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RES-9950 Conditional Use Permit Approval for Alcohol Beverage Sales 1935 E. Katella Ave.RESOLUTION NO. 9950 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 2409-02 TO ALLOW THE SALE OF ALCOHOL BEVERAGES (TYPE 20, OFF-SALE BEER AND WINE), UPON PROPERTY LOCATED AT 1935 EAST KATELLA AVENUE APPLICANT: BP WEST COAST PRODUCTS, LLC WHEREAS, Conditional Use Permit No. 2409-02 was filed in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No, 2409-02 was processed in the time and manner prescribed by state and local law; and WHEREAS, on August 14, 2002, July 02, 2003, October 22, 2003, March 24, 2004,and May 12, 2004, the Staff Review Committee reviewed the proposal and recommended approval of Conditional Use Permit No, 2409- 02 subject to conditions; and WHEREAS, on October I, 2003, November 19, 2003, and February 18, 2004, the Design Review Committee reviewed the project; and WHEREAS, the Planning Commission conducted a duly advertised public hearing on Monday, January 3,2005, at which time interested persons had an opportunity to testify either in support of or opposition to Conditional Use Permit No, 2409- 02 upon property described as follows:PARCEL A:PARCEL 2, IN THE CITY OF ORANGE, AS SHOWN ON A PARCEL MAP FILED IN BOOK 32, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.I PARCELB:THAT PORTION OF VILLA PARK ROAD LYING NORTHERLY OF AND ADJACENT TO PARCEL A, HEREIN ABOVE DESCRIBED, AS ABANDONED PER RESOLUTION NO. 4228, EXECUTED BY THE CITY OF ORANGE AND RECORDED APRIL 26,1976 IN BOOK 11715, PAGE 1687 OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW WITH NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofOTange that Conditional Use Permit No. 2409-02 to allow the sale of beer and wine for the purpose of off-site consumption in conjunction with the sale of motor fuel is hereby approved based on the following findings:SECTION 1 - FINDINGS Conditional Use Permit No. 2409-02 I. A Conditional Use Permit shall be granted upon sound principles ofland use and in response to services required by the community,The proposal is based on the sound land use principles because the sale of beer and wine is but an accessory use to the primary commercial activity of selling motor fuel and convenience food. The subject site is designated for commercial use and located in an area that is designated for commercial uses and developed as such,2. A Conditional Use Permit shall not be granted ifit will cause deterioration of bordering land uses or create special problems for the area in which it is located.The City's Zoning Ordinance establishes that the City Council should consider the impact of the sale of alcoholic beverages on "sensitive" land uses, which aTe schools, churches, public parks, and hospitals. Staff does not anticipate the proposal to have an impact on any sensitive land uses since none are located in the vicinity of the subject site, The nearest "sensitive" land use to the subject site is California Elementary School, which is located on the east side of Cambridge A venue between Katella Avenue and Collins Avenue, and approximately 2,500 feet from the subject site, The proposal is not anticipated to have an advetse impact on the residents living to the north of the subject site because an 8' perimeter wall separates the two uses and vehicle and pedestrian access to the residential development is not located in the vicinity of the subject site. Additionally, the City of Orange Police Department has determined that the subject site is not located in an area with "high crime" and even thought it is located in area of over-concentration the proposal will not have an adverse impact on the City, A gas station with a mini-market (including the sale of beer and wine) has operated from the site since 1978 and the City's Police Department and Code Enforcement Division do not have any history of excessive service calls nor code violations.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 proposal is not anticipated to have adverse impacts on neighboring land uses within the area since a market use is compatible with the mixed commercial uses located adj acent to the subj ect site The subject site is not located in an area with a community or neighborhood plan. I The City's General Plan Land Use Element designates the subject site and corridor of properties along Katella Avenue between Tustin Street and the 55 Freeway as GC (General Commercial), which allows a mixture of commercial and office uses to serve the residents of the City of Orange, The selling of beer and wine for the purpose of off-site consumption is a commercial use that is generally allowed as an accessory use to other commercial uses, such as the operation of a mini-market in conjunction with the sale of motor fuel.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 reduce the likelihood the sale of alcoholic beverages will be abused, the City's Zoning Ordinance includes 6 conditions regarding the sale of beer and wine at mini-maTket associated with the sale of motor fuel. In summary, these conditions place restrictions on advertising, displaying, and storing alcoholic beverages. In addition to these conditions, the City's Vice Unit has recommended conditions that further require that alcoholic beverages not be consumed on-site and that coin-operated amusement devises not be allowed within the mini-market. These conditions have been incorporated in this resolution.I The Police Department has reviewed the proposal and did not express any concerns with the hours of operation, floor plans, and building entries. To ensure that the primary purpose of the proposal is that of a gasoline station/market, the Police Department has recommended several conditions, which place restrictions on the hOUTS alcoholic beverages can be sold, Their conditions include a review of the gasoline station/ market operation and police records for excessive calls one year after the beginning of the sale of alcoholic beverages, If the PoliceDepartment finds that the gasoline station/market is not operating as required, or there is a history of criminal or nuisance behavior, the Department will recommend that the City Council reconsider this application. In addition, to reduce the likelihood of access to alcoholic beverages by minors, no one under the age of 21 years will be allowed to sell alcoholic beverages between the hours of 10:00 P, M. and 2:00 A. M,SECTION 2 - ENVIRONMENTAL REVIEW The environmental impacts of the project were evaluated by Negative Declaration No,1690-02, which was prepared in compliance with California Environmental Quality Act CEQA) Guidelines.After examining the attached Negative Declaration No. 1690-02 and all documents included in the staff report, specifically pages 12- dated January 3, 2005, aTe incorporated as though fully set forth herein, the City Council finds the project could not have a significant effect on the environment and wildlife, and therefore adopts Negative DeclaTation No. 1690- 02,SECTION 3- CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the City Council recommends the following conditions are imposed with approval: General 1. All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit A (dated August 16, 2004, for identification purposes) as recommended for approval by the City Council.Further, exterior building color and materials shall conform to the color and materials board submitted to and approved by the Design Review Committee.Any change in color of the exterior of the building initially, or at any time in the future, shall be subject to review and approval by the Community Development Director or designee,2. All the conditions listed in this resolution shall be reprinted on the cover sheet or first page of construction plans, including grading plans.The following conditions are in accordance with standard policy established for alcohol sales:3. At any time the license is sold or possession is transferred to a person, firm, or entity other than the applicant to which Conditional Use Permit No, 2409-02 was issued, the City shall review the operations of the new owner or operator to insure compliance with the original conditions of approval.4. No Beer or wine shall be displayed within five feet of the cash register or any public entrance.5, No sale of alcoholic beverages shall be made from a drive-up window.6, No display or sale of beer or wine shall be made from an ice tub,7. 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.8. Employees on duty between the hours of 10:00 P.M, and 2:00 A.M, shall be at least twenty-one years of age to sell beer and wine.9. All containers of alcoholic beverages that are displayed for sale shall be secured against public access between the hours of 2:00 A.M. and 6: 00 A.M, Secured refrigerator compartments must have interior compartment separators to prevent access from neighboring non- The following conditions are in accordance with the Police Department's Security Standards for alcohol sales: I 10.The premises shall comply with applicable State Alcoholic Beverage Control Board requirements. II.This Conditional Use Permit 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 City Council for their consideration of conditions, modifications or revocation, 12, The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. 13, 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 ofthis condition. 14. Owner shall be responsible for and cause the immediate removal of, any and all graffiti that appears upon the property within 72 hours of discovery, The management is responsible for maintaining free of litter the area adjacent to the premises over which he/she has control. 15. The windows of the premises shall not be tinted or covered in a way, which obstruct a clear view of the interior of the premises from the exterior. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee, 17, I 18. 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. 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, 19. The front, rear, and sides of the exterior of the premises, as well as all adjacent parking lots under the control of the licensee, shall be illuminated at all times while the pTemises are open for business in such a fashion that persons standing outdoors at night are identifiable by law enforcement personnel. 5 20, The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 21. There shall be no pool tables or coin-operated games maintained upon the premises at any time.22, No wine and/or fortified wine product shall be sold with an alcoholic content greater than 15% by volume,23, No wine coolers shall be sold in less than a four- pack quantity.24, No malt and/or beer beverage products of less than 24 ounces per container shall be sold in less than a six-pack quantity.25, No alcoholic beverages shall be sold from any tempoTary locations on the premises such as ice tubs, barrels, or any other containers,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.27, All employees of petitioner who sell or serve alcoholic beverage products shall be required to oomplete a training program in alcoholic beverage compliance,crime prevention techniques and the handling of violence. For new employees of petitioner, 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.Code Provisions The following Code provlSfons 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: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 permit, save and except that caused by City' s active negligence.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 Any future expansion in area or in the nature and operation of the use approved by Conditional Use Permit No, 2409-02 shall require an application for a new or amended Conditional Use Permit. I 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.ADOPTED this 22nd day of March, 2005. ATTEST:City of Orange M~~~"~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 22nd day of March, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN:COUNCILMEMBERS: Smith, Ambriz, Murphy COUNCILMEMBERS: Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None I ityClfOrange MaryE.