RES-10251 Approval of Conditional Use Permit to Allow Alcoholic Beverage Type 41 for Bagel Me! CorporationRESOLUTION NO. 10251
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING APPEAL 0523-
07 AND APPROVING CONDITIONAL USE
PERMIT 2671-07 TO ALLOW AN
ALCOHOLIC BEVERAGE TYPE 41 (ON-SALE BEER AND WINE
FOR A BONA FIDE PUBLIC EATING PLACE)
LICENSE FOR AN EXISTING RESTAURANT LOCATED
AT 3533 EAST CHAPMAN
AVENUE UNIT C.APPLICANT:
BAGEL ME! CORPORATION WHEREAS, Conditional Use Permit 2671-07 and Appeal 0523-
07 were filed by the City of Orange in accordance with the provisions of the City
of Orange Municipal Code; and WHEREAS, Conditional Use Permit 2671-07
and Appeal 0523-07 were processed in the time and manner
prescribed by state and local law; and WHEREAS, the Planning
Commission conducted one duly advertised public hearing on November 11, 2007, for the purpose
of considering Conditional Use Permit 2671-07, and adopted Planning
Commission Resolution No. PC 36-07, recommending denial; and WHEREAS, the City Council of
the City of Orange conducted a duly advertised public hearing on January 8, 2008,
for the purpose of considering Conditional Use Permit 2671-07 and Appeal 0523-
07 upon property located at 3533 East Chapman Avenue, Unit C.NOW, THEREFORE,
BE IT RESOLVED that the City Council of the City of Orange
hereby upholds Appeal 0523-07 and approves Conditional Use Permit 2671-07 to allow an alcoholic
beverage Type 41 (on-sale beer and
wine for a bona
fide public eating place) license, based on the following findings:SECTION 1 - FINDINGS 1. The project
is consistent with the goals and policies stated within the City's General
Plan in that
the project would promote a commercial enterprise and support a revenue generating business.2.
The granting of this Conditional Use Permit would be based upon sound principles ofland
use and in response to services required by the community. The census tract
is not over concentrated with ABC licenses. Consideration was given to the higher than average
crime rate in the reporting district; however, it is not 20%
over the average. Therefore, the standard conditions and training listed in the Alcohol
Management Plan would compensate for
3. The selling of alcoholic beverages from the project site is not anticipated to
have an adverse impact on neighboring land uses. The City requires that an
Alcohol Management Plan be completed by the business owner and training be
conducted for all their employees. The Plan includes measures that control the
sale and consumption of alcohol so that it would not cause the deterioration of
bordering land uses. An incident log would be maintained on-site and shall
be made readily available for review by the Police
Department.4. The proposal is not anticipated to have adverse impacts on the community
or neighboring land uses. There would be no advertisement of alcohol in
the windows, nor would it be visible from the exterior of the restaurant. Also,
the sale of alcohol is required to cease at 9:00 p.m., seven days a
week.5. Conditions would be placed on the property to preserve the general welfare
and not the individual welfare of any particular applicant. The Police
Department will review restaurant operation and police records for excessive calls one
year after the beginning of the sale of alcoholic beverages (Condition 5). If
the Police Department finds that the restaurant is not operating as required, or
there is a history of criminal or nuisance behavior, the Department will
recommend that the Planning Commission reconsider this application (Condition 6).
Other conditions include managing the food to alcohol service ratio (Condition
7),limiting the hours of that alcohol can be sold (Condition 11), manner of
alcohol dispensing (Condition 12), and prohibiting off-site sales of
alcohol (
Condition 16).6. At this time, there is no construction proposed; therefore, there would
be no need for additional public services such as schools, parks, roads, water,
fire, or
police services.7. There is no evidence before the City Council of the City of Orange
that the proposal would have any potential for adverse affects, either
individually or cumulatively, on wildlife resources or the habitat upon which
wildlife depends.8. The data and analysis upon which these findings of fact are
based, including those in Section 2 of this Resolution, are set forth in the staff
report for Conditional Use Permit 2671-07 and Appeal 0523-
07, staffs oral presentation,public testimony, and Planning Commission and
City Council comments which constitute the City Council's review and
approval
SECTION 2 - ENVIRONMENTAL REVIEW 1.
Categorical Exemption: The proposed project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) per State CEQA Guidelines
15301 (Class 1 - Existing Facilities) because the project consists of the operation and
licensing of an existing private structure. There is no public review required.SECTION
3 -
FINDING OF CONVENIENCE OR NECESSITY A finding of
Convenience or Necessity can be made for this project in that City residents as well
as persons traveling to the area to visit regional attractions would have another option
to have an alcoholic beverage with their meal. The project is located in a
commercial center with other businesses that serve alcoholic beverages.SECTION 4 - CONDITIONS
OF APPROVAL BE IT FURTHER RESOLVED
that the following conditions are imposed with approval:1. The applicant 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 permits, save and except that caused by the City'
s active negligence.2. The applicant, business
owner, business manager, and all future assigns shall comply with all federal,
state, and local laws, including all City regulations.Violation of any of
those laws in connection with the use will be cause for revocation of this permit.
3. Any future expansion
in area or in the nature and operation of the use approved by Conditional Use Permit No.
2671-07 shall require an application for a new or amended Conditional Use
Permit.4. The premises
shall comply with applicable State Alcoholic Beverage Control Board requirements.5. This
Conditional
Use Permit shall be reviewed one year from the date of approval and may be
reviewed each year thereafter. The Community Development Director and Police Chief
or designees shall conduct the review jointly. The purpose of this review shall be
to identify uniquely adverse issues such as 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, modifications or revocation.6. The activity
level of the business shall be monitored by the Crime Prevention Bureau to establish
the level of police services used for the business. Should the level of police
services demonstrate that the applicant has not controlled excessive,or unnecessary activity
resulting in high use of police services, or that the applicant has failed to
comply with enforcement or application of measures related to curfew 3
and truancy which are listed below, then this Conditional Use Permit shall be
reviewed for consideration of further conditions, modifications or revocation.
7. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food and meals 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 on
request.
8. The subject alcoholic beverage license shall not be exchanged for a public
premises type license nor operated as a public premises.
9. The premises shall be maintained as bona fide restaurant and shall provide a
menu containing an assortment of foods normally offered in such restaurants.
10. At all times when the premises are open for business, the sale and service of
alcoholic beverages shall be made only in conjunction with the sale and service
of food.
11. Sales, service, and consumption of alcoholic beverages shall be permitted from
11 :00 a.m. to 9:00 p.m., seven days a week and in no event, later than one hour
prior to closing.
12. There shall be no bar or lounge area upon the licensed premises maintained for
the purpose of sale, service or consumption of alcoholic beverages directly to
patrons for consumption.
13. There shall be no "Happy Hours" when alcoholic beverages are offered at a
reduce rate.
14. At no time shall there be a fee for entrance/admittance into the premises.
15. No alcoholic beverages shall be sold from any temporary locations on the
premises such as ice tubs, barrels, or any other containers.
16. The sale of beer, wine, and/or liquor for consumption off the premises is
prohibited.
17. Signs shall be posted at all exits of the premises, which prohibit alcoholic
beverages from leaving the confines of the premises.
18. Alcoholic beverages shall be sold and served in containers, which are
distinguishable from other non-alcoholic beverages sold at the
premises.19. Prior to the issuance of a building permit, plans must show that 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.20. 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 advertising of alcohol other than on the menu
is strictly prohibited. Alcohol displayed in a refrigeration unit visible to customers
but accessible only to employees shall not constitute a violation of this
condition.
Interior displays of alcoholic beverages, which are clearly visible to the exterior,
shall constitute a violation of this condition.
21. 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.
22. 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.
23. There shall be no live entertainment, amplified music, karaoke, or dancing
permitted on the premises at any time.
24. The use of any amplifying system, outdoor sound system, loudspeakers, paging
system or any other such device is prohibited on the licensed premises.
25. There shall be no pool tables or coin-operated games maintained upon the
premises at any
time.26. 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.27. 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.28. The petitioner(s) shall be responsible for maintaining free oflitter any area
adjacent to the premises over which he has
control.29. Graffiti shall be removed from the exterior walls and windows of the
premises within 72 hours of
discovery.30. 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 one week
in
advance.31. All employees of petitioner 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
of petitioner, such training program must be completed within 30 days of the date
of
hire.32. Alcoholic beverages shall be served in individual-sized containers only.
They shall not be served in pitchers or
greater
ADOPTED this 22nd day of January, 2008.
ATTEST:
Mary E.
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 22nd day of January 2008, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Murphy, Dumitru, Bilodeau
COUNCILMEMBERS: Smith, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Mary E.City Clerk, City
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