12-4-17 CUP United Rose Deli 808-816 E. Lincoln Ave.
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek
Assistant Community Development Director
FROM: Monique Schwartz
Associate Planner
SUBJECT
PUBLIC HEARING: Conditional Use Permit No. 3052-17 – United Rose Deli and Pho
Restaurant – 808-816 E. Lincoln Avenue.
SUMMARY
The applicant is requesting to expand an existing dine-in restaurant and to sell alcoholic
beverages under a Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic Beverage License
in conjunction with the service of food. Conditional Use Permit (CUP) No. 3052-17 will replace
existing CUP No. 451, which permitted the sale of beer and wine under an alcoholic beverage
Type 41 (On-Sale Beer and Wine – Eating Place) License within suites 812-816 E. Lincoln
Avenue.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 30-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT NO. 3052-17 FOR THE SALE OF BEER AND
WINE UNDER A TYPE 41 (ON-SALE BEER AND WINE –
EATING PLACE) ALCOHOLIC BEVERAGE CONTROL
LICENSE WITHIN AN EXPANDED 2,074 SQUARE FOOT
RESTAURANT, AND ACCEPTING THE VOLUNTARY
SURRENDER OF CONDITIONAL USE PERMIT NO. 451,
LOCATED AT 808-816 E. LINCOLN AVENUE.
Planning Commission
Agenda Item
December 4, 2017
Planning Commission Staff Report
December 4, 2017
Page 2
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Table 17.08.020.B, and Sections 17.10.030.C and 17.30.030
authorizes the Planning Commission to review and take action on Conditional Use Permits. A
Conditional Use Permit is required for the sale of alcoholic beverages within a restaurant
establishment in the Limited Business (C-1) zone. The final determination by the Planning
Commission on these applications may be appealed to the City Council pursuant to the time
periods and requirements established in the OMC for appeals.
PUBLIC NOTICE
On November 22, 2017, the City sent a Public Hearing Notice to a total of 116 property
owners/tenants within a 300-foot radius of the project site, and persons specifically requesting
notice. The project site was also posted in two locations with the 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 an existing
private structure that involves a negligible or no expansion of the use beyond what currently
exists. There is no environmental public review required for a categorical exemption.
PROJECT BACKGROUND
Applicant: United Rose Deli and Pho Restaurant, Thuy Linh Holland
Property Owner: BETTEC Corporation, c/o Landmark Properties
Property Location: 808-816 E. Lincoln Avenue
(APN Nos. 374-491-04, 05, 06, 07, 08)
Existing General Plan
Land Use Element designation:
General Commercial (GC)
Existing Zoning
Classification:
Limited Business (C-1)
Old Towne: No
Redevelopment Project Area: No
Specific Plan/PC: No
Site Size: 23,086 square feet (.53 acres)
Circulation: The United Rose Deli and Pho Restaurant site is located
between North Anchor Avenue on the east and North Orange
Olive Road on the west. The site is accessed via three
driveway approaches off Lincoln Avenue. The City Master
Plan of Streets & Highways identifies Lincoln Avenue as a
major arterial with an ultimate width of 120 feet.
Planning Commission Staff Report
December 4, 2017
Page 3
Existing conditions: The site is developed with a two-level commercial shopping
center known as the Olive Heights Center. The United Rose
Deli and Pho Restaurant is located on the upper level
towards the west end of the shopping center.
Surrounding land uses
and Zoning:
North: Limited Business (C-1) / General Business (C2)
South: Limited Business (C-1) / Single Family Residential
7,000 sq. ft. (R-1-7)
East: Limited Business (C-1) / Single Family Residential
7,000 sq. ft. (R-1-7)
West: Limited Business (C-1)
Previous
Applications/Entitlements:
On September 29, 1969, the Planning Commission approved
Conditional Use Permit No. 451 to allow an ABC Type 41
(On-Sale Beer and Wine – Eating Place) License for a pizza
parlor located at 812-816 E. Lincoln Avenue.
The Planning Commission has approved Conditional Use
Permits for other on-site retailers and a bar within the Olive
Heights Center.
PROJECT DESCRIPTION
United Rose Deli and Pho Restaurant is an existing 1,474 square foot restaurant located within
Suite 816 of the Olive Heights Center, which is situated on the south side of east Lincoln
Avenue, between North Orange Olive Road and North Anchor Avenue. The restaurant is
currently permitted to sell beer and wine under a Department of Alcoholic Beverage Control
Type 41 (On-Sale Beer and Wine – Eating Place) License that was approved in 1969 under CUP
No. 451. Because the applicant proposes a 600 sq. ft. expansion to incorporate Suite 808, the
property owner will surrender existing CUP No. 451 and replace it with CUP No. 3052-17,
which will allow the sale of beer and wine under a Type 41 (On-Sale Beer and Wine – Eating
Place) License within the newly expanded restaurant.
The Olive Heights Center is occupied by a variety of commercial uses, including: a bar,
laundromat, cleaners, market, beauty salon, hobby shop, and offices. United Rose Deli and Pho
Restaurant is a family style Vietnamese restaurant that has been in operation since January 2016.
The restaurant features a variety of Vietnamese and Danish style dishes, including menu items
for children. The applicant would like to sell beer and wine in order to complement their menu
and enhance the customers dining experience. The interior of the restaurant will be enlarged and
configured to contain a 1,175 square foot dining area with table seating for approximately 62
people, a kitchen/food preparation area, and three restroom facilities. There will be no designated
bar area. The main customer entrances/exits will be located on the north side, and a secondary
exit will be located on the south side, adjacent to the restroom facilities. There will be no
outdoor eating area, and alcoholic beverage storage will not be accessible to customers. The
restaurant will have seven (7) employees, and the daily business operations will be managed by
the business owner. The restaurant hours of operation are:
Planning Commission Staff Report
December 4, 2017
Page 4
Monday, Tuesday, Thursday, Friday: 11:00 a.m. to 3:00 p.m.
4:00 p.m. to 9:00 p.m.
Wednesday: Closed
Saturday and Sunday: 11:00 a.m. to 9:00 p.m.
No changes are proposed to the exterior of the building or site; therefore, a comparison of the
building to existing development standards has not been conducted. Staff has also determined
that parking at the center can accommodate the conversion of the tenant space from retail to
restaurant use.
APPLICATION(S) REQUESTED/ REQUIRED FINDINGS
Conditional Use Permit: CUP No. 3052-17 will replace existing CUP No. 451, and will permit
the sale of beer and wine under a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic
Beverage Control License within the expanded restaurant.
Staff is requesting that approval of the project be subject to the recommended conditions of
approval as included in Planning Commission Resolution No. PC 30-17.
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, staff identified the following facilities selling alcoholic beverages that
are located within a 600-foot proximity to the restaurant establishment’s entrance (see
Attachment 6, Planning Comission Evaluation Map).
Planning Commission Staff Report
December 4, 2017
Page 5
Existing Licenses
Establishment Name License Type Address
United Rose Deli and Pho
Restaurant
Type 41 On-Sale Beer and Wine – Eating
Place 808-816 E. Lincoln Avenue
Hi Ho Liquor Type 21 Off-Sale General 824 E. Lincoln Avenue
Olive Pit Type 48 On-Sale General - Public
Premises (Bar, Nightclub) 834 E. Lincoln Avenue
Chasers Lounge Type 47 On-Sale General - Eating Place 2765 N. Orange Olive Road
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, the Zoning Ordinance details s pecific
land uses that are sensitive to alcohol activities, but does not establish any specific distances for
these uses. The State Alcoholic Beverage Control Board investigation requires applicants to
identify the sensitive land uses within 600 feet of the site. Below are sensitive receptors in the
vicinity of the subject property:
Sensitive Receptors
Establishment Name Address Distance To
Project Site
North Orange Christian Church 1001 E. Lincoln Avenue 348 feet
Olive Elementary School 3038 Magnolia Avenue 585 feet
Single Family Residences
E. Whitecap Avenue
Jib Street, Swell Street, Greenleaf Avenue
Anchor Avenue
Galley Street
Gaff Street
Ashwood Street
0 feet
150 ft.
0 ft.
240 ft.
516 ft.
560 ft.
Duplex Family Residences Greenleaf Avenue/Orange Olive Road
513 feet
Multiple Family Residences 2723-2745 N. Orange Olive Road.
Santa Fe Place
300 ft.
400 feet
While there are sensitive land uses within 600 feet of the site, the North Orange Christian
Church, Olive Elementary School, single, and multiple family residential developments do not
have direct access to the project site. The existing restaurant is currently permitted to sell beer
and wine, which is a service that is expected within a full service restaurant establishment. In
Planning Commission Staff Report
December 4, 2017
Page 6
addition, the sale of alcoholic beverages would only be in conjunction with meals and would be
accessory to the sale of food.
Issue 3: Census Tract Alcohol and Crime Statistics Information
The Police Department reports that the business is located within a census tract that is not over-
considered with on-sale ABC licenses; however is over-concentrated with off-sale licenses as
shown below:
Alcohol Licenses
Existing Allowed
On-Sale Licenses 5 7
Off-Sale Licenses 4 3
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 ABC establishes an over concentration of alcohol licenses based on the average number of
alcohol licenses versus the population 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. This site is
located within a commercial corridor in the City of Orange, where it is expected to have an over -
concentration of alcohol licenses.
Crime Statistics
The Applicant is applying for an ABC license in a census tract that is considered a low crime
area as follows:
Census Tract Arrests Citywide Average Arrests Percent Difference
41 68 40% below average
The Orange Police Department’s Vice Unit reviewed the proposal and has provided a memo
stating that current crime figures in Reporting District 67N show 41 crimes reported, with the
average being 68. This is under the 20% threshold and is considered a low crime area.
In reviewing police activity in the reporting district, the majority of reported crimes included
commercial burglaries, petty theft, grand theft, and burglary. In 2016, reported crimes at the
Olive Heights center included one commercial burglary at the United Rose Deli and Pho
Restaurant (816 E. Lincoln Avenue), two commercial burglaries at New Destiny (844 E. Lincoln
Planning Commission Staff Report
December 4, 2017
Page 7
Avenue), and one commercial burglary at and Pro Wireless (846 E. Lincoln Avenue). In 2016,
only 4 out of the 18 total arrests made in the reporting district were alcohol related. Two arrests
were for driving under the influence of alcohol, one arrest was for disorderly conduct, and one
arrest was for drinking in public.
Strong consideration was given to the manner in which the existing restaurant establishment has
been operating, the manner in which it will conduct its security, and that the business has not
created a nuisance to the community or a burden on police services in almost 2 years of
operation. The applicant has indicated that alcohol will be stored behind the customer counter
and will not be accessible to the public. In addition, the applicant has completed a Business
Establishment Alcohol Management and Education Program Agreement, which is included as
part of Attachment 5 to this Staff Report. Further, United Deli and Pho Restaurant currently has
a Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic Beverage Control License.
Because Reporting District 67N is considered a low crime area, with 40% below the average
reported crimes and the census tract is under concentrated with on-sale licenses, the Orange
Police Department’s Vice Unit did not have any objections to the issuance of a CUP for a T ype
41 On-Sale Beer and Wine License. Should the Planning Commission approve the proposal, the
Orange Police Department recommends conditions based on the City’s Security Standards (see
Attachment 5). Conditional Use Permit No. 3052-17 will replace existing Conditional Use
Permit No. 451, which will allow the sale of beer and wine under a Type 41 (On-Sale Beer and
Wine – Eating Place) License within the newly expanded restaurant.
ADVISORY BOARD RECOMMENDATION
None required
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution No. PC 30-17 (CUP No. 3052-17)
2. Existing Resolution No. PC-105-69 (CUP No. 451)
3. Vicinity Map
4. Applicants Letter of Explanation and Restaurant Menu
5. Orange Police Department Vice Unit’s Memorandum with Conditions of Approval for CUP
3052-17 dated July 20, 2017, including Business Establishment Alcohol Management and
Education Program Agreement and Site Photos.
6. Planning Commission Evaluation Map
7. Property Owner Letter of Voluntary Surrender of CUP No. 451
Exhibits provided to the Planning Commission:
A. Submitted Plans stamped received June 29, 2017
Planning Commission Staff Report
December 4, 2017
Page 8
cc: Thuy Holland
230 E. Dunton Avenue
Orange, CA 92865
BETTEC Corporation
c/o Landmark Properties
Attn: Kathleen Miller
25602 Alicia Parkway, #320
Laguna Hills, CA 92653
N:\CDD\PLNG\Applications\Conditional Use Permits\CUP 3052-17 United Rose Deli and Pho Restaurant\PC Staff Report.doc