RES-10295 Conditional Use Permit Approval Big E Food MartRESOLUTION NO. 10295
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT NO. 2703-08, A REQUEST
TO MAINTAIN A TYPE 20 ABC LICENSE (
OFF-SALE-BEER AND WINE) IN ASSOCIATION
WITH AN EXISTING SERVICE STATION LOCATED
AT 890 NORTH
BATAVIA STREET.APPLICANT: JOHN H. MOORCROFT - BIG E FOOD
MART WHEREAS, Conditional Use Permit No. 2703-08 is a request to establish
beer and wine sales (ABC Type 20 license) at an existing service station with a convenience
store and a mechanics
shop; and WHEREAS, Conditional Use Permit No. 2703-08 was filed in
accordance with the provisions of the City of Orange
Municipal Code; and WHEREAS, Conditional Use Permit No. 2703-08 was processed
in the time and manner prescribed by state
and local law; and WHEREAS, Conditional Use Permit No. 2703-08
is categorically exempt from the provisions of the California Environmental Quality Act
per State CEQA GuidelinesSection 15301 (Class
1 - Existing Facilities); and WHEREAS, pursuant to Orange Municipal Code Section 17.
30.030 the Planning Commission is required to make a recommendation to the
City Council for final determination to approve or deny Conditional Use Permit No.
2703-08, for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine)
License
associated with a service station;and WHEREAS, the Planning Commission
conducted one duly advertised public hearing on April 21, 2008, for the purpose of considering
Conditional Use Permit No. 2703-08, at which time they recommended that the
City Council approve Conditional Use
Permit No.2703-08, subject to conditions; and WHEREAS, the City Council conducted
a duly advertised public hearing on June 10,2008, for the purpose of
considering the Planning Commission's recommendation to approve Conditional Use
That portion of lots (1) of Glassell and Chapman tract, in the rancho Santiago De Santa
Ana, in the City of Orange, County of Orange, State of California, as per map recorded
in Book 5 Page(s) 408, of miscellaneous maps, in the office of the County Recorder of
said county.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange hereby approves Conditional Use Permit No. 2703-08 for the off-sale beer
and wine license at an existing service station, based on the
following findings:SECTION 1 -
FINDINGS General Plan Required
Findings:1. 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 the project would promote a commercial enterprise and support a
revenue generating business. Police Department review of the ABC license and
their recommendation of conditions is in support of 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 Required
Findings:1. A Conditional Use Permit shall be granted upon sound principles of land use and
in response to services required by the
community.The 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 it offers
an additional accessory use to the sale of motor fuel as well as a use that is not
over concentrated in the area. The project is located along Batavia Street, which is a
well-traveled street in an area that is comprised of mostly commercial and industrial
uses.The addition of this use would provide an additional opportunity for the sale
of alcoholic beverages in an area that is underserved and a service commonly
associated with the sale of motor
fuel.The Orange Police Department is not opposed to the issuance of a Type 20
ABC license at this service station because the area is not over concentrated with
off-sale licenses and is not in a high crime area. Also, conditions have been imposed
that limit quarterly gross sales of alcoholic beverages within the convenience store to
ensure the use is an accessory use to the convenience store and sale of
motor
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 offer alcoholic beverages is not anticipated to have any adverse impacts
on surrounding land uses or create a special problem because the site is located in an
area developed with industrial and commercial uses, which normally are not impacted
by the sale of beer and wine in conjunction with the operation of a service station.
There are no sensitive land uses within 600 feet to the subject parcel.
Statistics from the Orange Police Department and the Department of Alcoholic Beverage
Control reflect that 48 arrests for Part I and II crimes are listed in this reporting district. The
average number of Part I and II arrests in the City of Orange is 99. Thus, the crime rate in
this area of town is 52% below the citywide average. The concentration level of Off-
site alcohol licenses is not considered over-concentrated, therefore; the Police
Department and Staff support the request. Conditions that limit quarterly gross sales of
alcoholic beverages within the convenience store (Condition 11) and the quantities and fluid ounces
of the alcoholic beverages (Condition 12), so as to minimize any potential for
negatively impacting the surrounding community or bordering land uses in the area are
recommended
for approval.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 located in an area comprised of various industrial
and commercial uses. The proposal to sell beer and wine as an accessory use to the
convenience store and the service station fits into the context of this primarily industrial
area. Staff believes this use to be compatible to other uses in the area and as such,
is not anticipated to have a negative effect on the existing community or
neighborhood plan.To ensure it's compatibility, staff proposes various conditions be included
to maintain the sale of alcohol as an accessory use and mitigate any potential impacts
that may occur from
alcohol sales.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.Conditions have been imposed to ensure that the sale of alcohol is not the
primary use of the business and to ensure that the success of the service station does
not depend primarily on beer and wine sales. Beer and wine are offered as additional
products for the patrons of the subject service station and convenience store. To
maintain the integrity of the service station's operation and to preserve the general
welfare, several conditions have been attached to the CUP so that the service station will not
operate in a manner that will not negatively affect the surrounding businesses.
Those conditions include limiting quarterly gross sales of alcoholic beverages within
the convenience store (Condition 11) and the quantities and fluid ounces of the
alcoholic beverages Condition 12), and no advertisement of alcohol in the windows (Condition 18).
If
Police Department finds that the service station is not operating as required, or there is
a history of criminal or nuisance behavior, the Department will recommend that the
Planning Commission reconsider this application (Condition 7). No beer or wine shall
be displayed within five feet of the cash register or any public entrance (Condition 16).
No sale of alcoholic beverages shall be made from a drive-up window (Condition
17).No display or sale of beer or wine shall be made from an ice tub (Condition 15).
Staff believes that approval of the CUP subject to the listed conditions will preserve
the general welfare of the area in which the project is
located.SECTION 2 - ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental
Quality Act per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities).SECTION
3- CONDITIONS OF APPROVAL BE
IT FURTHER RESOLVED that the following conditions are imposed with approval:1.
The proposal shall conform in substance and be maintained in general conformance
with the plans submitted (Dated April 21, 2008 for identification purposes)
and as recommended for approval 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. 2703-08 shall require an application for a new or
amended Conditional Use Permit.
3. 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 may be
cause for revocation of this permit.
4. 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.
5. These conditions shall be reprinted on the first page of the construction
documents when submitting to the Building Department for the plan check
process.
The following conditions are in accordance with the Police Department's Security
Standards for alcohol sales:
6. The premises shall comply with applicable State Alcoholic Beverage Control
Board requirements.
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7. This 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.
8. 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 CUP shall be
reviewed for consideration of further conditions, modifications or revocation.
9. The premises shall be maintained as a Type 20 off-site sale of beer and wine
only.10. The subject alcoholic beverage license shall not be exchanged for a
public premises type license nor operated as a public
premise.11. The quarterly gross sales of alcoholic beverages shall not exceed the gross
sales of merchant items that include food within the convenience store during the
same time period. Fuels purchases are excluded form 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 on
request.12. 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.13. No wine shall be sold with an alcoholic content greater than
15% by volume.14. No wine coolers shall be sold in less than
a four-pack quantity.15. No alcoholic beverages shall be sold from any
temporary locations on the premises such as ice tubs, barrels,
or any other containers.16. No alcoholic beverages shall be displayed within five feet of
the cash register
or any public entrance.17. No sale of alcoholic beverages shall be made
from a drive-up window.18. No alcoholic beverage advertising shall be located on
motor fuel islands and no advertising for alcoholic beverages shall be
visible from outside the building.19. No alcoholic beverages shall be consumed on
any property adjacent to the licensed premises under
the
20. All alcoholic beverage containers that are displayed for sale shall be secured from
8:00 p.m. to 8:00 a.m. and during such hours shall be accessed only by on duty
store employees. The secured refrigerator compartments for alcoholic beverages
must have interior compartment separators to prevent customer access from
neighboring non-locking doors or
compartments.21. There shall be no pool tables or coin-operated games maintained
upon the premises at
any time.22. Outdoor amplification systems, loudspeakers and paging devices shall not
be used outside the licensed premises. 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.23. 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, which
are clearly visible to the exterior, shall constitute a violation of
this condition.24. The petitioner(s) shall be responsible for maintaining free of litter
the area adjacent to the premises over which the petitioner
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.
Code Provisions The following Code provisions are applicable to this project and are included
for information only. This is not a complete list and other Code provisions may apply to
the project:Prior to the issuance of building permits, the applicant shall pay
all applicable development fees, including but not limited to: City Sewer connection,
Orange County Sanitation District Connection Fee, Transportation System
Improvement Program,Fire Facility, Police Facility, Park Acquisition, Sanitation District, and
School District,
as required.Building permits shall be obtained for all construction work, as required by the
City of Orange, Community Development Department's Building Division. Failure
to obtain the required building permits will be cause for revocation of this design
review permit.All structures shall comply with the requirements of Municipal Code - Chapter 15.
52 Building Security Standards), which relates to hardware, doors, windows,
lighting,etc. (Ord. 7-79). Approved structural drawings shall include sections of
the security code that apply. Specifications, details, or security notes may be used to
convey
the
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.Violations of conditions of approval constitute a violation of the Orange
Municipal Code, per Sectionl7.10.030.
G.ADOPTED this 10th day of June,
2008.
ATTEST:
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 lOt day of June, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary E. M
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