Legislation Details

File #: 24-0490    Version: 2
Type: PC Public Hearing Status: Agenda Ready
File created: 8/7/2024 In control: Planning Commission
On agenda: 10/21/2024 Final action:
Title: Public Hearing to consider a request to allow the sale of beer and wine for on-site consumption at a restaurant located at 123 N. Olive Street and finding of CEQA Exemption (Conditional Use Permit No. 3228).
Attachments: 1. Staff Report, 2. Attachment 1 - Planning Commission Resolution No. PC 28-24, 3. Attachment 2 - Vicinity Map, 4. Attachment 3 - Applicant's Business Narrative Letter, 5. Attachment 4 - Floor Plan, 6. Attachment 5 - Restaurant Menu, 7. Attachment 6 - Site Photos, 8. Attachment 7 - Orange Police Department Memorandum, 9. Attachment 8 - Planning Commission Evaluation Map

TO:                                          Chair and Members of the Planning Commission

 

THRU:                     Anna Pehoushek, Assistant Community Development Director                                          

                                                                                                          

FROM:                     Ryan Agbayani, Associate Planner

                                          

                     

1.                     Subject

title

Public Hearing to consider a request to allow the sale of beer and wine for on-site consumption at a restaurant located at 123 N. Olive Street and finding of CEQA Exemption (Conditional Use Permit No. 3228).

body

2.                     Summary

The applicant proposes to serve beer and wine under a California Department of Alcoholic Beverage Control (ABC) Type 41 license (On-Sale Beer and Wine - Eating Place) at a new restaurant located at 123 N. Olive Street.

3.                     Recommended Action

recommendation

1.                     Adopt Planning Commission Resolution No. PC 28-24. A Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3228, allowing the sale of beer and wine for on-site consumption in conjunction with a State of California Department of Alcoholic Beverage Control Type 41 license (On-Sale Beer and Wine - Eating Place) at a restaurant located at 123 N. Olive Street.

2.                     Find the proposed project exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities).

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 (CUP) to allow sale of beer and wine for on-site consumption at a restaurant.

5.                     project background

 

Applicant:

NOVA Partners LLC (Ian Sanchez)

Property Owner

NOVA Partners LLC (Ian Sanchez)

Property Location

123 N. Olive Street

Existing General Plan Land Use Element Designation

Old Towne Mixed Use 15, 0.5 - 1.0 FAR (OTMIX15)

Existing Zoning Classification

Old Towne Mixed Use-15 (OTMU-15)

Old Towne

Yes

Specific Plan/PC

N/A

Site Size

3,945 sq ft

Circulation

Primary access to the property is from N. Olive Street

Existing Conditions

The site is located on the east side of N. Olive Street, between W. Chapman Avenue to the south, and W. Maple Avenue to the north. It is developed with a single-story multi-tenant historic commercial building.

Surrounding Land Uses and Zoning

North: Existing surface parking lot for Citrus City Grille (OTMU-15) South: Existing driveway for Masonic Temple Association of Orange (OTMU-15) East: Existing commercial building (1886 Brewing Company) (OTMU-15) West: Existing multi-unit residential development (OTMU-24 (SP))

Previous Applications/Entitlements

None

 

6.                     PROJECT DESCRIPTION

The applicant proposes to sell beer and wine at a new restaurant, Pizzeria Irene, with a State of California Department of Alcoholic Beverage Control (ABC) Type 41 License (On-Sale Beer and Wine - Eating Place). The restaurant has a total of 23 seats within the interior dining area. The hours of operation are Tuesday through Saturday from 11:00 a.m. to 3:00 p.m. for lunch, and from 5:00 p.m. to 9:00 p.m. for dinner (closed Sunday and Monday).

The restaurant occupies the storefront of a contributing structure in the Old Towne Historic District. The rear portion of the building is occupied by a separate office use. 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.

Staff acknowledges the applicant’s specifically defined hours of operation; however, staff recommendation is to allow for expanded hours of operation in Condition #16 of the Resolution to allow for greater flexibility if the operator chooses to expand their hours of operation in the future (7:00 a.m. to 10:00 p.m., daily). Similarly, any subsequent business tenant operating at this site will also have greater flexibility to expand their hours of operation, without having to modify the CUP at a future Planning Commission public hearing.

7.                     analysis and statement of the issues

Alcoholic beverage sales are a customary accessory use for many casual and formal dining establishments. Four issue items were identified for this project, and analysis is provided below.

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 7 - Planning Commission Evaluation Map).

Existing Licenses

Establishment Name

License Type

Address

Ruby’s Diner Orange Depot

47 (On-Sale General - Eating Place)

186 N. Atchison Street

Byblos Café

41 (On-Sale Beer and Wine - Eating Place)

129 W. Chapman Avenue

Paul’s Cocktails

48 (On-Sale General - Public Premises)

207 W. Chapman Avenue

Elks Lodge Orange 1475

51 (Club)

211 E. Chapman Avenue

District Lounge

48 (On-Sale General - Public Premises)

223 W. Chapman Avenue

Renata’s Café Italiano

41 (On-Sale Beer and Wine - Eating Place)

227 E. Chapman Avenue, Suite F

Woody’s Diner

47 (On-Sale General - Eating Place) and 58 (Caterer’s Permit)

513 E. Chapman Avenue

Royal Liquor

21 (Off-Sale General)

835 W. Chapman Avenue

Chapman Crafted Beer

77 (Event Permit)

123-129 N. Cypress Street

Pandor Bakery and Cafe

41 (On-Sale Beer and Wine - Eating Place)

106 N. Glassell Street

Brewery 1886

75 (Brewpub - Restaurant)

114 N. Glassell Street

Citrus City Grille

47 (On-Sale General - Eating Place) and 58

122 N. Glassell Street

Smoqued BBQ

41 (On-Sale Beer and Wine - Eating Place)

128 N. Glassell Street

Provisions Deli and Bottle Shop

41 (On-Sale Beer and Wine - Eating Place)

143 N. Glassell Street

Jaxons Chix Tenders

41 (On-Sale Beer and Wine - Eating Place)

149 N. Glassell Street

Ohara’s Pub

48 (On-Sale General - Public Premises)

150 N. Glassell Street

Thai Towne Eatery

41 (On-Sale Beer and Wine - Eating Place)

152 N. Glassell Street, Suite B

Ramisons Inc

41 (On-Sale Beer and Wine - Eating Place)

153-155 N. Glassell Street

Jalapenos Orange Circle

41 (On-Sale Beer and Wine - Eating Place)

154 N. Glassell Street

Zito’s Pizza

41 (On-Sale Beer and Wine - Eating Place)

156 N. Glassell Street

Hanana Ramen

41 (On-Sale Beer and Wine - Eating Place)

161 N. Glassell Street

The Filling Station, Inc

41 (On-Sale Beer and Wine - Eating Place)

201 N. Glassell Street

Rutabegorz

41 (On-Sale Beer and Wine - Eating Place)

264 N. Glassell Street

University Food Mart

20 (Off-Sale Beer and Wine)

480 N. Glassell Street

Hooves Liquor

21 (Off-Sale General)

493 N. Glassell Street

Bluestone Lane

41 (On-Sale Beer and Wine - Eating Place)

114 N. Olive Street

Chipotle Mexican Grill

41 (On-Sale Beer and Wine - Eating Place)

112 E. Maple Avenue

The Richland

47 (On-Sale General - Eating Place) and 68

137 E. Maple Avenue

Palm Market and Deli

20 (Off-Sale Beer and Wine)

608 E. Palme Avenue, Unit A

 

Issue 2 - Sensitive Receptors:

The OMC requires a CUP for the sale of alcoholic beverages to ensure there will be no adverse impact on surrounding land uses and to prevent the availability of alcoholic beverages to minors. When reviewing alcohol permits, OMC Chapter 17.30 details specific land uses that are sensitive to alcohol activities but does not establish any required distances for these uses. The ABC investigation requires applicants to identify the sensitive land uses within 600 feet of the site. The following sensitive receptors are within the vicinity of the subject property:

Sensitive Receptors

Establishment Name

Address

Distance to Project Site

Two-Story Attached Townhomes

138 N. Olive Street, Units A-F; 152 N. Olive Street, Units A-F

62 feet west of the project site

Multi-Family Apartments

210 W. Maple Avenue

135 feet northwest of the project site

Son Light Christian Center

172 N. Glassell Street

318 feet northeast of the project site

Casa Teresa Home for Pregnant Women in Crisis

123 W. Maple Avenue

455 feet north of the project site

Multi-Family Attached Dwellings

2013, 214, 218, 223 Units A-F, 224 Units A-F

509 feet north of the project site

Single-Family Dwellings

171, 177, and 185 N. Cypress Street

555 feet northwest of the project site

 

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 be accessory to the sale of food within the restaurant. Approval of the CUP is unlikely to directly impact these nearby receptors.

Issue 3 - Census Tract Concentration:

The Orange Police Department’s (OPD) Vice Unit reviewed the proposal and confirmed that the business is located within Census Tract 759.01 which is considered over-concentrated with both On-Sale Licenses and Off-Sale Licenses. 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 over-concentration of alcohol licenses based on the average number of licenses versus the population of a given census tract.

ABC records indicate that five On-Sale licenses are allowed and 19 are existing within the census tract. Should the Planning Commission approve the CUP request and a new license be issued by ABC, the allowed On-Sale licenses within the census tract will continue to be over-concentrated. 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 near the Orange Plaza commercial area intended for retail and commercial uses where an over-concentration of On-Sale and Off-Sale licenses is expected.

Alcohol Licenses

License Type

Existing

Allowed

On-Sale Licenses

19

5

Off-Sale Licenses

4

2

 

Issue 4 - Crime Statistics Information:

OPD reports that the property is within Reporting District 32E. Crime statistics show that during 2023, there were 80 reported crimes and 121 arrests (201 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 32E is 136% 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 Per District

Percent Difference

32E

201

85

136%

 

According to OPD statistics, of the 121 arrests made in Reporting District 32E, 29 were alcohol related as follows:

•                     16 Driving Under the Influence of Alcohol (DUI)

•                     10 Disorderly Conduct: Alcohol

•                     2 Drinking in Public

•                     1 Driving with a Suspended License for DUI

The sale of alcohol at this location is not expected to contribute to crime statistic in the area or create an undue burden on public safety resources. 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 is compatible with the mix of uses within the greater Plaza 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 10, 2024, the City sent a Public Hearing Notice to a total of 265 property owners and occupants within a 400-foot radius of the project site and persons specifically requesting notice. The project site was 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 Section 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 mixed-use area, 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 28-24

•                     Attachment 2 - Vicinity Map

•                     Attachment 3 - Applicant’s Business Narrative Letter

•                     Attachment 4 - Floor Plan

•                     Attachment 5 - Restaurant Menu

•                     Attachment 6 - Site Photos

•                     Attachment 7 - Orange Police Department Memorandum

•                     Attachment 8 - Planning Commission Evaluation Map