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RES-8317 Granting Conditional Use Permit No. 2028-93RESOLUTION NO. 8317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE OVERRULING THE RECOMMEND- ATION OF THE ZONING ADMINISTRATOR OF THE CITY OF ORANGE AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW SALE OF BEER AND WINE WITHIN THE SALES AREA OF AN EXISTING AUTO- MOBILE SERVICE STATION UPON PROPERTY SITUATED AT THE SOUTHEAST CORNER OF TUSTIN STREET AND HEIM AVENUE. CONDITIONAL USE PERMIT 2028- 93 APPLICANT: TAIT' ASSOCIATES RECITALS:After report thereon by the Zoning Administrator and after due public hearings as required by law, and after receiving an appeal from the Zoning Administrator's action to deny Conditional Use Permit 2028-93 to allow sale of beer and wine within the sales area of an existing automobile service station upon property situated at the southeast corner of Tustin street and Heim Avenue, the City Council considered Conditional Use Permit 2028-93 and determined that the recommendation of the Zoning Administrator should be overruled and Conditional Use Permit 2028-93 be granted. Subject property is more particularly described in Exhibit " A" which is attached.During the public hearing, the City Council found the facts as follows:1. The applicant is proposing to sell beer and wine within the retail sales area of an existing automotive service station.2. Orange Municipal Code Section 17.80. 030.B authorizes the Zoning Administrator to hold an initial public hearing to consider Conditional Use Permit applications to allow the off-sale of beer and wine in conjunction with the sale of motor fuel in the C-TR (Commercial - Tustin Redevelopment District) zone,with final review and determination by the city Council.3. The subject property is zoned C-TR (Commercial - Tustin Redevelopment District), and the General Plan Land Use Designation is General Commercial.4. The surrounding properties to the north, south, and west are developed with commercial businesses also zoned C-TR. The property to the east is developed with a 72 unit residential condominium complex zoned R-3-A (Residential - Multiple Family District - single story Overlay). A 72 ft. wide parking lot and driveway access area exists between the service station and the condominium complex.5. Tustin Street is designated by the City's Master Plan of Streets and Highways as an to its ultimate planned right-of-way width of 100 ft. with 3 travel lanes in each direction. The section of Heim Avenue west of Tustin street is a Secondary Arterial constructed to its ultimate planned right-of-way width of 80 feet. The east bound section of Heim Avenue east of Tustin street is a 60 ft. wide local street which dead-ends at the condominium complex. This intersection has also been identified as a "critical Intersection".6. Orange Municipal Code section 17. 92.020 sets forth the following criteria for consideration of Conditional Use Permits:A. A conditional use permit should be granted upon sound principles of land use and in response to services required by the community.B. A conditional use permit should not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.C. 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 to be located.D. A conditional use permit, if granted, should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.7. This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section 15301.NOW, THEREFORE, BE ZT RESOLVED by the City Council of the city of Orange that Conditional Use Permit 2028-93 be granted for the following reason:1. The proposal is consistent with sound principles of land use and is granted subject to conditions necessary to preserve the general welfare.BE ZT FURTHER RESOLVED that Conditional Use Permit 2028-93 be granted subject to the following conditions:1. Compliance with all Department of Alcoholic Beverage Control requirements.2. No beer or wine shall be displayed within five feet of the cash register or the front door.3. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.4. No sale of alcoholic beverage shall be made from a r--_ u 5. No sale of alcoholic beverages shall be made from an ice tub. 6. No advertising for beer or wine shall be visible outside the building. 7. 2:00 wine. Employees on duty between the hours of 10:00 p.m. and a.m. shall be at least 21 years of age to sell beer and 8. All containers of alcoholic beverages that are displayed for sale shall be secured against public access between the hours of 1:00 a.m. and 6:00 a.m. Secured refrigerator compartments must have interior compartment separators to prevent access from neighboring non- locking doors or compartments. (The refrigerator housing alcoholic beverages shall be inspected for compliance with this section prior to sale of any alcoholic beverages).9. The activity of the business shall be monitored by the Crime Prevention Bureau to establish the level of police services used for the business. 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 review for a revocation process.10. All structural improvements shall comply with the requirements of Municipal Code - Chapter 15.52 (Building Security Standards), which relates to use of security hardware, doors, windows, and lighting (Ord. 7-79). ( An Approved products list 5/93" is available).11. Amusement devices (Arcades) inside the premise are prohibited.12. The sale of individual bottles or cans of alcoholic beverages or any amount that is less than the originally packaged amount (i.e. a case or a 6-pack) is prohibited.13. The conditional use permit shall be valid and effective for a period of one year from the date of approval unless it is sooner revoked pursuant to provisions of section 17.92.140 of the Orange Municipal Code.14. Maximum size of the display case or cooler for alcoholic beverages shall not exceed three feet wide, four tiers, and 26 inches deep.15. The storage area for alcoholic beverages shall not be visible or accessible to the public and shall not exceed an area of 35 square feet.16. No wine or distilled spirits shall be sold in containers less than 750 mI. No wine shall be sold with an alcoholic content greater than 15 percent by volume.3-Reso 17. Signage shall be posted prominently advising all patrons to exit with due regard for the neighborhood, advising that on-site consumption is prohibited, prohibiting loitering, advising that Thrifty will cooperate with law enforcement with regard to any violations on the premises.Thrifty shall post signage regarding the age limit for the purchase of alcoholic beverages and advising against drinking and driving.18. Thrifty shall preclude attraction of minors and others by precluding public telephones and precluding the maintenance of any large candy counter at the entry to the premises.19. Appropriate security illumination shall be installed on-site.ADOPTED this 8th th day of March 1994. GENE BEYER Mayor of the City of Orange 0, Y By ayor p tern Orange ATTEST:I hereby certify that the foregoing regularly adopted by the City Council of regular meeting thereof held on the 8th by the following vote:Resolution was duly and the city of Orange at a th of March, 1994, AYES: NOES: ABSENT: ABSTAIN:COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: MAYOR BEYER Cit~~~~~ thRi~:::Reso No. 8317 4-SSH: dg U____] ExmBIT "A" THAT PORTION OF LOT 404 OF THE R.B. TAYLOR TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 61 AND 62 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND: THE NORTHERLY 165.00 FEET OF THE WESTERLY 178.00 FEET, BEING MEASURED ALONG THE CENTER LINES OF THE COUNTY ROADS, 60.00 FEET WIDE, ADJOINING SAID LOT LINES ON THE WEST AND NORTH, AS SHOWN ON THE MAP OF SAID TRACT. EXCEPT THEREFROM THE LANDS DESCRIBED AS PARCELS 1 AND 2 IN THE DEED TO THE CITY OF ORANGE RECORDED SEPTEMBER 23, 1969 IN BOOK 9087, PAGE 167 OF OFFICIAL RECORDS.