RES-7968 Granting Conditional Use Permit No. 1928-91RESOLUTION NO. 7968
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 CONVERSION OF AN EXISTING SERVICE
STATION INTO A MINI-MARKET AND TO ALLOW
OFF-SALE OF BEER AND WINE IN CONJUNCTION
WITH THE OPERATION OF A SERVICE
STATION CONDITIONAL USE PERMIT
1928-91 APPLICANT:
ABDEL
AZIZ 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 1928-
91 be granted to allow conversion of an existing service
station into a mini-market and to allow off-sale
of beer and wine in conjunction with the operation
of a service station upon property situated at 4502EastChapmanAvenue, the city Council considered Conditional
Use Permit 1928-91 be granted.During the pUblic
hearing, the City
Council found the facts as follows:1. That the
applicant is proposing to expand an existing mini market within
a service station by converting a customer waiting area
to additional retail sales area. The applicant is also requesting
sale of beer and wine in addition
to the sale of motor fuel.2. That
the service station building is approximately 1700 sq. ft. in size, and
the existing retail area within the building is approximately 300 sq.
ft. in size. The area to be converted is approximately 150
sq. ft. in size, and is currently being used as
a customer waiting area for the incidental
automotive repair business
associated with the service station use.3. That the beer and
wine is strictly "to go" only.Consumption of any
alcoholic beverages is not allowed on premise. The existing business
hours of operation are 5:00 a.m.
to 12:00 p.m. daily.4. That the service station
is located on a corner lot adjacent to the parking lot of a
72,000 sq. ft. retail center to the southeast. Access is provided by driveways along Chapman Avenue and
Hewes Street, and by driveway easements located immediately to
property. There are currently no access easements provided
for the parking spaces at the rear of the building along the
south property line.
5. That the property is zoned C-1(Limited
Business District), and the General Plan Land Use Designation
is General Commercial. Automotive service stations are
allowed by Conditional Use
Permits.section 17.80 of the Orange Municipal Code
allows consideration for the sale of Alcoholic Beverages as
follows:A. Any original off-sale beer, or beer
and wine license in conjunction with the sale of motor
fuel shall be subject to an initial public hearing
before the Zoning Administrator, with final
review and determination by the
city Council.B. In making the findings for a
Conditional Use Permit for the on-sale of alcoholic
beverages, the City Council must consider whether the
proposed use will adversely affect the welfare
of the surrounding community or will result in an
undue concentration of premises for the sale of
alcoholic beverages, including beer and wine, in the City or the
area involved. The city Council must also consider whether
the proposed use will detrimentally affect
nearby residentially zoned districts, after giving consideration
to the proposed hours of operation and the proximity
to the following:
1. Residential buildings 2. Churches,
schools, hospitals, public playgrounds, and
other similar uses.3. Other establishments
dispensing, for sale or other
consideration, alcoholic beverages,including
beer and wine.NOW, THEREFORE, BE IT RESOLVED by the
City Council of the City of Orange that Conditional Use
Permit 1928-91 be granted
for the following reasons:1. The proposed use will not
be detrimental to its surrounding area because there
are no residences immediately adjacent to the property, and
there are no public playgrounds, hospitals, and other
similar uses
in the surrounding area.2. The service station is
located within a large shopping center area which
has adequate on-site traffic circulation and parking,
and therefore will not significantly
impact the adjoining retail
3. Automotive service stations and retail estab-
lishments are compatible with the existing surrounding
commercial uses, and are therefore consistent with the City's
General Plan Land Use Designation of General Commercial.
BE IT FURTHER RESOLVED that Conditional Use Permit 1928-
91 be granted subject to the following conditions:
1. That all Alcoholic Beverage Control requirements
shall be complied with.
2. No beer and wine shall be displayed within 5 feet of
the cash register to 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
drive-in
window.5. No display or sale of beer and wine shall be
made from an ice
tub.6. No beer and wine advertising shall be located
on motor fuel islands and no self illuminated advertising
for beer and wine shall be located on windows of
buildings.
and
and
7.2:
00
wine.Employees on duty between the hours of 10:00 p.
m.a.m. shall be at least 21 years of age to sell
beer 8. A reciprocal parking and access easement with
the property to the southeast of subject property shall
be recorded at the County Recorder's Office. Such
document shall be reviewed and approved by the City Attorney prior
to
recordation.9. A trash enclosure shall be provided on
site.Location of the trash enclosure shall be approved by
the sanitation
engineer.10. All structural improvements shall comply with
the requirements of Orange Municipal Code 15.52 (
Building Security Standards), which relates to use of
security hardware, doors, windows, and lighting (Ord. 7-
79). An Approved Products List - 4/91" may be obtained from
the Crime Prevention
Bureau.11. Address numbers of minimum 8 inches in height
shall be displayed upon the front of the building. Such
address shall be contrasting in color to the background which it
is to be installed, visible to approaching vehicles
along 3-Reso No.
Chapman Avenue, and illuminated by approved security lighting
at night.
12. All containers of alcoholic beverages that are
displayed for sale shall be secured against public access
between the hours of 2:00 a.m. to 6:00 a.m. Lockable
refrigerator doors must have interior compartment separators
to prevent access from the adjacent nonlocking doors (OMC
17.88.020c). The refrigerator housing alcoholic beverages
shall be inspected for compliance with this section prior to
sale or storage of any alcoholic beverages.
13. If not utilized, Conditional Use Permit 1928-91
will expire in two years from the approval
date.ADOPTED
this
1992.10th day of Mrlrr.
h ATTEST:C+
r.!t<'
f2c~,~Ci1: ~~"r{'lrk)tV~
1Pdnge 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 10th
of March , 1992, by the following
vote:
AYES:
NOES:
ABSENT:COUNCIL MEMBERS: STEINER. BARRERA. COONTZ.
SPURGEON COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE ABSTAINED:COUNCILMAN:MAYOR
BEYER fi~ !1 ~~
eA /City Clerk f ~ C' Y of
Orange dg 4-Reso No.