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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