RES-8938 Upholding Conditional Use Permit No. 2200-97RESOLUTION NO. 8938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE UPHOLDING THE RECOMMENDATION OF
THE PLANNING COMMISSION OF THE CITY OF
ORANGE AND GRANTING A CONDITIONAL USE
PERMIT TO ALLOW SALE OF BEER AND WINE IN
CONNECTION WITH A RESTAURANT UPON PROPERTY
SITUATED AT THE NORTHEAST CORNER OF STATE
COLLEGE BOULEVARD AND RAMPART STREET
Conditional Use Permit 2200-
97 Applicant: Manila Peninsula
Restaurant
RECITALS:After report thereon by the Planning Commission and after due public hearing on
February 2, 1998, as required by law, and after receiving a recommendation from the Planning
Commission recommending, by Resolution No. PC 8-98, that Conditional Use Permit 2200-97
be granted to allow sale of beer and wine in conjunction with a restaurant upon property situated
at the northeast comer of State College Boulevard and Rampart Street, the City
Council considered Conditional Use Permit 2200-97 and determined that the recommendation of
the Planning Commission should be upheld and Conditional Use
Permit 2200-97 be granted.Subject property is
more particularly described as follows:That portion of Lot 9 of the Lockhart Tract in the
City of Orange, County of Orange, State of California, as shown on a Map thereof
recorded in Book 4, Pages 512 and 513 of Miscellaneous Records
of Los Angeles
County, California,described as follows;Parcel 1 as shown on A Map thereof file in Book 23, Page
33 of Parcel Maps in the office of the
County Records of said County.EXCEPTING THEREFROM that certain 25 foot
triangular portion thereof in the most westerly comer described in the deed to City
of Orange recorded March 24,1971 in Book 9581, page 103, of Official Records,
and subject to the matters referred to in Exhibit "A" attached hereto and
hereby made a part hereof.During the public hearing, the City Council
found the facts as follows:1. The applicant, Manila Peninsula Restaurant, is requesting
a conditional use permit to allow the State's Department of Alcoholic Beverage Control (ABC) to
issue a Type "41" On-Sale Beer and Wine License. A "41" Beer and Wine License would allow the
sale of beer and wine in conjunction with the operation of a restaurant and for
subject site is located at the northeast comer of State College Boulevard and Rampart Street
addressed 105 North State College Boulevard) and is zoned C-I (Limited Business)
District.2. The Police Department does not object to the issuance of a Type "41" license
to permit the sale of beer and wine for on-site consumption. To control any adverse
impacts that could be caused by the sale of beer and wine, the Police Department has
recommended
several conditions.3. On February 2, 1998, the Planning Commission made a determination
to recommend that the City Council approve Conditional Use Permit 2200-97 because the
proposal provides a service to the public and it will not have an adverse impact on
surrounding
residents and businesses.4. The Planning Commission's recommendation on Conditional
Use Permit 2200-97 included adopting
14 conditions of approval.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that Conditional Use Permit 2200-97 be
granted for the following reasons:I. The proposal provides
a service to the community.2. The proposal, subject to the conditions, will not have
an adverse impact
on surrounding residents or businesses.BE IT FURTHER RESOLVED that Conditional Use
Permit 2200-97 be
granted subject to the following conditions:I. The use of the building is considered to be a restaurant
and shall consistently operate as a bona fide eating establishment. Interior construction
will remain consistent with plans submitted for review by the Planning Commission. No changes to
the floor plan will occur unless determined by the Community Development Department
to be consistent with CUP 2200-97.2. 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 on the premises. Interior displays of alcoholic beverages which
are clearly visible to the exterior
shall constitute a violation of this condition.3. There shall be no coin-operated
games maintained upon the premises at any time.4. The quarterly gross sales of alcoholic beverages shall
not exceed the gross sales of food or other commodities within the same
time period. The licensee shall maintain records which reflect, as separate items, the gross sales of
food and alcoholic beverages. These records will be maintained on a quarterly basis (or more frequently)
and will
be made available for
5. There shall be no live entertainment, amplified music, or public dancing permitted on the
premises at any time, with the exception of a piano player and Karaoke inside the restaurant
only.
6. Sales, service and consumption of alcoholic beverages are to be limited to the hours between
11:00 A.M. and 11:00 p.m. Sunday through Thursday and 11 a.m. to 1:00 a.m. Friday and
Saturday, and the day before all federal holidays. Sales and service of alcohol shall cease one
bour before closing of premises.
7. There shall be no lounge area upon the licensed premises maintained for the purpose of sale,
service or consumption of alcoholic beverages directly to patrons for consumption.
8. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises
under control oflicensee.
9. Sale of alcoholic beverages on the premises for off the premises consumption is prohibited.
10. The applicant or restaurant operator will not employ or allow any person to sell or serve
alcoholic beverages while that person is unclothed per section 143.2 and 143.3 ofthe Department
of Alcoholic Beverage Control, Title 4.
11. No special promotional events or activities will be held upon the property unless a written
request is submitted and approved by the Vice Unit of the Police Department, at least one week
in advance ofthe scheduled event.
12. CUP 2200-97 shall be reviewed in one year to evaluate calls for service and/or any
other problems related to the sale of alcoholic beverages. Review shall be conducted by
the Community Development Director and the Police Chief, or their designees. The purpose of
this review is to investigate issues such as loitering, vandalism, criminal activities, noise or
nuisance resulting from approval of this conditional use permit, and to recommend new
conditions,modification, or potential revocation of this conditional use permit, as
needed.13. The applicant agrees to indemnify, hold harmless, and defend the City, its officers,
agents amd employees from any and all liability or claims that may be brought against the city
arising out of its approval ofthis permit, save and except that caused by City's active
negligence.14. The applicant shall comply with all Federal, State and local laws. Violation of any of
those laws in connection with the use will be a cause for revocation of this
permit.The following Code provisions are applicable to this project and are included
for information only. This is not a complete list of requirements, and other Code provisions
may also
apply.If not utilized within two years of the date of Planning Commission approval, this
conditional use permit shall
expire.3 Reso
This conditional use permit does not authorize live entertainment, amplified music or
dancing permitted on the premises at any time. Any proposal for on-site entertainment
shall require submittal for a new conditional use permit per the Orange Municipal
Code.Any request to the ABC for a public premise type license (permitting the consumption
of beer and wine on-site not in conjunction with a restaurant) shall require submittal for
a new conditional use permit per the Orange
Municipal Code.Adopted this 26th day of
May, 1998.Cassandra
J. Cath City Clerk of the City
of Orange I 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 26th day of May,
1998, by the
following
vote:
AYES:
NOES:
ABSENT:ABSTAIN:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ,
SPURGEON. ALVAREZ COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE G4,{~~~Cassandra
J. Cat City Clerk of the City
of Orange
MEB:dg Reso No.
lC;.C;'-"T.IOI lllV. 11.711 lECO"
DINQ "lEQUlEaTED .Y ORANGE
COUNTY, CAliFORNIA V-
17.02)81t-
520959 NO WHIN iltICOiltO"O ......11,. THIS 0110 "'NO. UNI,.
I..OTHliltWIlI1 IIHO""... "1t.OW. .....11,. T...1I .T...TI"'INT.
TO Rocordtd II lilt _
01 CAlif OllilA LAID TITLE
CO.DEe
181984 0"".., .~""
oh O"n'.~Olt"tf (,t.
Io_.O/f<.
a,~ .~~...
N..' 'PhilIp D.
Morgan 717 N. Harwood St..
SuHe Cn...
2200 lI'i~~ L Dallas, Texas
75201 5.
00 n...0 ThIs .
poco lor Re<o~"s uH TilloO,d"'~"h Eocrow No-.._CORPORATION GRANT
DEED
GRANTOR (a)
DECLARE(s) DOCUMENTARYTRANSFER TAX i. $ Q?l ?l;pulnl 011
1,,11 'tal.. of ,,.ny conYr7C'd. oro c_
pul..d 011full ....Iu.. I.... val.,.. 0' Ii.."" or rncumhunch r..m~inina:: ~I limt' "f "'Ir. ~n,I described below)
FOR A
VALUABLE CONSIDERA TlON( receipt of which is he~by ~cknowledged.PIC REALTY
CORPORATION ("PIC")PAID DOc 1RAf4SI{
R'Al lHA flRMo/C;;OItANCI C(I P.~~G;;Vi~corpor:ation
organizedunder the laws of [he 5t:lte of De 1 awa rc hereby GRANT(
S) to MOTOR HOTEL
IiIV~STilElJT AS$OCl!iTE~. a Tex'ls jointventure, cOI~lpriscu of PIC REALTY
CORPOMTlOII and R-V ~C:~'-O"ilEfn COHPAiIY, a Texas corporation the
following described real property in the County
of Orange All
that certain land situated in Orange,
described as follows:That
portion of Lot g of the Orange,
State of California,512
and 513 of Miscellaneous as
follows:Parcell
as shown on a Map thereof filed in Book 33. Page 33 of Parcel Maps. in the
office of the County Recorder of said County.EXCEPTING
THEREFROM that certain 25 foot triangular portion thereof in the most Westerly
corner described in the deed to City of Orange recorded t1arch 24. 1971 in
book 9581. page 103, of Official Records. and subject to the matters referred to
in Exhibit "AM attached hereto and hereby made a part hereof.By
this conveyance. PIC is making a preferred equity contribution to MHIA of the above described
premises, and the above described premises has a value (for the purpose of this
preferred equity contribution) of $335.000.00 (which is equal to PIC's original cost
to acquire the above described prer:lises). ~fteF thl] ee~.e~aRel..MHIA shall pay to
PIC a preferred return equal to the ground rental PIC would have received on the above
described premises until said premises are sold by MHIA. whereupon PIC shall receive
from MHIA a preferred distribution equal to $335.000.00.This
conveyance is being made by PIC in consideration of the agreement by R-V
Development Company to modify the MHIA joint venture agreement to provide that
In \Vitncss Whereof. said corpnrnion h2s C2uscd its corponte n:ame :,md ~:al m be affixed hereto and this
instrument to be executed by its ........ .'lice... President :and...... Ass i stant $ccret2ry [hereunto duly
luthnrlzed. .
f
SHTE OF
TFXA~
1 I)"'d;j..l: C!.0.....4<"- / ~ /'1?'1 COOSTY
OF. DALLA~ - ( SS P~
C
RE~Y O~PO ~l On _.DL."'~r>\b:t.r: JI ~L ,,~ brfor~ m... lh~ un,lu ~ '~~ ~i1::.....I. :
I Notu} P"bho: In and for uld SUit. pu",nalr. :lppr:ut,l ~ g /J. Paul
Slatton . ~no"n -r- Ii' i' {/f/(/ (./.
lo.....
tot...
lh~ _ VicePrt.,Jrfll.~n,j './JkJ.~ ..4 A Vice President Philip D~
Margan ~no"n I" mt I" ht \' J':":A '"Y, ~ .~- _......Assistant............. StctrlU7 0'
Illr
Corpornion Ih~1 ""Kut...1 tht Ass1 s tant Sccr~tary within I""rumt'
nl, known 10..... 10 br Ih.. pt'r>on, who tucu!<,I rh.. ,..jlhinIn.
uumrnl on b..h"lf (If Iho: Corpo'~lion Ihutin namtd.and adno\Vrffi,,~
d 10m~ Ih~1 .uch Corpoutlon ''''<<'>It,1 Ih~ "ithin 1",lrulI\r'
nt pur.uanl 10 it. b,'.law. "r a rt",IUI,,,n of ih ho~"t of tljrrclon. .ITSESS m,'
hantl ~
n.1 offici~1 onl.H(~~~L NOTARY
PUBLIC STATE
OF TEXAS InN r~P1Rr'\
g ?O 83 (Tbi. "u for offirial MUrlal.nli J^LL T'\);
t14T~MES.:r;;]0 f^~TY 51~\fN 0:-1 FO!.I.OWI:"CLl~;Ein' NO PARTY 50 5I1mVS. :'>f..\IL....S 1>IRECTF,n\J\()\'f e%Or:o~
8re~otgye~.aem@~t~CIAt~S 14651 Dallas PKWY; PO Qox 8090,;1 Dallas. TX75130 S.mr 5trr~{
i\ddrtu (',t~. .\ Su" . ----;;'1'City of
Orange,
State
of C:alifomia:
the State ofCaiifornia,
County of Orange. City of I Lockhart Tract. in
the
City of Orange. County of as shown on a
Map thereof recorded in Book 4, Pages Records of Los Angeles
County, California, described J 7Z
EXHIBIT "A"8lt-
520959 1. Taxes for the year 1984 and subsequent years, and subsequent
assessments for prior years due to change in land usage or
ownership.2. Any discrepancies, conflicts, or shortages 1n area or boundary
lines,or any encroachments, or any overlapn1n~ of
iaprovements.3. The lien of supple~en~al taxes. if any.
assessed pursuant to the provisions oC Chapter ~98. Statutes of
1983 of the State of
California.A. 7he fact that the ownership of said la~d does
not incluc~ a~y rig~ts of ingress or egress to or from
the Free~aJ. said rights having been relin~uis~ed by the
deed from Ray B. Roberts and others. to the State of
California,recorced June 1. 19541 in book 2737. page 564..
Official
Records.5. A \.:aiver in faVo~ of the State of Cali Cornia of
any claim for da~ages to said land by reason of the
location,construction, la~dsca?ing, or maintenance of a Free~
ay ccnti~~ous t~e~~~o as co~tained in the above rne~tioned
deed,6. JI.n ea.se:::-.e:l~ Cor se....e:- a:1d .atet" line'purposes includ~d within
a st~ip oC land 15.00 Eeet wide ove:- a portion of Lot 9 of
Loc~~ar~ Trac~, as sho~n on a map recot"ced in Boo~ 4,Pac;~s
512. and 513 oC Hiscellaneous Records of Los Angeles County, California.
being a portion of ?a~cel 2, as sho*n on a nap
filed in Soo~ 29. Page 23 of Parcel Maps. in the o:fice
o~ the COU:lty Recorder of said O::.ange County.Califor~ia,
the South~esterly line of said 15.00 foot strip being described
as Collows:Beginning at
a point in the Southeasterly line of said Parcel 2.
distant North 49D 29' 4Sn East 250.92 feet thereon iroQ the
most Sou"'.:...;erly corne~ thereof; thence North 400 30'15~ West
292 ~3 feet. as reserved by Ray B. Roberts and Lo?ena
E. Roberts, husband and wife. in the deed recorded Decer.be=
18. 1970 in book 9494. page 81, Official Records.7. An
ease~e;J.t for sa:litary se....e:- and dOr.iestic ....ater line purposes over, under,
across and through a strip of land,20.00 feet
in width, lying 10.00 feet o[ each side of the follo~ir.g
ces~ribed line:B~ginning at
a point of the most North~e~~erly lin~ of Parcell of HaD
recorded in Book 29, Pag~ 23 of Parcel Haps,Records of Ora~
ge County, California. distant North 490 29'45n'East 265.
92 feet from the most Weste~ly corner of said Parcel 1; the~
ce at right angles, North ~Oo 30' IS" West a distance of 292.
13 feet to the most Nortr.~esterly line of Pa~cel 1
of 2 ~ao recorded in Book 33. Page 33 of Parcel Ma~s, as
set for~h in the deed to the City of Orange,re~orded i'
larch 10, 1971 in boo~ 9567, p.?se 1, Official R~::ords.8. }
oJ! ease:::
e:-::t forse.....er ar.d .....aterline purposes over a strio of 12.nd
15 feet ....ide. as described in deed to City of Ora:1g~ recorded ';.pri1
28, 1971 in book S621. page 274,Official Records a:-::d
as she.....nupon Parcel Map filedin book 3, paSe 33 of Parcel
Ma?s, records .of Orange County.9. Intentionally Deleted
f~-J::
i-
t~ <
x...
t
1
i~
c"" ..-8~-
520959
EXHIBIT "
A"
CONTINUEO
10.
Any fi!
c~s. rights.
interests, or clai::ls which are not sho~n by th~ public records
but ~hich could be ascertained by ~aking i~~uiry o~ :he
L~ssors in the LeGse or Leases described C~ refe~red to he~
e:n.116 The e~f~c~ of
any failure to co~?ly ~ith the ter~s.cOVe~ants and conditions of the
Lease or Leases c~scribed herein.12: An ~cse=e~t
for
pu~lic utilities and incidental pu~poses. as granted to Southern
California Edi~cn Co~?any.in deed re=o~ded October
24, 1971 in book 986B, page 966,and Nove~=e~ 10. 1971 in
book 9883. page 53. of Official Records.SAid ease~ents a~iects
a
s~riD of la~d 6 feet in ~idth.lying wi~hin Parcel No. 1
of Parcel ~ap recorded in book 33~page 33 of ?arcel ~aps~ in
the office of the recorder of Ora~ge Cou~~y~ the ce~
terline of said 6 foot strip being cescribed as !ollo~s:5egin~i~
g a~ a point
in the So~~h~es~erly line of said Parcel No. l~ said point being
also in the Northeasterly line of S:a~e College
Boule~ard~ dis:a~~ South~as:~=ly hereon 110 feet fro~ t~e ~
ost ~es~e=ly co~~er of said Parcel No. 1; t~er.ce~
No=t~easterly at ris~t a~g!es from said Sout~~~ste=lv line a
ciista~ce of 3 feet; th~~ce,North_es~erly~ pa;allel ~ith
said Socth.esterly line a cistance of 107 feet~ more or
less to a point in a line that is parallel ~ith and distant Southeasterly
3 feet, ~easured at right angles from the North~
esterly line of said Parcel No. 1; the~ce, Northeasterly along
last mentioned parallel line a distance of 348 feet,
thence, Southeasterly, at right angles to said last ~entioDed parallel
lir.e a dis~a~ce of 85 feet.