TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Michael O’Toole, Assistant Planner
1. Subject
title
Public Hearing to consider a request to serve beer, wine, and distilled spirits for on-site consumption in association with a Buffalo Wild Wings expansion, located at 20 City Boulevard West, Suite 901A and finding of CEQA exemption (Conditional Use Permit No. 3214-23).
body
2. Summary
The applicant, SC Wings Block, LLC is requesting to serve beer, wine, and distilled spirits with a State of California Department of Alcoholic Beverage Control Type 47 (On-Sale General - Eating Place) License in conjunction with the service of food within an expanded existing restaurant, Buffalo Wild Wings. Conditional Use Permit (CUP) No. 3214-23 will replace existing CUP No. 2830-11, which permitted the sale of beer, wine, and distilled spirits under a Type 47 (On-Sale General - Eating Place) Alcoholic Beverage License at 20 City Boulevard West, Suite 901A.
3. Recommended Action
recommendation
1. Adopt Planning Commission Resolution No. 15-24 entitled:
A Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3214-23, allowing the sale of beer, wine, and distilled spirits for on-site consumption in conjunction with a State of California Department of Alcoholic Beverage Control Type 47 license (On-Sale General - Eating Place) within an expanded restaurant, located at 20 City Boulevard West, Suite 901A.
2. Find that 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).
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4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Table 17.08.020 and Sections 17.10.030.C and 17.30.030 authorizes 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 conjuction with a restaurant.
5. project background
|
Applicant: |
SC Wings Block, LLC |
|
Property Owner |
Orange City Mills Limited Partnership |
|
Property Location |
20 City Boulevard West, Suite 901A |
|
Existing General Plan Land Use Element Designation |
Urban Mixed Use (UMIX) |
|
Existing Zoning Classification |
Urban Mixed Use (UMU) |
|
Old Towne |
N/A |
|
Specific Plan/PC |
N/A |
|
Site Size |
73 acres |
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Circulation |
Vehicular access to the subject site is via Chapman Avenue, The City Drive, Lewis Street, and Metropolitan Drive. The city’s Master Plan of Arterial Highways designates Chapman Avenue as an “Augmented Primary” highway with a minimum right-of-way width of 100 feet, The City Drive is designated as an “Augmented Major Arterial” highway with an ultimate right-of-way width of 120 feet, and both Lewis Street and Metropolitan Drive are designated as “secondary” arterials with ultimate right-of-way widths of 80 feet. All streets in the vicinity of the subject site are fully dedicated and improved. |
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Existing Conditions |
The subject site is developed with The Outlets at Orange shopping and entertainment center and The City Plaza Tower. The Outlets at Orange is presently developed with 889,198 sq. ft. of building, which includes approximately 79,000 sq. ft. of communal space. The Buffalo Wild Wings is located to the north of AMC Orange 30 on the west side of the mall shopping area. |
|
Surrounding Land Uses and Zoning |
North - High-rise and mid-rise office towers and a high-rise hotel zoned UMU. South - An office building zoned UMU and the Garden Grove (State Route 22) Freeway. East - County of Orange jail and court facilities, Orangewood Home, and UCI Hospital zoned P-I and R-1-6 (Residential, single-family, minimum lot size 6,000 sq. ft.) West - Mid-rise office towers and multi-family housing zoned UMU. |
|
Previous Applications/Entitlements |
CUP No. 2830-11 - ABC license for existing Buffalo Wild Wings Design Review No. 4553-11 - Façade changes and site improvements for existing Buffalo Wild Wings |
6. PROJECT DESCRIPTION
The applicant proposes to serve beer, wine, and distilled spirits at an expanded existing restaurant, Buffalo Wild Wings, with a State of California Department of Alcoholic Beverage Control (ABC) Type 47 License (On-Sale General - Eating Place). The restaurant has an existing Type 47 (On-Sale - Eating Place) License which was approved in 2011 under CUP No. 2830-11 (See Attachment 2). The property owner will surrender existing CUP No. 2830-11 and replace it with CUP No. 3214-23 to include the proposed restaurant expansion area.
The restaurant is proposing to expand into an adjacent tenant space and the expansion will include new dining room area as well as an expanded outdoor patio. The current restaurant is approximately 9,361 square feet with a total of 260 seats provided as both indoor and patio seating. The proposed expansion will add 1,662 square feet of interior area and 931 square feet of patio area. The expansion will accommodate an additional 120 seats which includes indoor and patio seating. With the addition, the restaurant will have a total of 9,608 square feet of interior space and 2,346 square feet of patio space. Alcohol is proposed to be served in the indoor dining room and on the patio as it is under the existing CUP 2830-11. The hours of operation are Sunday to Wednesday from 11:00 a.m. to 1:00 a.m. and Thursday to Saturday 11:00 a.m. to 2:00 a.m. No changes are being proposed to the existing floor plan as a part of this application. The applicant’s project narrative is included as Attachment 4.
7. analysis and 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’s entrance (See Attachment 9, Planning Commission Evaluation Map).
Existing Licenses
|
Establishment Name |
License Type |
Address |
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Lucky Strike Bowling |
47 (On-Sale General - Eating Place) |
20 City Boulevard West |
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Dave & Buster’s |
58 (Caterer’s Permit), 47 (On-Sale General - Eating Place) |
20 City Boulevard West |
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Rubio’s Coastal Grill |
41 (On-Sale Beer and Wine - Eating Place) |
20 City Boulevard West |
|
Market Broiler Orange |
47 (On-Sale General - Eating Place) |
20 City Boulevard West |
|
Saddle Ranch Chop House |
47 (On-Sale General - Eating Place) |
20 City Boulevard West |
|
AMC Orange 30 |
47 (On-Sale General - Eating Place) |
20 City Boulevard West |
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 specific land uses that are sensitive to alcohol activities, but does not establish any specific distances for these uses. The ABC investigation requires applicants to identify the sensitive land uses within 600 feet of the site. Below is a list of sensitive receptors in the vicinity of the subject property:
Sensitive Receptors
|
Establishment Name |
Address |
Distance to Project Site |
|
Multi-Family Residential Dwelling (The Terrace Apartments) |
200 City Boulevard West |
0 feet (parcels are directly abutting each other) |
|
Multi-Family Residential Dwelling (AMLI Uptown Orange) |
385 S. Manchester Avenue |
50 feet |
While there are sensitive land uses within 600 feet of the site, they do not have direct access to the property and the sale of alcohol would continue to be accessory to the sale of food within the full-service restaurant. Approval of the CUP is unlikely to directly impact these nearby receptors.
Issue 3: Census Tract Alcohol and Crime Statistics Information
The Orange Police Department’s (OPD) Vice Unit reviewed the proposal and provided research and statistical analysis for the census tract and reporting district for this location (refer to Attachment 8). The business is located within Census Tract 761.02 which is considered overconcentrated with On-Sale Licenses. For Off-Sale Licenses, the Census Tract is not considered to be overconcentrated.
Alcohol Licenses
|
|
Existing |
Allowed |
|
On-Sale Licenses |
17 |
10 |
|
Off-Sale Licenses |
4 |
4 |
Census tracts are defined as small geographic 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.
ABC establishes an overconcentration of alcohol licenses based on the average number of licenses versus the population of a given census tract. However, ABC and the city recognize that licenses should be reviewed on a case-by-case basis to ensure that alcohol 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 in a mixed-use district, intended to be a shopping and dining destination for residents and visitors where an overconcentration of on-sale licenses is expected. It should also be noted that this request does not add a new On-Sale license to the Census Tract, but updates an existing On-Sale license.
OPD also reports that the property is within Reporting District 71 with the following reported crimes.
Crime Statistics
|
Reporting District |
Reported Crimes |
Citywide Average Reported Crimes per District |
Percent Difference |
|
71 |
235 |
72 |
301% |
In 2022, there were 235 reported crimes in Reporting District 71. The average number of reported crimes per Reporting District was 72 for the same year. High crime is considered 20 percent above average reported crime within all reporting districts in the city per Business and Professions Code Section 23958.4. Reporting District 71 was 301% above the average for reported crimes and was ranked fifth highest out of 91 districts in the city of Orange for reported crimes. Therefore, this Reporting District is considered a high crime area.
In 2022, there were 54 arrests in Reporting District 71, of which 13 were alcohol-related arrests. Eight arrests were for Driving Under the Influence of Alcohol, and five for Drunk in Public.
The applicant has an existing Type 47 On-Sale General - Eating Place License. An ABC records check of the location found no current or previous history of disciplinary actions.
The continued sale of alcohol at this location is not expected to contribute to crime statistics in the area or create an undue burden on public safety resources. Including consideration of the investigation and research prepared by OPD, staff supports the request and does not anticipate that the use will create a negative impact on neighboring land uses, because the restaurant is compatible with the mix of uses within the district, has defined hours, adequate staffing, and the primary use will remain as a full-service restaurant. Should the Planning Commission approve the CUP, the standard conditions of approval for the safe operation of the restaurant with alcohol services have been included.
8. public notice
On April 4, 2024, the city sent a Public Hearing Notice to a total of 1,069 property owners/tenants within a 400-foot radius of the project site and persons specifically requesting notice.
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, wine, and distilled spirits for on-site consumption at an existing restaurant within a commercial center. The existing restaurant currently maintains the same ABC type license and is expanding into an existing retail tenant space.
10. ADVISORY BOARD ACTION
None required.
11. ATTACHMENTS
• Attachment 1 - Planning Commission Resolution No. PC 15-24
• Attachment 2 - Existing Planning Commission Resolution No. PC 18-11 (CUP No. 2830-11)
• Attachment 3 - Vicinity Map
• Attachment 4 - Applicant Business Narrative Letter
• Attachment 5 - Site Photos
• Attachment 6 - Food Menu
• Attachment 7 - Beverage Menu
• Attachment 8 - Orange Police Department Memorandum
• Attachment 9 - Planning Commission Evaluation Map
• Attachment 10 - Site Plan and Restaurant Floor Plan