The proposed project is limited to improvements within the building footprint and does not involve any change to the existing landscaping. Therefore, this finding can be made.
Public Notice:
The public hearing notice was published in the Laguna Niguel News, mailed to surrounding property owners and tenants, and posted at City Hall on February 23, 2023, in accordance with California Government Code Section 54955.1.
City Attorney:
The City Attorney has reviewed the staff report.
Attachments:
1. Draft Resolution
2. Applicant’s Project Description
3. Project Plans
4. Police Services Report
5. Presentation
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RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT (PA22-011) TO ALLOW A 48-SEAT
RESTAURANT WITH FULL ALCOHOL SERVICE (FENNEL
MEDITERRANEAN KITCHEN AND BAR) AND TO ENCLOSE AN
OUTDOOR PATIO AREA AT 26611 ALISO CREEK ROAD, SUITE A
WHEREAS, in September 2021, RHR Investment Group, Inc. (Applicant), submitted Planning Application PA22-011 on behalf of Fennel Mediterranean Kitchen and Bar to establish an Alcoholic Beverage Control (“ABC”) License Type 47 (On-Sale General – Eating Place and Offsite Consumption) in conjunction with a full-service restaurant with an outdoor patio within an existing tenant space of The Aliso Viejo Town Center at 26611 Aliso Creek Road, Suite # A (“Project”); and
WHEREAS, the City Council considered the submitted planning application on July 20, 2022, August 17, 2022, and September 7, 2022 and at each of these hearings, the application was continued to a later date to provide the Applicant more time to submit additional information for consideration; and
WHEREAS, on March 1, 2023, the City Council held a duly noticed public hearing as prescribed by law and considered public testimony and evidence and recommendations presented by staff in the agenda report and oral presentation related to Planning Application PA22-011 (Conditional Use Permit and Site Development Permit); and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: Determination of Recitals. The City Council hereby finds and determines that all the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution.
Section 2: Approval of Project and Findings for a Conditional Use Permit and Site Development Permit for Fennel Mediterranean Kitchen and Bar. The City Council hereby approves a Conditional Use Permit to operate a restaurant with 48 seats with full alcohol service, and a Site Development Permit to enclose an existing 896 square foot outdoor patio area; subject to the conditions set forth in Exhibit “A,” attached hereto and incorporated herein by reference, and any conforming changes acceptable to the Community Development Director.
The City Council, sitting as the legislative body and based upon the entire record, including all written and oral evidence presented, finds that:
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1. Consistency with General Plan. The restaurant is consistent with the General Plan land use designation of Town Center Commercial, which permits commercial uses at the City’s town center. There is no Specific Plan applicable to the Project site.
The town center is a mixed-use center intended to function as a central business district and community shopping areas, including restaurants. Additionally, the Project implements General Plan Goal LU-1 and Policies LU-1.1 and LU-3.1 that promotes diverse and revenue-generating land uses and a balance or surplus between public revenues and cost of providing public services. The enclosure of the outdoor dining space is consistent with General Plan Policy N-1.1 and N-1.2 as the enclosure will reduce noise volume from the outdoor patio and would promote compatible operation levels with surrounding businesses.
2. Consistency with Zoning Code. The land uses and associated development conform to the permitted use provisions and development standards of this Zoning Code and is consistent with this Code and any appliable specific plan. Specifically, the restaurant is consistent with the underlying land use as discussed in Section
2.1 above. Additionally, the enclosure of the existing outdoor patio conforms to the development standards of the Zoning Code as evidenced in Sections 2.5, 2.6, and
2.7 below. As for the request to provide full alcohol service, the following must be considered pursuant to AVMC Section 15.22.200 (Sale of Alcoholic Beverages):
a) the crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City; b) the numbers of alcohol-related calls for service, crimes, or arrests in the reporting districts; c) the proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools; and d) whether the permit will result in an overconcentration of alcoholic beverage outlets. To consider provisions “a” and “b”, the Police Department reviewed a crime rate and reportable incident data report and concluded that the number of general and alcohol-related crimes are within tolerable limits and recommends approval of the Type 47 ABC License.
The use is within the Aliso Viejo Town Center that consists entirely of commercial uses and does not include residential units, daycare centers, parks, and recreation facilities, places of religious assembly, and schools as identified in provision “c” above. This permit does not further expand the overconcentration of alcoholic beverage outlets referenced in provision “d” as Type 41 ABC License was already issued for the previous tenants in the same location. The request is to change the license type from Type 41 to Type 47 to allow distilled spirits in addition to beer and wine. Therefore, the change in ABC license type is consistent with the purpose and intent in considering consistent standards for the safe operation of alcoholic beverage retail outlets.
3. Compliance with the California Environmental Quality Act (CEQA). Processing and approval of the permit application is in compliance with the requirements of the California Environmental Quality Act. Specifically, the modification to the existing outdoor patio is categorically exempt from the California Environmental Quality Act (“CEQA”). The Project falls within the Class 1 exemption, which applies to the operation, maintenance, permitting, and leasing, and minor alteration of existing 203
public or private structures, facilities, or topographical features involving negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301.) The exterior modifications are considered minor alterations since they involve negligible or no expansion of use and thus exempt from CEQA. Additionally, none of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 are applicable. Specifically, the Project is not in a particularly sensitive environment; improvements will be installed on existing structures in urbanized/developed areas; the Project site is not on an officially designated state scenic highway; and the Project does not involve any improvements, modifications, or other changes to a historical resource.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injuries to or incompatible with other properties or land uses in the vicinity. The restaurant is located within an existing shopping center. The Project site is surrounded by other commercial uses except for a residential community located across Aliso Creek Road to the east. The Applicant is proposing to enclose the outdoor patio to mitigate potential noise impacts and limitations to the hours of operation and prohibition of live entertainment have been added as conditions of approval.
Additionally, the Applicant will be required to comply with applicable building codes and pass a series of inspections prior to operating the restaurant. Allowing the restaurant to provide full alcohol service will also not be detrimental to surrounding uses because the Project is within a commercially developed area with surrounding businesses. In addition, alcohol services in conjunction with operation of existing restaurants already occurs in adjacent tenants.
5. Architectural Design. The architectural design of the Project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, and roof style, is compatible with surrounding development.
The restaurant design is compatible to the existing restaurants and commercial spaces in the town center. The muted color scheme of the exterior will draw on existing architectural details of contemporary Spanish architecture as seen throughout the town center. The outdoor patio will be covered with a solid awning with two thick waterproof fabric layers. The patio will be contained with a 3-foot-tall solid wooden wall with approximately seven feet of plate glass above to the awning thereby completely enclosing the patio. The employee/delivery area will be surrounded by a 5-foot-tall solid wall. The updates to the tenant space are similar in appearance to the surrounding tenants.
6. Site Design. The site design of the Project, including but not limited to Project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements, is compatible with surrounding development. The Project will maintain the existing site design. Modifications are limited to the building façade by enclosing the outdoor dining area and upgraded paint colors and materials.
None of the exterior features will extend beyond the existing footprint. The 204
architectural design of the exterior changes will be compatible with the existing town center as discussed in Section 2.5 above.
7. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the Project. The Project is limited to improvements within the building footprint and does not involve any change to the existing landscaping.
Section 3: Approval of Project and Filing of Notice of Exemption. Within five (5) working days after the passage and adoption of this Resolution, the City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the Project.
Section 4: Location of Documents. The administrative record for the Project is maintained at City Hall located at 12 Journey, Suite 100, Aliso Viejo, CA 92656. The custodian of records is the City Clerk.
PASSED, APPROVED AND ADOPTED this 1st day of March, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 205
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 1st day of March, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING APPLICATION PA22-011
(CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT)
1. Project Description. Approval is to establish and operate a new restaurant (Fennel Mediterranean Kitchen and Bar or “Restaurant”) with full alcohol service at the former Panini Kabob Grill location in the Town Center. The existing tenant space is 2,342 square feet in size, with an existing 896 square-foot outdoor patio area.
The restaurant includes 22 indoor seats and 26 outdoor seats for a total capacity of 48 seats. The patio area will be renovated to include dining areas and a new bar; and enclosed with 7’ glass panels on top of 3’ tall wood clad walls, covered with a solid awning consisting of two thick waterproof fabric layers to insulate the space.
2. Hours of Operation. The requested hours of operation for the Restaurant are Sunday to Saturday 8:00 am to 10:00 pm. These hours do not prohibit restaurant staff from operating outside of these hours to prepare for the daily routine or clean up at the end of the business day. Restaurant staff shall take extra care in reducing exterior noise during end of business day activities (i.e., moving chairs and tables, loud talking, removing trash) when closing. On increased service calls or input from the surrounding commercial tenants or residents, the Community Development Director or Chief of Police may modify the hours of operation or require the sale of alcoholic beverages to cease, especially in the patio area.
3. Outdoor Service of Alcohol. Alcohol service and consumption in the patio area of the restaurant is allowed only upon approval of the ABC. The Applicant shall be responsible for supervising and controlling the activities of their customers within the restaurant. The applicant shall ensure that no disorderly behavior occurs in these areas and that drinks are served properly in all dining areas. Non-compliance of outdoor service of alcohol on the part of the applicant shall be cause for revocation of alcoholic beverage service.
4. Period of Validity Approval is valid for a period of two years from the effective date.
If building or other ministerial permits for the Project are not issued within such period of time, the approval shall expire and shall thereafter be null and void unless an extension is requested by the Applicant prior to the expiration date and subsequently approved by the Community Development Director pursuant to AVMC Section 15.74.100.
As for the serving of alcoholic beverages, approval is valid for a period of one year from the date of approval (March 1, 2023) unless a license has been issued or transferred by the ABC prior to the expiration date. The City Council may grant a time extension for a period or periods not to exceed 12 months, pursuant to AVMC Section 15.22.200.
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5. Development Per Approved Plans This approval constitutes a precise plan for location and design of uses, structures, features and materials submitted with this application and depicted on approved plans. Development shall occur substantially as shown in the plans approved for this Project and on file in the Planning Department, subject to any modifications imposed by the conditions of approval herein as confirmed by the Community Development Director. Any land use, construction or improvement not specifically approved by this conditional use permit is not permitted and must be addressed in a separate and subsequent application and review. Relocation, alteration or addition to any use, structure, feature, or material not specifically approved shall require an amendment to the approved plans unless the Community Development Director determines such modifications are minor and consistent with the spirit and intent of the original approving action and that the action would have been the same for the modifications as for the approved plans. The Community Development Director may approve such minor modifications in accordance with AVMC Section
15.74.110 without requiring a new public hearing. If the Community Development Director determines that a proposed modification is not minor, it shall be processed in the same manner as the original plans.
6. Payment of Fees The applicant shall be responsible for payment of all applicable fees along with reimbursement for all City expenses in ensuring compliance with conditions.
7. Compliance With Conditions The applicant shall be fully responsible for knowing and complying with all conditions of approval, including making conditions known to City Staff for future governmental permits or actions on the Project site. Failure to abide by and faithfully comply with all conditions attached to the granting of these permits may constitute grounds for revocation of the permit(s) in accordance with AVMC Section 15.74.120 and shall be subject to penalties and procedures pursuant to Chapter 1.06 (Violations and Penalties).
8. Compliance Review Six months after issuance of Certificate of Occupancy, a compliance review will be required. Should violations of any condition, provisions of AVMC, or any other regulation be found, the Community Development Director may modify, add, or revoke the approval.
9. Indemnification The Applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials (appointed or elected), officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, conditional or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively 'Actions'), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any 208
permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.
10. ABC Approval Required The Applicant shall obtain and retain the required alcoholic beverage licenses from the state Department of Alcoholic Beverage Control (ABC) for sale of alcoholic beverages for this business at the location specified.
11. Change in ABC Transfer or Expansion The Applicant shall obtain the required amendment to this permit for an application for a premise-to-premise transfer or an increase of floor area of 500 square feet or more than as approved with this permit.
12. Advertising Display There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within the premises, promoting or indicating the availability of alcoholic beverages.
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APPLICANT: RHR Investment Group, Inc. dba “Fennel Mediterranean Kitchen & Bar” REQUEST: Approval of Conditional Use Permit (CUP) Permitting a Type 47 On-Sale General Eating Place (Beer, Wine & Distilled Spirits) Alcoholic Beverage License in Conjunction With The Operation of a New Restaurant (ENCLOSED PATIO & FAÇADE CHANGE)
PROPOSED USE: Restaurant With Type 47 On-Sale General Eating Place (Beer, Wine & Distilled Spirits)
ADDRESS: 26611 Aliso Creek Road, Suite A, Aliso Viejo, CA 92656
PROJECT NARRATIVE/DESCRIPTION - TYPE 47 FOR
ENCLOSED PATIO OF RESTAURANT & GLASS PATIO
ENCLOSURE-FAÇADE CHANGE (rev. February 9, 2023)
The proposed project is for the approval of a Type 47 On-Sale General Eating Place (Beer, Wine & Distilled Spirits) Alcoholic Beverage License inside the proposed restaurant located in the Aliso Town Center at 26611 Aliso Creek Road, Suite A, Aliso Viejo, CA 92656. The proposed restaurant "Fennel Mediterranean Kitchen & Bar" is locally owned and is a full service casual dining restaurant focusing on healthy Mediterranean cuisine.
This request is to (1) permit the sale of beer, wine and distilled spirits for on-sale consumption inside the proposed enclosed restaurant patio in conjunction with the operations of the restaurant; and (2) approve the glass patio enclosure/façade change. Service of beer, wine and distilled spirits in the enclosed patio is made for the convenience of patrons dining at the restaurant.
Service of alcohol on the enclosed patio will not commence until it is approved by the City.
The subject property is located in The Aliso Town Center. The project will be going into a space that previously operated as a restaurant with a Type 41 On-Sale Beer & Wine alcoholic beverage license with beer and wine service on the open patio. The glass patio enclosure and corresponding façade change is made to mitigate the City’s concerns of noise escaping from the patio and potentially disturbing residents located across Aliso Creek Road. The site is bounded by other commercial/retail and residential uses. The proposed restaurant serve the local residents and workers of the surrounding community.
The existing restaurant has a total area of approximately 2,342 square feet with a proposed completely enclosed exterior patio. The proposed patio will have approximately 9 bar seats (including single ADA space), alcohol display shelves behind the bar, a television over the back of the bar, and secure alcohol storage. The restaurant may at time provide background music inside and on the patio. The volume level will be adjusted to permit normal conversations.
The patio will be enclosed with the existing wood clad wall with new glass extending to the awning. The patio is covered with a solid awning with the covered area consisting of two (2) thick waterproof fabric layers sandwiching a layer of sound absorbing insulation. The public patio area will be contained by an approximately 3 foot tall solid wooden wall with approximately 7 feet of plate glass above to the awning thereby completely enclosing the patio and therefore containing any customer noise (see attached plans and elevations). The non-public employee/delivery area will be surrounded by a 5 foot tall solid wood wall and used for deliveries and miscellaneous storage of restaurant items such as furniture (see photos of patio areas). The proposed restaurant will be open seven (7) days a week. The proposed hours of operation for the restaurant and enclosed patio are 8:00 AM to 10:00 PM. The restaurant, 210
including patio, may on occasion, be reserved for private functions like holiday parties or other personal/corporate events/celebrations.
The project will employ approximately 5-10 employees that would be on-site at one time. The restaurant will be supervised by the ownership and employees.
Alcoholic beverages will be prepared or stored at the bar, in the kitchen service area, walk-in coolers and other kitchen/bar refrigeration. Alcoholic beverages will be delivered to patrons by employees. Servers handling the service of alcoholic beverages will be trained in responsible beverage service ("RBS") by ABC recognized RBS training providers.
The public areas of the facility will be supervised by employees and also covered by CCTV surveillance security cameras with a 30 review period.
The surrounding land uses are as follows:
North: Commercial/Retail.
South: Commercial/Retail.
East: Commercial/Residential.
West: Commercial/Retail.
SUMMARY
The City has continued to expressed concerns over potential noise leaking from the an open patio would disturb residences in its last letter dated December 17, 2021. The approval of alcoholic beverage service has been separated into the interior and exterior portions of the restaurant. It should be noted that food service with non-alcoholic beverages will be conducted on the patio until a secondary CUP is approved for alcohol and the exterior changes. The resulting modification to fully enclose the patio is done at the request of the Sheriff's Department to mitigate noise leakage. Regardless of alcohol, the enclosure of the patio will act to mitigate the concerns of the City and act a solid barrier so the use of the restaurant's patio will not disturb residential homes across Aliso Creek Road or general other impacts to surrounding businesses. 211
APPLICANT: RHR Investment Group, Inc. dba “Fennel Mediterranean Kitchen & Bar” REQUEST: Approval of Conditional Use Permit (CUP) Permitting a Type 47 On-Sale General Eating Place (Beer, Wine & Distilled Spirits) Alcoholic Beverage License in Conjunction With The Operation of a New Restaurant (INTERIOR)
PROPOSED USE: Restaurant With a Type 47 On-Sale General Eating Place (Beer, Wine & Distilled Spirits)
ADDRESS: 26611 Aliso Creek Road, Suite A, Aliso Viejo, CA 92656
USE PERMIT APPLICATION JUSTIFICATION (INTERIOR)
The proposed project is for the approval of a Type 47 On-Sale General Eating Place (Beer, Wine & Distilled Spirits) Alcoholic Beverage License inside the proposed restaurant located in the Aliso Town Center at 26611 Aliso Creek Road, Suite A, Aliso Viejo, CA 92656. The proposed restaurant "Fennel Mediterranean Kitchen & Bar" is locally owned and is a full service casual dining restaurant focusing healthy Mediterranean cuisine. It is a full service casual dining restaurant. The applicant proposes obtaining approval from the California Department of Alcoholic Beverage Control for a Type 47 On-Sale General Eating Place alcoholic beverage license (beer, wine and distilled spirits). The previous restaurant operated with a Type 41 On- Sale Eating Place Beer & Wine license. The proposed request meets the requirements set forth in the City of Aliso Viejo Municipal Code.
BURDEN OF PROOF:
1. The use is consistent with the General Plan and any applicable specific plan; Response: The proposed use as a restaurant with beer, wine and distilled spirits is consistent with the Aliso Viejo General Plan and provisions of the Municipal Code.
2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Response: The proposed use as a restaurant with beer, wine and distilled spirits is permitted in the zoning district and is subject to the all the regulations, conditions, policies or other requirements of the Municipal Code.
3. The use is consistent and incompliance with the requirements of the California Environmental Quality Act (“CEQA”);
Response: The proposed use as a restaurant with Type 47 On-Sale General Eating Place alcoholic beverage license is Categorically Exempt from CEQA.
4. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity;
Response: The proposed use is not inconsistent with the adjacent uses and will not materially affect the surrounding community or environment. The proposed project is ideally suited for the area and is located in the Aliso Town Center regional shopping and entertainment center. The approval of the request that serves the local 212
community and tourism, will not adversely affect the public’s health, safety, welfare nor will it jeopardize or endanger the public. It will not be detrimental to the use, valuation or enjoyment of surrounding property owners or residents.
5. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and
Response: The proposed site, an existing shopping center, is not inconsistent with the adjacent uses and will not materially affect the surrounding community or environment. The proposed site is ideally suited for the Aliso Viejo Legacy area.
The approval of the request that serves the local community and tourism, will not adversely affect the public’s health, safety, welfare nor will it jeopardize or endanger the public. It will not be detrimental to the use, valuation or enjoyment of surrounding property owners or residents.
6. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
Response: By replacing a restaurant that closed, the proposed use will contribute to the economic growth of the City as it will serve the local community and tourism.
The proposed project will not adversely affect the public’s health, safety, welfare nor will it jeopardize or endanger the public. It will not be detrimental to the use, valuation or enjoyment of surrounding property owners or residents.
7. Crime rate in the reporting district and adjacent reporting districts as compared to other areas in the city for the proposed use at the location would not tend to create a law enforcement problem.
Response: The proposed operations of a restaurant with Type 47 license will not negatively impact the number of reported crimes.
8. Calls for alcohol related service in the reporting district and adjacent reporting districts as compared to other areas in the city for the proposed use at the location would not tend to increase or tend create a law enforcement problem.
Response: The proposed operations of a restaurant with Type 47 license will not negatively impact calls for alcohol related service as it is replacing a restaurant that previously served alcoholic beverages.
9. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to health, safety, or general welfare of community.
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Response: The proposed being located in a master planned regional shopping center.
The surround area to the North, West and South is the Aliso Town Center. To the East is Aliso Creek Road with the closest residential below grade across the Aliso Creek Road. The closet park is Grand Park which is separated from the proposed project by the Aliso Town Center itself. Additionally, there are no nearby day care centers, places of religious assembly, or schools. As such use will not adversely affect the public’s health, safety, welfare nor will it jeopardize or endanger any nearby sensitive uses.
10. Overconcentration of on-sale alcoholic beverage licenses.
Response: By replacing an ABC licensed restaurant that closed, the proposed use will result in a zero net gain of licenses in the census tract.
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Seal Revision No.DateKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS
SHEET INDEX
OWNER:PROJECT INFORMATION
VICINITY MAPABBREVIATIONS
ROOM100ADDRESS:
A.F.F.ACBOHȭEQGLLPMDMTPFPTRFSFSTSYMBOLSNORTH ARROWINTERIOR ELEVATIONOR SECTION CALLOUTDETAIL CALLOUTFINISH REFERENCE- SEE ID 1.1NUMSHEETNUMSHEET FURNITURE OR FIXTUREREFERENCE - SEE ID 2.2XX-XX
FENNEL restaurant tenant improvement
XXX-XX-XX
X(OPTIONAL) ROOMCALLOUT(OPTIONAL) KITCHENEQUIPMENT CALLOUTID O.0
SCOPE OF WORK
NUMSHEETABCD
ABOVE FINISHED FLOORACOUSTIC CEILING TILESBACK OF HOUSECENTERLINEEQUALGLASSLAMINATED PLASTICMOULDINGSMETALPLUMBING FIXTURESPAINTRESILIENT FLOORINGSPECIALTY FINISHSTONE TBDTTYP.UPWCWDU,N.O.TO BE DETERMINEDTILETYPICALUPHOLSTERYWALLCOVERINGWOODUNLESS NOTED OTHERWISE
INTERIOR ELEVATION
26611 ALISO CREEK RD, SUITE A ALISO VIEJO, CA 92656Reza Jozi
COVER SHEET
SHEET NO.PAGE TITLEID 0.0COVER SHEETID 1.0SITE PLANID 2.1FLOOR PLANID 5.2 PATIO ELEVATIONSID 5.3 BAR ELEVATIONSID 5.4 EXTERIOR EAST ELEVATION & SECTION - DID 5.5 EXTERIOR SOUTH ELEVATIONID 5.6 SECTIONS -B &CID 8.0 EXTERIOR COLORED ELEVATIONS 26611 ALISO CREEK RD, ALISO VIEJO, CA 92656
This Project Will Comply WithThe Follwing CodesResidential ..................2019 CRCBuilding........................2019 CBCMechanical..................2019 CMCElectrical......................2019 CECPlumbing........................2019 CPCEnergy..........................2019 Building Energy EfficiencyStandards (BEES)Environmental.............2019 CA Bld'g green StandardsCode (Calgreen)Required Notes:1.Sprinkler system shall follow (NFPA 13)
1.REPLACING TILE AND REMOVE AND REINSTALL THE PLUMBING FIXTURES2.ADDITION OF THE NEW BAR AT EXISTING ACCESSIBLE PATIO. BAR3.REPLACING THE EXISTING TABLE AND CHAIRS (SEE SHEET ID2.0)4.REPAIR OF THE EXISTING GUARDRAIL 42" AT PATIO AND 5 FEET AT REAR STORAGE/ LOCKER ROOM5. NEW GLASS TOP OF WOOD GUARDRAIL & NEW DOOR ACCESS TO THE ENTRANCE OF PATIOEXISTING INDOOR AREA : 1600 SQ. FT.NEW BAR ADDITION:195 SQ. FT,EXISTING SEATING PATIO AREA:518 SQ. FT.EXISTING STORGAE:240. SQ. FT. 215
Seal Revision No.DateKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS ID 1.0SITE PLAN26611 ALISO CREEK RD, ALISO VIEJO, CA 92656
JOB SITE
216
ELEVATION CALLOUTS(WALL TILE / COUNTERTOP & MILLWORK / BUILTINS)
GENERAL NOTES-FLOOR PLAN
XXID X.XSYMBOL LEGEND
(E) PATIODINING540 sq.ft.
DRYSTORAGEHALLWAY #165 sq.ft.
HALLWAY #2193 sq.ft.
UP
UP
EXIST.COOLER
ADA
BAR172 sq.ft.
25'-158"19'-2"
48'-7"
17'-3"5'-758"13'-1"10'-4"8'-6"
TOTAL SEATS: 58BAR:6 SEATSDINING :22 SEATSPATIO DINING:20 SEATSTOTAL AREA: 1796 sq.ft LIQUORSTO.
NIGHT COVERENCLOSUREVERMIN PROOFNIGHT COVERENCLOSUREVERMIN PROOF
FULL HEIGHT WALLCOOLER
SERVICE STATION3'-6"FULL HEIGHT WALL+42" HIGH+34" HIGH5'-514"5'-2"11'-5"POSPASS-THRUWINDOW(FULLY CLOSABLE)LIFT UP HINGEDWINDOWS TIGHTSEALED WHEN CLOSED
FULL HEIGHT GLASS WALL
LIFT UP HINGEDWINDOWS TIGHTSEALED WHEN CLOSED
(EXIST'G)DINING596 sq.ft.
(E) COOKLINE230 sq.ft.(E) KITCHEN(EXIST'G)SCULLERY
(EXIST'G) EMPL.R.R.
(E)WOMEN`SR.R.45 SF.(E) MEN`SR.R.39 SF.HALLWAY #165 sq.ft.
UP
UPADA
(E) EGRESS
AUTOMATED DOOR (N0 CHANGE)(E) EGRESS
(E) 42" GUARDRAIL(E) STEEL GATE
(E) 36" GUARDRAILMODIFY SEESHEET ID 5.2
(E) STORAGE
N0 CHANGE
SEE ATTACHEDDETAIL FORHEIGHTREQUIREMENTSEE ATTACHED DETAIL FORHEIGHT REQUIREMENT (E) SRAIRS
(E) STEELCOLUMNSUPPORTEXISTING STEELCANOPY (TYP)
WITH STEEL PLATEAT BOTH SIDES
(E) LOCKER(E) 42"GUARDRAILMODIFY TO 5FEET
(E) 42"GUARDRAILMODIFY TO 5FEET(E) 42"GUARDRAILMODIFY TO 5FEET B BC C
D
D
B BC C
D
Seal Revision No.DateKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS ID 2.1SCALE: 1/4"=1'-0"
FLOOR PLAN26611 ALISO CREEK RD, ALISO VIEJO, CA 92656 B DID 5.1CID 5.1 AID 5.0
ID 5.0
EID 5.2FID 5.2
JID 5.3ID 5.3H
1ID 6.0
2ID 6.0
GID 5.3
FUNCTION OF SPACEOCCUPANT LOAD FACTORKitchens, commercial200 grossUse and OccupancyDining OccupancyAREA OF THE TABLES 1300 SF/ 15=86.6 PERSON 217
GENERAL NOTES
MATERIAL REFERENCE
-CABINETRY BY GENERAL CONTRACTOR (UNLESS OTHERWISE NOTED).-PROVIDE HIDDEN HINGES.-REFER TO SCHEDULE SHEETS FOR CABINET & HARDWARE STYLE/FINISH-PROVIDE BLACK PLASTIC 3" MIN. ROUND GROMMETS IN COUNTERTOPS- TO BE DRILLED AFTER/WHEN EQUIPMENT IS INSTALLED.-TOE-KICKS TO BE UNIFORM HEIGHT AND DEPTH.-INSTALL TILE CENTERED IN SPACE IN SUCH A WAY THAT CUTS SMALLER THAN 2" ARE AVOIDED-GENERAL CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFICATION PRIOR TO ANYCONSTRUCTION, ANY DISCREPANCY FOUND IN THESE DRAWINGS SHALL TO BE BROUGHT TOTHE ATTENTION OF "KU-PRODUCTIONS".SYMBOL LEGENDFINISH NOTES--- MFG:---STYLE / COLOR:---SIZE:---LOCATION:---
---------BASEBOARD
WOOD - 01WD-01XXX - 00WD-01
PAINT - 01WD-01PAINT - 02WD-01PAINT - 03WD-01TRIM - 01WD-01 MFG:---STYLE / COLOR:---SIZE:---LOCATION:---TILE - 01WD-01MFG:---STYLE / COLOR:---SIZE:---LOCATION:---WC - 01WD-01 MFG:---STYLE / COLOR:---SIZE:---LOCATION:---MD - 01WD-01MFG:---STYLE / COLOR:---SIZE:---LOCATION:---MD - 02WD-01 ---PAINT - 04WD-01
MFG:---STYLE / COLOR:---SIZE:---LOCATION:---STONE - 01WD-015"8'-11" 39'-5" 1'-4"4"3'-4"212"
5"2'-9"3'-11"312"6"312"3"2'-0"2"2'-3"2"2'-3"2"2'-3"4"2'-3"2"2'-3"2"2'-3"2"2'-0"3"4"3"2'-0"2"2'-3"2"2'-3"2"2'-3"4"2'-3"2"2'-3"2"2'-3"2"2'-3"4" 212"4"
3'-1012"212"3'-1012"212"3'-1012"212"3'-1012"212"3'-1012"212"3'-1012"212"3'-1012"212"3'-1012"212"2'-0" 8"(NEW) 3/8"tempered glass 8"tall per manuf.(NEW) 1/2"plywood sht'g w/ #8self tap screw at 6"o.c. to steelmember(NEW) 2x6 redwood with 16D's at6" o.c.(E) 3x3x1/4"steel tube(E) 2x2x1/4"steel tubebaluster (E) 3x3x1/4"railing at 48"o.c.44"
(e) conc.slab
Seal Revision No.DateKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS ID 5.2ELEVATIONS26611 ALISO CREEK RD, ALISO VIEJO, CA 92656 SCALE: 1/2"=1'-0"
PAINT-02PAINT-04
PAINT-02PAINT-02PAINT-02PAINT-02
PAINT-04PAINT-04PAINT-04
PATIO ELEVATIONSTONE-01
GLASS GATE
218
5"8'-11"
20'-2"1'-4"4"3'-4"
5"2'-9"3'-11"312"6"312"
212"3'-1012"212"1'-912"212"1'-812"212"3'-6"212"1'-812"212"1'-914" 3'-11"3'-11"1'-1"
GENERAL NOTES
MATERIAL REFERENCE
-CABINETRY BY GENERAL CONTRACTOR (UNLESS OTHERWISE NOTED).-PROVIDE HIDDEN HINGES.-REFER TO SCHEDULE SHEETS FOR CABINET & HARDWARE STYLE/FINISH-PROVIDE BLACK PLASTIC 3" MIN. ROUND GROMMETS IN COUNTERTOPS- TO BE DRILLED AFTER/WHEN EQUIPMENT IS INSTALLED.-TOE-KICKS TO BE UNIFORM HEIGHT AND DEPTH.-INSTALL TILE CENTERED IN SPACE IN SUCH A WAY THAT CUTS SMALLER THAN 2" ARE AVOIDED-GENERAL CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFICATION PRIOR TO ANYCONSTRUCTION, ANY DISCREPANCY FOUND IN THESE DRAWINGS SHALL TO BE BROUGHT TOTHE ATTENTION OF "KU-PRODUCTIONS".SYMBOL LEGENDFINISH NOTES--- MFG:---STYLE / COLOR:---SIZE:---LOCATION:---
---------BASEBOARD
WOOD - 01XXX - 00
PAINT - 01PAINT - 02PAINT - 03TRIM - 01
MFG:---STYLE / COLOR:---SIZE:---LOCATION:---TILE - 01MFG:---STYLE / COLOR:---SIZE:---LOCATION:---WC - 01 MFG:---STYLE / COLOR:---SIZE:---LOCATION:---MD - 01MFG:---STYLE / COLOR:---SIZE:---LOCATION:---MD - 02 ---PAINT - 04
MFG:---STYLE / COLOR:---SIZE:---LOCATION:---STONE - 01
25'-012" 3'-812"3'-3"5'-1"1'-10"
12'-8"5'-0"
2'-6"1'-0"
10'-2"8'-4"
3'-812" 1'-534"1'-112"1'-112"2'-734"1'-112"2'-734"1'-112"2'-734"1'-112"1'-112"1'-534" 3'-812"19'-1014"14'-8" 3"1'-0"1'-0"8"
1"
312"112"10"
2'-8"
18'-934" 2'-0"3'-4"5'-0"
13'-1134"
10'-2"8'-4"
2'-10"
5'-912" 1'-4"5'-912"112"1'-6"112"1'-0"112"1'-0"112"1'-8" 1'-4"1'-8"
5'-8"5'-8"3"
Seal Revision No.DateKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS ID 5.3ELEVATIONS
SCALE: 1/2"=1'-0"
26611 ALISO CREEK RD, ALISO VIEJO, CA 92656
PATIO ELEVATION
PAINT-01
PAINT-02
PAINT-03
PAINT-02
PAINT-04PAINT-04
STONE-01
PAINT-03
STONE-01SCALE: 1/2"=1'-0" FRONT BAR ELEVATIONSCALE: 1/2"=1'-0"REAR WALL BAR ELEVATION STONE-01
PAINT-01
219
5'-0"(NEW)1/2"temperedglass 5'tall permanuf.
(NEW) 1/2"plywood sht'g w/#8 self tap screwat 6" o.c. to steelmember(NEW)2x6 redwoodwith16D's at6" o.c.(E)3x3x1/4"steeltube(E)2x2x1/4"steeltubebaluster (E)3x3x1/4"railingat 48"o.c.8'-6"
(E)CONC.SLAB(E) 42"
(NEW) 6X6 FLATW/ 1/2" plywoodsht'g w/ #10 selftap screw at 6"o.c. to steelmember (E)CONC.RET'GWALL10"
1"x1"x1" x1/8"thk. seamsW/ #10screws at 3"o.c.
1 1/2"x1"x11/2" x 1/8"thk. seamsW/SDS1/4x3"screws at 3"o.c.
HSS3X3X1/4"STEELFRAME
METALROOF
(N) 5'-6"Partition Wall(N) 3'-6"Wood GuardrailWall(E) 7'-6"Partition Wall(N) 3'-0" WoodGuardrail Wall (N) Metal RoofReplace (E) inKind
(E) Single Roof toremain
(E) Single Roof toremain
(E) 3" x 3" x 1/4"Steel Post
33'-878"11'-4"4'-0"
(E) Top of Roof
(N) Full HeightFix TemperedGlass from top ofwood railing tobottom of the roofFix Win.Fix Win.Fix Win.Fix Win.NewNewNewNewDoorNewBeyondStorage Area
GLASS CONNECTION DETAIL A
AID.5.4
Seal Revision No.Date
designKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS ID 5.4EAST ELEVATION26611 ALISO CREEK RD, ALISO VIEJO, CA 92656 SCALE: 1/4"=1'-0"EXTERIOR PATIO EAST ELEVATION
220
(E) Single Roof toremain
(N) Metal RoofReplace (E) inKind33'-878"11'-4"
(E) Top of Roof
12'-878"
(N) Metal RoofReplace (E) inKind(N) Full HeightFix TemperedGlass from top ofwood railing tobottom of the roofFix Win.Fix Win.FixWin.FixWin.NewNewNewNewPatioEnterance designSeal Revision No.DateKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS ID 5.5SOUTH ELEVATION26611 ALISO CREEK RD, ALISO VIEJO, CA 92656 SCALE: 1/4"=1'-0"EXTERIOR SOUTH ELEVATION
AID.5.4
221
COMPUTER/ CAMERA ROOMHALLWAYEXISTING MEZZANINEEXISTINGEXISTING
1.CONCRETE FLOOR STRUCTURE -EXISTING, EXPOSED -TO REMAIN (REFINISH, AS DIR.)2.ROOF /FLOOR STRUCTURE -EXISTING -TO REMAIN3.^h^W E
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d/>;Z
DKs
y/^d/E'Ϳ4. ACOUSTIC CL'G. -SUSPENDED, PER DTL W/. T-BAR GRID + ACOUSTIC PANELS (AS SELECTED)5. CROSS BRACING -FOR SUSPENDED CEILING, REF. DETAILS6.SOFFIT-METAL FRAMING W/. 5/8. GYP. BO., TYP. (U.N.O., ALT. 2x4@ 16 0.C.) PER DETAIL7.CEILING BEAM -METAL CHANNEL FRM'G., PER DETAIL W/. HDWD. VENEER PLYWD. BOX BEAM8.WZd/d/KEͲϯͲϭͬϮ͟D d>^dh&ZD
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d/>^9.FULL-HEIGHT PARTITION, PER DETAILS (REF. 'PARTITION NOTE #8') ABOVE10.(N.) PARTITION TO JUST ABOVE SUSP. CEILING, PER DETAILS (REF. 'PARTITION NOTE')11.FULL-HT. PARTITION -EXISTING TO REMAIN12.WZd/d/KEΛKK<>/E Ͳ^d
>^dh^Λϭϲ͟K͕͘͘h͘E͘K͘;s
Z/&z
y/^d/E'Ϳ13. DEMISING WALL-EXISTING, TO REMAIN. VERIFY CONST./1-HR. ARE SEP'N- REFIN. AS. REQ"Dϭϰ͘WKEzt>>͘ϯͲϭͬϮΗDd>͘Λϭϲ͟K͘͘;tͬ͘^/>Z /E&͘^Z
YΖ͘ͿнϱͬϴΗ'zW͘15. EXTERIOR FRAMED WALL (E.) TO REMAIN (ADD THERMAL INSUL AS REC'D.)16. FRAMED STRUCTURAL WALL (E.), TO REMAIN17.THERMAL INSULATION -MIN. R-19 BATT INSUL (OR AS PER MECH. DWG'S.) @ EXT. WALLS18.STOREFRONT -NEW PORTION (REPL. (E.) AS DIRECTED BY OWNER)19.STOREFRONT, EXISTING TO REMAIN20.STOREFRONT, EXISTING TO BE REMOVED AND/OR REPLACED21.DOOR OPENING, REFER TO PLAN, DETAIL AND SCHEDULE (TYP.)22. FLOOR -(E.) CONC. SLAB ON GRADE (VERIFY UTIL LOCATIONS PRIOR TO ANY SAW CUT)23.KITCHEN HOOD -EXISTING, W/, 1-HR, RATED CHASE -VERIFY (REF. KITCHEN + MECH. DWG'S.)24.DOOR -NEW, PER DOOR SCHEDULE AND PLAN25.INTERIOR FIXTUREWORK, PER I.D. DWG'S. BY OTHERS (COORD. W/. OWNER)26.FURNITURE -NOT A PART, PROVIDED BY OWNER (ILLUSTRATION ONLY)27.RESTROOM FIXTURES -REF. PLANS AND DETAILS28.AWNING -NEW DECO. CANVAS @ EXIST. MTL. FRAME (REPLACE EXISTING) -BY SEPARATE PERMIT29.AWNING -LINE Of TYP. AWNING, BEYOND (DASHED) -BY SEPARATE PERMIT30.FASCIA/PARAPET (E.) TO REMAIN -NOT A PART31.WROUGHT IRON RAILJNG/GUARDRIL & GATE EXISTING -TO REMAIN -AS OCCURS32.PROPERTY LINE33.STORAGE SHELVING, NOT A PART. PROVIDED BY OWNER34.(N.) FRAMED FAUX SKYLITE W/. DECO. LUMN. CL'G. (REF. DETAILS)35.ATTIC SPACE -EXISTING -PROVIDE ACCESS AS REQ'D. (VERIFY EXISTING)36.APPLIED TEGULAR ACOUSTIC PANELS -PER RCP + SCHED.37.COOLER -WALK-IN COOLER (E.) BEYOND (TO REMAIN)38.THERMAL. INSULATION -MIN. R-30 @ ROOF /ATTIC (PER MECH. DWCS.) -VERIFY EXISTING39.GLASS WIND SCREEN -EXISTING TEMP'D. GLASS -TO REMAIN40.tZKh',d/ZKEZ/>/E'Ͳ; ͘Ϳ'hZZ/>;D/E͘ϰϮ͟,͘ͿdKZ
D/E
SECTION KEYNOTE
Seal Revision No.Date
designKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS ID 5.6OCFA ARCHITECTURALNOTES26611 ALISO CREEK RD, ALISO VIEJO, CA 92656 SCALE: 1/4"=1'-0"SECTIONS
222
Seal Revision No.Date
designKENNETH USSENKO DESIGN3633 MacArthur Blvd, Suite 406Santa Ana, California 92704KU PRODUCTIONS ID 8.0COLORED ELEVATIONS26611 ALISO CREEK RD, ALISO VIEJO, CA 92656 SCALE: 1/4"=1'-0"EXTERIOR PATIO EAST ELEVATION
SCALE: 1/4"=1'-0"EXTERIOR SOUTH ELEVATION
223
224
Fennel Mediterranean
Restaurant
March 1, 2023
225
Project Description
and Location
Fennel Mediterranean kitchen and
bar is located at Aliso Town Center
Suite A.
Conditional Use Permit and Site
Development Permit for Full Alcohol
Service and Tenant Improvements.
226
Discussion
The proposed project is to operate a restaurant with more than 17 seats with full alcohol service, a CUP is required.
The proposed project includes the enclosure of an existing, 896 square foot, outdoor patio area, and therefore, requires a SDP.
227
Staff
Recommendations
Recommended Actions:
1. Open and conduct a public hearing;
2. Find that the request is exempt from the
California Environmental Quality Act pursuant to
State CEQA Guidelines Sections 15301 (Existing
Facilities); and
3. Adopt a Resolution (Attachment 1) approving a
Conditional Use Permit and Site Development Permit
to allow a 48-seat restaurant with full alcohol service (Fennel Mediterranean Kitchen and Bar) and to
enclose an outdoor patio area at 26611 Aliso Creek
Road Suite A.
228
City of Aliso Viejo
AGENDA ITEM
DATE: March 1, 2023
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: RESOLUTION OF SUPPORT FOR THE IRANIAN AMERICAN
COMMUNITY
Recommended Action:
Consider adoption of a Resolution declaring support for the Iranian American community and supporting sanctions against Iranian individuals and entities responsible for human rights violations in Iran.
Fiscal Impact:
None.
Discussion:
At the February 1, 2023 City Council meeting, Mayor Hurt obtained consensus to direct staff to agendize a Resolution declaring support for the Iranian American community and supporting sanctions against Iranian individuals and entities responsible for human rights violations in Iran. Staff recommends the City Council consider the subject Resolution.
Attachment:
1. Resolution
229
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, DECLARING SUPPORT OF THE IRANIAN
AMERICAN COMMUNITY AND SUPPORTING SANCTIONS AGAINST
IRANIAN INDIVIDUALS AND ENTITIES RESPONSIBLE FOR HUMAN
RIGHTS VIOLATIONS IN IRAN
WHEREAS, on September 13, 2022, Mahsa Zhina Amini, a 22-year-old Kurdish woman, was reportedly beaten by Iran’s morality police after being arrested and taken into custody for purportedly wearing a hijab too loosely; and
WHEREAS, the Government refuses to allow an unbiased and independent investigation of the circumstances surrounding the September 16th death of Mahsa Zhina Amini after spending three days in a coma; and
WHEREAS, the tragic death of Mahsa Zhina Amini has inspired numerous and ongoing protests throughout Iran resulting in thousands of arrests to extinguish the voices of journalists, media figures, and members of the public who seek to amplify Iranian’s desire for personal freedoms, which the government of Iran has now blamed on the United States; and
WHEREAS, on September 22, 2022, the United States Department of State sanctioned Iran’s morality police and seven Iranian officials for alleged human rights abuses; and WHEREAS, over the last 44 years, the regime in Iran has committed numerous acts of violence and frequent human rights violations against its own people, particularly against women, students, and protestors. The regime occupying Iran has also supported instability in the region. Substantial evidence demonstrates violations, including but not limited to, the killing of hundreds of civilians including numerous children; the use of tear gas, batons and ball bearings on those peacefully protesting for “women, life, freedom”; the shooting and killing of students at elite universities; using torture, forced confessions and sexual violence as a means of silencing opposition; involvement in the burning of the Evin prison that holds political prisoners, intellectuals, reporters, and journalists; the murder of demonstrators in Baluchistan and military attacks on unarmed people in the Kurdistan province; and
WHEREAS, the Iranian government’s brutal crackdown on demonstration is an unacceptable assault on fundamental human rights. The nation-wide protests in Iran are a manifestation of the outrage of Iranian people over decades of oppression and violation of women’s rights and the brutality that every Iranian women and members of LGBTQIA face on a daily basis. Activists, students, and other people from all walks of life are putting themselves on the line to demand freedom, right of self-determination and autonomy, equality and justice; and
230
WHEREAS, the government of Iran has restricted the people’s access to the internet, phone, electricity, and other forms of communication, and detained athletes and artists who show solidarity with the Iranian people to allegedly make forced television appearances and social media posts to derail their solidarity and to bargain their release; and
WHEREAS, during the period of September 29 through December 21, 2022, the United States Department of State has issued 24 additional sanctions ranging from sanctions on the Iranian petroleum and petrochemical sanctions evaders to Iranian leaders and entities responsible for human rights abuses, censorship, and prison abuses as well as senior officials of Iranian broadcasters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALISO VIEJO AS FOLLOWS:
SECTION 1. The Aliso Viejo City Council stands with its Iranian American community members, particularly Iranian American women, as their relatives and associates are suffering through the current human rights injustices in Iran.
SECTION 2. The City of Aliso Viejo supports the various sanctions of the United States Department of State issued on Iran’s Morality Police, Iranian leaders and entities responsible for human rights abuses, censorship, and prison abuses.
SECTION 3. The City of Aliso Viejo condemns the violent acts that are being perpetrated against the Iranian people, particularly against women.
SECTION 4. The City of Aliso Viejo honors the life and legacy of Mahsa Zhina Amini by urging the international community to continue to apply pressure on Iranian Government to ensure basic human rights for all its citizens.
SECTION 5. The City of Aliso Viejo stands with the courageous protesters, and strongly supports the right of all women to live a life without repression, brutal violence, and restrictions on their basic human rights, and calls for violent state actors to be held accountable. We support the peaceful protest movement. We advocate for release of all protesters who have been arrested and ask that all charges against them are dropped, and an immediate stop to the execution of innocent women and men who have not been granted access to the legal counsel of their choice and have been sentenced to death through sham trials.
SECTION 6. The City of Aliso Viejo calls upon government officials and our greater community in Orange County to stand with the Iranian people in their fight for freedom, support the removal of US sanctions on Technology to Circumvent Iran Internet Crackdown, and create the conditions for the people of Iran to chart their own path. 231
SECTION 7. The City of Aliso Viejo calls upon on our State Senators to co-sign and vote to support California State Resolution SCR6 introduced by State Senator Tom Umberg.
PASSED, APPROVED AND ADOPTED this 1st day of March, 2023. __________________________
Richard Hurt
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 232
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2023-__ duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 1st day of March, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
___________________________
MITZI ORTIZ, MMC
CITY CLERK
(SEAL)
233