RES-8449 Granting Conditional Use Permit No. 2071-94RESOLUTIOII 110. 8U9
A RESOLUTIOII OF THE CITY COUllCIL OF THE CITY
OF ORAllGE UPHOLDIIIG THE RECOKMENDATIOII OF THE
ZOIlIIIG ADMIIIISTRATOR OF THE CITY OF ORAllGE
AND GRANTIIIG A CONDITIOIIAL USE PERMIT TO
ALLOW OFF-SALE OF BEER AND WIllE UPOII
PROPERTY SITUATED AT THE SOUTHWEST CORIIER OF
CHAPMAH AVENUE AND PROSPECT
STREET.CONDITIONAL USE
PERMIT
2071-94 AL MOUSSAVI; "
CHAPMAH
TEXACO"RECITALS:After report thereon by the Zoning Administrator
and after due public hearings as required by law and after
receiving a recommendation from the Zoning Administrator,
recommending that Conditional Use Permit 2071-94 be granted to
allow off-sale of beer and wine upon property situated at
the southwest corner of Chapman Avenue and Prospect street,
the City Council considered Conditional Use Permit 2071-
94 and determined that the recommendation of the Zoning
Administrator should be upheld and Conditional
Use Permit 2071-94 be granted.During the public hearing,
the City
Council found the facts as follows:1. A Texaco service
station operator proposes the sale of packaged beer and wine
from existing retail space at an automotive service station
at 3232 East Chapman Avenue, a parcel situated at
the southwest corner of Chapman and Prospect street. The
property's zoning classification is C1 Limited
Business District). The service station was redeveloped
approximately twelve (12) years ago, and generally complies with
the
City's current zoning ordinance requirements.2. During its
investigation of this application, the Orange Police Department
has determined that this proposal is located within a high
crime area and area of over-concentration (of existing
ABC licenses) as defined by rules of the
state Alcoholic Beverage Control. Unless directed otherwise by the City Council,
it is the intention of the Orange Police Department to
protest this request to
ABC as allowed by ABC rules.IIOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Orange that Conditional
Use Permit 2071-
1. There is a lack of substantial evidence in the record to
document a perceived conflict between land use and allegedly
high rates of criminal activity in the vicinity.
BE IT FURTHER RESOLVED that Conditional Use Permit 2071-
94 be granted subject to the following
conditions.1. No beer or wine shall be displayed within five feet of
the cash register or the entry doors to the
building.2. No advertisement of alcoholic beverages shall be
displayed at motor fuel
islands.3. No sale of alcoholic beverages shall be made from a
drive through
window.4. No display or sale of beer and wine shall be made from
an ice
tub.5. No advertising for beer or wine shall be visible
from outside the
building.6. No alcoholic beverages shall be sold after 10:00 p.
m.7. There must be ongoing compliance with ABC regulations,
and any City Police Department
requirements.8. This Conditional Use Permit (CUP) shall be reviewed one
year from the date of approval and each year thereafter.
Review shall be conducted jointly by the Community
Development Director and Police Chief or designees. Purpose of
the review shall be to identify uniquely adverse issues
of loitering, vandalism, criminal activity, noise or
nuisance resulting from approval of this CUP. If such issues
are identified the CUP shall be presented to the City
Council for consideration of conditions, modification or
revocation.ADOPTED this 14th day of February
1995.
C'
dAA~~~~~4A'J"~
City Clerk 0 e Ci 0 range
I 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 14 th
of February, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COON'I'Z, SPURGEON,SLATER
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
0 a..v~;>,~
City Clerk the 0:ltY of;0fange
SSH:dh Reso No. 8449
3