09-18-17 Time Extension Woody's Diner ABC License-2145 W. Chapman Ave.
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: Time Extension (TEX) No. 2-17 – Woody’s Diner Type 47 ABC License,
2145 W. Chapman Avenue
SUMMARY
The applicant is requesting a one year time extension of the approval for Conditional Use Permit No.
2980-15, authorizing an Alcoholic Beverage Control (ABC) Type 47 License (General On-Sale
Alcohol – Eating Place) to serve alcoholic beverages at 2145 W. Chapman Avenue.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 26-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE APPROVING A ONE YEAR TIME
EXTENSION FOR CONDITIONAL USE PERMIT NO. 2980-15
AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES
(TYPE 47 LICENSE – GENERAL ON-SALE ALCOHOL) AT A
RESTAURANT LOCATED AT 2145 W. CHAPMAN AVENUE
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Section 17.08.060 authorizes the Planning Commission to review
and take action on extensions for previously approved applications.
Planning Commission
Agenda Item
September 18, 2017
Planning Commission Staff Report
TEX No. 2-17 Woody’s Diner
September 18, 2017
Page 2
PUBLIC NOTICE
Pursuant to OMC Section 17.08.060, no public notice is required for this request because no
conditions or other requirements are being added, deleted, or modified.
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 granting an extension of time to use a permit for alcohol
sales and involves no expansion of use beyond that existing at the time of the lead agency’s
determination. There is no environmental public review required for a Categorical Exemption.
PROJECT BACKGROUND
Applicant: Erik Johnson, Woody’s Diner
Property Owner: JKK Partners, LLC
Property Location: 2145 W. Chapman Avenue
Existing General Plan
Land Use Element designation:
General Commercial (GC)
Existing Zoning
Classification:
General Business (C-2)
Old Towne: No
Specific Plan/PC: No
Site Size: 12,947 SF
Circulation: W. Chapman Avenue at N. Steven Street
Existing conditions: Vacant
The site was developed with a 3,366 SF single story
restaurant building with a parking lot until April 2016, at
which time the building was demolished during site
work initiated as part of what was to be a major
restaurant renovation.
Surrounding land uses
and Zoning:
Commercial uses along W. Chapman Avenue,
residential uses to the north
Previous
Applications/Entitlements:
N/A
Planning Commission Staff Report
TEX No. 2-17 Woody’s Diner
September 18, 2017
Page 3
PROJECT DESCRIPTION
Conditional Use Permit No. 2980-15
On September 9, 2015 the Planning Commission approved Planning Commission Resolution No. 24-
15, a request from Woody’s Diner to serve alcoholic beverages under a State Alcohol and Beverage
Control (ABC) Type 47 License.
Time Extension Request
Due to delays in the permitting and construction process for the restaurant, the applicant is requesting
a one year time extension of their CUP for alcoholic beverage sales in order to complete the review
process for a new restaurant building on the site. The new restaurant will have the same or smaller
square footage than the original restaurant building. The applicant’s letter of explanation is included
as Attachment 3 of this report.
APPLICATION(S) REQUESTED/REQUIRED FINDINGS
Time Extension: The applicant is requesting a time extension of Conditional Use Permit No. 2980-
15, authorizing the applicant to serve beer, wine, and liquor at a restaurant (Woody’s Diner) under an
Alcoholic Beverage Control (ABC) Type 47 License.
There are no required findings for a time extension. However, the applicant is required to submit a
request in writing that should explain the extenuating circumstances that have delayed construction
or use of the land use entitlement for consideration by the body that originally approved the
entitlement.
ANALYSIS/STATEMENT OF THE ISSUES
Issue #1 Project Construction Delays
The applicant, Woody’s Diner, is request a one year time extension of CUP NO. 2980-15 due to
delays in the construction and permitting on their restaurant at the subject property.
Originally the applicant intended to undertake a remodel to the existing restaurant building, formerly
known as Pasta Connection. On January 28, 2016 the Community Development Director approved
Administrative Design Review No. 37-15 for a substantial interior and exterior remodel of the
restaurant. The applicant subsequently applied for building permits to undertake the approved work.
However, on April 15, 2016 city staff was informed by the Building Division that the applicant’s
contractor had completely demolished the restaurant building, with no foundation or walls left
standing. A stop work order was issued for the project. The applicant was informed that because the
building had been entirely demolished that a new development application would need to be filed for
Planning Commission Staff Report
TEX No. 2-17 Woody’s Diner
September 18, 2017
Page 4
construction of a new building, and the new building would need to comply with all current code
requirements.
On December 22, 2016 the applicant filed a new application for review of a new restaurant building
at the subject property, Design Review No. 4895-16, Minor Site Plan No. 894-16 and Administrative
Adjustment No. 251-16. On February 16, 2017 staff provided a comment letter to the applicant’s
design team. The applicant has periodically been in touch with staff since the letter was sent to provide
updates on the status of the revised project design, but no resubmittal has been submitted at this time.
The applicant has also worked with the Code Enforcement Division to ensure the construction site is
properly secured in the meantime.
It is the opinion of staff that as long as work continues to progress on the new design review and
minor site plan review that a one year time extension can be granted pursuant to OMC Section
17.08.060. Any future extensions will require further approval by the Planning Commission under a
separate application.
ADVISORY BOARD RECOMMENDATION
No advisory board review occurred for this application.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution No. PC 26-17
2. Applicant Letter of Justification
3. CUP No. 2890-15 Planning Commission Staff Report dated 9.9.2015
4. Planning Commission Resolution No. PC 24-16 approved 9.9.2015
CC: Erik Johnson
Woody’s Diner
3130 W. Harvard Street
Santa Ana, CA 92704
ejohnson@americancoolingtower.com
N:\CDD\PLNG\Applications\Conditional Use Permits\CUP 2980-15 Woody's Diner\TEX\TEX No. 2-17 Staff Report dated 9.18.2017_REVISED.docx