RES-10816 Establishing Alcoholic Beverage Control Type 20RESOLUTION NO. 10816
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT 2923 -13 ESTABLISHING AN
ALCOHOLIC BEVERAGE CONTROL TYPE 20
OFF -SALE BEER & WINE — PACKAGE STORE)
LICENSE IN AN EXISTING CONVENIENCE
MARKET OF A SERVICE STATION /CAR WASH
ESTABLISHMENT ON THE PROPERTY LOCATED
AT 1405 WEST CHAPMAN AVENUE.
APPLICANT: ORANGE CAR WASH INC.
WHEREAS, the Orange Municipal Code Section 17.18.030 requires approval of a
Conditional Use Permit 2923 -13 for alcoholic beverage sales on property zoned General
Business; and
WHEREAS, the City Council has authority per Orange Municipal Code Sections
17.10.030 and 17.30.030 to take a final action on Conditional Use Permits for any on -sale
alcoholic beverage license in conjunction with the sale of motor fuel upon recommendation
from the Planning Commission; and
WHEREAS, Conditional Use Permit No. 2923 -13 was filed by Orange Car Wash
Inc. in accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, Conditional Use Permit No. 2923 -13 was processed in the time and
manner prescribed by state and local law; and
WHEREAS, Conditional Use Permit No. 2923 -13 is categorically exempt from the
provisions of the California Environmental Quality Act per State CEQA Guidelines Section
15301 (Class 1 — Existing Facilities); and
WHEREAS, the Planning Commission conducted one duly advertised public hearing
on August 4, 2014, at which time interested persons had an opportunity to testify either in
support of, or opposition to, the proposal and for the purpose of considering Conditional Use
Permit No. 2923, and adopted Resolution No. PC 16 -14 recommending to the City Council
approval of said request upon property described as follows:
Exhibit A, attached hereto
WHEREAS, the City Council conducted one duly advertised public hearing on
September 9, 2014, at which time interested persons had an opportunity to testify either in
support of, or opposition to, the proposal and for the purpose of considering Conditional Use
Permit No. 2923.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves
Conditional Use Permit No. 2923 -13 Alcoholic Beverage Control Type 20 (Off -Sale Beer &
Wine — Package Store) License for the Orange Car Wash, based on the following findings:
SECTION 1 — FINDINGS
General Plan Required Findings:
The project must be consistent with the goals and policies stated within the City's
General Plan.
The project is consistent with the goals and policies stated within the City's General
Plan in that a convenience market offering beer and wine for sale for consumption
off -site would keep an existing commercial enterprise competitive continuing a
revenue generating business. According to the City of Orange's General Plan (Land
Use Element), Policy 3.2 states "actively promote the City as a place to shop and
conduct business, and encourage local patronage of Orange businesses.
Conditional Use Permit Required Findings:
A Conditional Use 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 would be based upon sound principles of
land use and in response to services required by the community in that consideration
has been given as to whether the proposed use will detrimentally affect adjacent land
uses. The subject property is a service station/car wash establishment located at the
intersection of Main Street and Chapman Avenue, a heavily travelled commercial
corridor, which serves City residents as well as persons traveling to the area. The sale
of beer and wine is considered an accessory use, and is a service typically expected
by the public, particularly as part of convenience store products. The Police
Department and Planning Staff support the request because it is anticipated through
the analysis and review that the operation of the business, as proposed, will not
increase or contribute to the crime rate in the reporting district or to the City overall.
2. A Conditional Use 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 establish an alcohol license is not anticipated to have adverse impacts
on surrounding land uses or create a special problem because the site is located in an
area with predominately commercial uses. The Conditions of Approval should
minimize the impact of the sale of alcohol in conjunction with the operation of the
service station/car wash establishment. There are residential properties and a public
middle school within 600 feet to the subject parcel; however, they do not have direct
access to the project site. The sale of alcohol is monitored within the premises as the
product display area is in close proximity to the cashier, so that it would not cause the
deterioration of bordering land uses.
Page 2
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.
The subject site is not located in the vicinity of any churches, hospitals or similar
uses. The proposal is not anticipated to have adverse impacts on neighboring land
uses within the area since it is similar to other uses in the same Commercially Zoned
Districts of the City along this Chapman Avenue corridor. Several single and multi-
family residential properties and a public middles school are located within 600 feet
of the parcel; however, none of the residential units have direct access to the project
site.
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.
To ensure the general welfare, the Police Department has recommended several
conditions, which place restrictions on the sale of alcoholic beverages under this
license type. Their conditions include a review of the establishment and police
records for excessive calls one year after the beginning of the sale and service of
alcoholic beverages. Other conditions have been placed on the project to reduce
crime inducing activities by requiring that alcohol display areas are secured against
public access between the hours of 2:00 AM and 6:00 AM, prohibiting the
consumption of alcohol on the premises, and requiring employees on duty after 10:00
PM be at least 21 years of age. If the Police Department finds that the service
station /car wash establishment's alcohol sales and service are not operating as
required, or there is a history of criminal or nuisance behavior, the Department will
recommend that the Planning Commission reconsider this permit.
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 1 — Existing
Facilities) because the project consists of the operation and licensing of an existing facility.
Public review is not required.
SECTION 3 — CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with this
recommendation for approval:
1. The project shall conform in substance and be maintained in general conformance with
plans and exhibits date labeled August 4, 2014, including any modifications required by
conditions of approval, and as approved by the Planning Commission.
2. Any future expansion in area or in the nature and operation of the use approved by
Conditional Use Permit No. 2923 -13 shall require an application for a new or amended
Conditional Use Permit.
Page 3
3. In conjunction with the ongoing operation of the business, the premises shall comply
with all requirements placed upon it by the State Alcoholic Beverage Control (ABC)
Board.
4. This Conditional Use Permit (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 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.
5. 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 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.
6. The applicant agrees to indemnify, 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.
7. The premises shall be maintained as a Type 20 Off -Sale Beer and Wine only.
8. The subject alcoholic beverage license shall not be exchanged for a public premises
type license nor operated as a public premise.
9. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
merchant items that include that include food within the convenience store during the
same time period. Fuel purchases are excluded from the gross sales of merchant related
items. 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.
10. No wine shall be sold with an alcoholic content greater than 15% by volume.
11. No wine coolers shall be sold in less than a four -pack quantity.
12. No alcoholic beverages shall be sold from any temporary locations on the premises such
as ice tubs, barrels, or any other containers.
13. No beer or wine shall be displayed within five feet of the cash register or any public
entrance.
14. No sale of alcoholic beverages shall be made from a drive -up window.
15. No beer or wine advertising shall be located on motor fuel islands and no advertising
for beer or wine shall be visible from outside the building.
Page 4
16. All containers of alcoholic beverages that are displayed for sale shall be secured against
public access between the hours of 2:00 AM to 6:00 AM. Secured refrigerator
compartments must have interior compartment separators to prevent access from
neighboring non - locking doors or compartments.
17. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
18. Employees on duty between the hours of 10:00 PM and 2:00 AM shall be at least
twenty -one (2 1) years of age to sell beer or wine.
19. 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 three weeks in
advance of the event.
20. 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.
21. 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.
22. 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.
23. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to
the premises over which he /she has control.
24. 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 displays of alcoholic beverages that are clearly visible to the
exterior shall constitute a violation of this condition.
25. 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 iterlis:
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); verifying age /checking 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.
26. 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.
Page S
27. All employees of applicant 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 applicant,
such training program must be completed within 30 days of the date of hire. The
employees must provide the City of Orange Police Department, Vice Unit, a copy of
completed Alcohol Management Program (AMP) certificate.
28. The business shall operate in compliance with requirements of OMC Chapter 9.28 —
Curfew for Minors.
29. Graffiti shall be removed from the exterior surfaces of the premises within 72 hours of
discovery and /or within 72 hours from the time a City of Orange Notice of Violation is
received by the applicant and /or property owner.
30. Expiration -If not utilized, this project approval expires two years from the approval
date. An extension of time may be permitted upon a written request, if received before
the expiration deadline.
31. Violations of conditions of approval constitute a violation of the Orange Municipal
Code, per Section 17.10.030.G.
32. These conditions shall be reprinted on the first page of any required construction
documents, if building permits are required to establish the use, when submitting to the
Building Division for the plan check process.
ADOPTED this 9 day of September, 2014.
Teresa E. Sinith, Mayor, City of Orange
AT TEST:
Mary E. , City Clerk, t f Orange
Page 6
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 therefore held on the 91h day of September, 2014, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS: Whitaker, Murphy, Bilodeau
COUNCIL MEMBERS: Alvarez, Smith
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Mary E. M hy, ity Clerk, City Orange
Page 7
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