10-16-17 CUP BLAZE PIZZA 139 N. Tustin Street #3
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 (CUP) No. 3051-17 – Blaze Pizza, 2139 N. Tustin
Street #3
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 (Blaze Pizza) at 2139 N. Tustin Street
#3. An outdoor dining area is proposed as part of this application.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 29-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3051-17 AUTHORIZING THE SALE OF
ALCOHOLIC BEVERAGES (TYPE 41 LICENSE - BEER AND
WINE) AT A RESTAURANT WITH OUTDOOR DINING
LOCATED AT 2139 N. TUSTIN STREET #3
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 alcoholic beverages.
Planning Commission
Agenda Item
October 16, 2017
Planning Commission Staff Report
CUP 3051-17 Blaze Pizza
October 16, 2017
Page 2
PUBLIC NOTICE
On October 5, 2017, the City sent a Public Hearing Notice to a total of 149 property owners and
occupants within a 300-foot radius of the project site. The project site premises 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 the operation and licensing of a restaurant in an existing
private structure that does not expand the existing structure or use. There is no environmental public
review required for a Categorical Exemption.
PROJECT BACKGROUND
Applicant: Team Blaze, Reza Medali
Representative: Kevin Franklin
Property Owner: Ridgeway Real Estate LP
Property Location: 2139 N. Tustin Street #3
Existing General Plan
Land Use Element designation:
General Commercial (GC)
Existing Zoning
Classification:
Commercial – Tustin Redevelopment Project Area (C-
TR)
Old Towne: N/A
Specific Plan/PC: No
Site Size: 2,884 SF tenant space with ~338 SF outdoor dining patio
Circulation: Tustin Street and Meats Avenue
Existing conditions: The site is developed with a single story commercial
building, located in a larger commercial center with
other similar commercial buildings representing a mix of
retail and restaurant uses, including Target.
Surrounding land uses
and Zoning:
Directly adjacent properties also General Commercial
(GC) land use designation and Commercial – Tustin
Redevelopment Project Area (C-TR) zoning
designation.
The site is located in a shopping center anchored by
Target. Surrounding development consists of in-line
shopping center tenants to the north, south, and east. Pad
retain tenants at the Village at Orange are located across
Tustin Street to the west.
Planning Commission Staff Report
CUP 3051-17 Blaze Pizza
October 16, 2017
Page 3
Previous
Applications/Entitlements:
N/A
PROJECT DESCRIPTION
Alcoholic Beverage Control Type 41 License
The applicant proposes to serve beer and wine at a new quick service pizza restaurant (Blaze Pizza)
under a State Alcohol and Beverage Control (ABC) Type 41 License. The tenant space is
approximately 2,884 SF square feet. Seating is being provided for 98 customers- 82 seats within the
tenant space and an additional 16 outdoor patio spaces. The proposed hours of operation are 10 AM
to 12 AM seven days a week. The applicant’s letter of justification is included in Attachment 3 for a
more comprehensive business description. A menu is provided as Attachment 6 and a floor is
provided as Exhibit A.
The subject site is located in north Orange at the corner of Tustin Street and Meats Avenue, within
the shopping center anchored by Target and across the street from the Village at Orange. The space
was formerly occupied by Payless Shoes. 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.
Development Standards
No changes are proposed to the lot size, building square footage, building height, or parking. The
applicant has proposed to add a 338 SF outdoor dining patio at the front entrance to the restaurant.
Staff conducted a parking analysis of the commercial center where the restaurant is located and
determined that there is currently a surplus of parking, such as the additional outdoor dining patio
does not require any additional parking spaces be added to the property.
At this time the applicant has also proposed to provide a shuffleboard table for the use of restaurant
patrons. The table is free of charge and not coin operated. Pursuant to OMC Section 17.18.060,
business may have up to three amusement devices, so long as they are inside the store and in view of
store employees.
APPLICATION(S) REQUESTED/REQUIRED FINDINGS
Conditional Use Permit: The applicant is requesting a Conditional Use Permit to serve beer and
wine at a restaurant (The Patio) 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.
Planning Commission Staff Report
CUP 3051-17 Blaze Pizza
October 16, 2017
Page 4
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: Alcoholic Beverage Control (ABC) Type 41 License
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
Zena’s Lebanese Cuisine 41 2094 N. Tustin Street
Trader Joe’s #46 21 2114 N. Tustin Street
CVS Pharmacy #5749 21 2138 N. Tustin Street
Bobby D’s Mexican Restaurant 41 2139 N. Tustin Street #1
Colleary’s Bistro 41 2143 N. Tustin Street #A6-7
Okazu Ramen House 41 2143 N. Tustin Street #1
Arnone’s Little Italy 47 2143 N. Tustin Street #7
Target 21 2191 N. Tustin 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
Orange-Villa Bible Church 1820 E. Meats Avenue 400 feet
Orange Mobile Home Park 1931 E. Meats Avenue 430 feet
Serrano Woods (Multi-family
Residences)
Park Lane/Highland Street/Del Mar
Avenue
400 feet
Planning Commission Staff Report
CUP 3051-17 Blaze Pizza
October 16, 2017
Page 5
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
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 under-concentrated for on-sale alcohol licenses,
but over-concentrated for off-sale licenses:
Alcohol Licenses
Existing Allowed
On-Sale Licenses 4 6
Off-Sale Licenses 2 3
RD 77S is also 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 OPD Memo (Attachment 5
– Orange Police Department Analysis Memo and Recommendation) states that 259 crimes were
reported in RD 77S in 2016. In 2016, the average reported number of crimes per district citywide was
68; RD 77S had 281% more reported crimes than the average RD in the City:
Crime Statistics
Census Tract
Reported Crimes
Citywide Average
Reported Crimes
Percent Difference
259 68 281%
According to OPD statistics, the majority of crimes reported (80%) took place across the street at the
Village at Orange, and included activity such as assault and battery, petty theft, grand theft, burglary,
and domestic violence. A total of 97 arrests were made in RD 77S in 2016. 6 of those arrests were
related to alcohol, as follows:
Planning Commission Staff Report
CUP 3051-17 Blaze Pizza
October 16, 2017
Page 6
Alcohol Related Arrests in RD 77S in 2016
Arrest Total
Driving Under the
Influence (CVC 23152)
3
Public Intoxication (PC
647(f))
1
Minor in Possession of
Alcohol (B&P 25662)
1
OMC violation for public
intoxication or possession
1
OPD does not oppose the applicant’s request for a Type 41 license. The restaurant is located in an
area that is not over-concentrated with ABC licenses, and though it is located in a high-crime rate
area, the majority of crimes are not related to alcohol. OPD also took into consideration that the
applicant currently operated another Blaze Pizza location at 101 South Glassell Street in the Old
Towne Plaza. OPD in-house records show that the business has not been a burden on law enforcement
resources.
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 29-17
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. Floor Plan received August 22, 2017
CC: Kevin Franklin
30408 Olympic Street
Castaic, CA 92663
Reza Medali
Team Blaze
3210 E. Abbey Lane
Orange, CA 92862
Planning Commission Staff Report
CUP 3051-17 Blaze Pizza
October 16, 2017
Page 7