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HomeMy WebLinkAbout2023 PC 17-23 M ORANGE, INC. (ROBERT TIEN) CONDITIONAL USE PERMIT NO. 3204-23CONDITIONAL USE PERMIT NO. 3204-23 RESOLUTION NO. PC 17.23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3204.23, ALLOWING BEER AND WINE SALES FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH A NEW STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 4l LICENSE (ON.SALE BEER AND WINE _ EATING PLACE) AT AN EXISTING RESTAURANT LOCATED AT 1952 N. TUSTIN STREET APPLICANT: M ORANGE,INC. (ROBERT TIEN) WHEREAS, the Planning Commission has authority pursuant to Orange Municipal Code (OMC) Table 17.08.020 and Sections 17.10.030.C and 17.30.030 to take action on Conditional Use Permit No. 3204-23, allowing beer and wine sales for on-site consumption in conjunction with a new State of California Department of Alcoholic Beverage Control (ABC) Type 41 License (On- Sale Beer and Wine - Eating Place) at an existing restaurant, located at1952 N. Tustin Street, upon property described in Exhibit A attached and incorporated herein by this reference (Project); and WHEREAS, the application for Conditional Use Permit No. 3204-23 was filed by the applicant in accordance with the provisions of the OMC; and WHEREAS, the application for Conditional Use Permit No. 3204-23 was processed in the time and manner prescribed by State and local law; and WHEREAS, Conditional Use Permit No. 3204-23 is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities), as the project consists of licensing the sale of alcoholic beverages at an existing restaurant that results in negligible or no expansion of use beyond that existing at the time of the City's determination; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on October 16,2023, at which time interested persons had an opportunity to testiflu either in support of, or opposition to, the proposed Conditional Use Permit No. 3204-23. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Orange hereby approves Conditional Use Permit No. 3204-23 for allowing beer and wine sales for on-site consumption in conjunction with a new State of California Department of Alcoholic Beverage Control (ABC) Type 41 License (On-Sale Beer and Wine - Eating Place) at an existing restaurant located at 1952 N. Tustin Street, based on the following findings: Resolution No. PC 17-23 Page 2 of 10 SECTION 1 _ FINDINGS General Plan Finding: 1. The project must be consistent with the goals and policies stated within the City's General Plan. The Project is consistent with the goals and policies stated in the City's General Plan Land Use and Economic Development Elements in that alcohol service for on-site consumption in a restaurant promotes commercial enterprise, supports a revenue-generating business, and encourages a successful commercial district. Permitting the existing restaurant to serve alcohol in conjunction with meals allows the establishment to be competitive with other restaurants in the area that are already permitted to sell alcoholic beverages. Authorizing alcohol service for an existing restaurant may help to retain the restaurant, thereby maintaining economic activity and demonstrating economic vitality in the area. The Orange Police Department's ("OPD") review of the license and recommended conditions of approval support the General Plan Public 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 involve the Police Department in the development review process. 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. The granting of this Conditional Use Permit is based upon sound principles of land use and in response to services required by the community. Consideration has been given as to whether the proposed use will detrimentally affect adjacent land uses. The proposed use provides an opportunity to those customers desiring to purchase alcohol with food at a restaurant. It will occur on a site that has been zoned for a mix of uses, and the subject property is adjacent to similar uses along the N. Tustin Street corridor, a commercial destination that serves City residents as well as visitors. The sale of alcohol is accessory to the existing restaurant and will occur only when a complete restaurant menu is available. This is a service typically expected by the public in association with a restaurant. Strong consideration was given to the manner in which the business will operate under the provisions of this Conditional Use Permit. As conditioned, its operation should not create a nuisance to the community or a burden on police services. Consideration was given to the over- concentration of on-sale licenses within the Census Tract and the crime rate in the Reporting District, and conditions have been placed on the project to compensate for potential detrimental effects that could be caused by alcohol consumption. As conditioned, alcohol service should not contribute to the crime rate in the Reporting District. Resolution No. PC 17-23 Page 3 of l0 2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or creote special problems for the area in which it is located. The request to serve alcohol with food at the existing restaurant is not anticipated to have adverse impacts on surrounding land uses or create a special problem, because the site is located within the Limited Business Tustin Redevelopment Project Area (C-TR) zoning district, which is intended to function as a retail and service commercial district. While there are sensitive land uses within 600 feet of the site, these properties do not have direct access to the subject property and the sale of alcohol would be accessory to the primary function of the restaurant. Specific project features combined with project conditions compensate for detrimental effects that could be caused by alcohol service and an over-concentration of alcohol licenses within Census Tract. The conditions of approval require food service with alcohol sales, restrict areas of consumption to the defined dining area, limit promotions of alcoholic beverages, prohibit certain methods of distributing alcoholic beverages, address graffiti and litter removal, and require employee training for those serving alcohol to patrons. Potential undesired side effects of overconsumption of alcohol are not anticipated to occur at a restaurant where food service is the primary function. 3. A Conditional Use Permit must be considered in relationship to its ffict on the community or neighborhood planfor the area in which it is located. The location of the restaurant is near the intersection of E. Meats Avenue and N. Tustin Street. N. Tustin Street is a main commercial corridor where shopping and dining establishments are expected to be concentrated. The proposed accessory alcohol service at a restaurant will support the success of the restaurant and the continuation of a vibrant commercial district. The use is not anticipated to have an adverse impact on neighboring land uses and the community, because granting an additional on-sale license with appropriate conditions would not affect sensitive land uses in the immediate area. In addition, the operation of alcohol sales is subject to the regulations contained in the Conditions of Approval, which are crafted to mitigate potential negative effects that could occur as a result of the approval of this Conditional Use Permit. 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. The conditions for the Conditional Use Permit are put forth with the purpose of preserving the general welfare of the community. The OPD conditions include a review of the restaurant operation and police records for excessive calls one year after the beginning of the sale of alcoholic beverages. If the Police Department finds that the restaurant is not operating as required, or if there is a history of criminal or nuisance behavior, the Department will recommend that the Planning Commission reconsider this application. Other conditions have been placed on the project to reduce crime-inducing activities by requiring food service with alcohol sales, restricting areas of consumption to the defined dining area, limiting promotions of alcoholic beverages, prohibiting certain methods of distributing alcoholic beverages, addressing graffiti and litter removal, and requiring employee training for those serving alcohol to patrons. I 2 Resolution No. PC 17-23 Page 4 of 10 SECTION 2 - ENVIRONMENTAL REVIEW The proposed Project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15301 (Class I - Existing Facilities) because the project consists of the operation and licensing of a restaurant in an existing commercial building, consistent with the properfy's zoning and General Plan designation. SECTION 3 - APPROVAL AND CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the Planning Commission hereby approves Conditional Use Permit No. 3204-23, with the following conditions: General Conditions Any future change in the nature and operation of the use approved by Conditional Use Permit (CUP) No. 3204-23 shall require an application for a new or amended CUP. If the Community Development Director determines that the proposed change complies with the provisions and the spirit and intent of the approval, and that the action would have been the same for the changed plan as for the approved plan, the Community Development Director may approve the change administratively. The applicant agrees, as a condition of City's approval of CUP 3204-23, to indemnifu, defend, and hold harmless, at applicant's expense, the City, its officers, agents, and employees (City) from and against any claim, action, or proceeding brought against the City, including, but not limited to, any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the City's approval, to challenge the determination made by the City under the California Environmental Quality Act (CEQA) or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notifu applicant of any such claim, action or proceeding to which the City receives notice and to cooperate fully with the applicant in the defense thereof. Applicant shall reimburse the City for any and all costs and expenses, including, but not limited to, court costs and attomey's fees that the City may be required to pay, including any expenses ordered by a court or expenses incurred through the Office of the City Attorney in connection with said claim, action or proceeding.City may, in its sole discretion, participate inthe defense of any claim, action or proceeding but such participation shall not relieve applicant of the obligations of this condition. In the event the applicant is required to defend City in connection with such claim, action or proceeding, City shall have the right to approve counsel to so defend the City, approve all significant decisions concerning the manner in which the defense is conducted and approve any all settlements, which approval(s) shall not be unreasonably withheld. The obligations set forth herein remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgment rendered in the proceeding. Further, applicant agrees to indemnifr, defend and hold harmless the City for all costs and expenses incurred in enforcing this provision. This CUP shall be reviewed one year from the date of approval and may be reviewed each year thereafter. The review shall be conducted jointly by the Community Development Director and Police Chief or designees. The purpose of this review shall be to identiff J 4 5 Resolution No. PC 17-23 Page 5 of l0 criminal activity resulting from approval of the CUP. If such issues are identified, the CUP shall be presented to the Planning Commission for its consideration of conditions, modifications, or revocation. Oper ati onal C ondit i ons The applicant shall comply with all federal, state, and local municipal laws, including local City ordinances and regulations. Any violations of these laws in conjunction with this use may be a cause for revocation of this permit. Prior to the operation of the business, the applicant shall file for, or if applicable, amend a business license with the Business License Division. Failure to obtain the required business license will be cause for revocation of this approval. In conjunction with the ongoing operation of the business, the premises shall comply with all requirements placed upon it by the State Alcoholic Beverage Control ("ABC") Board. The business is requesting to operate Sunday through Monday, from 11:00 a.m. to 9:00 p.m., and Thursday through Saturday, from 11:00 a.m. to 10:00 p.m. These hours do not restrict employees from being on the premises before opening for preparations and deliveries or after close for clean-up. Clean-up may not be conducted by patrons. The activity level of the business shall be monitored by the OPD to establish the level of police services used for the business. Should the level of police services demonstrate that the permittee has not controlled excessive or unnecessary activity resulting in high use of police services, then this CUP shall be reviewed for consideration of additional conditions, modifications, or revocation. The use of the business is considered a restaurant. Interior construction shall remain consistent with the plans submitted for review by the Planning Commission. No changes to the floor plan will occur unless a revised floor plan is approved by the Community Development Department. None of the floor area will be designated for dancing or live entertainment unless a subsequent CUP is approved by the Planning Commission. 6 7 8 9 10 11 No person in the establishment shall appear in such a manner that the genitals, public hair, pubic hair region, buttocks, anus, natal cleft, anal region, nipple or areola is exposed to public view or is not covered by an opaque covering. The subject ABC license shall not be exchanged for a public premises type license nor operated as a public premise. 12. The sale of beer and/or wine for consumption off the premises shall be prohibited. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the permittee. 13 Resolution No. PC 17-23 Page 6 of 10 All alcohol shall be consumed on the subject site, within the defined dining areas. Signs shall be posted on all exits of the premises, which prohibit alcoholic beverages from leaving the confines of the premises. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. 16. At no time shall there be a fee for entrance/admittance into the premises. t7.Employees and/or contract security personnel shall not consume any alcoholic beverages prior to or during their work shift. Any and all security officers provided shall comply with all state and local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the Califomia Business and Profession Code. Alcohol and Food Service Conditions 18.At all times when the premises is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale of food. t9 Food service, with an available menu, shall be made available until closing time on each day of operation. Alcoholic beverages shall be served by a waiter/waitress only, and only to seated patrons at permitted counters/tables. 21.Alcoholic beverages shall be sold and served in containers, which are distinguishable from other non-alcoholic beverages sold at the premises. There shall be no bar or lounge area upon the licensed premises maintained for the purpose of the sale, service, or consumption of alcoholic beverages directly to patrons for consumption. There shall be no generic drink specials, such as "half off drinks, two for one drinks, buy one get one free, etc." No alcoholic beverages will be discounted more than 30% off its regular price. This establishment may offer alcoholic beverages only in combination with non-alcoholic beverages at a reduced rate. t4. 15. 24 20 22 23 25 26 There shall be no time when alcoholic beverages are sold at a ratio of "two-for-one"; no 'ostacking" of beverages, which means the serving of two alcoholic beverages at one time to the same customer; and no sales to an "empty chair", which means that each customer must be physically present at the time of the order of any alcoholic beverage. There shall be no promotions encouraging intoxication or drinking contests. There shall be no requirement to purchase a minimum number of drinks. 27 Resolution No. PC 17-23 Page 7 of 10 28. Special Events 30 No alcoholic beverages shall be sold from any temporary locations on the premises such as ice tubs, barrels, or any other such containers. The petitioner 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. 29 No portion of the premises shall be deemed to be "private" for the purposes of dispensing alcoholic beverages to selected patrons, where the permittee 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. The use of a promoter (such as a night-club operator) or sub-leasing the premises to be used in conjunction with dancing and/or live entertainment is prohibited. 31 There shall be no live entertainment (including karaoke), disc jockey, or dancing permitted on the premises at any time. Amplified music over a built-in system designated for background music shall be permitted so long as the music is not audible outside when the doors are open. 32.There shall be no special promotional events held on the property, unless a written request for such is received and approved by the Community Development Director and the Police Department's Special Investigation Unit at least one week in advance of the event. Coin Operated Machines JJ There shall be no pool tables or coin-operated games maintained on the premises at any time 34.The business may utilize atoken coin system to reduce the likelihood oftheft and burglaries for U.S. cunency in coin operated machines. Should the token system be implemented, the requirements for a burglary alarm system may be waived. 35 All coin change machines, dollar bill change machines, or token machines that accept and retain U.S. currency shall meet the following: A. The machine is to be designed and constructed to be resistant to unauthorized forced entry attempts from any accessible side ofthe machine. B. The machine is to be installed and secured to prevent its removal from the point of installation within the business. Resolution No. PC 17-23 Page 8 of 10 Security and Exterior 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. 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. The permittee shall install and maintain a closed-circuit television system capable of readily identifting facial features, and stature of all patrons entering the establishment during hours of operation and monitoring the rear ofthe premises. The camera system shall keep a minimum 30-day library of events, which shall be available for downloading and inspection by Orange Police Department. 39 Any music of amplified sound from the interior of the business shall not be audible beyond the premises, in such a manner as to disturb the peace, quiet, and comfort of neighboring occupants, or any reasonable person residing or working in the area. The permittee shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 40 36. 37 38. 41. 43. 45 42 There shall be no exterior advertising of any kind or type. This includes advertising directly to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 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. Uniformed security will be provided by the permittee on days/nights when special event broadcast(s) are being promoted. One security guard per 100 customers shall be present during these broadcasts/events. The premises shall be provided with an interior night light to illuminate the interior and an unobstructed view shall be maintained through storefront windows to provide police patrol officers the ability to observe unlawful activity within the business. The permittee shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor alcoholic beverage sales and patron behavior; handing patrons involved in hghting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the permittee(s;; verif,ring agelchecking identification of patrons; waming patrons of reiching their Arinling 44. Resolution No. PC 17-23 Page 9 of l0 limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. Training: 46. All employees of the permittee 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, such training program must be completed within 30 days of the date of hire. The permittee shall maintain an active list of the employees who have completed the training. The list shall be furnished, upon request, to any sworn police office or member of the Community Development Department. The employees must provide the Orange Police Department a copy of the completed Alcohol Management Program certificate. Miscellaneous: 47.Graffiti shall be removed from the exterior walls, doors, windows, and any additional part of the property (including signage, etc.) within 72 hours of the time the City of Orange Notice of Violation is received by the business operator. ADOPTED this l61h day of October 2023. azquez Planning Commission Chair I hereby certit/ that the foregoing Resolution was adopted by the Planning Commission of the City of Orange at a regular meeting thereof held on the l6th day of October 2023, by the following vote: AYES : Martinez, Simpson, vejar, Maldonado, Tucker, Mccormac k, y azquez NOES: None ABSENT: None Anna Pehoushek, FAICP Assistant Community Development Director Exhibit A Legal Description ALL THAT CERTAIN LAND SITUATED IN THE STATE OP CALIFORNIA, COUNTV OF ORANGE. CITY OF ORANGE, DESCRIBED AS FOLLOWS: PARCEL I: THAT PORTION OF LOT 19 OF THE FLETCHER TRACT, AS PER MAP RECORDED IN BOOK 3, PAGE 320 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF TUSTINAVENUE AND THE CENTER LINE OF MEATS AVENUE, PER COUNTY SURVEYOR'S TIE BOOK 126, PAGE 30; THENCE NORTH 0 DEGREES 33' ll" WEST 53.50 FEET ALONG THE SAID CENTER LINE OF TUSTIN AVENUE TO A POINT ON A CURVE, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 0 DEGREES 45'51" EAST 1200.00 FEET;THENCE WESTERLY 292.06 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13 DEGREES 56' 4I' TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF I3OO.OO FEET; THENCE WESTERLY 153.65 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6 DEGREES 49' 19"; THENCE SOUTH 17 DEGREES 39' 57'WEST 430.65 FEET; THENCE SOUTH 9 DEGREES 13'26" EAST 183.45 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 89 DEGREES 55'04'EAST 546.91 FEET TO THE EAST LINE OF SAID LOT l9; THENCE SOUTH 0 DEGREES 33' 11" EAST 503.90 FEET TO A POINT NORTH 0 DEGREES 33' 11" WEST 79.60 FEET FROM THE SOUTHEAST CORNER OF SAID LOT l9; THENCE SOUTH 89 DEGREES 55'04" WEST 229.99 FEET; THENCE SOUTH 0 DEGREES 33' 11" EAST 49.86 FEET TO THE NORTHEAST CORNER OF TRACT NO.4637, AS PER MAP RECORDED IN BOOK 167, PAGES 33 AND 34 OF MISCELLANEOUS, MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY? THENCE SOUTH 89 DEGREES 55'04" WEST 232.36 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE NORTH 9 DEGREES 13'26'WEST 560.86 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 19 OF THE FLETCHER TRACT, AS PER MAP RECORDED IN BOOK 3, PAGE 320 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF TUSTIN AVENUE AND THE CENTER LINE OF MEATS AVENUE, PER COUNTY SURVEYOR'S TIE BOOK 126, PAGE 30;THENCE NORTH 0 DEGREES 33' 11" WEST 53.50 FEET ALONG THE SAID CENTER LINE OF TUSTIN AVENUE TO A POINT ON A CURVE, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 0 DEGREES 45'51'EAST 1200.00 FEET;THENCE WESTERLY 292.06 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13 DEGREES 56' 47U TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 13OO,OO FEET; THENCE WESTERLY 153,65 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6 DEGREES 49' 19";THENCE SOUTH l7 DEGREES 39' 57u WEST 430.65 FEET; THENCE SOUTH 9 DEGREES 13'36'EAST 183.45 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 89 DEGREES 55' 04" EAST 546.91 FEET TO THE EAST LINE OF SAID LOT 19; THENCE SOUTH 0 DEGREES 33' 11" EAST 503.90 FEET TO A POINT NORTH O DEGREES 33' 11'WEST 79.60 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 19;THENCE SOUTH 89 DEGREES 55' 04" WEST 229.99 FEET; THENCE SOUTH 0 DEGREES 33' 11" EAST 49.86 FEET TO THE NORTHEAST CORNER OF TRACT NO.4637,AS PER MAP RECORDED IN BOOK 167, PAGES 33 AND 34 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 89 DEGREES 55'04, WEST 232.36 FEET ALONG THE NORTH LINE oF SAID TRACT; THENCE NORTH 9 DEGREES 13'26'WEST 560.86 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION THEREOF DESCRIBED IN DEED TO THE CITY OF ORANGE, RECORDED MARCH 11, 1974 IN BOOK IIO92, PAGE 75 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM, THE BUILDINGS, FIXTURES AND IMPROVEMENTS LOCATED THEREIN ASSESSOR'S PARCEL NUMBER: 37 4-051-20