RES-10234 Denying Conditional Use Permit for Type 20 ABC License 1940 E. Katella Ave.RESOLUTION NO. 10234
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE DENYING CONDITIONAL
USE PERMIT NO. 2662-07, A REQUEST
TO MAINTAIN A TYPE 20 ABC LICENSE (
OFF-SALE BEER AND WINE) IN ASSOCIATION WITH
AN EXISTING SERVICE STATION LOCATED AT
1940 EAST KATELLA
AVENUE APPLICANT: DR. BOBBY MEHTA, WESTOAK
CHEVRON WHEREAS, Conditional Use Permit No. 2662-07 was filed in accordance
with the provisions of the City of Orange Municipal
Code; and WHEREAS, Conditional Use Permit No. 2662-07 was processed in
the time and manner prescribed by state and
local law; and WHEREAS, Conditional Use Permit No. 2662-07 is a request
to establish beer and wine sales (ABC Type 20 license) for an existing service station with a
945 square foot retail sales/cashier building and an
automated car wash; and WHEREAS, the Planning Commission is required per
Orange Municipal Code Section 17.30.030 to take action to recommend that the City Council approve
or deny Conditional Use Permit No. 2662-07, for an Alcoholic Beverage Control
Type 20 (Off-Sale Beer & Wine)License
associated with a service station; and WHEREAS, Conditional Use Permit No.
2662-07 is categorically exempt from the provisions of the California Environmental
Quality Act per StateCEQA Guidelines Section
15301 (Class 1 - Existing Facilities); and WHEREAS, the Planning Commission
conducted one duly advertised public hearing on August 6, 2007, for the purpose of considering
Conditional Use Permit No. 2662-07 and recommended that the City
Council deny the conditional use permit; and WHEREAS, the City Council
conducted a duly advertised public hearing on November 13, 2007, for the purpose of
considering Conditional Use Permit
No. 2662-07 upon
property described as follows:SEE ATTACHED LEGAL DESCRIPTION NOW, THEREFORE, BE IT RESOLVED
that the City Council of the City of Orange hereby denies Conditional Use Permit No. 2662-
07 for the off-sale of beer and wine
SECTION 1 - FINDINGS 1.
A Conditional Use Permit shall be granted upon sound principles of land use and in response
to services required by the community.Granting
of the Conditional Use Permit would not be based upon sound principles of land
use and the use is not a service required by the community in that:Crime
data for the reporting district in which the project is part of shows a high concentration
of crime and a high number of calls for police service within the area.
Specifically, the reporting district currently experiences 109 percent greater
reported crimes than the City district average. The introduction of alcohol
sales to a convenience type store that is accessory to automotive fueling in
the reporting district could increase the potential for deterioration to or special
problems at adjacent uses, which could lead to an increased number of calls
for police and fire services.Off-
site sales of beer and wine is not a needed service by the nearby community.
The following off-sale establishments are within 1 to 2 blocks of the
project:Arco AM/PM Gas
Station:Party Time
Liquor:D&L
Dairy:Smart &
Final:CVS
Pharmacy:1935 E. Katella
Avenue 1135 N. Tustin
Avenue 1064 N. Tustin
Avenue 1401 E. Katella
Avenue 1535 E. Katella
Avenue The service station is located immediately adjacent to a freeway on-
ramp, which could facilitate greater access to alcohol and a high-speed
freeway for people intent on
drinking and driving.The existing uses of the site are oriented
towards customers driving automobiles. These customers have transportation that can
enable them to purchase alcohol at any of the several other beer and
wine sales establishments in the immediate area or adjacent census tracts. No
residential uses are immediately adjacent to the existing service station that, with
the allowance of alcohol sales, would add a shopping alternative
for resident pedestrians.Therefore, it is reasonable to conclude that approving the
proposed alcohol sales would not be a public necessity or
even a convenience.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 project may cause deterioration of bordering land uses and
create special problems for the area in which it is
located in that:The addition of another alcohol sales establishment to an
area saturated with alcohol licenses could exasperate crime in an area
already experiencing crime that is 109 percent over the
Citywide
Aside from the number of incidents occurring in association with convenience
markets that sell alcohol, more concern and importance should be placed upon
the seriousness and nature of the incidents that are generally coupled with these
types of establishments. Incidents such as burglaries and robberies are
commonplace with such convenience markets. In light of these statistics, the
addition of another convenience market into this census tract could lead to an
Increase In crime.
The service station is located immediately adjacent to a freeway on-ramp,
which could facilitate greater access to alcohol and a high-speed freeway
for people intent on drinking
and driving.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 existing uses of the site are oriented towards
customers driving automobiles. These customers have transportation that can enable
them to purchase alcohol at any of the several other beer and wine
sales establishments in the project or adjacent census tracts. No residential uses
are immediately adjacent to the existing service station that, with the allowance of
alcohol sales,would add a shopping alternative for resident pedestrians. Therefore,
it is reasonable to conclude that approving the proposed alcohol sales would not
be a public necessity or even
a convenience.Off-site sales of beer and wine is not a needed service by
the nearby community.The following off-sale establishments are within 1 to
2 blocks ofthe project:Arco
AM/PM Gas
Station:Party Time
Liquor:D&
L Dairy:
Smart & Final:CVS Pharmacy:
1935 E. Katella Avenue
1135 N. Tustin Avenue
1064 N. Tustin Avenue
1401 E. Katella Avenue
1535 E. Katella Avenue The service station is located immediately adjacent to
a freeway on-ramp, which could facilitate greater access to alcohol and
a high-speed freeway for
people intent on drinking and driving.The addition of another alcohol sales
establishment to an area saturated with alcohol licenses could exasperate
crime in the community/neighborhood. The area is already experiencing crime that is
109
percent over the Citywide district average.Aside from the number of
incidents occurring in association with convenience markets, more concern and importance
should be placed upon the seriousness and nature of the incidents that are
generally coupled with these types of establishments. Incidents such
as
with such convenience markets. In light of these statistics, the addition of
another convenience market into community/neighborhood could lend to an
Increase In crime.
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.
Although it is reasonable to conclude that the granting of the proposed alcohol
sales would benefit the individual welfare of the applicant, the Conditional Use
Permit is being recommended for denial in order to preserve general welfare of
the census tract and surrounding community/neighborhood based on the
potential harmful effects stated in Findings 1-3. The success of the
service station with an accessory automated car wash and retail sales building
should not be primarily dependent upon beer and wine
sales.These findings are consistent with the goals and policies stated within the City'
s General Plan, which seeks to balance the merits of any economic gain with the protection
of exiting residential neighborhoods, and therefore recommends denial of the project due
to public safety and general
welfare.SECTION 2 --- FINDING OF CONVENIENCE OR NECESSITY
A finding of Convenience or Necessity cannot be made for this project in that multiple
off-sale establishments are within 1 to 2 blocks of the project and the facts introduced into
the record establish that the census tract is currently saturated with ABC Type 20
Licenses.ADOPTED this 13th day of November,
2007
ATTEST:
o Mary
E.
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 the13th day of November, 2007, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: SMITH, MURPHY, CA VECCHE, DUMITRU, BILODEAU
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
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