RES-10408 Conditional Use Permit Approval for Type 20 ABC License for Exising Mini-Mart at 615 S. Tustin St.RESOLUTION NO. 10408
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT NO. 2733-08 FOR A TYPE 20 (
OFF-SALE BEER AND WINE -PACKAGE STORE)
ABC LICENSE IN AN EXISTING MINI-
MART ON PROPERTY WITH AN
EXISTING SERVICE STATION AT 615 SOUTH
TUSTIN STREET.APPLICANT: CONOCO PHILLIPS
COMPANY INC.WHEREAS, City Council authority to render a decision on Conditional
Use Permit No. 2733-08 is derived from OrangeMunicipalCode (O.M.C.) Section 17.10.
030 D. which authorizes the City Council to have the final authority for Conditional
Use Permits involving off-sale alcoholic beverage licenses in conjunction with the sale
of motorfuel. Furthermore,O.M.C. Section 17.08.020 provides City Council authority for final
review of all matters relating to
planning and zoning; andWHEREAS, Section 17.30.0300.2. requires that an initial hearing
be held before the Planning Commission for Conditional Use Permits
involving off-sale alcoholic beverage licenses in conjunction with the sale of motor fuel
in the
Commercial Tustin Redevelopment C-TR) District.WHEREAS, the Planning Commission
conducted a duly advertised public hearing on August 17, 2009, for the purpose of considering
Conditional Use Permit No. 2733-08, and adopted Planning Commission
Resolution No. PC 33-09 recommending approval; and WHEREAS, Conditional Use Permit
No. 2733-08, was filed by the applicant in accordance with the
provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use
Permit No. 2733-08 was processed in the
time and mannerprescribed by state andlocal law; and WHEREAS, O.M.C. Section
17.10.080 requires that the project be reviewed in accordance with
California Environmental Quality Act provisions and the City of Orange
Environmental Review Guidelines. Conditional Use Permit No. 2733-08 is categorically exempt from
the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class
1 -Existing Facilities) and is
in accordance with the City of Orange Environmental Review Guidelines; and WHEREAS, the
City Council of the City of Orange conducted a duly advertised public hearing on
October 13, 2009, for the purpose of considering Conditional Use
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange hereby approves Conditional Use Permit No. 2733-08 for a Type 20 ABC
License Off-Sale Beer and Wine -Package Store), in association with an
existing mini-mart associated with a gasoline fueling station, based on
the following
findings:General Plan 1. The project must be consistent with the goals and policies stated within
the City'
s General Plan.The property is located on property that is zoned C-1 for Limited
Business, and has a General Plan Designation of General Commercial (GC).
The granting of this Conditional Use Permit for the off-site sale of beer and
wine in a mini-mart is consistent with the goals and policies of the Land
Use Element of the General Plan,by providing for a wide range of retail and
service commercial uses in the area.The Police Department's review
and recommendation of conditions supporting the ABC license were formulated in accordance
with the General Plan Safety Element Goals that require the City to maintain
an adequately manned and equipped police force, maintain crime prevention programs
designed to protect residents and property from crime, and involves the Police
Department in the
development review process.Conditional Use Permit 2. A Conditional Use Permit shall be granted upon sound
principles of land use and in response
to services required by the community.The site is in a census tract that is
under-saturated with On and Off-Sale licenses.The existing 518 square foot mini-mart
is located at a gas station, along a major arterial street in an
area nearly surrounded with multiple family dwellings. The area limited beer and wine sales
would accommodate an option for persons to purchase as they fuel their vehicles on
their way home from work or would provide convenient walk-to option for the
multiple adjacent residents and hotel guests who don't have any other alcohol sales
uses in relatively close proximity. In addition to beer and wine, the
mini-mart will carry various
food, beverage, and miscellaneous items that residents may purchase with convenience.3. 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.As conditioned, Staff
does not anticipate that the issuance of this CUP will adversely affect
the surrounding commercial and residential uses. The success of the mini-mart which supports
the gas station should not and shall not be primarily dependent upon beer and wine
sales. Beer and wine are offered as additional products for the patrons of
the subject mini-mart/gas station. To maintain the integrity of the mini-
mart operation, several conditions have been attached to the CUP so that the
establishment
Such conditions include limiting the quarterly gross sales of alcoholic beverages
within the convenience store (Condition 10), restricting the quantities and types of
beer and wine that may be sold (Conditions 11-13), the locations where beer and
wine may be displayed (Conditions 14 and 15), and the age of the employees who
are permitted to sell the beer and wine (Condition 21). Additional conditions
mandate the "turn around time" to remove any graffiti (Condition 28), the required
lighting and visibility in the parking lot (Conditions 25 and 26), and maintaining a litter
free property (Condition
27).Furthermore, the small size of the mini-mart combined with the
code provision prohibiting alcohol display within five feet of the cash register andpublic
entry/exit door should provide some self regulation of alcohol sales on-site
since only limited quantities of beer and wine would be provided and would likely
merit above market prices thereby deterring some customers with
alcohol related problems.4. 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.There is no community or neighborhood plan in the area. The site
is coveredunder the City's General Plan. The subject census tract is currently not
saturated with off-sale alcohol licenses. Three (3) off-sale licenses exist, where
four (4) are permitted.While the subject site is located in a high crime area, the majority
of the crimes relate to theft from a vehicle or burglary from a vehicle. There were
only 9 alcohol related crimes for all of 2008 for this reporting district and
the proposed space-restricted area in the mini-mart is not likely to contribute to the district'
s crime numbers, be a burden to police services, or impact the quality
of life in the surrounding community.Several conditions have been imposed
to protect the community. Such conditions include control on the quantities and types of alcohol (
beer and wine) that may be sold (Conditions 11-13), the locations
where beer and wine may be displayed Conditions 14 and 15), and the age of the
employees who are permitted
to sell beer and wine (Condition 21).S. 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.Several conditions have been attached to
the CUP so that the establishment will continue to operate as a mini-mart at
a gas station and preserve the general welfare of the community. Conditions
have been imposed that control the types and quantities of alcohol that
may be sold (Conditions 11-13). Conditions have also been placed on the CUP that
restrict the quarterly gross sales of beer and wine Condition 10), the locations
where beer and wine may be displayed (Conditions 14 and 15), the "turnaround
time" to remove any graffiti (Condition 28), and the lighting and
visibility
The Police Department believes that the inclusion of these conditions will assist in
protecting the surrounding residences and businesses. The Police Department does
not anticipate that the granting of this CUP will create a nuisance to the community
or deplete police resources with a high number of calls for service.
SECTION 2-CONDITIONS OF
APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with
approval: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 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. Thebusiness/project shall remain in substantial conformance with plans and
exhibits approved by the City Council, including modifications required by the conditions
of approval. Any future expansion in area or in the nature and operation of the
use approved by Conditional Use Permit No. 2733-08 shall require an application
for a new or amended Conditional
Use Permit.4. No portable containers or accessory structures shall be permitted on-
site outside of the mini-mart unless approved in association with a
Temporary Use Permit. Under no circumstances shall alcoholic beverages be stored on-
site outside of the mini-mart.5. The business shall comply
with all
California Alcoholic Beverage Control Department requirements.6. This Conditional Use Permit shall be reviewed one year
from the date of approval and each year thereafter as necessary. The review
shall be conducted jointly by the Community Development Director and Police Chief
or designee. 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.7. 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 and truancy which are listed below, then this conditional
use permit shall be reviewed for consideration
8. The premises are only permitted with a Type 20 California Department of Alcoholic
Beverage Control Department permit for off-sale beer and
wine.9. The subject alcoholic beverage license shall not be exchanged for a public
premises type license nor operated as a public
premise.10. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of merchant items that include food within the conveniencestore/mini mart 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.11. The sale of beer or malt beverages in quantities of quarts, 22 ounces, 32 ounces,
40 ounces, or similar size containers is prohibited. Beer, malt beverages, and
wine coolers in containers of 16 ounces or less cannot be sold by single containers,
but must be sold in manufacturer pre-packaged
multi-unit quantities.12. No wine shall be sold with an alcoholic content greater than
15% by volume.13. No wine coolers shall be sold in less
than afour-pack quantity.14. No alcoholic beverages shall be sold from any temporary
locations on the premises such as ice tubs, barrels,
or any other containers.15. No beer or wine shall be displayed within five feet of the cash
register
or any public entrance.16. All containers of alcoholic beverages that are displayed for
sale shall be secured against public access between the hoursof 11:00 p.m. to 6:00
a.m. The on-site manager may access alcoholic beverages from the
secured display area for the purpose of providing a sale in accordance with
California Department of
Alcohol and Beverage Control regulations.17. There shall be no coin-operated games maintained
upon the premises at any time.18. Employees on duty between the hours of 10:00 pm and 1:
00 am shall be at least twenty-one (21) years
of age to sell beer and wine.19. There shall be no live entertainment or
amplified music permitted on the premises at any time except for
events
20. Outdoor amplification systems, loudspeakers and paging devices shall not be used
outside the licensed premises except for events sanctioned by Condition Number 26
herein. Interior amplification devices for the purpose of background music or the
paging of employees or customers in the interior shall not be prohibited on the
licensed premises.
21. There shall be no exterior advertising of any kind or type promoting or indicating the
availability of alcoholic beverages. Advertising directed to the exterior from within
the mini-mart and alcoholic beverage advertising from motor fuel islands
shall constitute a violation of this
condition.22. 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.23. Lighting in the parking area of the premises shall be directed, positioned and
shielded in such a manner so as to not unreasonably illuminate the window area of
nearby
residences.24. The petitioner(s) shall be responsible for maintaining free of litter, the area
adjacent to the premises over which he has
control.25. Graffiti shall be removed from the exterior walls and windows of the premises
within 72 hours of
discovery.26. 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.SECTION 3 -CONVENIENCE AND
NECESSITY The site is in a census tract that is under-saturated with On and Off-
Sale licenses. Approval of the CUP could facilitate alcohol sales from a small area in the mini mart
to the adjacent high density multiple family dwellings and hotel. The site would be
the only establishment with alcohol sales in immediate walking distance from residential uses
and the hotel
surrounding the site.SECTION
4 -ENVIRONMENTAL REVIEW This project is categorically exempt from the provisions of
the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class
ADOPTED this 13th day of October, 2009
a ~
yn avec e, Mayor, Ci of Orange
A1CTE~ST:
r
Mary E. M ity Clerk, C' range
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 13th day of October, 2009, by the
following vote:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E~I~ ur ,City Clerk, City of
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