TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Kelly Ribuffo, Associate Planner - Historic Preservation
1. Subject
title
Public Hearing: Conditional Use Permit No. 3142-21, Chipotle Mexican Grille ABC Type 41 License, 112 E. Maple Avenue
body
2. Summary
The applicant proposes to serve alcohol under a State of California Department of Alcoholic Beverage Control (ABC) Type 41 License (On Sale Beer and Wine - Eating Place) for a restaurant at 112 E. Maple Avenue. The project is located within the Old Towne Historic District.
3. Recommended Action
recommendation
Adopt Planning Commission Resolution No. 26-21 entitled:
A Resolution of the Planning Commission of the City of Orange Approving Conditional Use permit No. 3142-21 for a State of California Department of Alcoholic Beverage Control, Type 41 License (On-Sale Beer and Wine - Eating Place) for a 2,610 square foot restaurant located at 112 E. Maple Avenue.
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 Conditional Use Permits. A Conditional Use Permit is required for the sale of alcoholic beverages within the Old Towne Mixed Use - 15 (OTMU-15) zone.
5. project background
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Applicant: |
Chipotle Mexican Grille |
|
Property Owner |
KMapleJ, LLC |
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Property Location |
112 E. Maple Avenue |
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Existing General Plan Land Use Element Designation |
Old Towne Mixed Use (OTMIX-15) |
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Existing Zoning Classification |
Old Towne Mixed Use - 15 (OTMU-15) |
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Historic District |
Yes, Old Towne |
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Specific Plan/PC |
None |
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Site Size |
2,610 square foot tenant suite within a 4,276 square foot multi-tenant commercial building. |
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Circulation |
The property is located at the intersection of N. Glassell Street and E. Maple Avenue. A City-owned parking lot is adjacent to the building to the east. |
|
Existing Conditions |
The tenant space was previously operated as a coffee shop. |
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Surrounding Land Uses and Zoning |
The property is located within the northeast quadrant of the Old Towne Plaza commercial area. The property is surrounded by a mix of commercial, retail, restaurant, and residential uses zoned OTMU-15 and OTMU-15S, as well as near residential properties zoned R-1-6. |
|
Previous Applications/Entitlements |
Design Review No. 5023-21 (Under Review) |
6. PROJECT DESCRIPTION
The applicant proposes to serve beer and wine at a new restaurant, Chipotle Mexican Grille, located in a 2,610 square foot tenant suite located at 112 E. Maple Avenue. The applicant is requesting a State of California ABC Type 41 License. A floor plan is included as Attachment 4.
The restaurant hours of operation are Monday to Sunday from 9:00 AM to 11:00 PM. Alcohol will be available for purchase at the cash register. It will be stored in a lockable container only accessible by employees. The dining room has 32 seats. There is a proposed 16 seat outdoor patio currently under review as part of Design Review No. 5023-21. However, Chipotle does not intend to allow alcohol in the patio area.
Restaurants are permitted by right in OTMU-15 zone, and the subject site conforms to all applicable development standards for operation of a restaurant in the proposed location. No changes are proposed to the lot size or building square footage as part of this application. The sale of beer and wine results in the need for a Conditional Use Permit (CUP) reviewed by the Planning Commission.
The applicant’s letter of explanation is included in Attachment 3.
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 6, Planning Commission Evaluation Map).
Existing Licenses
|
Establishment Name |
License Type |
Address |
|
Orange Plaza Inn |
47 |
137 E. Maple Avenue |
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Rutabegorz |
41 |
264 N. Glassell Street |
|
The Filling Station Cafe |
41 |
201 N. Glassell Street |
|
Hanano Ramen |
41 |
161 N. Glassell Street |
|
Zito’s Pizza |
41 |
156 N. Glassell Street |
|
The Pizza Press |
41 |
153 N. Glassell Street |
|
Thai Town Eatery |
41 |
152 N. Glassell Street |
|
O’Hara’s Pub |
48 |
150 N. Glassell Street |
|
Jaxon’s |
47 |
149 N. Glassell Street |
|
Provision’s Market |
41 |
143 N. Glassell Street |
|
Smoqued BBQ |
41 |
128 N. Glassell Street |
|
Citrus City Grille |
47 |
122 N Glassell Street |
|
Brewery 1886 |
75 |
114 N. Glassell Street |
|
Pandor |
41 |
106 N. Glassell Street |
|
The Wall |
41 |
80 Plaza Square |
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Grand Street Center |
47 |
146 N. Grand Street |
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 State Alcoholic Beverage Control Board investigation requires applicants to identify the sensitive land uses within 600 feet of the site. There exist three sensitive receptors in the vicinity of the subject property:
Sensitive Receptors
|
Establishment Name |
Address |
Distance to Project Site |
|
Son Light Christian Center |
172 N. Glassell Street |
120 feet |
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Single and Multi-family Residential (R-1-6 and OTMU-15S) |
Various |
150 - 600 feet |
|
First Presbyterian Church and Preschool |
191 N. Orange Street |
330 feet |
Issue 3: Census Tract Alcohol and Crime Statistics Information
The Orange Police Department’s Vice Unit reviewed the proposal and does not oppose the request for an ABC license at the proposed location (Attachment 5). Though the area is over-concentrated with ABC licenses and is considered high crime, the Police Department did not find that the application would place an additional strain on Police resources and services.
Total arrests for 2020 were 60, with 16 being alcohol related: 15 for DUI and one for disorderly conduct.
Alcohol Licenses
|
|
Existing |
Allowed |
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On-Sale Licenses |
24 |
5 |
|
Off-Sale Licenses |
4 |
2 |
2020 Crime Statistics
|
2020 Reporting District 023W Crime Reports |
Citywide Average Crimes per Reporting District |
Percent Difference |
|
94 |
74 |
26% above |
Issue 4: Finding of Public Convenience and Necessity
ABC requires the Planning Commission to make a finding of public convenience or necessity for additional alcohol licenses in an over-concentrated area. Staff has prepared a draft letter, included as Attachment 7. The letter states that:
• The sale of alcoholic beverages at the restaurant is considered accessory to the sale of food and is a service typically expected by the public.
• The proposal is not anticipated to have adverse impacts on neighboring land uses within the area because a restaurant is compatible with the mix of uses within the area.
• It is anticipated that with appropriate controls and conditions in place, the business and sales of alcohol will not add to crime within this area.
8. public notice
On September 10, 2021, the City sent a Public Hearing Notice to a total of 106 property owners/tenants within a 300-foot radius of the project site and persons specifically requesting notice. The project site has been posted in one location 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 the licensing of a restaurant within an existing commercial building, consistent with the property’s zoning and General Plan designation. No public review is required.
10. ADVISORY BOARD ACTION
None.
11. ATTACHMENTS
• Attachment 1 - Planning Commission Resolution No. PC 26-21
• Attachment 2 - Vicinity Map
• Attachment 3 - Applicant Letter of Explanation
• Attachment 4 - Floor Plan
• Attachment 5 - Orange Police Department Memorandum dated August 19, 2021
• Attachment 6 - Planning Commission Evaluation Map
• Attachment 7 - Draft Letter to ABC for Finding of Public Convenience or Necessity