Loading...
RES-10182 Revoking Conditional Use Permit Quan's Rockin' SushiRESOLUTION NO. 10182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING AND REVOKING, IN ITS ENTIRETY, CONDITIONAL USE PERMIT NO. 90-60, WHICH ALLOWED THE GENERAL ON-SALE (TYPE 47) OF ALCOHOL AT A BONA FIDE EATING ESTABLISHMENT, AND CONDITIONAL USE PERMIT NO. 2334-00, WHICH PERMITTED ENTERTAINMENT IN CONJUNCTION WITH THE SERVICE OF ALCOHOLIC BEVERAGES WITHIN THE RESTAURANT (TO INCLUDE ACTIVITIES SUCH AS KARAOKE AND DANCING, AND THE USE OF COIN OPERATED AMUSEMENT DEVICES, SUCH AS VIDEO GAMES AND BILLIARD TABLES) FOR THE PROPERTY LOCATED AT 1107 NORTH TUSTIN STREET REVOCATION OF CONDITIONAL USE PERMIT NO.'s 90-60 & 2334-00 QUAN'S ROCKIN' SUSHI a. k.a. SAGE SUSHI)WHEREAS, the City of Orange has gathered a significant amount of evidence regarding the subject establishment's repeated violations of the terms and conditions of Conditional Use Permit No. 90-60 and Conditional Use Permit No. 2334-00, as well as violations of other ordinances and various provisions of law, as presented to the Planning Commission and City Council in the administrative record, including but limited to, staff and public testimony, and Exhibit B (Bate Stamped Evidence Folders, volumes 1-3), as referenced in this resolution as if fully set forth herein; and WHEREAS, the revocation of Conditional Use Permit No. 90-60 and Conditional Use Permit No. 2334-00 was processed in accordance with the provisions of the City of Orange Municipal Code (OMe) Section 17.1O.030H; and WHEREAS, this City Council finds and determines that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), per State CEQA Guidelines, Section 15301; and WHEREAS, pursuant to OMC 17.l0.030H.2, the Planning Commission conducted one duly advertised public hearing on March 5, 2007, regarding the proposed revocation of Conditional Use Permit No. 90- 60 and Conditional Use Permit No. 2334-00, and found that,based on the evidence presented, the conditions and terms of the aforementioned conditional use permits were being violated, as well as numerous violations of other ordinances and provisions of law and thereby recommended that the City WHEREAS, the City Council of the City of Orange conducted one duly advertised public hearing on April 10, 2007, regarding the revocation of Conditional Use Permit No. 90- 60 and Conditional Use Permit No. 2334-00, upon the property legally described as follows:LOT 28 OF TRACT NO. 2881 AS SHOWN ON A MAP RECORDED IN BOOK 116, PAGES 45 AND 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby repeals and revokes Conditional Use Permit No. 90-60, permitting the General On-Sale 47) of alcohol at a bona fide eating establishment, and Conditional Use Permit No. 2334-00,permitting entertainment within the restaurant (including activities such as karaoke and dancing,and the use of coin operated amusement devices such as video games and billiard games) in conjunction with the serving of alcoholic beverages, for the following reasons:SECTION 1 - FINDINGS Pursuant to Orange Municipal Code Section 17.10.030H., a Conditional Use Permit granted in accordance with the terms ofthis chapter shall be revoked if:It has not been used in accordance with the terms of approval;Was obtained under fraud or misinformation; or A conditional use permit may be revoked if any of the conditions or terms are violated, or if any ordinance or other provision of law is violated in connection with the permit.In pursuing the revocation of a conditional use permit, the Code requires that the Planning Commission shall hold a public hearing to determine if the terms of the conditional use permit are being violated in addition to any other ordinance or provision of law, and shall make a recommendation to the City Council. The City Council shall make the final determination on a revocation. Conditional Use Permit 90-60 Due to the fact that this entitlement was issued in 1960, there were no conditions of approval associated with Conditional Use Permit No. 90-60. This CUP permitted the sale of alcohol at a bona fide eating establishment. Notwithstanding the lack of conditions attached to the CUP, the operators of the subject establishment have violated various state regulations by serving alcohol to minors, as well as serving alcohol and/or allowing the consumption of alcoholic beverages in the patio area (See Exhibit "B", Bate Stamped Evidence Folders, Volumes 1-3).Conditional Use Permit No. 2334-00 The applicant has failed to comply with the following CONDITION NO.2: At no time will there be a fee for entrance/admittance into the premises. The operators of the subject establishment have repeatedly violated this condition, as is evidenced by several flyers for promotional events such as Club Thrust, Club Thriller, Reflex, Free Flowing Fridays, Lucky, Pimps N' Ho's, Club Platinum, and Club Thirst, as well as the information contained in various police reports and testimony from representatives from the police department. The amount and type of entrance fee varied upon such factors as the featured club, day of the week, age and gender of the patron, whether or not the patron wanted to consume unlimited alcoholic drinks, and so on (See Exhibit B, Bate Stamped Evidence Folders, Volumes 1- 3).CONDITION NO.4: Live entertainment may be provided, but shall be limited, if amplified, to only karaoke or non-amplified to musical groups of not more than three individuals. No noise from the said entertainment shall be audible from the exterior of the business in any direction. No live bands or lingerie shows are allowed.As shown by the evidence presented (See Exhibit B, Bate Stamped Evidence Folders, Volumes 1-3), the subject establishment frequently hosted a variety of nightclub events featuring live entertainment in the form of a featured disc jockey, providing amplified dance music for the attraction and pleasure of the patrons. Several of the events featured additional entertainment in the form of go-go dancers, lap dancers, wet T- shirt contests, and similar shows.Numerous residents in the surrounding neighborhoods have also made complaints about the excessive noise coming from the establishment. Music, boisterous patrons and fights in and around the establishment's parking lot and residential neighborhoods have been the source of numerous calls for service resulting in continually depleting the City's valuable police resources.CONDITION NO.5: There shall be no special promotional events held on the property including "18 and over" promotions, unless a written request for such is received and approved by the Police Department's Vice Unit one week in advance.The establishment hosted numerous nightclub/entertainment style promotional events, often on a nightly basis. Representatives from the Orange Police Department testified that they never received advanced notification or requests for any of the events held at Quan's. The evidence presented shows that many of the hosted events were "18 and over," and some promotional events, such as those recently hosted by Club Platinum and Club Sage, have permitted minors as young as 14 years of age to enter. The evidence shows that the promotional incentive for these events included booty shorts and navel rings as a means of attracting patrons under the age of 18 See Exhibit B, Bate Stamped CONDITION NO.8: Bar personnel will vigorously enforce all state and local laws and ordinances including smoking. Over the years the evidence shows that there have been numerous violations in and around Quan's. More recently, on January 27, 2007, two 15-year-old females were escorted into the establishment by the manager. These underage females were provided with passes indicating to the bartenders that they were at least 21 years old and allowed to purchase and drink alcohol.The bar manager committed this act, despite the girls' assertions of their underage status. One of the girls became intoxicated, fell on the patio and broke her nose, resulting in the need for paramedics and police to respond (See Exhibit B, Bate Stamped Evidence Folder, Volume 3).There have also been police reports evidencing the presence of alcohol consumed and/ or served in the patio area. The serving and/or consumption of alcohol are not permitted in the patio area,pursuant to Conditional Use Permit No. 90-60 and Conditional Use Permit No. 2334-00 (See Exhibit B, Bate Stamped Evidence Folders, Volumes 1-3).CONDITION NO.9: Bar personnel will complete a business establishment alcohol management and education program As a condition of approval for CUP No. 2334-00, employees of the establishment must complete a business establishment alcohol management and education plan. Among other things, the alcohol management plan requires the owner/operator, and each of his or her employees to observe all rules and regulations, whether state or local, when serving alcoholic beverages. The evidence presented shows numerous violations of state and local law have been committed on the premises while serving alcohol, including but not limited to serving minors, serving obviously intoxicated patrons, serving alcohol in prohibited areas of the establishment and failing to serve alcohol in conjunction with food, in accordance with the Type 47 alcohol license.See Exhibit B, Bate Stamped Evidence Folders, Volumes 1-3)CONDITION NO. 11: The applicant shall comply with all federal, state, and local laws.Violation of any of those laws in connection with the use will be cause for revocation of this permit.The evidence presented shows that underage drinking has occurred at this establishment on numerous occasions. Most recently (January 27, 2007), two 15-year-old females were escorted into the establishment by the manager. These underage females were provided with passes indicating to the bartenders that they were at least 21 years old and allowed to purchase and drink alcohol. This was done by the bar manager even thought the girls had told him they were under 21. One of the girls became intoxicated, fell on the patio and broke her nose, resulting in paramedics and police responding to the scene. ( See Exhibit B, Bate Stamped Evidence Folders,Volume 3)Additionally, the operation of the subject establishment (Quan's Rockin' Sushi & Sage Sushi)has also been responsible for creating numerous negative externalities and is directly responsible for the deterioration of include urination in public, destruction of private property (post office, graffiti in residential and commercial establishments), gang fights, DUI's, possession of firearms/weapons, drug activity, assaults, public intoxication, intoxicated minors, overflow of parking into proximate residential and commercial neighborhoods, exceeding building capacity, and numerous on-site alcohol violations. (See Exhibit B, Bate Stamped Evidence Folders, Volumes 1-3)In the past, many of Quan's patrons parked in the adjacent U.S. Post Office parking lot. The City has never approved a conditional use permit to allow a shared parking agreement between Quan's and any other establishment, however, for a short time, there was a parking lot lease agreement between Quan's Rockin' Sushi and the adjacent Orange Post Office. Due to substantial damage to property, the Orange Post Office would not renew a parking lot lease agreement with Quan' s. Patrons of Quan' s also utilize parking in several surrounding residential neighborhoods like the adjacent Adams Avenue, which is comprised of several medium-density apartments. Due to the saturation and overflow of parking from the patrons of Quan's, the residents of the neighborhood are left without any parking. Residents of this and surrounding neighborhoods have also made numerous complaints with regards to the beer bottles, trash,condoms, graffiti, gang activity, noise, etc. (See Exhibit B, Bate Stamped Evidence Folders,Volumes 1-3)For approximately six years, the subject establishment has become a significant source of a drain and depletion of valuable City resources, and has served as a nuisance and threat to the safety,quality oflife, and general welfare of the community. Despite several changes in ownership, the subject establishment continues to create policing issues due to the continual violation of conditional use permit conditions.In addition to violating the conditional use permits, the operation of the applicant's establishment constitutes a public nuisance for the following reasons:1. Both the extent and severity of the crimes has significantly increased in the area due to the operation the subject establishment.2. At the subject establishment, there have been numerous, serious assaults, gang and drug activity, serving of alcohol to minors, DUI's, noise complaints, damage to property, and overflow of parking into surrounding business and residential neighborhoods. Litter,graffiti, and crime have significantly increased in the area due to the operation of the subject establishment.3. The subject establishment has become a magnet for pervasive illegal alcohol and drug consumption. Due to the numerous promotional events held at the subject establishment,underage patrons congregate in the area drinking alcohol and using drugs. The operation of the subject establishment contributes to the delinquency of minors.4. Certain deficiencies about the property, such as the available parking and lighting also contribute s. The subject establishment's operators' proclivity to disregard the conditions of approval for many years, has contributed to generating a substantial amount of negative problems in the community. Police testimony and reports indicate that the premises have become a magnet for crime, which affects not only patrons but also other proximate businesses and residences, which have been adversely affected by trash, urination in public, noise, overflow of parking, property damage, gang activity, graffiti and violence. Continued operation of the establishment places the public health, safety, and welfare at risk to patrons, both minors and adults, as well as the surrounding community. 6. The evidence shows that the establishment operates as a nightclub instead of a bona fide eating establishment as conditioned. Because the operators' are unwilling or unable to make a good faith effort to comply with present conditions of the CUP, imposing additional conditions on the operation of the establishment would be of no benefit to the City or surrounding community. 7. Continued operation of the subject establishment will continue to deteriorate the neighboring land uses and threaten the health, safety, and general welfare of the community. SECTION 2 - ENVIRONMENTAL REVIEW The proposal is categorically exempt from the provIsIOns of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class I-Existing Facilities). ADOPTED this 24th day of April, 2007. f Orange 6 ATTEST: M~(~~~I~~"g, 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 24th day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Lv~?(>(cc--?-Mary E. M , pty Clerk, Ci~ange 3. 7