TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Michael O’Toole, Assistant Planner
1. Subject
title
A Public Hearing to request to serve beer and wine for on-site consumption in association with an existing restaurant, La Casa De Marcos, located at 146 S. Main Street, Suite T and finding of CEQA exemption (Conditional Use Permit 3223)
body
2. Summary
The applicant, La Casa De Marcos, is requesting to serve beer and wine with a State of California Department of Alcoholic Beverage Control Type 41 (On-Sale Beer and Wine - Eating Place) in conjunction with the service of food within an existing restaurant, La Casa De Marcos.
3. Recommended Action
recommendation
1. Adopt Planning Commission Resolution No. PC 30-24 approving Conditional Use Permit 3223, allowing the sale of beer and wine for onsite consumption in conjunction with a State of California Department of Alcoholic Beverage Control Type 41 license (On-Sale Beer and Wine - Eating Place) within an existing restaurant located at 146 S. Main Street, Suite T.
2. Find the request categorically exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15301 of the State CEQA Guidelines.
end
4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Table 17.08.020 and Sections 17.10.030.C and 17.30.030 authorize the Planning Commission to review and take action on a request for a Conditional Use Permit to allow the sale of alcoholic beverages for on-site consumption in conjuntion with a restaurant.
5. project background
|
Applicant: |
La Casa De Marcos, Inc. |
|
Property Owner |
Galleria Orange, LLC |
|
Property Location |
146 S. Main Street, Suite T |
|
Existing General Plan Land Use Element Designation |
General Commercial (GC) |
|
Existing Zoning Classification |
Commercial (C-3) |
|
Old Towne |
N/A |
|
Specific Plan/PC |
N/A |
|
Site Size |
2.86 acres |
|
Circulation |
Vehicular access to the subject site is from East Chapman Avenue and South Main Street. |
|
Existing Conditions |
The subject site is developed with the Galleria L’Orange Shopping Center. The shopping center features several single-story multi-tenant commercial buildings. La Casa De Marcos occupies a tenant space on the south side of the shopping center. |
|
Surrounding Land Uses and Zoning |
North: Commercial shopping center across East Chapman Avenue (C-2) South: Commercial office building and residential multi-family apartments (C-3 and R-3) East: Commercial buildings across S. Main Street (C-2 and C-3) West: Commercial shopping center and residential multi-family apartments (C-2, C-3, and R-3) |
|
Previous Applications/Entitlements |
There are several past entitlements for the shopping center relating to opening of a grocery store in the center, as well as other Conditional Use Permits for the sale of alcohol. However, there are no previous entitlements related to this tenant space. |
6. PROJECT DESCRIPTION
The applicant proposes to sell beer and wine at an existing restaurant, La Casa De Marcos, with a State of California Department of Alcoholic Beverage Control (ABC) Type 41 License (On-Sale Beer and Wine - Eating Place). The existing restaurant has a total of 76 seats. The applicant is proposing a change in the hours of operation from 10:00 a.m. to 10:00 p.m. daily, to Sunday through Thursday from 8:00 a.m. to 10:00 p.m., and 8:00 a.m. to 12:00 a.m. on Friday and Saturday.
No changes are being proposed to the tenant space as a part of this request. The applicant’s letter of explanation is included in Attachment 3.
7. project analysis
Project Conditions
The applicant’s request for a Type 41 License provides the City with an opportunity to impose the City’s current standards for conditions of approval for restaurant serving beer and wine in conjunction with food to help protect the health, safety, and general welfare of the community which include, but are not limited to:
• A one-year review of the subject site and operations to identify uniquely adverse issues such as curfew, loitering, vandalism, criminal activity, noise, or nuisance (Condition #6)
• Food service must be made available until closing time on each day of operation (Condition #18)
• Live entertainment on the premises is prohibited (Condition #28)
• Alcohol shall only be consumed within the defined dining areas (Condition #12)
• There shall be no bar or lounge area permitted on the premises (Condition #20)
Sensitive Receptors:
For the findings, the Planning Commission shall consider whether the proposed use will:
1. Adversely affect the welfare of the surrounding community
2. Result in an undue concentration of premises for the sale of alcoholic beverages
3. Detrimentally affect nearby residentially zoned districts after giving consideration to the proposed hours of operation
4. Detrimentally affect the proximity to the following:
A. Residential buildings.
B. Churches, schools, hospitals, public playgrounds, and other similar uses.
C. Other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.
Below is a list of sensitive receptors identified within the vicinity (600-foot radius) of the subject property as outlined by Orange Municipal Code Section 17.30.040:
Sensitive Receptors
|
Establishment Name |
Address |
Distance to Project Site |
|
Multi-Family Apartments |
W. Almond Avenue, S. McCoy Road, S. Bush Street |
65 - 600 feet of the project site |
|
Single-Family Dwellings |
W. Robin Road, W. Almond Avenue, S. Bush Street |
260 - 600 feet of the project site |
|
Little Scholars Academy of California |
1510 W. Almond Avenue |
350 feet of the project site |
|
The Church of Christ |
170 S. Bush Street |
325 feet of the subject site |
There are no other active, pending, or proposed ABC licenses, churches, schools, hospitals, public playgrounds, and other similar uses, within a 600-foot radius of the site (see Attachment 5). While there are sensitive land uses in the vicinity of the site, there is no direct access to the site from these properties. Approval of the CUP for alcohol sales, with the new conditions of approval, is unlikely to impact the sensitive receptors identified above.
Census Tract Concentration:
The business is located within Census Tract 760.01. The Orange Police Department’s (OPD) Vice Unit reviewed the proposal and confirmed that this Census Tract is considered overconcentrated with On-Sale Licenses. For Off-Sale Licenses, the Census Tract is not considered to be overconcentrated.
Alcohol Licenses
|
License Type |
Existing |
Allowed |
|
On-Sale Licenses |
13 |
10 |
|
Off-Sale Licenses |
4 |
4 |
Crime Statistics for Reporting District 61:
OPD reports that the property is within Reporting District 61. Crime statistics show that during 2023, there were 147 reported crimes and 310 arrests (457 total crimes and arrests). The average number of reported crimes and arrests per reporting district is 85. High crime is considered 20% above average reported crime within all reporting districts in the city per Business and Professionals Code Section 23958.4. Reporting District 61 is 438% above the average for reported crimes and arrests. As such, this district is considered a high crime area.
Crime Statistics
|
Reporting District |
Reported Crimes and Arrests |
Citywide Average Crimes and Arrests |
Percent Difference |
|
61 |
457 |
85 |
438% |
According to OPD statistics, of the 121 arrests made in Reporting District 61, 38 were alcohol related. The breakdown of these arrests is provided below:
• 27 Driving Under the Influence of Alcohol
• 6 Disorderly Conduct: Alcohol
• 5 Drinking in Public
The sale of alcohol at a restaurant in this location is not expected to contribute to crime in the area or create an undue burden on public safety resources with the recommended conditions of approval. Including consideration of OPD’s investigative research, staff supports the request and does not anticipate that the use will create a negative impact on neighboring land uses, because the restaurant as conditioned is compatible with the mix of uses within the surrounding area, has defined hours, adequate staffing, and the primary use will remain as a restaurant. Should the Planning Commission approve the CUP, the standard conditions of approval for the safe operation of the restaurant with alcohol service will be included.
8. public notice
On October 24, 2024, the City sent a Public Hearing Notice to a total of 257 property owners/tenants within a 400-foot radius of the project site and persons specifically requesting notice. The project site has been posted with the notification on that same date.
9. 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 beer and wine for on-site consumption at an existing restaurant within a commercial center, and results in no expansion of use beyond that existing at the time of the City’s determination.
10. ADVISORY BOARD ACTION
None required.
11. ATTACHMENTS
• Attachment 1 - Planning Commission Resolution No. PC 30-24
• Attachment 2 - Vicinity Map
• Attachment 3 - Applicant Business Narrative Letter
• Attachment 4 - Site Plan
• Attachment 5 - Floor Plan
• Attachment 6 - Menu
• Attachment 7 - Orange Police Department Memorandum
• Attachment 8 - Planning Commission Evaluation Map
• Attachment 9 - Site Photos