TO: Chair and Members of the Planning Commission
THRU: Hayden Beckman, Planning Manager
FROM: Lauren Briggs, Planning Technician
1. Subject
title
Public Hearing to consider a request to operate a winery and brewery tasting site for on-site consumption in conjunction with ancillary arts and crafts, and culinary events within an approximately 1,900 square-foot tenant space including an approximately 336-square-foot outdoor patio located at 426 W. Almond Avenue, Suite G and finding of CEQA Exemption (Conditional Use Permit No. 26-0025).
body
2. Summary
The applicant proposes to serve tastings of beer and wine under a California Department of Alcoholic Beverage Control (ABC) Type 2 License (Winegrower) and Type 23 License (Small Beer Manufacturer) at a new winery with an outdoor patio located at 426 W. Almond Avenue, Suite G.
3. Recommended Action
recommendation
1. Conduct and close the Public Hearing.
2. Adopt Planning Commission Resolution No. 19-26 approving Planning Application No. 26-0025, to operate a winery and brewery tasting site for on-site consumption in conjunction with a State of California Department of Alcoholic Beverage Control Type 2 License (Winegrower) and Type 23 (Small Beer Manufacturer), ancillary arts and crafts, and culinary events within an approximately 1,900 square-foot tenant space of an existing commercial building, including an approximately 336-square-foot outdoor patio located at 426 W. Almond Avenue, Suite G.
3. Find the proposed project exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities).
end
4. Project background
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Applicant: |
Orange Coop LLC |
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Property Owner |
Al Ricci, Orange Packing House LLC |
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Property Location |
426 W. Almond Ave, Suite G |
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Existing General Plan Land Use Element Designation |
Old Towne Mixed Use 15, 6-15 du/ac; 0.5-1.0 FAR (UMIX) |
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Existing Zoning Classification |
Old Towne Mixed Use 15 (OTMU-15) |
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Old Towne |
Yes |
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Specific Plan/PC |
Santa Fe Depot Specific Plan |
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Site Size |
Parcel 86,115 square feet |
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Circulation |
The property is accessed from W. Almond Avenue on the north side of the property and from W. Palmyra Avenue on the south side of the property. |
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Existing Conditions |
The site is located at the historic packing house between W. Almond Avenue. and W. Palmyra Avenue. The adjacent tenant space north of the proposed wine and beer tasting site is set to be occupied by the new cafe Car-nnoisseur, which is now going to be called Reminisce. The tenant space farthest north of the proposed site is set to be vacated by the previous tenant Friends Church of Orange. The rest of the building is vacant tenant spaces and storage. |
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Surrounding Land Uses and Zoning |
North: Old Towne Mixed Use-15 (OTMU-15). There is a historic industrial building and office building at the corner of W. Almond Avenue and S. Cypress Street which is proposed to be the new location of the Friends Church Orange. South: Existing Multi-Family Residences (R3) West: Existing Multi-Family Duplex Residences (R2-6) and the BNSF railway. East: Single-Family Residences (R1-6) and Old Towne Mixed Use-15 (OTMU-15) with industrial workspaces. |
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Previous Applications/Entitlements |
Design Review No. 4890-16 and Minor Site Plan Review No. 0889-16 - Site improvements at the historic packing house including demolition of an existing shed, and parking lot, landscaping and accessibility improvements. Conditional Use Permit No. 25-0048 - A permit to authorize the sale of alcoholic beverages at a proposed restaurant and café. |
|
Applicant: |
Orange Coop LLC |
|
Property Owner |
Al Ricci, Orange Packing House LLC |
|
Property Location |
426 W. Almond Ave, Suite G |
|
Existing General Plan Land Use Element Designation |
Old Towne Mixed Use 15, 6-15 du/ac; 0.5-1.0 FAR (UMIX) |
|
Existing Zoning Classification |
Old Towne Mixed Use 15 (OTMU-15) |
|
Old Towne |
Yes |
|
Specific Plan/PC |
Santa Fe Depot Specific Plan |
|
Site Size |
Parcel 86,115 square feet |
|
Circulation |
The property is accessed from W. Almond Avenue on the north side of the property and from W. Palmyra Avenue on the south side of the property. |
|
Existing Conditions |
The site is located at the historic packing house between W. Almond Avenue. and W. Palmyra Avenue. The adjacent tenant space north of the proposed wine and beer tasting site is set to be occupied by the new cafe Car-nnoisseur, which is now going to be called Reminisce. The tenant space farthest north of the proposed site is set to be vacated by the current tenant, Friends Church of Orange. The rest of the building is vacant tenant spaces and storage. |
|
Surrounding Land Uses and Zoning |
North: Old Towne Mixed Use-15 (OTMU-15). There is a historic industrial building and office building at the corner of W. Almond Avenue and S. Cypress Street which is proposed to be the new location of the Friends Church Orange. South: Existing Multi-Family Residences (R3) West: Existing Multi-Family Duplex Residences (R2-6) and the BNSF railway. East: Single-Family Residences (R1-6) and Old Towne Mixed Use-15 (OTMU-15) with industrial workspaces. |
|
Previous Applications/Entitlements |
Conditional Use Permit No. 2993-15 to allow a church with shared parking. Design Review No. 4890-16 and Minor Site Plan Review No. 0889-16 to allow site improvements at a historic packing house property including demolition of an existing shed, and parking, landscape and accessibility improvements. Conditional Use Permit No. 25-0048 - A permit to authorize the sale of alcoholic beverages at a proposed restaurant and café |
5. project description
The applicant proposes a winery and brewery tasting site, with a State of California Department of Alcoholic Beverage Control (ABC) Type 2 License (Winegrower) and Alcoholic Beverage Control (ABC) Type 23 License (Small Beer Manufacturer). The tasting site will include two tasting areas where the wine of three wineries will be offered and one beer tasting area occupied by one brewery with a shared common area and patio. One of the wine tasting areas will have seven seats and the other wine tasting area will have eight seats. The brewery tasting area will have six seats. The shared common area includes two large community tables with ten and seven seats and four smaller group tables with four seats each. (See Attachment 4). The shared common area will be used for arts and crafts instructional classes and allow for consumption of beverages from the tasting area. The outdoor patio will have six two-seater tables and is proposed to be used for catering services. Both the interior and exterior spaces will have passive dining provided by the catering services.
Primary guest access is provided by the doors on the east elevation leading to the lobby and main entrance of the tenant space. The tasting licenses will not permit any brewing or distillation on site. The applicant proposes to operate under a Type 2 and Type 23 “Master’s license” to produce and manufacture alcoholic beverages off-site, with the sale of only producer items for on-site consumption at the duplicate licensed property (within the subject tenant space). The applicant’s letter of explanation is included with the following proposed hours of operation (See Attachment 3):
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Proposed Operating Hours |
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Sunday-Thursday |
1:00 p.m. - 10:00 p.m. |
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Friday-Saturday |
12:00 p.m. - 11:00 p.m. |
The requested hours include food and beverage consumption on the outdoor dining patio. Given the proximity of nearby residences to the east, staff is recommending a condition of approval that limits the use of the outdoor patio to not include any food preparation or catering service activities, and to close to customer use no later than 9:00 p.m., daily.
6. project analysis
Use Compatibility:
The adaptive re-use of the vacant tenant space in the historic packing house into a tasting site is compatible with the site’s location in the Old Towne Historic District, and the Santa Fe Depot Specific Plan. The adaptive re-use of the structure and new tenant spaces offer opportunities for businesses to have unique concepts and experiences due to the large and open floor layouts distinctive to that site. A Conditional Use Permit is therefore appropriate for the consideration of proposed alcohol sales in relation to nearby sensitive receptors, existing alcohol licenses, and crime statistics in order to provide specific conditions of approval and greater enforcement should there be changes in operations outside of what is approved.
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.
There are no other establishments selling alcoholic beverages within the vicinity (600-foot radius) of the subject property. Other sensitive receptors within the vicinity include single-family and multi-family residences, and two churches (See Attachment 6). Below is a list of sensitive receptors identified within the vicinity of the subject property as outlined by Orange Municipal Code Section 17.30.040:
Sensitive Receptors
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Establishment Name |
Address |
Distance to Project Site |
|
Single-Family Dwellings |
W. Marietta Pl. & S. Cypress St. |
50 - 600 feet |
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Multi-Family Dwellings |
S. Foley Pl. |
50 - 600 feet |
While there are sensitive land uses in the vicinity of the site, approval of the Conditional Use Permit for beer and wine tastings, with the proposed conditions of approval related to the hours of operation and use of outdoor space, is unlikely to impact the sensitive receptors identified above given that most seats are indoors and minimal outdoor seating is proposed.
Census Tract Concentration:
The business is located within Census Tract 759.02. This Census Tract is considered overconcentrated with On-Sale Licenses.
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Alcohol Licenses in Census Tract 760.01 |
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License Type |
Allowed |
Existing |
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On-Sale Licenses |
8 |
27 |
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Off-Sale Licenses |
3 |
3 |
Crime Statistics for Reporting District 22e:
Orange Police Department (OPD) crime statistics show the subject site is located within a high crime area, because reported crimes are more than 20% above the average of reported crimes citywide. The table below shows the OPD crime statistics for RD-22e compared to the citywide average.
Crime Statistics
|
Reporting District |
Reported Crimes and Arrests |
Citywide Average Crimes and Arrests |
Percent Difference |
|
22e |
119 |
68 |
75% |
The sale of alcohol at 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. Staff does not anticipate that the use will create a negative impact on neighboring land uses, because the beer and wine tasting site as conditioned is compatible with the mix of uses within the surrounding area, has defined hours, and will be adequately staffed.
Project Conditions
The applicant’s request for a Type 2 and Type 23 ABC License provides the City with an opportunity to impose standards and conditions of approval for restaurants serving alcoholic beverages in conjunction with food to protect the health, safety, and general welfare of the nearby neighborhood and overall 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 hours of operation, loitering, vandalism, criminal activity, noise, or nuisance (Condition No. 6).
• Limiting the use of the outdoor patio to not include any food preparation or catering service activities, and to close to customers no later than 9:00 p.m., daily (Condition No. 16).
7. 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 wine tasting and brewery tasting for on-site consumption.
8. Public notice
Notice was provided to owners and tenants within 300 feet of the project and posted at the project site on or before October 8, 2026.
9. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities) because the project consists of establishing and operating a beer and wine tasting site with ancillary arts and crafts, and culinary events within an approximately 1,900 square-foot tenant space of an existing commercial building and an approximately 336-square-foot outdoor patio within a mixed-use area, and results in no expansion of the existing commercial tenant space 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 19-26
• Attachment 2 Vicinity Map
• Attachment 3 Applicant’s Business Narrative Letter
• Attachment 4 Project Plans
• Attachment 5 Proposed Wine Menu for The Crush
• Attachment 6 Planning Commission Sensitive Receptors Evaluation Map