2022 PC 14-22 SANTO REMEDIO MEXICAN RESTO-BARCONDITIONAL USE PERMIT NO.3181-22
RESOLUTION NO. PC 14-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3181-22 FOR A STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
TYPE 47 LICENSE (ON SALE GENERAL — EATING
PLACE) AT AN EXISTING RESTAURANT LOCATED AT
720 E. KATELLA AVENUE
APPLICANT: DRM ENTERPRISE CORP.
Moved by Commissioner 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 and Sections 17.10.030.0 and 17.30.050(4) to take action on Conditional Use
Permit No. 3181-22 for a State of California Department of Alcoholic Beverage Control (ABC)
Type 47 License (On -Sale General — Eating Place), at a 4,411 square foot restaurant located at 720
E. Katella Avenue; and
WHEREAS, Conditional Use Permit No. 3181-22 was filed by the applicant in accordance
with the provisions of the OMC; and
WHEREAS, Conditional Use Permit No. 3181-22 was processed in the time and manner
prescribed by state and local law; and
WHEREAS, Conditional Use Permit No. 3181-22 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 licensing the sale of
distilled spirits in addition to beer and wine within an existing restaurant and results in no
expansion of use beyond that existing at the time of the City's determination. No public review is
required for a categorical exemption; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
September 7, 2022, at which time interested persons had an opportunity to testify either in support
of or opposition to Conditional Use Permit No. 3181-22 upon property described in Exhibit A,
attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves
Conditional Use Permit No. 3181-22 for an ABC Type 47 License (On Sale General — Eating
Place) for a 64,411 square foot restaurant, located at 720 E. Katella Avenue based on the following
findings:
Resolution No. PC 14-22
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SECTION 1— FINDINGS
General Plan Finding:
I. 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 the creation of a successful commercial district. Permitting an existing restaurant
to serve distilled spirits in addition to beer and wine 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 general alcohol service for an existing restaurant may
help to retain the restaurant, thereby maintaining economic activity in the and demonstrating
economic vitality in the area.
Police Department review of the license and recommended conditions 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.
Consideration has been given as to whether the proposed use will detrimentally affect adjacent
land uses. The proposed use provides an opportunity to those residents desiring to purchase
alcohol with food at a restaurant. It will occur on a site that has been zoned for a mix of retail
and service uses, and the subject property is adjacent to similar uses around, a commercial
destination that serves City residents as well as visitors. The sale of alcohol is accessory to the
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 is not anticipated a
nuisance to the community or a burden on police services. Consideration was given to the over -
concentration of on -sale licenses and 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, service of distilled spirits in addition to beer and wine
should not contribute to the crime rate in the Reporting District.
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 request to serve general alcohol with food at the restaurant is not anticipated to have
adverse impacts on surrounding land uses or create a special problem, because the site is
located in the Commercial Professional (CP) zone, which is intended to function as a
commercial and mixed -use center. While there are sensitive land uses within 600 feet of the
Resolution No. PC 14-22
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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 conditions of approval address potential detrimental effects that could be
caused by modified alcohol service and an over -concentration of alcohol licenses within the
Reporting District and census tract. Project conditions require food service with alcohol service
at all times, restrict areas of consumption, limit alcoholic beverage promotions, restrain certain
methods of dispensing alcoholic beverages, address graffiti and litter removal, and require
employee training. 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 effect on the community
or neighborhood plan for the area in which it is located.
The location of the restaurant is on East Katella Avenue, 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 an active commercial district. The modification in alcohol service is not anticipated to have
an adverse impact on neighboring land uses and the community, because conditions of
approval have been designed to minimize the potential for adverse effects on sensitive land
uses in the immediate area.
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 of approval for the Conditional Use Permit are put forth with the purpose of
preserving the general welfare of the community. The Orange Police Department 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 service at all times, prohibiting alcoholic beverage
promotions, restraining certain methods of dispensing alcoholic beverages, addressing graffiti
and litter removal, and requiring employee training.
SECTION 2 — ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of CEQA per State CEQA
Guidelines Section 15301 (Class 1 — Existing Facilities) because the request consists of licensing
the sale of distilled spirits in addition to beer and wine within an existing restaurant and results in
no expansion of use beyond that existing at the time of the City's determination. No public review
is required for a categorical exemption.
SECTION 3 — CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
1. The permittee 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
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arising out of its approval of this permit, save and except that caused by the City's active
negligence.
2. The property shall conform in substance and be maintained in general conformance with
the plans labeled as Staff Report Attachment 8 (dated July 22, 2022), and as recommended
for approval by the Planning Commission.
3. Any future change in the nature and operation of the use approved by Conditional Use
Permit No. 3181-22 shall require an application for a new or amended Conditional Use
Permit.
4. The permittee shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use may be cause for
revocation of this permit.
5. These conditions shall be reprinted on the first page of the construction documents, if
submitting to the Building Department for the plan check process.
6. The project shall comply with the requirements of OMC Chapter 15.52 (Building Security
Standards), which relates to hardware, doors, windows, lighting, etc. Approved structural
drawings, if any, shall include sections of the security code that apply. Specifications,
details, or security notes may be used to convey the compliance.
7. If not utilized, this project approval expires two years from the approval date. An
extension of time may be permitted upon a written request, if received before the
expiration deadline.
8. In conjunction with the ongoing operation of the business, the premises shall comply with
all requirements placed upon it by the State ABC Board.
9. This Conditional Use Permit 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 identify criminal activity resulting from approval of the Conditional
Use Permit. If such issues are identified, the Conditional Use Permit shall be presented to
the Planning Commission for its consideration of conditions, modifications, or revocation.
10. The activity level of the business shall be monitored by the Police Department 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 Conditional Use Permit shall be reviewed
for consideration of further conditions, modifications or revocation.
11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
and meals during the same time period. The permittee 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. Records shall be kept no less frequently than on a quarterly basis
and shall be made available to the City on request.
12. The use of the business is a restaurant. Interior construction shall remain consistent with
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
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Department. None of the floor area will be designated for dancing or live entertainment
unless a subsequent Conditional Use Permit is approved by the Planning Commission.
13. The subject ABC license shall not be exchanged for a public premises type license nor
operated as a public premise.
14. The sale of distilled spirits, beer and/or wine for consumption off the premises shall be
prohibited.
15. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the permittee.
16. All alcohol shall be consumed on the subject site, within the defined dining areas. Signs
shall be posted on all exits of the premises that prohibit alcoholic beverages from leaving
the confines of the premises.
17. 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.
18. The hours of operation shall be Sunday to Saturday 10:00 a.m. to midnight. 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
Community Development Director may approve a change in the hours of operation,
subject to approval by the Police Department.
19. At no time shall there be a fee for entrance/admittance into the premises.
20. 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 California Business and Profession Code.
21. 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.
22. Food service, with an available menu, shall be available until closing time on each day of
operation.
23. Alcoholic beverages shall be served by a waiter/waitress only, and only to seated patrons
at permitted tables.
24. Alcoholic beverages shall be sold and served in containers that are distinguishable from
other non-alcoholic beverages sold at the premises.
25. 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.
26. There shall be no alcohol service to patio diners.
27. No alcohol shall be served at the bar without a food purchase.
28. Alcohol shall be served by an employee to dining guests, with no walk-up orders
permitted.
29. There shall be no "Happy Hours" when alcoholic beverages are offered at a reduced rate.
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30. 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
and messages such as "Happy Hours" signs. Interior displays of alcoholic beverages that
are clearly visible to the exterior may constitute a violation of this condition.
31. There shall be no time when alcoholic beverages are sold at a ratio of two for one; no
"stacking" 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.
32. There shall be no promotions encouraging intoxication or drinking contests.
33. There shall be no requirement to purchase a minimum number of drinks.
34. No alcoholic beverages shall be sold from any temporary locations on the premises such
as ice tubs, barrels, or any other such containers.
35. The permittee shall not employ or permit any persons to solicit or encourage others,
directly or indirectly, to buy them drinks in the premises under any commission percentage
salary or other profit.
36. 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.
37. The use of a promoter (such as a night-club operator) or sub -leasing premises to be used
in conjunction with dancing and/or live entertainment is prohibited.
38. 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 designed
for background music shall be permitted so long as the music is not audible outside when
doors are open.
39. Any music or amplified sound in the restaurant 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.
40. 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 Vice Unit at least one week in advance of the event.
41. There shall be no pool tables or coin -operated games maintained on the premises at any
time.
42. 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.
43. Lighting in the parking area of the premises shall be directed, positioned, and shielded in
such a manner so as to not unreasonably illuminate the window area of nearby residences.
44. The permittee shall install and maintain a closed circuit television system capable of
readily identifying facial features and stature of all patrons entering the establishment
during hours of operation and monitoring the rear of the premises. The camera system
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shall keep a minimum 30 day library of events, which shall be available for downloading
and inspection by the Orange Police Department.
45. The use of any amplifying systems, outdoor sound system, and paging system or any other
such device is prohibited on the licensed premises.
46. The permittee shall be responsible for maintaining free of litter the area adjacent to the
premises over which he/she has control.
47. 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.
48. 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.
49. 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.
50. 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; handling patrons
involved in fighting 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);
verifying age/checking identification of patrons; warning patrons of reaching their
drinking limit/potential intoxication and refusing to sell; calling the police regarding
observed or reported criminal activity.
51. 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 officer or member of the Community
Development Department.
52. Graffiti shall be removed from the exterior walls and windows of the premises within 72
hours of discovery.
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I hereby certify that the foregoing Resolution was adopted on September 7, 2022, by the
Planning Commission of the City of Orange by the following vote:
AYES: Glasgow, Martinez, Vazquez
NOES: None
ABSENT: Simpson, Trapesonian
David Vazquez, Planning Commission Chair
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