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