RES-8723 Granting Conditional Use Permit No. 1981-92RESOLUTION NO. 8723
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE MODIFYING THE RECOMMENDATION OF
THE PLANNING COMMISSION OF THE CITY OF
ORANGE AND GRANTING A CONDITIONAL USE
PERMIT TO ALLOW A CHANGE IN OPERATING HOURS
AND THE OFF-SALE OF BEER AND WINE
UPON PROPERTY SITUATED ON THE WEST SIDE
OF SANTIAGO BOULEV ARO, 400 FEET SOUTH
OF LINCOLN AVENUE/NOHL RANCH
ROAD.Modification to Conditional Use Permit
1981-92 Applicant: O.K.
Partners
1 RECITALS:After report thereon by the Planning Commission and after due public
hearings as required by law, and after receiving a recommendation from the
Planning Commission,recommending, by Resolution No. PC45-96, that modification to
Conditional Use Permit 1981-92 be granted to allow a change in operating hours upon
property situated on the west side of Santiago Boulevard, 400 feetsouth of Lincoln
Avenue/Nohl Ranch Road,the City Council considered modification to Conditional
Use Permit 1981-92 and determined that the recommendation of the
Planning Commission should be modified and modification to Conditional Use Permit 1981-
92 be granted. Subject property
is more particularly described as foIlows:Parcel 2, as shown on a map filed in Book 135, Page
50 of parcel maps in the Office of the County Recorder of said county,
in the State of California,
County of Orange, City of Orange.During the public hearing, the City
Council found the facts as follows:1. In 1992, the Planning Commission
approved Conditional Use permit 1981-92 to allow the subject site to be developed with a two story
building that would be used for a full-service car wash and retail sales area on the
ground floor, and an office on the second floor. The approval included the
installation of eight gas pump islands. The car wash/mini-market
structure and other on-site improvements have now been completed and the applicant is in final preparations
to open the car wash. The subject site is located onthe west side of Santiago
Blvd. 400[ south of Lincoln/Nohl Ranch Road (2700 N.Santiago Blvd.).
The site is zoned C- TR (Commercial, Tustin Redevelopment) District.2. The applicants
are now requesting modifications to allow changes in the operating hours for the mini-market and gas pumps,
and to allow the sale of beer and wine for off-site consumption. Specifically,
for the gas pumps and the retail area from 7:30 A.M. - 10:00 P.M. to 24 hours every day,and
to beer and wine for off-site consumption between the hours of 8:00 a.m. to 9:00 p.m.
daily. The applicant is not proposing to change the hours of operation for the car wash,
which are 7:30 a.m. to 6:30 p.m.
3. The Planning Commission recommended thaI: (1) the City Council deny the
request to sell beer and wine for off-site consumption and (2) allow the expansion
of operating hours for the mini-market and gas pumps (5 a.m. to midnight, daily)
based on the
following findings:1. The extension of operating hours will provide a service to
the community and preserve the public's
general welfare.2. The extension of hours would not have an adverse impact
on surrounding residents
and businesses 3. The sale of beer and wine does not provide a service required
by the community, in that alcoholic beverages are already available on
a widespread basis in the
immediate vicinity.4. Due to the specific location of the site, adjacent to the on and
offramp to the freeway, the sale of alcoholic beverages would invite further problems
into the neighboring residential community as testified to at the public hearing
and would cause deterioration ofland uses bordering the
subject site.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that modification to Conditional Use Permit 1981-92 be granted for
the following reasons:1. The proposed use will not adversely affect the welfare
of
the surrounding community.2. The proposed use will not result in an undue concentration of premises
for the sale of alcoholic beverages in the City or in
the area involved.3. The proposed use will not have a detrimental effect
upon residences, churches,school, or other institutional use due to its hours of
operation and proximity.BE IT FURTHER RESOLVED that modification of Conditional Use
Permit 1981-92 be granted subject
to the following conditions:1. The project shall be implemented and operated in
substantial compliance with the project description as set forth in this staffreport and approved by
the Planning
Commission and City Council.2. This conditional use permit shall be reviewed one year from
date of approval and each year thereafter. Review shall be conducted jointly
by the Community Development Director and Police Chief, or designees. The purpose of the review shall
be to identifY excessive calls for service, including uniquely adverse issues of
loitering, vandalism, crirninal activity,noise, or nuisance resulting from approval of this conditional use permit.
If such issues
are
identified, the conditional use permit shall be presented to the Planning Commission and City
Council for consideration of conditions modification or revocation.
3.
The owner shall maintain an unobstructed view through store front windows to allow
police patrol officers to observe activity within the business during both day and night time.
If the business should reduce their hours of operation, there shall be a night light provided to
i1Iuminate the interior of the building during the hours the store is closed.4.
The applicant shall install signs at the cashier area and in the waiting area stating that
alcoholic beverages are not to be consumed on-site.
5. The display of beer and wine for sale is restricted to the two coolers indicated on
the floor plan that are opposite the cashiers stand and are located at least five feet from the main
entrance.
6. There shall be no coin-operated games maintained upon the premises at any
time.7. There shall be no live entertainment, amplified music or dancing permitted on
the prernises at any
time.8. Sales of alcoholic beverages shall be permitted only between the hours of 8:
00 a.m. to 9:00 p.m. Sunday through Saturday, with all alcohol being physically secured after 10:
00 p.rn. The mini market/gas station business hours shall be limited to 5:00 a.m. to 10:00 p.m. (
car wash from 7:30 a.m. to 6:30 p.
m.).9. No display or sale of beer and wine shall be made from an ice
tub.10. No beer or wine shall be displayed within five feet of the cash register or the
front
door.11. All containers of alcoholic beverages that are displayed for sale, shall be
secured against public access after the hours of 10:00 p.m. Secured refrigerator compartments must
have interior cornpartment separators to prevent access from neighboring non-locking
doors
or cornpartments.12. The sale of alcoholic beverages shall not be promoted by means
of exterior display, including signs, posters, pictures, or products, or be visibility from the exterior
of any
such
display.
13.licensee.No alcoholic beverages shall be consumed on any property under control
of the Reso
No.
14. The sale of beer and wine coolers shall be restricted to only a four or six pack, and
the sale of individual containers of such beverages, whether a bottle or can, shall not be allowed.
The applicant shall also install signs above the refrigerator units displaying the beer and wine
stating the following:
Beer may be purchased on this premises only in quantities of a six pack or
more."
Wine Coolers rnay be purchased on this premises only in quantities of a four
pack or more."
15. The applicant agrees to work with staff to ensure that site lighting does comply
with security standards, but does also mitigate neighbor light intrusion concerns.
16. This resolution is not effective unless it is signed by the applicant indicating and
acknowledging his/her understanding of the conditions irnposed herein. The failure of the
applicant to sign this permit in no way shall be deemed to confer any greater rights than are
contained in this permit.
17. By signing and accepting the resolution, the applicant accepts the benefits
conferred by the permit subject to the conditions imposed herein.
18. The applicant agrees to indemnify, hold harmless, and defend the city, its officers,
agents and ernployees from any and alIliability 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.
19. The applicant shall comply with alI federal, state and local laws. Violation of any
ofthose laws in connection with the use will be cause for revocation of this permit.
Adopted this 14th day ofJanuary, 1997.
c ATTEST:
City
Clerk of the ity of Orange Reso
No. 8723 4
I hereby certify that the foregoing Resolution was duly and regularly adopted by
the City Council ofthe City of Orange at a regular meeting thereof held on the 14th day of
January, 1997, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: SLATER. COONTZ. SPURGEON. ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: MURPHY
COUNCIL MEMBERS: NONE
SSH:dg Reso No. 8723
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