2022 PC 09-22 ORANGE WINECONDITIONAL USE PERMIT NO.3134-21
RESOLUTION NO. PC 09-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE DENYING CONDITIONAL USE
PERMIT NO. 3134-219 A REQUEST TO UPGRADE AN
EXISTING STATE OF CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 20
LICENSE (OFF -SALE BEER AND WINE) TO A NEW ABC
TYPE 21 LICENSE (OFF -SALE GENERAL) WITHIN AN
EXISTING 29400 SQUARE FOOT CONVENIENCE STORE,
LOCATED AT 1095 NORTH GLASSELL STREET
APPLICANT: ORANGE WINE, INC.
Moved by Vice Chair Glasgow and seconded by Commissioner Martinez that the following
resolution be adopted:
WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC)
Table 17.08.020.B, and Sections 17.10.030.0 and 17.30.050.4. to take action on Conditional Use
Permit No. 3134-21 for a request to upgrade an existing State of California Department of
Alcoholic Beverage Control (ABC) Type 20 License (Off -Sale Beer and Wine) to a new ABC
Type 21 License (Off -Sale General) within an existing 2,400 square foot convenience store located
at 1095 N. Glassell Street; and
WHEREAS, the application for Conditional Use Permit No. 3134-21 was filed by the
applicant in accordance with the provisions of the OMC; and
WHEREAS, the application for Conditional Use Permit No. 3134-21 was processed in the
time and manner prescribed by state and local law; and
WHEREAS, Conditional Use Permit No. 3134-21 is statutorily exempt from the provisions
of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section
15270(a), because CEQA does not apply to projects which a public agency rejects or disapproves;
and
WHEREAS, Planning Commission public hearings occurred on August 2, 2021, and June
20, 2022, at which time interested persons had an opportunity to testify either in support of, or
opposition to, proposed Conditional Use Permit No. 3134-21 upon property described as follows:
Planning Commission Resolution No. PC 09-22
Page 2
LOTS 1 AND 2 OF TRACT NO. 27339 IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 93, PAGE 42 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 375-191-01
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies
Conditional Use Permit No. 3134-21, a request to upgrade an existing ABC Type 20 License (Off -
Sale Beer and Wine) to a new ABC Type 21 License (Off -Sale General) within an existing 2,400
square foot convenience store, based on the following findings:
SECTION 1— FINDINGS
General Plan Finding:
L The project must be consistent with the goals and policies stated within the City's General
Plan.
Crime prevention goals and policies stated within the Public Safety Element of the City of
Orange General Plan strive to improve community safety and reduce opportunities for criminal
activity in the City.
The Orange Police Department's assessment of crime data, along with the known history of
criminal activity in the vicinity of the store location as documented in its Memorandum dated
January 21, 2021, and supplemental Memo dated March 1, 2022 concluded that 1) the census
tract is over concentrated with On -Sale licenses and Off -Sale licenses; 2) the Orange Wine
store is located across the street from Reporting District 35e, which is the third highest ranked
crime district in the City of Orange; and 3) the Orange Wine store is the closest convenience
store to multiple -family residential properties within the "Hoover -Wilson Territory" safety
zone, a known documented gang area of the Orange County Criminals (OCC) with a high
volume of documented incidents of criminal behavior in the area with arrests ranging from
alcohol arrests, robberies, assaults and weapon offensives. The Police Department opined that
the sale of distilled spirits would contribute to the potential for loitering and criminal behavior
in the area.
This finding cannot be made.
Conditional Use Permit Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in response
to services required by the community.
Granting the Type 21 (Off -Sale General) license to allow the sale of beer, wine, and distilled
spirits for off -site consumption within the existing convenience store would not be based
upon sound principles of land use or in response to services required by the community. The
applicant is requesting a Type 21 license in a census tract that is over concentrated with On -
Sale licenses and has exceeded the maximum number of allowed Off -Sale licenses. Census
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Tract No. 762.05 has 10 existing On -Sale licenses with 8 allowed and 7 existing Off -Sale
licenses with 4 allowed. In addition, the business is located adjacent to the third highest
crime district within the City of Orange. The adjacent Reporting District 35e crime and
arrests data show 276 crimes reported in 2021, which is 289% above the average of reported
crime, a high crime area.
The multiple -family residential properties northwest of the project site are within the "Hoover -
Wilson Territory" safety zone of the Orange County Criminals (OCC) gang injunction. This is
west of Glassell Street and in another reporting district, 35e. This district is considered a high
crime area with reported crimes from alcohol offenses to robberies, assaults and weapons
offenses. The safety zone area is a known documented gang area of the Orange County
Criminals (OCC) with documented incidents of criminal behavior in the area. The applicant's
request to sell distilled spirits in addition to beer and wine would create an undue burden on
public safety resources and have an adverse impact on the surrounding community. A Type
21 (Off -Sale General) license may contribute to a potential increase in alcohol -related crimes
within the surrounding commercial and residential neighborhoods.
This finding cannot be made.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land
uses or create special problems for the area in which it is located.
The ABC Board investigation requires applicants to identify sensitive land uses within 600
feet of the site. Based upon this criterion, there are several residential properties that are
located within 600 feet of the subject property. A Type 21 (Off -Sale General) license may
contribute to an increase in alcohol related crimes such as: driving under the influence, drinking
in public, burglaries, robberies, disorderly conduct, utilization of controlled substances, and
excessive noise, which would interfere with the quiet enjoyment of residential properties in the
area. The applicant's request may create and cause deterioration of bordering land uses and
problems for other uses in the surrounding area.
This finding cannot be made.
3. A Conditional Use Permit must be considered in relationship to its effect on the community
or neighborhood plan for the area in which it is located.
Although the project is not within an identified or specific community or neighborhood plan,
the request to upgrade to a Type 21 (Off -Sale General) license is anticipated to have an adverse
impact on neighboring land uses and the community. The census tract is already over
concentrated with on -sale and off -sale alcohol licenses, has exceeded the maximum number of
allowed licenses, and is located adjacent to the third highest crime reporting district in the City
of Orange. Granting this request may increase calls for service, increase the crime rate, and
diminish quality of life in the area. A Type 21 (Off -Sale General) license may contribute to
an increase in alcohol related crimes which may interfere with the quiet enjoyment of sensitive
residential properties in the area.
Planning Commission Resolution No. PC 09-22
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This finding cannot be made.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to
preserve the general welfare, not the individual welfare of any particular applicant.
Granting the Type 21 (Off -Sale General) license to allow the sale of beer, wine, and distilled
spirits for off -site consumption within the existing convenience store would not preserve the
general welfare and would primarily benefit the business not the community. The census tract
is considered over -concentrated with On -Sale licenses and has exceeded the maximum number
of allowed off -sale licenses. The project is also in close proximity to residential sensitive land
uses, which would interfere with the quiet enjoyment of the properties in the area. The
applicant's request to would create an undue burden on public safety resources and have an
adverse impact on the surrounding community.
This finding cannot be made.
SECTION 2 — FINDING OF PUBLIC CONVENIENCE OR NECESSITY
The request for a new Type 21 (Off -Sale General) License is within a census tract that is considered
over -concentrated with on -sale licenses, that has exceeded the maximum number of allowed off -
sale licenses yet is not considered a high -crime area. But the adjacent reporting district is the third
highest ranked crime district in the City of Orange.
Granting a Type 21 (Off -Sale General) License to allow the sale of beer, wine, and distilled spirits
for off -premise consumption would not be based upon sound principles of land use or in response
to services required by the community. The proposal is anticipated to have an adverse impact on
neighboring land uses and the community because the area is already over concentrated with on -
sale alcohol licenses, and has exceeded the maximum number of allowed off -sale alcohol licenses.
In addition, the granting of this proposal may impact sensitive land uses in the immediate area
which consist of single family residential neighborhoods.
A finding of Public Convenience or Necessity cannot be made.
SECTION 3 — 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.
I hereby certify that the foregoing Resolution was adopted on August 1, 2022, by the
Planning Commission of the City of Orange by the following vote:
AYES:
Glasgow, Martinez and Trapesonian
NOES:
Simpson
ABSTAIN:
ABSENT:
Vazquez
Planning Commission Resolution No. PC 09-22
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David Va uez, lanning Commission Chair
Date