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HomeMy WebLinkAbout2024 PC 25-24 LIQUOR KINGCONDITIONAL USE PERMIT NO. 3226-24 RESOLUTION NO. PC 25-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AppRovING CONDITIONAL USE PERMIT NO. 3226-24, A REQUEST TO ALLOW A FULL RANGE OF ALCOHOLIC BEVERAGE SALES FOR OFF.SITE CONSUMPTION AT A PROPOSED CONVENIENCE STORE IN CONJUNCTION WITH A NEW STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 2I LICENSE (OFF.SALE GENERAL) AND FINDING OF CEQA EXEMPTION AT AN EXISTING TENANT SPACE LOCATED AT 125 N. TUSTIN STREET, UNIT F APPLICANT: MICH AEL ZAKY DBA (LIQUOR KING, 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. 3226-24, allowing the sale of beer, wine, and distilled spirits for off-site consumption in conjunction with a State of California Department of Alcoholic Beverage Control (ABC) Type 21 License (Off-Sale General) at an existing tenant space, located at 125 N. Tustin Street, Suite F, upon property described in Exhibit A attached and incorporated herein by this reference (Project); and WHEREAS, the application for Conditional Use Permit No.3226-24 was filed by the applicant in accordance with the provisions of the OMC; and WHEREAS, the application for Conditional Use Permit No.3226-24 was processed in the time and manner prescribed by State and local law; and WHEREAS, Conditional Use Permit No. 3226-24 is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class I - Existing Facilities), because the project consists of licensing the sale of alcoholic beverages in an existing tenant space; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on September 16,2024,at which time interested persons had an opportunity to testifu either in support of, or opposition to, the proposed Conditional Use Permit No. 3226-24. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Orange hereby approves Conditional Use Permit No. 3226-24 for allowing the sale of beer, wine, and distilled spirits for off-site consumption in conjunction with a State of California Department of Alcoholic Beverage Control (ABC) Type 2l License (Off-Sale General) fbr an existing tenant space, located at 125 N. Tustin Street, Suite F, based on the following findings: Resolution No. PC 25-24 Page 2 of9 SECTION I _ FINDINGS General Plan Finding l. The project must be consistentwith the goals and policies statedwithin the City's General Plan. The project is consistent with the goals and policies stated within the City's General Plan Land Use and Economic Development Elements in that the project would promote a commercial enterprise, support a revenue generating business, and maintain the vitality and diversity of land uses in the community. Police Department review of the ABC license and their recommendation of conditions supports the General Plan Safety Element Goals of maintaining 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. Conditional Use Permit Findings 1. A Conditional (Jse 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 afTect adjacent land uses. The proposed use provides an opportunity to those residents desiring to purchase alcohol in association with food, and sundries typically sold at a convenience store. The use will occur on a site that has been zoned for a mix of commercial uses, along a significant commercial intersection within the city. The sale of beer, wine, and distilled spirits is considered accessory to the convenience store, and alcohol service will be timited during the hours of 6:00 a.m. to 2:00 a.m.. This is a service typically expected by the public in association with a convenience store. 2. A Conditional (Jse 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 proposal to sell alcoholic beverages is not anticipated to have an adverse impact on surrounding land uses or create a special problem, because the site is located in an area that is predominantly commercial and the sale of beer, wine, and distilled spirits for off-site consumption shall be incidental to the operation of the convenience store. Additionally, the location within a census tract that is considered low crime with crimes 26Yo below average crimes for a census tract. Conditions of approval have been included to support business operations consistent with a safe community environment and that are not detrimental to surrounding land uses. The proposed business is adjacent to similar uses at the Tustin and Chapman intersection and serves City residents as well as travelers in the area. While there are sensitive land uses, single and multiple family residents, within 600 feet of the site, these properties do not have direct pedestrian access to the subject property and the sale ofalcohol Resolution No. PC 25-24 Page 3 of9 would be an accessory use to the sale of non-alcoholic retail products. Alcoholic beverages sales are offered as a convenience for customers. 3. A Conditional Use Permit must be considered in relationship to its ffict on the community or neighborhood plan.for the area in which il is located. Although the location of the premises is not within an identified specific community or neighborhood plan, it is within a well-established commercial area of the city. The proposal is not anticipated to have an adverse impact on the community because the site is located in area developed with commercial uses, which normally are not impacted by the sale of beer, wine, and distilled spirits in conjunction with the operation of a convenience store. With the appropriate security controls , video surveillance and employee training along with other conditions of approval, the proposed use is not anticipated to create an undue burden on public safety resources or have an adverse impact on the surrounding community. 4. A Conditional [Jse Permit, i.f granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual wefure of any particular applicant. Granting of the Conditional Use Permit for the subject property in conjunction with the conditions of approval would preserve the general welfare. The Orange Police Department conditions include a review of the operation and police records for excessive calls one year after the beginning of alcoholic beverages sales. If the Police Department finds that the convenience store 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 such as curfew, loitering, vandalism, criminal activity, noise, or nuisance resulting from approval by prohibiting alcoholic beverage promotions; limiting certain alcoholic beverage quantities sold; addressing graffiti and litter removal; and requiring employee training. SECTION 2 _ ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions of the Califomia Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 - Existing Facilities) because the project consists of licensing the sale of beer, wine, and distilled spirits for off-site consumption at an existing tenant space within a commercial center. SECTION 3 - APPROVAL AND CONDITIONS OF APPROVAL The Planning Commission hereby approves Conditional Use Permit No. 3226-24, with the following conditions: GENERAL CONDITIONS, Any future change in the nature and operation of the use approved by Conditional Use Permit (CUP) No.3226-24 shall require an application for a new or amended CUP. 1 Resolution No. PC 25-24 Page 4 of9 2.The applicant agrees, as a condition of City's approval of CUP 3226-24, 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 Govemment 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 notif! 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 in the 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 conceming 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 f-ull 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 indemniff, 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 identifu 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. O P ERAT I ONA L C O N D IT IO NS In conjunction with the ongoing operation of the business, the premises shall comply with all requirements placed upon it by the California Department of Alcoholic Beverage Control (ABC). 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 identifr uniquely adverse issues such as curfew, 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, modifi cations or revocation. 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 J 4. 5 6 Resolution No. PC 25-24 Page 5 of9 7 demonstrate that the applicant 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. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of merchant items that include food within the convenience store 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 upon request. No person in the establishment shall appear in such a manner that the genitals, pubic 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 alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premise. The business will operate Monday-Sunday 6:00 a.m. to 2:00 a.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. I 1. At no time shall there be a fee for entrance/admittance into the premises. t2.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. 13.The applicant agrees to indemnifl,, hold harmless, and defend the City, it's 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 City's active negligence. No alcoholic beverages shall be sold from any temporary locations on the premises such as ice tubs, barrels, or any other containers. 8 9 10 14 15 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. The sale of beer or malt beverages in quantities of quarts, 22 ounces, 32 ounces, 40 ounces, or similar size containers is prohibited. Beer, malt beverages, and wine coolers in containers of 16 ounces or less cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities. 16. 20 22 23 24. Resolution No. PC 25-24 Page 6 of9 17 . The sale of beer and wine for off-site consumption shall be incidental to the operation of the store. No more than 15%o of the gross floor area shall be dedicated to the sale of beer and wine. 18. No wine shall be sold with an alcoholic content greater than l5%by volume 19. No wine coolers shall be sold in less than a four-pack quantity SPECIAL EVENTS 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. 21.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. There shall be no live entertainment (including karaoke), disc jockey, amplified music, or dancing permiued on the premises at any time. Amplified sound over a built-in system designed for background music shall not be audible in such a manner to disturb the peace, quiet, and comfort of neighboring occupants, or any reasonable person residing or working in the area. 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 two week in advance of the event. SECURITY & 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. 25 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 owner 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. The use of any amplifring systems, outdoor sound system and paging system or any other such device is prohibited on the licensed premises. 26. 27 Resolution No. PC 25-24 Page 7 of9 28. 29. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he/she has control. There shall be no exterior advertising of any kind or type. This includes 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 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. Provide an interior night light to illuminate the interior, and maintain an unobstructed view through storefront windows to provide police patrol officers the ability to observe unlawful activity within the business. The owner or manager of the licensed premises 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 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 Licensee(s); veriSing agelchecking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. The applicant shall comply with all federal, state, municipal laws and/or ordinances. Any violations of these laws in connection with this use may be a cause for revocation of this permit. MISCELLANEOUS Graffiti shall be removed from the exterior walls and windows of the premises within 72 hours of discovery. ADOPTED this 16th day of September 2024 azquez 30. 31. 32 alJJ 34 Planning Commission Chair Resolution No. PC 25-24 Page 8 of9 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 September 2024, by the following vote: AYES: NOES: ABSENT: Yazquez, Martinez, Maldonado, Tucker, Leslie None Vejar Anna Pehoushek, FAICP Assistant Community Development Director