TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Arlen Beck, Associate Planner
1. Subject
title
Public Hearing to consider a request to allow the sale of alcohol at an existing convenience store located at 1190 N. Glassell Street, Suite A (Conditional Use Permit No. 3145-21).
body
2. Summary
The applicant, Orange Liquor and More, requests a new State of California Department of Alcoholic Beverage Control Type 21 license (Off-Sale General) to allow a full range of alcoholic beverage sales for off-site consumption at an existing convenience store located at 1190 N. Glassell Street, Suite A.
3. Recommended Action
recommendation
Adopt Planning Commission Resolution No. PC 13-24 entitled:
A Resolution of the Planning Commission of the City of Orange denying Conditional Use Permit No. 3145-21, a request to allow for a full range of alcoholic beverage sales 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 1190 N. Glassell Street, Suite A.
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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 a full range of alcoholic beverage sales for off-site consumption.
5. project background
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Applicant: |
Orange Liquor and More (Farhan Aljiyes) |
|
Property Owner |
Farhan Aljiyes |
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Property Location |
1190 N. Glassell Street, Suite A |
|
Existing General Plan Land Use Element Designation |
General Commercial (GC) |
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Existing Zoning Classification |
General Business (C-2) |
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Old Towne |
N/A |
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Specific Plan/PC |
N/A |
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Site Size |
22,680 sq ft (0.52 acres) |
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Circulation |
North Glassell Street is a major arterial and West Hoover Avenue is a local street with pedestrian and vehicular access to both streets. |
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Existing Conditions |
1,519 sq ft tenant space within an existing 4,697 sq ft building with 15 on-site parking spaces. |
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Surrounding Land Uses and Zoning |
Motel (C-1 to the North), Multi-Family Residences (M-3 to the South) Commercial Offices (C-2 to the West), and Multi-Family and Single-Family Residences (R-3 & R-1-6 to the East). |
|
Previous Applications/Entitlements |
None. |
6. PROJECT DESCRIPTION
Orange Liquor and More requests a new ABC Type 21 License (Off-Sale General) at an existing convenience store. The market provides a variety of products including tobacco, household items, pre-packaged food, and non-alcoholic beverages. The proposed liquor items for sale will be stored in a secure storage room and displayed behind the cashier counter by employee access only. There are two primary customer entrance/exits with one entrance/exit at the south end of the suite accessed from W. Hoover Ave. and the other entrance/exit accessed from the parking area at the north side of the suite. The proposed hours of operation are Sunday to Thursday from 7:00 a.m. to 11:00 p.m., and Friday through Saturday from 7:00 a.m. to 12:00 a.m.
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.
7. analysis and statement of the issues
Issue 1: Existing Licenses within 600 Feet of the Site
For informational purposes, staff identified one business selling alcoholic beverages that is located within a 600-foot proximity to the convenience store’s entrance.
Existing Licenses
|
Establishment Name |
License Type |
Address |
|
7 Eleven |
20 (Off-Sale Beer and Wine) |
108 W. Katella Avenue |
Issue 2: Sensitive Receptors
OMC Section 17.30.030 requires a CUP for the sale of alcoholic beverages to ensure there will be no adverse impact on surrounding land uses or availability of alcoholic beverages to minors. When reviewing alcohol permits, 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. Below is a list of sensitive receptors within the vicinity of the subject property:
Sensitive Receptors
|
Receptor |
Address |
Distance to Project Site |
|
Multi-Family Residential Dwellings |
E. Hoover Ave. & W. Hoover Ave. |
50 feet south and 80 feet east of the project site |
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Single-Family Residential Dwellings |
W. Hoover Ave & W. Wilson Ave. |
0 feet east 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. However, the open wrought iron fencing along the Hoover frontage of the site and vehicular circulation through the property from Glassell Street to Hoover Avenue result in site conditions that have the potential to make the site vulnerable to crime. Given the proximity of the residential properties to the subject site, alcohol sales for off-site consumption with the proposed operating hours of Sunday to Thursday from 7:00 a.m. to 11:00 p.m., and Friday through Saturday from 7:00 a.m. to 12:00 a.m. may directly impact these nearby receptors with approval of the CUP.
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 762.04 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 six On-Sale licenses are allowed and 13 are existing within the census tract and two Off-Sale licenses are allowed and three currently exist within the census tract. Should the Planning Commission approve the CUP request and a new license be issued by ABC, the allowed Off-Sale licenses within the census tract will be further over-concentrated. 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.
Alcohol Licenses
|
License Type |
Existing |
Allowed |
|
On-Sale Licenses |
13 |
6 |
|
Off-Sale Licenses |
3 |
2 |
Issue 4: Crime Statistics Information
OPD reports that the property is within Reporting District 35e. This district is considered a high crime area with a reported 59 crimes and 115 arrests in 2023, making this the 9th highest crime and arrest rate in the city with 105% above average of reported crimes. OPD statistics report that of the 115 arrests made in RD 35e, 16 arrests were related to alcohol. In addition, the subject property is in a known gang area with documented incidents of criminal behavior in the area (Attachment 6 - Gang Injunction Area Map). The multi-family residential properties adjacent to the project site are within the “Hoover-Wilson Territory” safety zone of the gang injunction.
Crime Statistics
|
Reporting District |
Reported Crimes |
Reported Arrests |
Citywide Average Arrests Per District |
Percent Difference |
|
35e |
59 |
115 |
85 |
105% |
In conclusion, the sale of a full range of alcoholic beverages for off-site consumption at this location has significant potential to contribute to crime statistics in the area or create an undue burden on public safety resources. Including consideration of OPD’s investigative research, staff recommends that the Planning Commission deny the request because it is reasonable to anticipate that the use will create a negative impact on neighboring land uses. In addition, the operator of the existing convenience store has a history of food related code enforcement violations that fail to demonstrate the responsible operation of the market without alcohol sales.
8. public notice
On April 4, 2024, a public notice was posted at the project site, and the city sent a Public Hearing Notice to a total of 87 property owners/occupants within a 400-foot radius of the project site and persons specifically requesting notice.
9. environmental review
The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines 15270(a), because CEQA does not apply to projects which a public agency rejects or disapproves.
10. ADVISORY BOARD ACTION
None required.
11. ATTACHMENTS
• Attachment 1 - Planning Commission Resolution No. PC 13-24
• Attachment 2 - Vicinity Map
• Attachment 3 - Applicant Business Narrative Letter
• Attachment 4 - Site Photos
• Attachment 5 - Planning Commission evaluation map
• Attachment 6- Gang Injunction Area Map
• Attachment 7 - Orange Police Department Memo, August 30, 2021
• Attachment 8 - Orange Police Department 2023 crime statistics
• Attachment 9 - Site Plan and Floor Plan