RES-8486 Granting Conditional Use Permit No. 2097-95RESOLUTION NO. 8486
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE UPHOLDING THE RECOMMENDATION OF THE
PLANNING COMMISSION OF THE CITY OF ORANGE AND
GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR
THE EXPANSION OF A SERVICE STATION ON A SITE WHICH
IS ADJACENT TO A RESIDENTIAL ZONE AND TO ALLOW
FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION
WITH THE SALE OF MOTOR FUEL UPON PROPERTY LOCATED
AT THE NORTHEAST CORNER OF ORANGE-OLIVE ROAD
AND MEATS A VENUE (2101 N. ORANGE-
OLIVE ROAD).CONDmONAL USE
PERMIT 2097-95
I &
B
DEVELOPMENT APPLICANT 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 PC12-95, that Conditional Use Permit 2097-95 be granted to
allow for the expansion of a service station on a site which is adjacent to a residential zone and to
allow for the sale of alcoholic beverages in conjunction with the sale of motor fuel
upon property located at the northeast corner of Orange-Olive Road and Meats Avenue (
2101 N. Orange-Olive Road), the City Council considered Conditional Use Permit
2097-95 and determined that the recommendation of the Planning Commission should be
upheld and Conditional Use Permit 2097-95 be
granted.Subject property is more particularly described as follows:A portion of Lot 23 of Fletcher Tract
as per Map recorded in Book 3, Page 320 of Miscellaneous Records in
the office
of the County Recorder of said Orange County, California.During the public
hearing, the City Council found the facts as follows:1. The applicant, I & B Development,
is proposing to add onto and remodel an existing service station located at the northeast
corner of Meats Avenue and Orange-Olive Road (2101 N.Orange-Olive Road). Details of
the proposal include construction of a two-story, 1,320 sq. ft.building addition (960 sq. ft. on the first floor and
360 sq. ft. on the second floor) to be used for a convenience-market
and office. The existing structure will continue to be used for auto servicing,restrooms, and
a small office. The proposal includes remodeling the existing parking lot by
adding approximately 1,250 sq. ft. oflandscaping and striping for 13 parking spaces.2.
To implement the proposal, the applicant is requesting a conditional use permit to allow for the expansion of a service
station on a site adjacent to a residential zone and to allow for the sale of alcoholic beverages
development standard regarding front and street side landscape area, and an administrative
adjustment to reduce the drive aisle width and parking space back-up dimension by10"
10.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Conditional Use Permit 2097-95 be granted for the
following reasons:1. The proposal will provide a service needed by
the community.2. The proposal is subject to conditions to assure that it will not have an
adverse impact on surrounding residents or
business owners.BE IT FURTHER RESOLVED that Conditional Use Permit 2097-95
be granted subject to
the following conditions:1. The project shall be constructed per plans approved by the
Planning Commission and on file with the Department
of Community Development.2. Within two days of the final approval of this project, the applicant shall
deliver to the Planning Division a cashier's check payable to the County Clerk, in an amount required
to fulfill the fee requirements ofFish and Game Code Section 711.4(d)(2) and the County
administrative fee, to enable the City to file the Notice of Determination required under Public Resources
Code 21152 14 CaI. Code Regulations 15075. If it is determined that there will be no
impact upon wildlife resources, the fee shall be $38.00. If the applicant has not delivered the required
fees within such two day period, the approval for the project granted herein
shall be void.3. Prior to issuance of building permits, the applicant shall
provide final building elevations, building colors, signs, and landscaping and irrigation plans to the
Design Review Board for
their final determination.4. Auto detailing service shall not be conducted in any parking spaces
or any outside area. Auto detailing service may be conducted only within the service station building'
s
two service bays.5. The display of beer and wine for sale shall be restricted to the cooler
located at the northeast corner of the convenience market and as indicated on
the floor plan.6. The sale of beer and wine coolers shall be restricted to a
minimum quantity amount of a four 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 THESE
PREMISES ONLY IN QUANTITIES OF A FOUR
PACK OR MORE."WINE COOLERS MAY BE PURCHASED
ON THESE PREMISES ONLY IN QUANTITIES OF A FOUR
PACK
7. The activity of the business shall be monitored by the City's Police Department with
a joint review conducted by the Community Development Director and the Police Chief, or
designees six months and one year from the start of operation. The purpose of the review shall be
to identify uniquely adverse issues of loitering, vandalism, criminal activity, noise or nuisance
resulting from the sale of alcoholic beverages. Should the level of police services demonstrate that
the applicant has not complied with the conditions of approval, the conditional use permit shall be
brought back to the Planning Commission and City Council for possible reconsideration of
conditions, modification, or revocation.
8. The site plan shall be modified to provide the minimum code required 10% on-
site landscaping area. The additional landscaping shall be added at the planters at the northeast
and southwest corners of the subject
site.9. The seven conditions contained in Section I7.88.020C of the Orange
Municipal Code are hereby incorporated by reference and shall be deemed to have full force and
effect.ADOPTED TIllS 13th DAY OF June
1995.
j';
t~ ,,/'(or of the City of
Orange
ATTEST:MARILYN J.
JENSEN City Clerk of the City of
Orange By:rJfUAAj)~ ~De uty City
Clerk 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 13th
if June , 1995, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:MURPHY, BARRERA, MAYOR COONTZ, SPURGEON,
SLATER
NONE
NONE
NONE MARILYN J.
JENSEN City Clerk of the City of
Orange By: ~ r!d:Ar~
i Deputy City
Clerk SSH:dh............................................................................................... .Reso. No.
8486