RES-10149 Denying Conditional Use Permit of Alcoholic Beverage Control License Type 41 Tropi Jugos, Inc.RESOLUTION NO. 10149
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING CONDITIONAL USE
PERMIT NO. 2593-06; A REQUEST TO ALLOW
AN ALCOHOLIC BEVERAGE CONTROL
LICENSE TYPE 41 (ON-SALE BEER AND WINE
FOR BONA FIDE PUBLIC
RESTAURANT ESTABLISHMENT)FOR AN EXISTING RESTAURANT
LOCATED AT 4509 EAST
CHAPMAN AVENUE APPLICANT: TROPI
JUGOS, INC.WHEREAS, Conditional Use Permit No. 2593-06 was filed in
accordance with the provisions of the Orange
Municipal Code; and WHEREAS, Conditional Use Permit No. 2593-06 was processed
in the time and manner prescribed by state
and local law; and WHEREAS, Conditional Use Permit No. 2593-06
is categorically exempt from the provisions of the California Environmental Quality Act
per State CEQA Guidelines Section 15301 (Class
I - Existing Facilities); and WHEREAS, the City Council conducted a duly
advertised public hearing on November 28, 2006, to review the proposal to allow the sale
of alcohol beverages in conjunction with a bona fide eating place, as described in Conditional
Use Permit No. 2593-06,
upon property described as follows:Parcels 1,2, and 3 of parcel map recorded in
Book 126, Page 35 of Miscellaneous Maps in the office of
the county recorder of Orange county, except there from the easterly
25 feet of that abandoned street
formerly known as Olive Street.NOW, THEREFORE, BE IT RESOLVED that
the City Council denies Conditional Use Permit No. 2593-06 to allow an Alcoholic
Beverage Control License Type 41 (On-Sale Beer and Wine for a Bona Fide Public Restaurant Establishment)
and declares it is not able to make a finding of Public Convenience
or Necessity, based on
the following findings:SECTION 1 - 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 denial of this Conditional Use Permit
is in response to residents' testimony presented at the public hearing that the
community does not require another restaurant establishment that serves alcoholic
beverages in this neighborhood shopping center.The site is immediately adjacent to several
establishments that sell or serve alcohol.Currently, there are 3 other existing restaurant
have on-sale beer and wine sales. Existing on-sale restaurants such
as, Celso Calderon, Real Salsa, and Mattern Sausages & Meats are within a y, mile
of the subject site. Additionally, such off-sale alcohol licensed
establishments such as Albertsons, Alameda Market, La Carreta Super Market, La
Morentia Market, 7 Eleven, Red Carpet Liquor, Orange Hill Deli Mart and M & S Mobil are
also within a y, mile of Tropi Jugos. Thus the census tract has a surplus of off-
sale licenses in the area, but far fewer restaurants are licensed for on-sale
alcohol. Nonetheless, due to the large number of licenses already existing in the immediate
vicinity of the project site,the additional On-Sale Type 41 license for
the Tropi Jugos Restaurant was determined to not be a
beneficial service required by the community.2. A Conditional Use Permit shall be granted if"
it will not cause deterioration of bordering land uses or create special problems for the
area in which it is located.The restaurant and shopping center property
is located adjacent to a residential neighborhood that is outside
the City limits. Several single-family residential dwellings are located directly across
the street from the restaurant establishment along Pearl Street and Hewes Street to the
north. The evidence presented at the public hearing indicates that residents in
the neighborhood, especially along Pearl Street and Hewes Street, are concerned with
the growing evidence of deteriorating conditions in the neighborhood. Residents provided
testimony that individuals loitering in the area urinated in public and added to
the trash problem. Testimony was introduced that either the management or tenants of the
shopping center in which the proposed license would be located were not diligent
in maintaining the shopping center and although not directly attributable to the
applicant's business operation, there was substantial evidence presented that the shopping
center suffered from trash and graffiti problems.Photo evidence was presented that
indicated graffiti on buildings and property within the shopping center.
Several residents testified having observed vehicles parked overnight in the shopping center parking
lot, trash around the restaurant and shopping center property, as well as people
loitering around the restaurant and shopping center.Therefore, the granting of the Conditional Use Permit
for On Sale Type 41 license for beer and wine sales is believed to create a
problem on the property and will negatively affect the safety, welfare, and quality of
life of the surrounding residential and various other
commercial land uses bordering the subject site.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.Consideration has been given to the
proposal and its potential for adversely impacting the community or neighboring land
uses within the area. Several long-time residents,who are active in efforts to improve the area,
testified that the area had been in decline and that the area was not in
need of another establishment serving alcohol. Based on the evidence submitted at the
public hearing showing loitering, graffiti and trash in and around the restaurant site, granting
approval for a Conditional Use Permit for on-site beer and wine
will increase the potential deterioration of the neighborhood creating undesirable
conditions or potentially compromise the safety, welfare, and quality of life of
the
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.
Evidence was presented at the public hearing that indicates there are 10 Off-
Sale licenses (2 more Off-Sale licenses than Police records indicate) in same census
tract as the Tropi Jugos Restaurant. Additional photo evidences was presented
of on-going property maintenance problems, including: loitering, graffiti
and trash unattended around the restaurant and in the parking lot of the shopping center.
Based upon the testimony and evidence provided the Council at the public hearing,
the City Council determined granting approval for a Conditional Use Permit for on-
site beer and wine will contribute to and create undesirable conditions in
the neighborhood and be detrimental to the general
welfare of the neighborhood.SECTION
2 - ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class
I -
Existing Facilities).ADOPTED this 9th day of
January,
2007 ATTEST:vecc~, Mayor,
City 0
E (--L-City
Clerk, Cit MARY E. MURPHY, City ::terk 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 9th day of January, 2007, by the
following
vote:
AYES:
NOES:
ABSENT:ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche,
Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: NoneCity Clerk;--C tyofOrange
Mary
E,