ORD-03-82 URGENCY MEASURE RESCINDING AUTH TO GRANT PERMITS FOR ALCOHOL SALES AT GAS STATIONSORDINANCE NO. 3-
82 AN INTERIM ORDINANCE OF THE CITY COUNCIL OFTHECITYOFORANGEADOPTEDASANURGENCY
MEASURE RESCINDING AUTHORITY TO GRANT CONDITIONALUSEPERMITSFORTHESALEOFALCOHOLICBEVERAGESONTHESAMEPREMISESvVHEREMOTORVEHICLEFUELISOFFEREDFORSALEFOR120DAYS, IN ADDITION
TO THE 120 DAYS PROVIDED IN ORDINANCE NO.
31-81.WHEREAS, on September 22, 1981, the CityCounciladoptedOrdinanceNo. 31-81 as an
urgency measure; and WHEREAS, By adoption of said ordinance, the City Council intended that the authority to grant ConditionalUsePermitsforthesaleofalcoholicbeveragesonthesamepremiseswheremotorvehiclefuelisofferedforsaleshallberescindeduntilsuchtimeasthestaffandthePlanningCommissionhashadareasonableopportunitytostudytheproblemandtoholdpublichearingsandtheCityCouncilcouldadoptsuch
appropriate additional measures as may be
nece ssary; and WHEREAS, said study of the problem andpublichearingshavenotbeencompleted; that is to say, the publichearingonsaidmatterisscheduledbeforethePlanning CommissiononFebruaryl,1982, and will not be heard by the CityCouncilforapproximatelythreeorfourweeksafteractionbythe
Planning Commission; and WHEREAS, an additional period of 120 days isneededtoprovidetimetocompletethestudy, to hold therequiredpublichearingsandtotakesuchactionastheCityCouncilmay
determine
to be necessary.THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS
FOLLOHS:Section I:The City Council hereby ordains that no
application shall be received nor Conditional Use Permits granted for
the sale of alcoholic beverages on the same premises wheremotorvehiclefuelisofferedforsaleforaperiodof120daysoruntilapermanentordinanceonthismatterhasbeenenactedandbecomelegallyeffective, whichever event
occurs fir
st.Section II:The reasons for the urgency of this Ordinance
are as follows:The staff and City Council continue to be
uncertain that the present method of controllinq the sale
of alcoholic beverages on the same premises where motor vehicle fuel
is offered for sale through the Conditional Use Permit
procedure is adequate.There is considerable concern that there may
be no cost effective way in which the City can
provide surveillance to ensure compliance with the conditions
imposed for such Conditional Use Permits. If the conditions
obeyed,
then there could be more intoxicated drivers upon the publicstreets. This, of course, would be to the detriment of thepUblichealth, safety and welfare.The
City Council desires that there shall be additional time forthestaffandthePlanningCommissiontostudythematterandtoholdpublichearings. The City Council can then determinewhetherthepresentConditionalUsePermitprocedureisadequate, implement a more adequate procedure or prohibit anyadditionalplacesofsaleofalcoholicbeveragesonthesamepremiseswheremotorvehiclefuelisofferedforsale.Therefore,
pursuant to Section 65858 of the California GovernmentCode, the City Council of the City of Orange hereby enactsthisinterimordinanceasanurgencymeasureinordertoprotectthepublichealth, safety and welfare during the deliberationandpublichearingsonthequestionoftheenactment ofapermanentzoningordinanceregulatingthemattercontainedherein.Section
II I :This
ordinance shall be published once within fifteen (15)daysafteritspassageintheOrangeCityNewsIanewspaperofgeneralcirculation, published and circulated in the City of Orange,
and shall take effect thirty (30) days from and after the dateofitsfinalpassage.ADOPTED
this 26th day of 1982 .Attest:
1h~~"
L,t:P.-J ~ ~City
Clerk f the i ty f Orange STATE
OF CALIFORNIA )COUNTY
OF ORANGE )CITY
OF ORANGE )I, ~~
RILYN J. JENSEN, City Clerk of the City of Orange,California, DO HEREBY CERTIFY that the foregoing Ordinance No.3-82 was regularly introduced, reading in full was vl7aived, was
read by Title, was passed and adopted at a regular meeting of theCityCouncil, City of Orange, California, held on the 26th day ofJanuary, 1982 by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNC IL~1.EN :
COUNCILMEN:
COUNCILMEN:
Barrera, Smith, Mayor Beam, Perez, Beyer
None
None
Witness my hand and seal this 27th day of Januaru 1982.
@;
11~fI~arilyn
J Jens ,City
Clerk of the City of Orange 2-
NGE
CITY NEWS: Please publish WEDNESDAY, February 3, 1982 and send PROOF and PROOF
OF PUBLI CATION to City Clerk, 300 E. Chapman Avenue, Orange, CA. 92666 Marilyn
J. Jensen, City Clerk----------LEGAL NOTICE ORDINANCE
NO. 3-
82 INTERIM ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN URGENCY URE RESCINDING
AUTHORITY TO GRANT CONDITIONAL USE PERMITS Fo.R'THE SALE OF ALCOHOLIC ERAGES ON
THE SAME PREMISES WHERE MOTOR VEHICLE FUEL IS OFFERED FOR SALE FOR 120 S, IN
ADDITION TO THE 120 DAYS PROVIDED IN ORDINANCE NO. 31-81."Original
6:
n:'~-file::'in the City Clerk's. Office)II _. _ ._.""'......."A'_.." _. .
PSIS:i:;':
k<....~rp-: ~-'.~. ~.~...~This
ordinance ._
c~
ntinue~ action taken
in Ordinance No. 31-81 to give staff and the Planning- Commission time"
to study this course of action and to hold public hearings on the
enactment of a permanent zoning ordinance.PTED by the City Comlcil
of the City of Orange at a regular meeting held January 26, 1982, by the
following vote:AYES: Barrera, Smith, Mayor Beam,
Perez, Beyer.CITY OF ORANGE Marilyn J.
Jensen, City Clerk
ffiererore, It would be inequitable
to collect sa~d tee for that POrtion of the relocation in
Exhibit "A" requested by subdivider and deemed to be in
the public interest by CitYi and