12-18-17 CUP Cadnicks 76 Station - 684 S. Glassell
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Robert Garcia
Senior Planner
SUBJECT
PUBLIC HEARING: Conditional Use Permit No. 3003-16 – Cadnicks 76 Service Station,
located at 684 S. Glassell Street.
SUMMARY
The applicant is requesting a new Alcoholic Beverage Control (ABC) Type 20 (Off-Sale Beer &
Wine) License to allow the sale of beer and wine alcoholic beverages for off premise
consumption at a new approved convenience store.
RECOMMENDED ACTION
Staff recommends that the Planning Commission review the proposal and take the appropriate
action. The Planning Commission can take one of the following actions:
Direct staff to return with a resolution to approve with required findings and conditions.
Direct staff to return with a resolution to deny with required findings.
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Section 17.10.030 authorizes the Planning Commission to
review and take action on a Conditional Use Permit (CUP). OMC Section 17.19.030 requires a
CUP approval for an ABC license within the Limited Business (C-1) District. OMC Section
17.30.030 establishes standards and findings when approving a license. The final determination
by the Planning Commission on this application may be appealed to the City Council pursuant to
the time period and requirements established in the OMC for appeals.
Planning Commission
Agenda Item
December 18, 2017
Planning Commission Staff Report
December 18, 2017
Page 2
PUBLIC NOTICE
On November 22, 2017 the City sent a Public Hearing Notice to a total of 177 property
owners/tenants within a 300-foot radius of the project site and people specifically requesting
notice. The project site was also posted with the notification by 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
establishment. Public review is not required.
PROJECT BACKGROUND
Applicant/Property Owner: Joseph Karaki, Western State Engineering, Inc.
Property Location: 684 S. Glassell Street
Existing General Plan
Land Use Element designation:
General Commercial Max. 1.0 FAR
Existing Zoning
Classification:
Limited Business (C1)
Old Towne: No
Specific Plan/PC: No
Site Size: 21,413 SF
Circulation: The site is located on Glassell Street, just south of the
intersection of a private drive leading to the Park Orleans
condominium complex to the west. Site access to the parcel
is from two curb cuts on Glassell Street and one curb cut on
the private drive. Glassell Street is designated as a primary
arterial with an ultimate right-of-way of 100 feet.
Existing conditions: The 21,413 SF site is currently developed with an existing
1,150 SF service and repair station with fuel dispensing.
Surrounding land uses
and Zoning:
The project site is located in an area just south of Old Towne
Orange and just north of Santiago Creek. The site serves as
gateway into the Old Towne Historic District. Hart Park is
located directly across the street to the east. The site is not
within the boundaries of the Historic District. Immediately to
the west and north are multiple family residential uses
Previous
Applications/Entitlements:
On January 18, 2017, the Design Review Committee
approved Design Review No. 4852-16 and Minor Site Plan
Review No. 0861-16 for the demolition of an existing 1,150
SF gas station with service and repair bays and construct a
new 2,800 SF convenience store associated with fuel
dispensing.
Planning Commission Staff Report
December 18, 2017
Page 3
PROJECT DESCRIPTION
The applicant is requesting a new Alcoholic Beverage Control (ABC) Type 20 (Off-Sale Beer &
Wine) License to allow the sale of beer and wine alcoholic beverages for off premise
consumption at a new approved convenience store. The new 2,800 SF convenience store has gone
through the plan check process and the building permit is ready for issuance. The convenience
store would operate 24 hours a day, seven days a week. Alcohol sales are proposed daily from
6:00 AM to 2:00 AM in accordance with state law. The convenience store will have four display
coolers dedicated to beer and wine. The area dedicated to alcoholic beverage display will
represent less than 3% of the total retail sales area.
The nature of the CUP request is not subject to development standards. 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 new Alcoholic Beverage Control (ABC)
Type 20 (Off-Sale Beer & Wine) License to allow the sale of beer and wine alcoholic beverages
for off premise consumption at a new approved convenience store.
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, the following table identified the following facilities selling alcoholic
beverages that are located within 600 feet of the site’s entrance and as shown in Attachment 3.
Existing Licenses
Establishment Name License Type Address
Yen Ching Restaurant Type 41 On-Sale Beer and Wine 548 S. Glassell Street
Issue 2: Sensitive Receptors
The OMC requires a CUP for the sale of alcoholic beverages to ensure there will be no adverse
impact on sensitive land uses, such as residential buildings, churches, schools, hospitals, public
Planning Commission Staff Report
December 18, 2017
Page 4
playgrounds, and other similar uses. The OMC does not establish any specific distances from
these uses to the establishment. The State Alcoholic Beverage Control Board investigation
requires applicants to identify the sensitive land uses within 600 feet of the site. Based upon this
criterion there are multi-family buildings, a church and school, and Hart Pak within 600’ of the
subject property as depicted in the table below.
Sensitive Receptors
Land Use Type Address Distance to
Project Site
Park Orleans Condos 660 S. Glassell Street 0-600 feet
Park Plaza Senior Living 620 S. Glassell Street 200-450 feet
Holy Family Church 530 S. Glassell Street 500-600 feet
Hart Park 701 S. Glassell Street 100-600 feet
Multi-Family Residence 615-655 S. Glassell Street (Odd addresses) 350-600 feet
Multi-Family Residence 612-636 S. Glassell Street (Even addresses) 500-600 feet
The selling of alcoholic beverages per the existing CUP from the project site may have an
adverse impact on the above-identified “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.
There is a church and school located within 600 feet of the subject business. However,
the church and school do not have direct access to the subject site.
The subject site is located in the vicinity of Hart Park and its associated recreational
activities, including a playground and picnicking facilities adjacent to S. Glassell Street.
Issue 3: Census Tract Alcohol and Crime Statistics Information
The Police Department reports that the establishment is proposed within a census tract that is
considered over-concentrated with On-sale and Off-sale ABC licenses.
Alcohol Licenses
Existing Allowed
On Sale Licenses 11 8
Off-Sale Licenses 4 3
Census Tract (No. 0759.02) has 15 existing On-Sale and Off-Sale licenses with the total allowed
On-Sale and Off-Sale Licenses permitted being 11 licenses. There is one ABC license within 600
feet of the proposed subject location. The remaining 10 licenses are located within the census
tract, but beyond the 600-foot radius of the subject premises.
Planning Commission Staff Report
December 18, 2017
Page 5
The Orange Police Department’s Vice Unit reviewed the proposal and has indicated that current
crime figures in Reporting District 12 (RD 12) show 161 crimes reported which is 137% above
the average of reported crime. The applicant is requesting to modify their existing ABC license
in a census tract that is considered a high-crime area as follows:
Crime Statistics for Reporting District 12
Reporting Crimes Citywide Average Arrests Percent Above Average
161 68 137%
The Police Department Memo dated February 27, 2017 concluded that they oppose the
applicant’s efforts to obtain a Type 20 Off-Sale Beer and Wine license for the following reasons.
First, Cadnicks 76's close proximity to Hart Park. The high number of arrests (51) at Hart Park
and the high number of transient contacts (35) make this a concern for an increase in alcohol-
related crimes. It is The Orange Police Department’s belief that the business if allowed to obtain
a Type 20 Off-Sale Beer and Wine License will contribute to an increase in alcohol-related
crimes at Hart Park, thus jeopardizing the family-friendly environment of the park. Second, the
business' close proximity to the 22-freeway’s east and west on and off ramps, makes it
susceptible to alcohol-related crimes, such as thefts and commercial burglaries referred to as
"Beer Runs." Lastly the location is in an over-concentrated and high crime area.
In 2016, there were 51 arrests made at Hart Park, and 8 were alcohol-related arrests, which
attributed to approximately 15% of all arrests at Hart Park. Transients are a large contributor to
alcohol related crimes. In addition, in 2016 there were 35 transients contacted in the park and
Field Interview (FI) Cards were completed.
Issue 4: Old Towne Gateway and Hart Park
The project site is located in an area just south of Old Towne Orange and just north of Santiago
Creek. The site serves as gateway into the Old Towne Historic District. Hart Park is located
directly across the street to the east. The site is not within the boundaries of the Historic District.
Hart Park hosts many family and youth events along with community sports throughout t he year.
For example, the City of Orange Community Services Department hosts "Concerts in the Park"
during the summer, and also during the summer the Community Services Department organizes
swimming in the park's community pool. Other community events include organized adult
softball leagues, Chapman University host their home baseball games at the park, and Junior All -
American Youth Football hosts their practices and games at the park. The park is also a common
place where families host birthday parties and family reunions.
Issue 5: Finding of Public Convenience and Necessity
The request for a new Type 20 Off-Sale Beer and Wine License is within a census tract that is
considered over-concentrated and considered a high-crime area. Therefore, should the Planning
Commission approve the request, the Commission is required to make a Finding of Public
Convenience and Necessity. The applicant has provided a justification letter with reasons for
making the Finding of Public Convenience and Necessity, which the Com mission can use to
Planning Commission Staff Report
December 18, 2017
Page 6
assist in making such a finding, should the Commission wish to approve the request for a Type
20 Off-Sale Beer and Wine License.
ADVISORY BOARD RECOMMENDATION
None required. City staff reviewed the request for the new convenience store and made a
recommendation of approval to the Design review Committee, who had final determination on
the proposed 2,800 SF convenience store.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. List of Potential Conditions of Approval
2. Vicinity Map
3. ABC License Map
4. Orange Police Department Memorandum dated February 27, 2017
5. Applicant’s Justification for a Finding of Public Convenience and Necessity
6. Photographs of existing site
7. Plans
CC: Joseph Karaki
Western State Engineering, INC.
4887 E La Palma Avenue Suite 707
Anaheim, CA 92807