RES-10278 Approval of Conditional Use Permit 1009 N. Tustin StreetRESOLUTION NO. 10278
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING APPEAL NO.
0525-08 AND APPROVING CONDITIONAL
USE PERMIT NO. 2687-07 TO ALLOW
AN ALCOHOLIC BEVERAGE TYPE 47 (ON-SALE
GENERAL FOR A BONA FIDE PUBLIC
EATING PLACE) LICENSE FOR AN EXISTING
RESTAURANT LOCATED AT 1009
NORTH TUSTIN STREET.APPLICANT: EL CONEJO, dba
THE TACO COMPANY WHEREAS, Conditional Use Permit No. 2687-07 was filed
in accordance with the provisions of the City of
Orange Municipal Code; and WHEREAS, Conditional Use Permit 2687-07 was processed
in the time and manner prescribed by
state and local law; and WHEREAS, the Planning Commission conducted
one duly advertised public hearing on February 4, 2008, and adopted Planning Commission
Resolution No. PC 04-08,
approving Conditional Use Permit 2687-07; and WHEREAS, Appeal No. 0525-08 was
filed in accordance with the provisions
of the City of Orange Municipal Code; and WHEREAS, Appeal No. 0525-08
was processed in the time
and manner prescribed by state and local law; and WHEREAS, the City Council of
the City of Orange conducted a duly advertised public hearing on March 25, 2008,
for the purpose of considering Appeal No. 0525-08 and Conditional Use Permit No. 2687-
07 for an upgrade to the
existing ABC license upon property located at 1009 North Tustin Street.NOW, THEREFORE,
BE IT RESOLVED that the City Council of the City of Orange hereby
upholds Appeal No. 0525-08 and approves Conditional Use Permit No. 2687-07 to allow an alcoholic
beverage Type 47 (on-sale general
SECTION 1 - FINDINGS 1.
The project is consistent with the goals and policies stated within the City's General
Plan in that the project would promote a commercial enterprise and support
a revenue generating business. Police Department review of the ABC license
and their recommendation of conditions is in support of the General Plan Safety
Element Goals that require the City to maintain an adequately manned and
equipped police force, maintain crime prevention programs designed to protect
residents and property from crime, and involves the Police Department in
the development review process.2.
The granting of this Conditional Use Permit would be based upon sound principles
of land use and in response to services required by the community in that
the project is located along Tustin Street, which serves City residents as well
as persons traveling to the area. The area consists of restaurants serving alcohol
under similar conditions to the proposed project. The subject property also
has an existing Type 41 license (on-site beer and wine for a bona fide
eating place), and is requesting to upgrade to a Type 47, (on-site general for
a bona fide eating place). The ability to provide a full service bar in
conjunction with a complete menu at a full serve sit down restaurant is in response
to services required by the community. Offering these types of services
located along a major arterial is based on sound principles of land
use.Notwithstanding the higher than average crime rate in the reporting district
the Police Department and Staff support the upgrade because it would place
more restrictive conditions on the property, than what previously existed. Also,
the restaurant has a clean record with its existing Type 41
license.3. The selling of alcoholic beverages from the project site is not anticipated
to have an adverse impact on neighboring land uses. There are no schools within
a 600-foot radius; however, there are residential properties to the east and
west of the subject parcel. The residences do not have direct access to the
project site since the property is surrounded by a block wall on three sides.
The City requires that an Alcohol Management Plan be completed by the
business owner and training be conducted for all their employees. The Plan
includes measures that control the sale and consumption of alcohol so that it would not
cause the deterioration of bordering land uses. An incident log would be
maintained on-site and shall be made readily available for review by the
Police Department.Conditions 6 and 7 state that the site will be reviewed after one year
and the activity level monitored at the site. If the Police Department deems that
the site has too many incidences, they can request that the license
be reconsidered.These conditions have been imposed to mitigate any impacts associated
with the use and prevent deterioration of
surrounding properties.4. The proposal is not anticipated to have adverse impacts on the
community or neighboring land uses. There are residences within 600 feet from
the subject property. The Alcohol Management Plan contains measures that
prevent the sale of alcohol off the premises or those who appear intoxicated.
There
be no advertisement of alcohol in the windows and the sale of alcohol is
required to cease one hour prior to closing. The measures in the Alcohol
Management Plan and the Conditions of Approval ensure that the upgrade to a
Type 47 ABC license at this location considers the effect the use has on the
neighboring properties in the surrounding community.
5. The Police Department has reviewed the proposal and did not express any
concerns with the hours of operation, floor plans, and building entries. The
Police Department will review restaurant operation and police records for
excessive calls one year after the beginning of the sale of alcoholic beverages
Condition 6). If the Police Department finds that the restaurant is not operating
as required, or there is a history of criminal or nuisance behavior, the
Department will recommend that the Planning Commission reconsider this
application (Condition 7).
Other conditions have been placed on the project to reduce crime inducing
activities by managing the food to alcohol service ratio (Condition 8), limiting
the hours of that alcohol can be sold (Condition 11), manner of alcohol
dispensing (Conditions 12 & 13), and prohibiting off-site sales of
alcohol Conditions 5 & 17). The conditions serve to counteract the high crime
rate within the reporting district and census
tract.6. The data and analysis upon which these findings of fact are based,
including those in Section 2 of this Resolution, are set forth in the staff report
for Conditional Use Permit 2687-07 and Appeal 0525-08,
staffs oral presentation,public testimony, and Planning Commission and City
Council comments which constitute the City Council's review and
approval ofthis application.SECTION 2 -
ENVIRONMENTAL REVIEW 1. Categorical Exemption: The proposed project is categorically
exempt from the provisions of the California Environmental Quality Act (CEQA)
per State CEQA Guidelines 15301 (Class1 - Existing Facilities) because the
project consists of the operation and licensing of an existing private structure. There
is no public review
required.SECTION 3 - CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with
approval:
1. The applicant agrees to indemnify, hold harmless, and defend the City, its officers,
agents and employees from any and all liability or claims that may be brought
against the City arising out of its approval of this permits, save and except that
caused by the City's active negligence.
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2. The applicant, business owner, business manager, and all future assigns shall
comply with all federal, state, and local laws, including all City regulations.
Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
3. Any future expansion in area or in the nature and operation of the use approved by
Conditional Use Permit No. 2687-07 shall require an application for a new
or amended Conditional Use
Permit.4. The premises shall comply with applicable State Alcoholic Beverage Control
Board
requirements.5. The sale and delivery of alcoholic beverages shall be made to persons who
are within the licensed premises only. This includes the interior dining area and
two exterior patio dining areas. The sale and delivery of alcoholic beverages shall
not be through a pass-out window, drive thru window, or a slide-
out tray for consumption
off the premises.6. This Conditional Use Permit shall be reviewed one year from the
date of approval and may be reviewed each year thereafter. The
Community Development Director and Police Chief or designees shall conduct the review jointly. The
purpose of this review shall be to identify uniquely adverse issues such
as loitering, vandalism,criminal activity, noise, or nuisance resulting from approval of the
CUP. If such issues are identified, the CUP shall be presented to the
Planning Commission for their consideration of conditions,
modifications or revocation.7. The activity level of the business shall be monitored by
the Crime Prevention Bureau to establish the level of police services used for the
business. Should the level of police services demonstrate that the applicant has
not controlled excessive,or unnecessary activity resulting in high use of police services, or
that the applicant has failed to comply with enforcement or application of measures
related to curfew and truancy which are listed below, then this Conditional Use
Permit shall be reviewed for consideration of further conditions,
modifications or revocation.8. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food and meals during the same time period. The licensee shall
at all times maintain records which reflect separately the gross sales of food and
the gross sales of alcoholic beverages of the licensed business. Said records shall be
kept no less frequently than on a quarterly basis and shall be made
available on request.9. The subject alcoholic beverage license shall not be exchanged for
a public premises type license nor operated as a public premises since the Type 47 license
is for
an eating place.10. The premises shall be maintained as bona fide restaurant and shall
provide a menu containing an assortment of foods normally offered
in
11. Sales, service, and consumption of alcoholic beverages shall be permitted from
11 :00 a.m. to one hour prior to closing.
12. At all times when the premises are open for business, the sale and service of
alcoholic beverages shall be made only in conjunction with the sale and service of
food.
13. There shall be no bar or lounge area upon the licensed premises maintained for the
purpose of sale, service or consumption of alcoholic beverages directly to patrons
for consumption.
14. There shall be no "Happy Hours" when alcoholic beverages are offered at a reduce
rate.
15. At no time shall there be a fee for entrance/admittance into the premises.
16. No alcoholic beverages shall be sold from any temporary locations on the premises
such as ice tubs, barrels, or any other containers.
17. The sale of beer, wine, and/or liquor for consumption off the premIses IS
prohibited.
18. Signs shall be posted at all exits of the indoor and outdoor dining areas, which
prohibit alcoholic beverages from leaving the confines of the premises.
19. Alcoholic beverages shall be sold and served in containers, which are
distinguishable from other non-alcoholic beverages sold at the
premises.20. Prior to the issuance of a building permit, plans must show that exterior doors
and windows, as well as the interior of the business, shall be protected by an
approved alarm system, which shall detect an attempted entry or presence of people
within the business during closing
hours.21. There shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the availability
of alcoholic beverages. Interior displays of alcoholic beverages, which are
clearly visible to the exterior, shall constitute a violation of this
condition.22. The Applicant shall not employ or permit any persons to solicit or
encourage others, directly or indirectly, to buy them drinks in the licensed premises under
any commission percentage salary or other
profit.23. No portion of the premises shall be deemed to be private for the purposes
of dispensing alcoholic beverages to selected patrons, where the licensee
recognizes any form of membership cards, keys or passes which would entitle the holder
entry or preferential admittance or exclusive use of any portion of the
mentioned
premIses.
24. There shall be no live entertainment, amplified mUSIC, karaoke, or dancing
permitted on the premises at any time.
25. The use of any amplifying system, outdoor sound system, loudspeakers, paging
system or any other such device is prohibited on the licensed premises. The drive
thru is allowed to maintain the existing system for drive thru food service only.
26. There shall be no pool tables or coin-operated games maintained upon the
premises at any
time.27. The parking lot of the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of all
persons on or about the parking
lot.28. Lighting in the parking area of the premises shall be directed, positioned
and shielded in such a manner so as not to unreasonably illuminate the window area
of nearby
residences.29. The petitioner(s) shall be responsible for maintaining free of litter any area
adjacent to the premises over which he has
control.30. Graffiti shall be removed from the exterior walls and windows of the
premises within 72 hours of
discovery.31. There shall be no special promotional events held on the property unless a
written request for such is received and approved by the City of Orange
Community Development Director and the Police Department's Vice Unit at least one week
in
advance.32. All employees of petitioner who sell or serve alcoholic beverage products shall
be required to complete a training program in alcoholic beverage compliance,
crime prevention techniques and the handling of violence. For new employees
of petitioner, such training program must be completed within 30 days of the date
of
hire.33. As long as a restaurant is on the parcel and it maintains an ABC Type 47
On-Sale General for a Bonafide Eating Establishment license, the restaurant is required
to be a sit down restaurant with full wait service inside the building and on
the
ADOPTED this 8th day of April, 2008
ATTEST:
ange
Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 8th day of April, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
of Orange
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