience store and involves negligible or no expansion of an existing use beyond that existing at the time of the lead Agency’s determination. PROJECT BACKGROUND Applicant: Jay Ganjineh, Santiago Hills Auto Spa Property Owner: Nick Nodoust, Santiago Hills Development, LLC Property Location: 8544 E. Chapman Avenue #A Existing General Plan Land Use Element designation: General Commercial (GC) Existing Zoning Classification: Planned Community (PC) Old Towne: Not Applicable Specific Plan/PC: Upper Peters Canyon Specific Plan Site Size: 2,878 SF tenant space Circulation: The gas station/car wash and convenience store is on the southwest corner of East Chapman Avenue and Jamboree Road with access to the property provided by three curb cuts, one off East Chapman Avenue and two off Jamboree Road. Chapman Avenue and Jamboree are designated as major arterials and based on the General Plan this intersection is considered a ‘Critical Intersection’. Existing conditions: The site is currently improved with a multi-tenant retail shopping center, which includes Alberton’s grocery Planning Commission Staff Report CUP No. 3040-17 Santiago Hills Auto Spa August 7, 2017 Page 3 store, Santiago Hills Auto Spa and other commercial tenants with a surface parking lot. Surrounding land uses and Zoning: North: Santiago Canyon College, Public Institution (PI) East: Open Space, Santiago Hills Reservoir, Planned Community (PC) South: Single Family Residences, Planned Community (PC) West: Multi-Family Residences, Planned Community (PC) Previous Applications/Entitlements: Resolution No. 42-92 approved by the Planning Commission on July 6, 1992 for the approval of the commercial center with fast restaurants, car wash and alcohol sales for the market and drug store. PROJECT DESCRIPTION Alcoholic Beverage Control Type 20 License The applicant requests to sell beer and wine for off-site consumption under a State Alcohol and Beverage Control (ABC) Type 20 License within an existing gas station/car wash convenience store. The 2,878-square foot tenant space contains a Subway sandwich kiosk, display shelves of prepackaged food, medicine and dry goods, a cashier counter, office and storage area, coffee beverage area, restrooms and walk-in refrigeration coolers for various beverages including the proposed beer and wine beverages. The doors of these coolers are accessible to customers and will have locks on them to prevent customers from purchasing during prohibited hours. There are four entrances and exits in the convenience store, one primary double door facing the parking area and another side double door for car wash customers. The proposed hours of operation of the gas station and convenience store will be 24 hours with limited hours for alcohol sales between 6:00 AM-11:00 PM, 7 days a week. The applicant’s letter of explanation/justification is included in Attachment 3 of this report. The subject site is located at the southwest corner of East Chapman Avenue and Jamboree Road. The 71,718 sq. ft. commercial property is developed with multiple commercial buildings consisting of a carwash, convenience store, service facility, auto detail shop, gas canopy and surface parking area with a total of 45 parking stalls. The properties are independently owned lots and are integrated with the abutting ‘Santiago Hills Market Place’ commercial center to the west where reciprocal access between them exists. Retail convenience stores are permitted by right in the Planned Community district, but the retail sale of alcoholic beverages is permitted by issuance of a conditional use permit (CUP). Planning Commission Staff Report CUP No. 3040-17 Santiago Hills Auto Spa August 7, 2017 Page 4 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 sale beer and wine beverages for off-site consumption within a proposed convenience store under an ABC Type 20 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 Alcoholic beverage sales are a customary accessory use for many convenience stores, complementary to the primary use. The subject property does not currently have an ABC licensed establishment and it will be the first Type 20 ABC to sale beer and wine beverages for off-site consumption at this location. Based on its experiences and analysis with the proposed Santiago Hills Auto Spa business in this location, the Orange Police Department does not oppose the application. Given the location of the convenience store at a major commercial intersection within a commercial zone, Planning staff also recommends approval of the application. However, four issue items were identified for this project, and analysis is provided below. Planning Commission Staff Report CUP No. 3040-17 Santiago Hills Auto Spa August 7, 2017 Page 5 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 proposed convenience store’s entrance (See Attachment 4 - Planning Commission ABC Evaluation Map). Existing Licenses Establishment Name License Type Address Alberton’s Grocery 21, 86 (pending) 8440 E. Chapman Avenue Chens Panda 41 8422 E. Chapman Avenue Issue 2: Sensitive Receptors The OMC requires a CUP 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 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 Single Family Residences East White Oak Ridge 700 feet Multi-Family Residences Cross Creek Road 850 feet Santiago Canyon College 8415 E. Chapman Avenue 470 feet The selling of alcoholic beverages from the proposed location is not anticipated to have an adverse impact on these sensitive land uses because they are more than 400 feet from the business location and do not have direct access to the business. Issue 3: Census Tract Alcohol and Crime Statistics Information The Orange Police Department (OPD)’s Vice Unit reports that the proposed business within Census Tract 758.05 is over concentrated with on-sale and off-sale ABC licenses: Alcohol Licenses Existing Allowed On-Sale Licenses 10 7 Off-Sale Licenses 3 3 Planning Commission Staff Report CUP No. 3040-17 Santiago Hills Auto Spa August 7, 2017 Page 6 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 ABC establishes an over concentration of alcohol 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. This site is located at a significant commercial intersection in the City that is expected to have an over concentration of alcohol licenses due to a concentration of retail and gas/convenience stores that are commonly associated with major intersections. The existing off-sale licenses within the vicinity of the proposed location are Alberton’s grocery. Other existing off-sale licenses within the census tract but located west on East Chapman Avenue towards Newport Boulevard are Pacific Ranch Market and Orange Hill Liquor. If approved, the proposed Santiago Hills Auto Spa convenience store would be the 4th off-sale ABC license within this census tract. Crime Statistics The applicant is applying for an ABC license in a reporting district that is considered a low crime area as follows: Census Tract Reported Crimes Citywide Average Reported Crimes per District Percent Difference 25 68 63% below average The subject property is located in Reporting District (RD) 164. RD 164 is considered a low crime area. High crime areas are defined as any Reporting District with more than 20% above average reported crime for all Reporting Districts in the City. The average number of reported crimes per reporting district is 68. Additionally Reporting District 164 is ranked 61 out of 92 districts in the City, and is 63% below the average of reported crimes. According to OPD statistics in 2016, a total of 2 alcohol-related arrests were made in RD 164 for driving under the influence. OPD does not oppose the applicant’s request to obtain a Type 20 license because the proposed business is located in a low-crime area and in spite of the over-concentration in ABC licenses. OPD has given strong consideration based on the reputation of the applicant’s history as a responsible business owner and the area is considered low crime with only two alcohol related incidents . With the appropriate controls in security, video surveillance and employee training along with the conditions of approval, the proposed alcohol sales are not anticipated to create an undue burden on public safety resources or have an adverse impact on the surrounding community. Attachment 5 provides additional details related to the analysis prepared by OPD. Planning Commission Staff Report CUP No. 3040-17 Santiago Hills Auto Spa August 7, 2017 Page 7 Issue 4: Finding of Public Convenience or Necessity The ABC establishes an over concentration of alcohol licenses based on the average number 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. This site is located within a significant commercial intersection in the City of Orange and approving an additional license to sell beer and wine from this location will operate in a manner compatible with the retail operations of a convenience store and provide an expected service to both residents and visitors to this area of the City. The ABC is requesting the Planning Commission to make a finding of public convenience or necessity. The Planning Commission may find that the sale of beer and wine for off-site consumption within a proposed gas station/car wash convenience store is an appropriate accessory use to the sale of non-alcoholic retail products and is a service typically expected by the public. In addition, the proposal is not anticipated to have adverse impacts to the neighboring land uses since a retail convenience store use is compatible with mixed commercial uses within the area. Should the project be approved, a draft letter to the ABC finding that the project merits favor based on public convenience or necessity is provided for the Commission Chair’s signature (Attachment 6). 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 No. PC 18-17 2. Vicinity Map 3. Applicant Letter of Justification and Site Photographs 4. Planning Commission Evaluation Map 5. Orange Police Department Memo and Recommendation, dated April 18, 2017 6. Draft Letter to ABC for Finding of Public Convenience or Necessity Exhibits provided to the Planning Commission: A. Site and Floor Plan received April 12, 2017 Planning Commission Staff Report CUP No. 3040-17 Santiago Hills Auto Spa August 7, 2017 Page 8 CC: Lisa Edwards PO Box 4332 Huntington Beach, CA 92605 planitlisa@yahoo.com Jay Ganjineh Santiago Hills Auto Spa 8544 E. Chapman Avenue #A. Orange, CA 92869 ganjineh2000@yahoo.com Nick Nodoust Santiago Hills Development, LLC 8544 E. Chapman Avenue #A. Orange, CA 92869 nicknodoust@sbcglobal.net N:\CDD\PLNG\Applications\Conditional Use Permits\CUP 3040-17 Santiago Hills Auto Spa ABC Type 20\PC\CUP 3040-17 PC Staff Report Draft.Docx