HomeMy WebLinkAboutORD-01-95 Amend Sec. 17.42.040 to 17.94.055 Allow Sale of Alcoholic BeveragesORDINANCE NO, 1-
95 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE AMENDING
SECTIONS 17.42.040 (0),17.43.030 (0), 17.43.130 (A), 17.44.040 (
M),17.80.030 (A-D), 17.80,040, 17.92.010, 17,94.
050 AND 17.94.055 OF THE ORANGE
MUNICIPAL CODE RELATING TO THE PROCESSING
OF APPLICATIONS TO ALLOW SALE OF
ALCOHOLIC
BEVERAGES RECITALS:WHEREAS, presently, conditional use permit applications relating to sale
of alcoholic beverages are reviewed by the Planning Commission or Zoning Administrator,
depending upon the nature of the
proposal; and WHEREAS, the City Council desires that the reviewing authority should
be consolidated to one
entity; and WHEREAS, it is felt that the appropriate entity to perform such duties should
be the
Planning Commission.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN
AS FOLLOWS:
Section I:Section 17.42.040(0.) is hereby added to the Orange Municipal Code to read
as follows:0.) Any request for the on-sale and/or off-sale of
alcoholic beverages in conjunction with a restaurant, retail store or sale
of motor
vehicle fuel.Section II:Section 17.43.030(0.) of the Orange Municipal Code is hereby amended
to read as follows:0.) Any request for the on-sale
or off-
sale ofalcoholic beverages.Section ill:Section 17.43.130 of the Orange Municipal Code is
herebyamended to read as follows:
A. Conditional Use Permit Required. Any original on-sale or off-sale alcohol
license as defined by the Department of Alcoholic Beverage Control shall be permitted, subject
to the issuance of a conditional use permit approved by the
Planning Commission..B.
Use Controls.1. Gasoline sales. The sale or delivery of beer and wine on the
same premises where motor fuel is offered for sale shall require the issuance of a conditional
use permit by the
City Council.2. The sale or delivery of any alcoholic beverage on the same premises
where any drive-in dairy or any other drive-in operation is
conducted is not permitted.C. Upgrading Licenses. Any upgrading of existing licenses
to a more restrictive license shall
be regulated as follows:I. A change from an On-Sale Beer permit in a restaurant
to an On-Sale Beer and Wine permit in a restaurant shall not require the
issuance of a conditional use permit.2. A change from either an On-Sale Beer
permit in a restaurant or an On-Sale Beer and Wine permit in a restaurant to an
On-Sale General permit in a restaurant shall
require the issuance of a new conditional use permit.3. A license associated with
a non-conforming use may be transferred
to a
new owner but it may not be upgraded.Section IV.Section 17.44.040 (M.) is hereby
added to the Orange Municipal Code to read as follows:M).
Any request
for the on-sale or off-sale of alcoholic beverages.Section V.Section 17.80.030, subsections
A., B., C., and D. are hereby amended to read as follows:A. Any original
off-sale alcohol license when not in conjunction with the sale of
motor fuel in the C..P (Commercial-Professional), C-I (Limited Commercial), C-
2 (General Business),C-3 (Comme,rcial) and C- TR (Limited Business, Tustin Redevelopment)
zones. The Planning Commission shall make final determination unless the application is appealed to the City
Council.B. Any original off-sale beer, or beer and wine license, in conjunction with the sale of
motor fuel in the C-P, C-1, C-2, C-3, and C-TR zones in accordance with
Sections 17.80.030-E.I-4 and 17.88.020-C.I-7
of
C. Any original on-sale restaurant license in the C-P, C-I, C-2, C-
3, C-TR, M-l, and M-2 zone:s. The Planning Commission shall
make final determination unless
the application is appealed to the City Council D. Any original on-sale license not associated
with a restaurant in the C-2, C-3 and C-TR zones.
The Planning Commission shall
make final
determination unless the application is appealed to the City Council.Section VI:Section 17.
80.040 of the Orange Municipal Code is hereby amended as follows:17.80.040 Findings. In
making the findings for a conditional use permit (as required by Section 17.92.020.A)
for the on-sale and off-sale of alcoholic beverages, the City Councilor Planning
Commission shall 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 or Planning Commission, shall also consider whether the proposed use will detrimentally
affect nearly 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.Section VII:Section 17.92.
010 N. shall be added to the Orange Municipal Code to read as follows:N. Any original
off-sale beer, or beer and wine license, in conjunction with the sale of motor fuel
ill the
C-P, C-I, C-2, C-3 and C-TR zones in accordance with Chapter
17.80.Section VIII:Section 17.94.050 of the Orange Municipal Code
is hereby amended to read as follows:17.94.050 Applications for Certain Conditional Use
Permits. The Zoning Adlninistrator shall have the authority to determine the following conditional use
permits subject to the criteria set forth
in Chapter 17.92. The following conditional use permits may be approved, conditionally approved,
or denied by
the
B. Application for permit to move any existing structure or building onto a building site
from another location or building site;
C. Permits for the establishment of mobile homes as a residence for a caretaker,
custodian, or guard at those certain recreational, equestrian, industrial, institutional and
eleemosynary locations more particularly described in Sections 17.46.040 K, 17.52.040 (20), and
17.92.010 I.
D. P,~rmits for the conversion of a residential building to a non-residential use,
within zones permitting such
use.E. Permits to convert any substantial portion of asel"\~ce station to another use
as required in Section 17.88.
020.F. Pl:rmits to allow amusement devices in appropriate zones as prescribed. (Ords.
45-
83;20-82)G. Permit for large family day care homes subject to special criteria
and procedures set forthin Section 17.10.040 Subsection
G. (Ord. 25-84)H. Permits for Collection Facilities or Processing Facilities subject to
standard setforth in Section 17.
42.040
Subsection M.Section IX:Section 17.94.055 of the Orange Municipal
Code is
hereby deleted.Section X:A summary of this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in
a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk
shall post in the Office of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30)
days from and after the date
of its final passage.Adopted this 24th
day of January
1995.
ATTEST:
1nt?t/r~~
r)~ ~#7/
City Clerk 0 the C' Qfbrange
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN 1. JENSEN, City Clerk of the City of Orange, California, do hereby
certifY that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the 10th day of January, 1995. and thereafter at the regular meeting of said
City Council duly held on the ~4th day of January, 1995, was duly passed and
adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON,SLATER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ry'U Q- ~Jt/
City Clerk of t City of'Or4ltlge
SSH:dg Ord No. 1-
95