Agenda Item
Planning Commission
Item #: 5.2. 9/19/2022 File #: 22-0519
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Robert Garcia, Senior Planner
1. SUBJECT
Public Hearing: Conditional Use Permit No. 3186-22 - The District Lounge located at 223 W.
Chapman Avenue
2. SUMMARY
The applicant is requesting the modification of an existing State of California Department of Alcoholic Beverage Control (ABC) license Type 48 (On-Sale General - Public Premises) to allow the consumption of alcoholic beverages in an outdoor area located at the rear of the existing establishment.
3. RECOMMENDED ACTION
Review the proposal and take the appropriate action with one of the following:
Direct staff to return with a resolution to approve the request with required conditional use permit findings and public convenience or necessity finding.
Or
Direct staff to return with a resolution to deny the request with required conditional use permit findings.
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 establishments with the sale of alcoholic beverages for on-site consumption.
5. PROJECT BACKGROUND
Applicant: Orange Circle Lounge, Inc.; Mario Marovic
Property Owner Wallflower OC LLC; Sharon Galvan
Property Location 223 W. Chapman Avenue (APN: 039-173-11) Existing General Plan Land Use
Element Designation
Old Towne Mixed Use 15 (OTMIX-15)
Existing Zoning Classification Old Towne Mixed Use 15 (OTMU-15) (Santa Fe Depot Specific Plan) Old Towne Yes
Specific Plan/PC Santa Fe Depot Specific Plan
Site Size 4,752 sq. ft.
Circulation The City’s Master Plan of Arterial Highways classifies West Chapman Avenue as Primary Arterial with a 100-foot right of way.
Existing Conditions Existing bar consisting of 3,340 sq. ft. and a 493 sq. ft. outdoor area.
Surrounding Land Uses and
Zoning
North is zoned OTMU-15 and OTMU-24; south is zoned OTMU-24; east and west are zoned OTMU-15. Uses consist of retail, automotive, personal service, bars and commercial.
Previous
Applications/Entitlements
Conditional Use Permit No. 2760-09 approved by the Planning Commission on October 4, 2010, for a change in the Alcoholic Beverage Control License from a Type 47 (On-Sale General Restaurant) to a Type 48 (On-Sale General - Public Premises).
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Item #: 5.2. 9/19/2022 File #: 22-0519
Applicant: Orange Circle Lounge, Inc.; Mario Marovic
Property Owner Wallflower OC LLC; Sharon Galvan
Property Location 223 W. Chapman Avenue (APN: 039-173-11) Existing General Plan Land Use
Element Designation
Old Towne Mixed Use 15 (OTMIX-15)
Existing Zoning Classification Old Towne Mixed Use 15 (OTMU-15) (Santa Fe Depot Specific Plan) Old Towne Yes
Specific Plan/PC Santa Fe Depot Specific Plan
Site Size 4,752 sq. ft.
Circulation The City’s Master Plan of Arterial Highways classifies West Chapman Avenue as Primary Arterial with a 100-foot right of way.
Existing Conditions Existing bar consisting of 3,340 sq. ft. and a 493 sq. ft. outdoor area.
Surrounding Land Uses and
Zoning
North is zoned OTMU-15 and OTMU-24; south is zoned OTMU-24; east and west are zoned OTMU-15. Uses consist of retail, automotive, personal service, bars and commercial.
Previous
Applications/Entitlements
Conditional Use Permit No. 2760-09 approved by the Planning Commission on October 4, 2010, for a change in the Alcoholic Beverage Control License from a Type 47 (On-Sale General Restaurant) to a Type 48 (On-Sale General - Public Premises).
6. PROJECT DESCRIPTION
The applicant, the District Lounge, is requesting the modification of an existing State of California Department of ABC license Type 48 (On-Sale General - Public Premises) to allow the consumption of alcoholic beverages in an outdoor area located at the rear of the existing establishment.
On October 4, 2010, the Planning Commission approved a request by the business owner for a change in the ABC license from a Type 47 (On-Sale General Eating Place) to a Type 48 (On-Sale General - Public Premises) via Resolution No. PC 30-10 (Attachment No. 2). The approval allowed for the Type 48 on-sale and consumption of alcoholic beverages within the 3,340 sq. ft. establishment.
The establishment has a 493 sq. ft. outdoor area, which was not included in the original approval of the Type 48 license. The applicant’srequest would allow the existing license to include this outdoor area in the consumption of alcoholic beverages. The request is only for the consumption of alcoholic beverages on the outdoor and not for the sale of alcoholic beverages in the outdoor area.
As a result of the global pandemic, the applicant took advantage of the State’stemporary relaxed rules related to alcohol consumption and allowed alcohol consumption in outdoor areas. Moving forward, in order to remain compliant with the City of Orange and State ABC control standards, the applicant is requesting permanent approval from the City and the state for the consumption of alcoholic beverages in the outdoor area.
7. ANALYSIS AND STATEMENT OF THE ISSUES
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 bar’sentrance (See Attachment No.4, Planning Commission Evaluation Map). The facilities within 600 feet of the premises consists of 24 establishments with ABC licenses, of these three are Type 48 (On-Sale General Public Premises), fifteen are Type 41 (On -sale Beer & Wine license), and three are Type 47 (On-Sale General Eating Place).
Existing Licenses
Establishment Name License Type Address
The District Lounge Type 48 (On-Sale General Public
Premises)
223 W. Chapman Avenue
Paul’s Cocktails Type 48 (On-Sale General Public
Premises)
207 W. Chapman Avenue
Taco Adobe Type 40 (On-sale Beer license) 121 N. Lemon Street Chapman Crafted Beer Co. Type 23 (Small Beer Manufacturer), 77 (Event Permit), and 84 (Certified
Farmers’ Market Beer Sales Permit)
123 N. Cypress Street
Byblos Type 41 (On-sale Beer & Wine license) 129 W. Chapman Avenue Pandor Bakery & Bistro Type 41 (On-sale Beer & Wine license) 106 N. Glassell Street 1886 Brewery Type 75 (Brewpub Restaurant) 114 N. Glassell Street Citrus City Grille Type 41 (On-Sale Beer and Wine
license)
122 N. Glassell Street
Smoqued BBQ Type 41 (On-sale Beer & Wine license) 128 N. Glassell Street O’Hara’s Pub Type 48 (On-Sale Beer and Wine
Public Premises)
150 N. Glassell Street
Jalapenos Type 41 (On-Sale Beer and Wine
license)
152 N. Glassell Street
Thai Towne Eatery Type 41 (On-Sale Beer and Wine
license)
152 N. Glassell Street, Suite B
Zito’s Pizza Type 41 (On-Sale Beer and Wine
license)
156 N. Glassell Street
Felix’s Continental Cafe Type 41 (On-sale Beer & Wine license) 36 Plaza Square Urth Café Type 41 (On-Sale Beer and Wine
license)
100 W. Chapman Avenue
BossCat Kitchen Type 47 (On-Sale General Eating Place)118 W. Chapman Avenue Finney’s Crafthouse Type 47 (On-Sale General Eating Place)204 W. Chapman Avenue Wahoo’s Fish Tacos Type 41 (On-sale Beer & Wine license) 234 W. Chapman Avenue Ojai Burger (Pending ABC) Type 41 (On-sale Beer & Wine license) 238 W. Chapman Avenue The Taco Stand Type 41 (On-sale Beer & Wine license) 240 W. Chapman Avenue, Suite 100
Snooze Type 41 (On-sale Beer & Wine license) 240 W. Chapman Avenue, Suite 101
American Legion Type 52 & 58 (Caterer’s Permit) 143 S. Lemon Street Francoli Italian Restaurant Type 21 (Off-Sale General), 47 (On- Sale General Eating Place), and 58
(Caterer’s Permit)
100 S. Glassell Street
Café Zocalo Type 41 (On-sale Beer & Wine license) 136 S. Glassell Street City of Orange Printed on 10/4/2022Page 2 of 6
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Item #: 5.2. 9/19/2022 File #: 22-0519
Establishment Name License Type Address
The District Lounge Type 48 (On-Sale General Public
Premises)
223 W. Chapman Avenue
Paul’s Cocktails Type 48 (On-Sale General Public
Premises)
207 W. Chapman Avenue
Taco Adobe Type 40 (On-sale Beer license) 121 N. Lemon Street Chapman Crafted Beer Co. Type 23 (Small Beer Manufacturer), 77 (Event Permit), and 84 (Certified
Farmers’ Market Beer Sales Permit)
123 N. Cypress Street
Byblos Type 41 (On-sale Beer & Wine license) 129 W. Chapman Avenue Pandor Bakery & Bistro Type 41 (On-sale Beer & Wine license) 106 N. Glassell Street 1886 Brewery Type 75 (Brewpub Restaurant) 114 N. Glassell Street Citrus City Grille Type 41 (On-Sale Beer and Wine
license)
122 N. Glassell Street
Smoqued BBQ Type 41 (On-sale Beer & Wine license) 128 N. Glassell Street O’Hara’s Pub Type 48 (On-Sale Beer and Wine
Public Premises)
150 N. Glassell Street
Jalapenos Type 41 (On-Sale Beer and Wine
license)
152 N. Glassell Street
Thai Towne Eatery Type 41 (On-Sale Beer and Wine
license)
152 N. Glassell Street, Suite B
Zito’s Pizza Type 41 (On-Sale Beer and Wine
license)
156 N. Glassell Street
Felix’s Continental Cafe Type 41 (On-sale Beer & Wine license) 36 Plaza Square Urth Café Type 41 (On-Sale Beer and Wine
license)
100 W. Chapman Avenue
BossCat Kitchen Type 47 (On-Sale General Eating Place)118 W. Chapman Avenue Finney’s Crafthouse Type 47 (On-Sale General Eating Place)204 W. Chapman Avenue Wahoo’s Fish Tacos Type 41 (On-sale Beer & Wine license) 234 W. Chapman Avenue Ojai Burger (Pending ABC) Type 41 (On-sale Beer & Wine license) 238 W. Chapman Avenue The Taco Stand Type 41 (On-sale Beer & Wine license) 240 W. Chapman Avenue, Suite 100
Snooze Type 41 (On-sale Beer & Wine license) 240 W. Chapman Avenue, Suite 101
American Legion Type 52 & 58 (Caterer’s Permit) 143 S. Lemon Street Francoli Italian Restaurant Type 21 (Off-Sale General), 47 (On- Sale General Eating Place), and 58
(Caterer’s Permit)
100 S. Glassell Street
Café Zocalo Type 41 (On-sale Beer & Wine license) 136 S. Glassell Street Issue 2: Sensitive Receptors
The OMC requires a Conditional Use Permit for the sale of alcoholic beverages to ensure there will be no adverse impact on surrounding land uses or no availability of alcoholic beverages to minors.
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Item #: 5.2. 9/19/2022 File #: 22-0519
be no adverse impact on surrounding land uses or no availability of alcoholic beverages to minors.
When reviewing alcohol permits, the Zoning Ordinance details specific land uses that are sensitive to alcohol activities but does not establish any specific distances for these uses. The State Alcoholic Beverage Control Board investigation requires applicants to identify the sensitive land uses within 600 feet of the site. Residential and church uses exist, which are sensitive receptors in the vicinity of the subject property. Due to the proximity of the sensitive receptors, the area has been subject to citizen complaints, the most recent ongoing complaint is from 2021 related to noise complaints.
Sensitive Receptors
Establishment Name Address Distance to Project Site
Residential Units 145-193 odd side N. Lemon Street Approx. 200-500 ft. from site Residential Units 138-152 even side N. Olive Street Approx. 80-260 ft. from site Residential Units 210-224 even side W. Maple Avenue Approx. 300-500 ft. from site Son Light Christian Center 172 N. Glassell Street Approx. 585 ft. from site Church of the Living God 305 W. Almond Avenue Approx. 590 ft. from site Residential Units 146-186 even side S. Lemon Street Approx. 350-580 ft. from site Residential Units 173 S. Lemon Street Approx. 480 ft. from site Residential Units 125-173 odd side S. Cypress Street Approx. 350-600 ft. from site Issue 3: Census Tract Alcohol and Crime Statistics Information The Orange Police Department’s(OPD) Vice Unit reviewed the proposal and finds that the census tract is over concentrated in on-sale and off-sale licenses (Attachment No. 5).
Alcohol Licenses
Existing Allowed
On-Sale Licenses 29 5
Off-Sale Licenses 4 2
The census tract has 33 existing on-sale and off-sale licenses, the total allowed on-sale and off-sale licenses permitted is seven licenses.
2021 Crime Statistics
Census Tract Crimes Citywide Average
Crimes
Percent Difference
252 71 255%
The 2021 crime statistics reveal that the census tract is in Reporting District (RD) 32E which show 252 crimes (Attachment No. 5). Based on the 2021 crime statistics, the average number of reported crimes per district is 71. This RD is 255% above the average reported crimes per district and is therefore considered a high crime area. RD 32E ranks 5th highest out of 91 RDs in the City of Orange.
In the 2021 reporting period, there were approximately 187 arrests in RD 32E. Of those arrests 62 City of Orange Printed on 10/4/2022Page 4 of 6
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Item #: 5.2. 9/19/2022 File #: 22-0519
In the 2021 reporting period, there were approximately 187 arrests in RD 32E. Of those arrests 62 were related to alcohol use. Further, in 2021 there were approximately 45 calls for service to the District Lounge. These incidents included combative/disruptive subjects, assault and batteries, noise complaints, citizen assists, and intoxicated subjects.
The OPD has also provided statistics for the current year (January 2022 through June 8, 2022).
There have been 37 responses to the District Lounge generated either by calls for service or officer initiated activity. These incidents included combative/disruptive subjects, assault and battery, noise complaints, citizen assists, drunk in public and alarm responses.
The area has experienced similar activity in the past few years as a result of the pandemic, prompting OPD to conduct surveillance in the area to identify public nuisance crimes. The details of the surveillance are included in Attachment No. 5.
The OPD in their memorandum (Attachment No. 5) have provided similar statistics for the establishment in question for 2020, and 2019. OPD has also provided the statistics for O’Hara’sPub and Paul’s Cocktails for comparison purposes.
The OPD is opposed to the applicant’srequest to modify the existing Type 48 (On-Sale General- Public Premises) license to include alcohol consumption in the outdoor area of the premises. This is based on the review of the listed data from 2019-2022 indicating increased noise, calls for service, crime, and responses from OPD personnel to the location. OPD believes that granting this request to modify the existing license creates an undue burden on public safety resources and have an adverse impact on the surrounding community.
Issue 4: Finding of Public Convenience and Necessity
Should the Planning Commission wish to approve the request, in addition to making the finds for the Conditional Use Permit, the Commission will also need to make a finding of Public Convenience and Necessity.
Issue 5: Direction to Staff
Staff is requesting that the Planning Commission provide direction to staff related to the applicant’s request based on the information provided and testimony given at the hearing. The Commission during it’sdeliberations will need to make the findings that either support or not support the request, and direct staff to return with the appropriate resolution with the necessary findings (Attachment No. 6).
8. PUBLIC NOTICE
On September 8, 2022, the City sent a Public Hearing Notice to a total of 93 property owners/tenants within a 400-foot radius of the project site and persons specifically requesting notice. The project site has been posted in two locations 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 request consists of the modification of an existing license for the sale of alcoholic beverages in an outdoor area located at the rear of the establishment and results in no physical expansion of the use beyond that existing at the time of the City’sdetermination. No public review is required for a categorical exemption.
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Item #: 5.2. 9/19/2022 File #: 22-0519
10. ADVISORY BOARD ACTION
None required
11. ATTACHMENTS
· Attachment No. 1 Vicinity Map
· Attachment No. 2 Resolution No. PC 30-10
· Attachment No. 3 Applicant’s Letter of Explanation
· Attachment No. 4 Planning Commission Evaluation Map
· Attachment No. 5 Orange Police Department Memorandum
· Attachment No. 6 Conditional Use Permit Findings
· Attachment No. 7 Plans
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Agenda Item
Planning Commission
Item #: 3.3. 10/17/2022 File #: 22-0561
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Robert Garcia, Senior Planner
1. SUBJECT
Resolution of Approval for Conditional Use Permit No. 3186-22, District Lounge, 223 W. Chapman Avenue
2. SUMMARY
Adoption of a resolution approving the modification of an existing State of California Department of Alcoholic Beverage Control (ABC) license Type 48 (On-Sale General - Public Premises) to allow the consumption of alcoholic beverages in an outdoor area located at the rear of the existing establishment.
3. RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 26-22 entitled:
A Resolution of the Planning Commission of the City of Orange approving Conditional Use Permit No. 3186-22 for the modification of an existing State of California Department of Alcoholic Beverage Control (ABC) license Type 48 (On-Sale General - Public Premises) to allow the consumption of alcoholic beverages in an outdoor area located at the rear of the District Lounge located at 223 W.
Chapman Avenue.
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 establishments with the sale of alcoholic beverages for on-site consumption.
5. PROJECT DESCRIPTION
The applicant, the District Lounge, is requesting the modification of an existing State of California Department of ABC license Type 48 (On-Sale General - Public Premises) to allow the consumption of alcoholic beverages in an outdoor area located at the rear of the existing establishment.
At the September 19, 2022, Planning Commission meeting, the Commission approved the request by a vote of 3-2 and directed staff to return with a resolution of approval with the appropriate findings and conditions of approval.
The resolution of approval contains conditions of approval requested by the Orange Police Department, procedural conditions, and additional conditions of approval imposed by the Commission. The applicant has requested modification to the conditions of approval presented and City of Orange Printed on 10/13/2022Page 1 of 2
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Item #: 3.3. 10/17/2022 File #: 22-0561
Commission. The applicant has requested modification to the conditions of approval presented and added at the September 19, 2022, Planning Commission meeting. The request is provided in Attachment No. 5 to this staff report for Commission consideration.
Staff has also included the Finding of Public Convenience or Necessity that is required to be made by the approving body.
6. 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 request consists of the modification of an existing license for the sale of alcoholic beverages in an outdoor area located at the rear of the establishment and results in no physical expansion of the use beyond that existing at the time of the City’sdetermination. No public review is required for a categorical exemption.
7. ATTACHMENTS
· Attachment No. 1 Planning Commission Resolution No. PC 26-22 · Attachment No. 2 Finding of Public Convenience and Necessity · Attachment No. 3 Orange Police Department Potential Conditions of Approval · Attachment No. 4 Approved Planning Commission Resolution No. PC 30-10 · Attachment No. 5 District Lounge Request for Revisions to Outdoor Conditions City of Orange Printed on 10/13/2022Page 2 of 2
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