TO: Chair and Members of the Planning Commission
THRU: Hayden Beckman, Planning Manager
FROM: Lauren Briggs, Planning Technician
1. Subject
title
A request to allow the sale of beer, wine, and distilled spirits for off-site consumption at an existing convenience store located at 8544 E. Chapman Avenue, Suite A and finding of CEQA Exemption (Conditional Use Permit No. 25-0168)
body
2. Summary
A request for a Conditional Use Permit to allow the sale of beer, wine, and distilled spirits for off-site consumption with a State of California Department of Alcoholic Beverage Control (ABC) Type 21 License (Off-Sale General) at an existing convenience store located at 8544 E. Chapman Avenue, Suite A.
3. Recommended Action
recommendation
1. Conduct and close the Public Hearing.
2. Adopt Planning Commission Resolution No. 22-26 approving Conditional Use Permit No. 25-0168, to allow the sale of beer, wine, and distilled spirits for off-site consumption in conjunction with a new State of California Department of Alcoholic Beverage Control Type 21 License (Off-Sale General) at an existing convenience store located at 8544 E. Chapman Avenue, Suite A.
3. Find the proposed project exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities).
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4. Project background
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Applicant: |
Nassar Nodoust |
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Property Owner |
Nassar Nodoust |
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Property Location |
8544 E. Chapman Avenue, Suite A |
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Existing General Plan Land Use Element Designation |
General Commercial Max. 1.0 FAR (GC) |
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Existing Zoning Classification |
Upper Peters Canyon Planned Community (PC) |
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Old Towne |
N/A |
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Specific Plan/PC |
Upper Peters Canyon Specific Plan |
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Site Size |
.66 Acres |
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Circulation |
The Santiago Hills Auto Spa is located on the southwest corner of Chapman Avenue and Jamboree Road. Access to the site is from one curb cut on East Chapman Avenue and two curb cuts on South Jamboree Road. Chapman Avenue and Jamboree Road are considered Major Arterial Roads and based on the General Plan this intersection is considered a ‘Critical Intersection’. |
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Existing Conditions |
The site is developed with a multi-tenant retail shopping center, which includes Albertson’s grocery store, Saver’s Thrift Store, Santiago Hills Auto Spa, and other commercial tenants connected by a surface parking lot. |
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Surrounding Land Uses and Zoning |
North: Santiago Canyon College Public Institution (PI) East: Open Space, Santiago Hills Reservoir (OS) Planned Community (PC) South: Single Family Residences, Planned Community (PC) West: Multi-Family Residences, Planned Community (PC) |
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Previous Applications/Entitlements |
Conditional Use Permit No. 3040-17 for an ABC Type 20 (Off-Sale Beer and Wine) License at an existing convenience store/car wash - approved by the Planning Commission on August 7, 2017. Conditional Use Permit No. 1937-92 for a commercial center with restaurants, car wash and alcohol sales for market and drug store - approved by the Planning Commission on July 6, 1992. |
5. project description
The applicant requests to sell beer, wine, and distilled spirits for off-site consumption under a State Alcohol and Beverage Control (ABC) Type 21 License within an existing gas station/car wash convenience store. The 2,878-square foot tenant space contains a café, Aroma & Sabor, display shelves of prepackaged food, medicine and dry goods, a cashier counter, office and storage area, coffee beverage area, restrooms and walk-in refrigeration coolers for various beverages including the proposed beer and wine beverages. The doors of these coolers are accessible to customers and will have locks on them to prevent customers from purchasing during prohibited hours. There are four entrances and exits in the convenience store, one primary double door facing the parking area and another side double door for car wash customers. The proposed hours of operation of the gas station and convenience store will be 24 hours with limited hours for alcohol sales between 6:00 AM-11:00 PM, 7 days a week. The applicant’s business narrative letter included in Attachment 3 of this report.
The subject site is located at the southwest corner of East Chapman Avenue and Jamboree Road. The 71,718 sq. ft. commercial property is developed with multiple commercial buildings consisting of a carwash, convenience store, service facility, auto detail shop, gas canopy and surface parking area with a total of 45 parking stalls. The properties are independently owned lots and are integrated with the abutting ‘Santiago Hills Market Place’ commercial center to the west where reciprocal access between them exists. Retail convenience stores with the retail sale of alcoholic beverages are permitted subject to the approval of a conditional use permit in the Planned Community district.
No changes are proposed to the lot size or building square footage as part of this request. The applicant’s letter of explanation is included in Attachment 3.
6. project analysis
Alcoholic beverage sales are a customary accessory use for many convenience stores, complementary to the sale of snacks, food, tobacco, lottery, and non-alcoholic beverages on an extended hour basis, which makes up the primary use of the existing convenience store. Four issue items were identified for this project, and analysis is provided below.
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
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Establishment Name |
License Type |
Address |
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Albertsons LLC |
21 (Off-Sale-General), 86 (Instructional Tasting License) |
8440 E. Chapman Avenue |
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Chen’s Chinese Kitchen |
41 (On-Sale Beer and Wine - Eating Place) |
8422 E. Chapman Avenue |
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 considering 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 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 a college (Attachment 2). 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 |
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Single Family Residences |
East White Oak Ridge |
700 feet |
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Multi-Family Residences |
Cross Creek Road |
850 feet |
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Santiago Canyon College |
8415 E. Chapman Avenue |
470 feet |
While there are sensitive land uses within 600 feet of the site, they do not have direct access to the property. The selling of alcohol beverages from the property is not anticipated to have an adverse impact on these sensitive land uses.
Census Tract Concentration:
The business is located within Census Tract 758.05. This Census Tract is considered overconcentrated with On-Sale Licenses and Off-sale Licenses.
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Alcohol Licenses in Census Tract 758.05 |
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License Type |
Existing |
Allowed |
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On-Sale Licenses |
5 |
5 |
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Off-Sale Licenses |
5 |
2 |
This site is located at a significant intersection where commercial, residential, institutional, and open space actives interface, where it is expected that there may be a high concentration of retail and gas station/convenience stores to serve a range of needs of residents and visitors to the area. The existing licenses within the vicinity of the proposed location are Albertson’s grocery store, and Chen’s restaurant. Other existing off-sale licenses within the census tract but located west on East Chapman Avenue towards Newport Boulevard are Pacific Ranch Market and Orange Hill Liquor. If approved, the proposed Santiago Hills Auto Spa convenience store would be the 6th off-sale ABC license within this census tract.
Crime Statistics for Reporting District 164:
Orange Police Department (OPD) reports that the property is within Reporting District 164. Crime statistics show that during 2025, there were four reported crimes and two arrests (six total crimes and arrests). The average number of reported crimes and arrests per reporting district is 68. 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 164 is 91% below the average for reported crimes and arrests. As such, this district is not considered a high crime area.
Crime Statistics
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Reporting District |
Reported Crimes and Arrests |
Citywide Average Crimes and Arrests Per District |
Percent Difference |
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164 |
6 |
68 |
-91% |
The 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 OPD’s investigative research, with application of suggested conditions of approval, staff supports the request and does not anticipate that the use will create a negative impact on neighboring land uses. The existing convenience store is compatible with the mix of uses within the surrounding land use area, has defined hours, adequate staffing, and the primary use will remain as a gas station with an ancillary convenience store and other auto-oriented services.
Project Conditions
The applicant’s request for a Type 21 ABC License provides the City with an opportunity to impose standards and conditions for approval of convenience stores offering alcoholic beverages for off-site consumption to protect the health, safety, and general welfare of the nearby uses 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).
• No alcoholic beverages shall be sold from any temporary location on the premises such as ice tubs, barrels, or any such containers (Condition No. 14).
• The sale of beer or malt beverages in quantities of quarts, 22 ounces, 32 ounces, 40 ounces, or similar size containers is prohibited. Beer, malt beverages, and wine coolers in containers of 16 ounces or less cannot be sold by single containers but must be sold in manufacturer pre-packaged multi-unit quantities (Condition No. 15).
• The sale of beer, wine, and distilled spirits for off-site consumption shall be incidental to the operation of the store. No more than 15% of the gross floor area shall be dedicated to the sale of veer, wine, and distilled spirits (Condition No. 16).
• The petitioner shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission percentage salary or other profit (Condition No. 17).
• No wine shall be sold with an alcoholic content greater than 15% by volume (Condition No. 18).
• No wine coolers shall be sold in less than a four-pack quantity (Condition No. 19).
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 (CUP) to allow the sale of beer, wine, and distilled spirits for off-site consumption at a convinence store.
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 November 5, 2026.
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 Section 15301 (Class 1 - Existing Facilities) because the project consists of licensing the sale of beer, wine, and distilled spirits for off-site consumption at an existing convenience store. The tenant space is located within an existing gas station/car wash convenience store, and no changes are proposed to the lot size or building square footage as part of the request The approval would allow alcohol sales as an incidental retail component of the existing convenience-store use, subject to operational conditions including limited alcohol-sales hours and limits on the floor area devoted to alcohol sales Accordingly, the project involves licensing and operation of an existing private facility with negligible or no expansion of use within the meaning of the Class 1 exemption. The Planning Commission further finds that none of the exceptions to the categorical exemption applies: the project does not involve a significant cumulative impact from successive projects of the same type in the same place; does not present unusual circumstances creating a reasonable possibility of a significant environmental effect; and would not result in impacts to scenic highway resources, a hazardous-waste site, or historical resources.
10. advisory board action
None required.
11. ATTACHMENTS
• Attachment 1 Planning Commission Resolution No. PC 22-26
• Attachment 2 Vicinity Map
• Attachment 3 Applicant’s Business Narrative Letter
• Attachment 4 Floor Plan
• Attachment 5 Site Photos
• Attachment 6 Planning Commission Evaluation Map