2022 PC 31-22 PFP ORANGE, LLC CONDITIONAL USE PERMIT NO. 3187-22CONDITIONAL USE PERMIT NO.3187-22
RESOLUTION NO. PC 31-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3187-22, FOR A STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
TYPE 47 LICENSE (ON SALE GENERAL — EATING
PLACE) AT A PROPOSED RESTAURANT AND
EXPANDED PATIO LOCATED AT 1623 W. KATELLA
AVENUE, SUITE 102
APPLICANT: PFP ORANGE, LLC.
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 and Sections 17.10.030.0 and 17.30.050(3) to take action on Conditional Use
Permit No. 3187-22, allowing a restaurant with general sales for on -site consumption in
conjunction with a new State of California Department of Alcoholic Beverage Control (ABC)
Type 47 License (On -Sale General — Eating Place), at a 4,589 square foot proposed restaurant and
1,275 square foot outdoor patio located at 1623 W. Katella Avenue, Suite 102; and
WHEREAS, Conditional Use Permit No. 3187-22 was filed by the applicant in accordance
with the provisions of the OMC; and
WHEREAS, Conditional Use Permit No. 3187-22 was processed in the time and manner
prescribed by state and local law; and
WHEREAS, Conditional Use Permit No. 3187-22 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 patio 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
December 5, 2022, at which time interested persons had an opportunity to testify either in support
of or opposition to Conditional Use Permit No. 3187-22 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. 3187-22, allowing a restaurant with general sales for on -site
consumption in conjunction with a new State of California Department of Alcoholic Beverage
Resolution No. PC 31-22
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Control (ABC) Type 47 License (On -Sale General - Eating Place) for a 4,589 square foot
restaurant and 1,275 square foot outdoor patio, located at 1623 W. Katella Avenue, Suite 102 based
on the following findings:
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 the creation of successful entertainment and commercial businesses at the Stadium
Promenade shopping center. Permitting a proposed restaurant to serve general 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 general alcohol
service for a proposed restaurant may help to retain the restaurant, thereby maintaining
economic activity 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 and visitors desiring to
purchase alcohol with food at a restaurant. It will occur on a site that has been zoned for a mix
of retail, service and entertainment 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 to
create a nuisance to the community or a burden on police services. Consideration was given to
the fact the census tract exceeds the allowed number of licenses for on -sale establishments,
and the location of the restaurant is in a low crime area 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 general alcohol should not contribute to the crime rate
in the Reporting District.
Resolution No. PC 31-22
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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 — SURRENDER OF EXISTING ENTITLEMENTS
The existing entitlement Conditional Use Permit No. 2738-08 shall be surrendered in agreement
with the property owner by written authorization to the City.
SECTION 4 — 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
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 9 (date stamped November 10, 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. 3187-22 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 Alcoholic Beverage Control.
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.
Resolution No. PC 31-22
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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 Urban Mixed -Use (UMU) zone, which is intended to function as a mixed -use
retail and service district. While there are apartment residences within 600 feet of the site, these
residents 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. Project conditions require food service with alcohol service at all times, restrict
areas of consumption to the dining areas and outdoor patio, 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 in the Stadium Promenade shopping center and near the
intersection of West Katella Avenue and North Main Street, a main commercial corridor where
entertainment, 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 mixed -use district. The proposed 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
Resolution No. PC 31-22
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22. Food service, with an available menu, shall be available until closing time on each day of
operation.
23. Alcoholic beverages shall be sold and served in containers, which are distinguishable from
other non-alcoholic beverages sold at the premise or establishment share the patio.
24. 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. Sale and service of alcoholic beverages at the bar shall be made in
conjunction with sales of food.
25. Alcoholic beverages may be offered at reduced rates only in combination with non-
alcoholic beverages and food items at a reduced rate Monday to Friday from 3:00 p.m. to
6:00 p.m. as well as Sunday to Thursday from 9:00 p.m. to Midnight.
26. 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.
27. There shall be no promotions encouraging intoxication or drinking contests.
28. There shall be no requirement to purchase a minimum number of drinks.
29. No alcoholic beverages shall be sold from any temporary locations on the premises such
as ice tubs, barrels, or any other such containers.
30. The patio shall be enclosed and any gates located on the patio shall remain closed during
business hours and used as an emergency exit only. Such gates shall have panic hardware,
alarms or otherwise alert employees of unauthorized egress. Sign(s) shall be posted for all
patio gate(s) indicating "Emergency Exit Only".
31. 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.
32. The use of an amplified system, television outdoor sound system and paging system or
any such device is prohibited on the licensed patio area.
33. All employees shall visually monitor the patio at all times to monitor the alcohol.
34. 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.
35. 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.
36. 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.
Resolution No. PC 31-22
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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 considered 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 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 beer, wine or spirits for consumption off the premises, excluding the outdoor
patio, shall be allowed with the prior approval of the Community Development Director
and Police Department.
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 and
outdoor patio. 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 are proposed to be Monday to Thursday 11:00 a.m. to Midnight,
Friday 11:00 a.m. to 1:00 a.m., Saturday 9:00 a.m. to 1:00 a.m. and Sunday 9:00 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.
Resolution No. PC 31-22
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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. A copy of the
completed Alcohol Management Program (AMP) certificate shall be furnished, upon
request, to the Orange Police Department or Community Development Department.
49. Graffiti shall be removed from the exterior walls and windows of the premises within 72
hours of discovery.
I hereby certify that the foregoing Resolution was adopted on December 5, 2022, by the
Planning Commission of the City of Orange by the following vote:
AYES: Glasgow, Simpson, Martinez, Trapesonian, and Vazquez
NOES: None
David Vazquez, Planning Commission Chair
2- 72-1rz2—
Date
Resolution No. PC 31-22
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37. 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 four weeks in advance of the event.
38. There shall be no pool tables or coin -operated games maintained on the premises at any
time.
39. 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.
40. 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.
41. 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
shall keep a minimum 30 day library of events, which shall be available for downloading
and inspection by the Orange Police Department.
42. Any music or amplified sound on the premises include the patio, 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.
43. The permittee shall be responsible for maintaining free of litter the area adjacent to the
premises over which he/she has control.
44. 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 that are clearly visible to the exterior may
constitute a violation of this condition.
45. 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.
46. 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.
47. 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.
48. 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