RES-8337 Granting Conditional Use Permit No. 2048-94RESOLUTION NO. 8337
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE RECOMMENDATION
OF THE ZONING ADMINISTRATOR OF THE CITY OF
ORANGE AND GRANTING A CONDITIONAL USE PERMIT
TO ALLOW THE OFF-SALE OF BEER AND WINE
IN CONJUNCTION WITH THE SALE OF MOTOR FUEL
UPON PROPERTY SITUATED AT 1234 N. MAIN
STREET.CONDITIONAL USE PERMIT NO.
2048-94.GRADY HANSHAW AND
BOB
HANCOCK 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 No.
2048-94 be granted to allow the off-sale of beer
and wine (sold within containers and consumed off the
site) in conjunction with the sale of motor fuel upon
property situated at the southwest corner of Katella Avenue
and Main street, more particularly described as 1234 N.
Main Street, the City Council considered Conditional Use
Permit No. 2048-94 and determined that
the recommendation of the Zoning Administrator should be
upheld and Conditional Use
Permit No. 2048-94 be granted.During the public
hearing, the City
Council found the facts as follows:1. The applicant is
requesting a conditional use permit to allow the off-sale
of beer and wine in conjunction with the sale of
motor fuel. The proposal includes the sale of beer and
wine for off-site consumption from a mini market which is
part of a car wash and service station that
is now under construction. The subject site is located
at the
southwest corner of Katella Avenue and Main Street.2. The applicant
has indicated that the mini
market may be open 24
hours every day.units where the
beer and
will be locked
from 2:00 State requirements.
However, the refrigerator wine is displayed for sale a.m.
to 6:00 a.m. per city and
3. The Zoning Administrator recommends approval of the proposal
because the project design and the applicant's
proposed operation conform to the City'S Zoning
Ordinance regulations regarding the sale of beer and wine
HOW, THEREFORE, BE IT RESOLVED by the City Council of
the city of Orange that Conditional Use Permit No. 2048-
94 be granted for the following
reasons:1. That this conditional use permit is granted upon
sound principles of land use and in response to
services required by the
community.2. That this conditional use permit will not
cause deterioration of bordering land uses or create
special problems for the area in which it is
located.3. That this conditional use permit is granted subject
to those conditions necessary to preserve the
general welfare, not the individual welfare of any
particular
applicant.BE IT FURTHER RESOLVED that conditional Use
Permit No. 2048-94 be granted subject to the
following conditions:1. The display of beer and wine for sale
shall be restricted to the five refrigerator
lockers as indicated on the approved site plan that is
on file with the Department of
Community Development.2. 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 MAY BE PURCHASED ON
THIS PREMISES ONLY IN QUANTITIES OF A FOUR PACK
OR MORE"3. The activity of the business shall be monitored
by the Crime Prevention Bureau to establish the
level of police services required 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 the zoning Administrator and City council
for
possible revocation.4. If not utilized, Conditional Use Permit
2048-94 shall expire two years from date
of final approval.5. No beer or wine shall be displayed within
five feet of the cash register or
6. No advertisement of alcoholic beverages shall be
displayed at motor fuel islands.
7. No sale of alcoholic beverages shall be made from a
drive-in
window.8. No display or sale of beer or wine shall be made
from an ice
tub.9. No beer or wine advertising shall be located on
motor fuel islands and no advertising for beer or wine
shall be visible outside the
building.10. Employees on duty between the hours of 10:00 p.m.
and 2:00 a.m. shall be at least 21 years of age to
sell beer and
wine.11. 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-locking doors
or compartments.12. The sale of alcoholic beverages shall not
be promoted by means of exterior display of
signs, posters,pictures or products or by visibility from
the exterior of any
such display.13. The City shall review an approved
conditional use permit after six (6) months of operation
to determine if the retail sales of alcoholic beverages at,
or on,the premises are, and continue to be,
an insignificant portion to total retail sales, and to determine
if such use
should continue.14. At any time the license is sold or
possession is transferred to a person, firm or entity other
than the applicant to which the conditional use
permit was issued, the City shall review the operations of
the new owner or operator to insure the original
conditions of approval are
complied with.15. The applicant shall execute an agreement with
the City to give written notice to the City at any
time the license is sold or otherwise transferred
to another person, firm or entity other than
the applicant.Moreover, the applicant shall further agree
that the City may record such agreement with the
Orange
ADOPTED this ?4th day of M"y
1994.
GENE BEYER
MaY~ the city of orange
By: 'l~h('
M or Pro T m
ATTEST:
A.M~~ 9 J?-if/ASl./<#./
Cl.ty Cler of tlU( C' of Orange
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 24th day of
May , 1994, by the following vote:
AYES: COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY
NOES: COUNCIL MEMBERS: MAYOR BEYER
ABSENT: COUNCIL MEMBERS: NONE
AA<~~~W~City Clerk t ci of Orange
Reso 8337 SSH:mmr