11-06-17 CUP Emporio Sushi Y Mariscos Restaurant 150 S. Hewes Street, Units 101& 102
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. 3050-17 – Emporio Sushi y Mariscos Restaurant,
150 S. Hewes Street, Units 101& 102
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 with an outdoor patio
(Emporio Sushi y Mariscos).
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 28-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3050-17 AUTHORIZING THE SALE OF
ALCOHOLIC BEVERAGES (TYPE 41 LICENSE – ON-SALE
BEER AND WINE-EATING PLACE) AT A RESTAURANT
WITH AN OUTDOOR DINING PATIO LOCATED AT 150 S.
HEWES STREET UNITS 101 & 102
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
November 6, 2017
Planning Commission Staff Report
CUP 3050-17 Emporio Sushi
November 6, 2017
Page 2
PUBLIC NOTICE
On October 27, 2017, the City sent a Public Hearing Notice to a total of 102 property owners and
occupants within a 300-foot radius of the project site. The project site was also posted in one location
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 and results in negligible or no expansion of use beyond that existing at the time of the
City’s determination.
PROJECT BACKGROUND
Applicant: Hernan A. Uriarte of Emporio Sushi y Mariscos
Property Owner: Martinez Family Trust c/o AIM Properties
Property Location: 150 S. Hewes Street, Units 101 & 102
Existing General Plan
Land Use Element designation:
General Commercial (GC)
Existing Zoning
Classification:
Limited Business (C-1)
Old Towne: No
Specific Plan/PC: No
Site Size: 12,500 SF lot; 3,565 SF building
Circulation: Site access off south Hewes Street
Existing conditions: The site is developed with a freestanding single story
multi-tenant commercial building with a surface parking
lot.
Surrounding land uses
and Zoning:
Surrounding properties to the north, south, and east are
located within the Limited Business (C-1) zone and
include a mix of commercial uses and residential uses.
Properties located to the west and southwest are located
within the Residential Multiple Family (R-2-6) zones
and consist of residential uses.
Previous
Applications/Entitlements:
N/A
Planning Commission Staff Report
CUP 3050-17 Emporio Sushi
November 6, 2017
Page 3
PROJECT DESCRIPTION
Alcoholic Beverage Control Type 41 License
Emporio Sushi y Mariscos is a family owned Mexican seafood restaurant that has been operating for
two years at 150 S. Hewes Street. The applicants now propose to serve beer and wine at the dine-in
restaurant under a State Alcohol and Beverage Control (ABC) Type 41 License. The tenant area is
approximately 1,824 square feet. Seating is provided for a maximum of 54 customers; all seating is
provided at tables and booths. There is no bar area or related seating but there is an existing outdoor
patio with seating for 9 patrons enclosed by a wrought iron fence and gate. The hours of operation
are Sunday through Friday 10:00 AM to 11:00 PM, and Saturday 9:00 AM to midnight. The
applicant’s letter of justification is included in Attachment 3 of this report.
The subject site is located near the east Chapman Avenue commercial corridor in the El Modena
neighborhood. Restaurants are permitted by right in the C-1 zoning district, and the subject site
conforms to all applicable development standards for operation of a restaurant in the location. The
tenant is located within a small in-line commercial building fronting Hewes Street. There is one main
entrance and two exits at the front of the restaurant. The building is setback 5 feet from the westerly
adjacent residential property, with a 6 foot high block wall between them and is abutting the recently
constructed Encore Hewes senior apartments to the north.
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.
Planning Commission Staff Report
CUP 3050-17 Emporio Sushi
November 6, 2017
Page 4
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 on this site. Based on their experiences and
analysis with the restaurant business in this location the Orange Police Department does not oppose
the application. Given the location of the restaurant adjacent to a major commercial corridor, within
a commercial zone, Planning Staff recommends approval of the application. However, three issue
items were identified for this project, and analysis is provided below.
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
Albertson’s Grocery Store 21 4550 E. Chapman Ave
Red Carpet Liquors 21 4536 E. Chapman Ave
Moreno’s Restaurant 41 4328 E. Chapman Ave
Bagel Me (Former White Tortilla) 41 4420 E. Chapman Ave
Ostioneria Bahia 41 4429 E. Chapman Ave
La Morenita Market 20 4304 E. Washington Ave
7-Eleven 20 4427 E. Chapman Ave
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
Encore Hewes senior apartments 140 S. Hewes Street 0 feet
Planning Commission Staff Report
CUP 3050-17 Emporio Sushi
November 6, 2017
Page 5
Multiple-Family Residential uses
to the west, southwest and south
of project site
Various properties 110 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) 44n. 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 not over-concentrated with alcohol licenses:
Alcohol Licenses
Existing Allowed
On-Sale Licenses 4 10
Off-Sale Licenses 5 4
RD 44n is considered a low crime area. (High-crime is considered 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 76 crimes were reported in RD 44n in 2016. The
average reported number of crimes per district citywide was 68; RD 44n had 12% above the average
reported crimes than the average within all reporting districts in the City:
Crime Statistics
Reporting District
Reported Crimes
Citywide Average
Reported Crimes
Percent Difference
76 68 12% above average
According to OPD statistics, a total of 50 arrests were made in RD 44n and 18 were related to alcohol,
including Driving under the Influence and Drinking in Public. The majority of crimes that occurred
were commercial burglary, petty theft, grand theft and burglary. There were no reported crimes at
Emporio Sushi y Mariscos or the commercial property where it is located.
OPD does not oppose the applicant’s request for a Type 41 license if the applicant withdraws live
entertainment from the application. The applicant has provided a letter of withdrawal for live
Planning Commission Staff Report
CUP 3050-17 Emporio Sushi
November 6, 2017
Page 6
entertainment (Attachment 3). Also the restaurant is located in an area that is not over-concentrated
with on-sale ABC licenses and is in a low-crime rate 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.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution PC 28-17
2. Vicinity Map
3. Applicant Letter of Justification and Photos
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 June 21, 2017
CC:
Hernan A. Uriarte
Emporio Sushi
150 S. Hewes St. Units 101 & 102
Orange, CA 92869
urihernan@gmail.com
Carlos A. Guaman
El Triunfo Corporation
1415 E. 17th Street Suite 260
Santa Ana, CA 92705
cguaman@eltriunfo.com
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