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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 2026-93 be granted to allow sale of
beer and wine upon property situated at the northeast corner of
Tustin street and Briardale Avenue, the City Council
considered Conditional Use Permit 2026-93 and determined
that the recommendation of the Zoning Administrator should be
upheld and Conditional Use Permit 2026-93 be granted.
Subject property is more particularly
described as follows:The south 190.00 feet of the west
200.00 feet of Lot "F" of the Bush and
Watson Tract, in the City of Orange, County of
Orange, state of California, as shown on a map
of survey made by Knox and Rumble
in September, 1871.EXCEPT the west 30.00 feet of said
west 200.00 feet, as granted to the County of
Orange by deed recorded May 17, 1920, in Book 360, Page
79 of deeds,Also EXCEPT that portion thereof as
granted to the city of Orange, by deed recorded
November 5, 1964,in Book 7290, Page
283, official records.Said Land is shown on a map filed in
Book 78, Page 47 of Record of Surveys, in the
Office of
said County Recorder.During the public hearing, the City Council
found the
facts as follows:The existing service station was approved
by the city Planning Commission on September 9, 1982.
An "idle" service station was demolished to make way for the
new Texaco station,which includes an automatic car wash and
approximately 1,200 square feet of retail space. The staff
reported that no alcoholic beverages would be sold from the new
retail space. At that time, Orange Municipal Code prohibited "the
sale or delivery of any alcoholic beverage on the same premise where
motor fuel is offered for sale" [former O.M.C. Sec. 17.80.
020, subsection A,and O.M.C. Sec. 17.88.
On July 22, 1987, the state's Business and Professions Code
was amended so as to render invalid any city ordinance that
prohibits concurrent retail sales of motor vehicle fuels and beer
and wine, upon any property where the sale of these products
would otherwise be permitted on individual sites under the same
zoning classification. The same legislation also provided that a
city may require a conditional use permit for the combined retail
sales of motor vehicle fuels and alcoholic beverages.
On January 10, 1989, Orange Municipal Code Chapter 17.80,
Alcoholic Beverage Control, was amended (Ord. Amndt" 6-88)
to provide for the concurrent sales of motor vehicle fuels, beer
and wine, subject to the City Council's review and approval of
a conditional use permit, upon initial review by the City'S
Zoning
Administrator.The state law (and O"M.C. Section 17.92.020) sets forth
the following criteria for the consideration of a conditional
use permit
application:1) A conditional use permit should be granted upon
sound principles of land use and in response to services
required by the
community.2) 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.3) A conditional use permit must be considered in
relationship to its effect on the community or neighborhood plans
for which the area is
located.4) 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.Additionally, the Zoning Administrator and City Council
must consider whether this proposal will result in an
undue concentration of premises for the sale of alcoholic beverages
in the City, or with the immediate vicinity. The effect upon
nearby residentially zoned districts must also be considered, in
regard to hours of operation and proximity to: (1)
residential buildings: (2) churches, schools, hospitals, public
playgrounds,and any similar use; and (3) other establishments that
dispense alcoholic beverages [O.M.C. Sec. 17.80.
040].Finally, the state suggested six minimal standards
that might be applied to establishments that sell motor vehicle
fuels,beer and wine, which were adopted within Ordinance
Amendment 6-
88, and NOW, TlIBREPORE, BB IT RESOLVED by the City Council
of the city of Orange that Conditional Use Permit
1960-92 and Administrative Adjustment 92-9 be
granted
for the following reasons:
1. This permit will not cause deterioration of bordering land
uses because the use is completely surrounded by commercial
and industrial uses which border on primary arterials;
2. This permit should not create special problems because of
the strict conditions imposed by both the city and the
A.B.C. along with the applicant's corporate training
programs;
3. The approval of this permit would allow for six off sale
licenses within 1/2 mile of an intense commercial area;
BB XT FURTHBR RESOLVED that Conditional Use Permit 2026-
93 be granted subject to the following
conditions:1. No beer or wine shall be displayed within five feet of
the cash register or the front
door.2. No display or sale of beer or wine shall be made from an
ice
tub.3. No advertisement of alcoholic beverages shall be
displayed at fuel pump
islands.4. No advertising for beer or wine shall be visible outside
the
building.5. No sale of alcoholic beverages shall be made from a
drive-
in window.6. 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.7. All containers of alcoholic beverages that are
available for sale shall be secured (locked-down)
against public access between the hours of 8:00 P.M. and 6:00
A.M. Secured refrigerator compartments must have
internal dividers to prevent access from any adjacent
unlocked doors or compartments. There shall be no sale
of alcoholic beverages between the hours of 2:00 A.M. and 6:
00 A.M.8. The sale of individual bottles or
cans of alcoholic beverages, or any amount that is less
than the originally packaged amounts, such as a case or
a
six-pack, is prohibited.9. All structural components shall
comply with the requirements of O.M.C. Chapter 15.
52, Building Security Standards,related to the use of
security hardware, doors, windows,lighting, and
refrigerator cabinets. Refrigerators wherein alcoholic beverages are stored
shall be inspected for compliance before the A.B.
C. license is issued.10. Amusement devices (video
games, arcades, etc.) are
prohibited upon the premises.
11. The demand for police services shall be monitored by the
City's Crime Prevention Bureau. An increased level of
service may compel the Police Department to refer
Conditional Use Permit 2026-93 to the City Council
for
revocation.ADOPTED this 12th day of October,
1993
ATTEST:0Y7d~<1'/~~ Qf!~City Clerk the5ity
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 12th of october, 1993, by
the following
vote:
AYES:
NOES:
ABSENT:COUNCIL MEMBERS: SPURGEON. COONTZ,
MURPHY COUNCIL MEMBERS: MAYOR
BEYER COUNCIL MEMBERS:
BARRERA d~ Qc:;
e;%#~ci y Cle oftlh"'e Qlty of
Orange Reso No. 8247 4-SSH: