ORD-01-89 URGENCY MEASURE AMENDING VARIOUS PROVISIONS OF TITLE 17 OF THE OMC TO ALLOW THE SALE OF BEER AND WINE ON SITES THAT DISPERSE MOTOR FUEL IN THE C-P C-1 C-2 C-TR C-3 DISTRICTSORDINANCE NO. 1-
89 AN INTERIM ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ORANGE
ADOPTED AS AN URGENCY MEASURE AMENDING
VARIOUS PROVISIONS OF TITLE 17 OF THE
ORANGE MUNICIPAL CODE TO ALLOW THE SALE
OF BEER AND WINE ON SITES THAT
DISPENSE MOTOR FUEL IN THE C-
P (COMMERCIAL PROFESSIONAL), C-
l (LIMITED BUSINESS),C-
2 (GENERAL BUSINESS),
C-TR COMMERCIAL-
TUSTIN REDEVELOPMENT) AND
C-3 (COMMERCIAL) DISTRICTS.ORDINANCE AMENDMENT 6-88 WHEREAS,
section 23790 of the Business and Professions Code provides that
after January 1, 1989, any city ordinance adopted prior to May 5, 1987 shall
have no legal effect if it prohibits the concurrent retailing of
motor vehicle fuel with beer and wine in zoning districts
where the zoning ordinance allows beer and wine for Off-
premise consumption and motor
vehicle fuel to be retailed on separate sites; and WHEREAS,
the new law also provides that a Conditional Use Permit may
be required by local governments with the decision based on
necessary
findings required to approve a Conditional Use Permit;and
WHEREAS, the proposed City regulations would permit the sale of beer and
wine at locations dispensing motor fuel in the C-P,C-l,
C-2, C-TR, and C-3 zones subject
to approval of a Conditional Use
Permit; also, the proposed regulations would permanently adopt the
State's temporary standards; and WHEREAS, by requiring a
Conditional Use Permit the City retains control over
locations, hours of operation and other important development
criteria; also, the Conditional Use Permit process ensures the notification
of surrounding property owners,opportunity for public
input, and ability to add conditions of approval to
any and all request; and WHEREAS, the City's Zoning Administrator will
review all requests for Conditional Use Permits or
sale of beer and wine at locations dispensing motor
fuel since
all alcohol related Conditional Use Permits are presently handled by
the Zoning Administrator; and WHEREAS, on November 15,
1988, the city Council, after a dUly-noticed public hearing,
approved Ordinance Amendment 6-88
WHEREAS, this Ordinance No. 1-89 incorporates exactly
those provisions of Ordinance Amendment 6-88 approved by the
Council on November 15,
1988; and WHEREAS, this Ordinance is adopted as an
urgency measure because, through inadvertence, the ordinance was not
adopted to become effective by January 1, 1989 as the Council
intended and failure to adopt this Ordinance as an urgency measure
could be adverse to the public health, safety and welfare of the
citizens of Orange because there would not be adequate safeguards
over the locations, hours of operation and other development
criteria which there would be with the implementation of the
Conditional Use
Permit process.NOW, THEREFORE, the city Council of the City of
Orange does ordain
as follows:
Section I:Amend Section 17.40.040 of Chapter 17.40 of
the Orange Municipal Code
as follows:Section 17.
40.
040 Insert:E. Automobile service stations where any of
the following exists and subject to the provisions of 17.88.
030 D:I. Located closer than two hundred feet (200)
to any R"
classified property.2. Remodel or reopen an idle service station
as defined in Section 17.
04.100.3. Convert any substantial portion of an active
or idle
service station.4. Any original off sale beer or beer and
wine license in conjunction with the sale of
motor
fuel.Re-Ietter:F. Any other professional or commercial
enterprise which is similar in character to, and not more
detrimental to the welfare of adjacent uses than any use
enumerated
in this section.ORDINANCE
SectionII:Amend sections
17.42.
030 and 17.42.040 to read as follows:Section 17.42.030
Delete:D. Automobile service
stations
in accordance with Chapter 17.88.Re-Ietter:
D. Restaurants
not
covered by section 17.42.040A.E. Signs in
accordance with Chapter 17.78, including temporary advertising signs.
F. Establishments with
three or less amusement devices upon the premises with
no external advertising of amusement devices, and all
amusement devices located within a completely enclosed building with
no devices permitted in any accessory structure. In addition,
all amusement devices are located so as to be
visible at all times by one or more employees of the business.G. The
practice
or business of fortune-telling in compliance with Chapter
5.55 of the Orange Municipal Code.section 17.
42.040 Insert:M.
Automobile
service stations where any of the following exist and
subject to the provisions of 17.88.030 D:1. Located
closer than two hundred feet (200') to any "R"classified property.
2. Remodel
or reopen an idle service station as defined in Section 17.
04.100.3. Convert
any substantial portion of an active or idle service stations.
4. Any
original off-sale beer or beer and wine license in conjunction
with the sale of motor fuel.3-
ORDINANCE NO. 1-89
Section III:Amend Sections 17.43.020, 17.43.030
and 17.
43.130 to read as follows:Section 17.43.020 Delete:D. Auto service stations
in
accordance with section 17.
43.
150.Re-Ietter:sections E, F, and G
to read, D,
E,
and F.section 17.43.030 Insert:M. Automobile service stations
where any of the
following
exist and subject to the provisions of section 17.
88.030-D:1. Located closer than two hundred feet (200')
to any R" classified property.2. Remodel or reopen an
idle service station
as defined in section 17.04.100.3. Convert any
substantial portion of an active
or idle service.4. Any original off-sale beer or
beer
and wine license in conjunction with the sale of motor
fuel.section 17.43.130 Delete B. Use
Control:1. Gasoline sales.
The
sale or delivery
of any alcoholic beverage on the same premise where
motor fuel is offered for sale is not permitted.
Insert B. Use Control:1. Gasoline sales.
The
sale or delivery
of beer and wine on the same premise where motor
fuel is offered for sale shall require the issuance of a
conditional use permit.ORDINANCE NO. 1-89 4-
ll.__._____~._~_____.,.Section
IV:Amend
sections 17.80.010 and 17.80.020 of Chapter 17.80 to read
as follows:section
17.80.010 Insert:
B.
Any original off-sale beer or beer and wine license in
conjunction with the sale of motor fuel in the C-P, C-
l, C-2,C-3 and CTR zones shall be subject
to issuance of a Conditional Use Permit and subject to
the provisions of Orange Municipal Code sections 17.80.010 A-3
a-
e and 17.88.030-D.Re-Ietter:C. Any
original on-sale restaurant license as defined by the
Department
of Alcoholic Beverage Control shall be permitted as follows:1. As
a permitted use subject to the issuance
of a Conditional Use Permit
approved by the Zoning Administrator in the
CP (Commercial-Professional)District, Cl (Limited Business),
C2 (General Business),Ml (Light Manufacturing), and M2 (Industrial) Districts.2.
As a prohibited
use in any district not specified in Subsection I above.
D. Anyon sale license not associates with a restaurant
as defined by the
Department of Alcoholic Beverage Control shall be permitted as follows:1.
As a permitted use subject to the
issuance of a Conditional Use Permit approved
by the zoning Administrator in the C2 (General Business) District.2.
As a prohibited
use in any district
not
specified in Subsection 1 above.Section 17.80.020 Delete:
A. Gasoline sales. The sale or delivery of any alcoholic beverage
on the same premise
where
motor fuel is offered for sale
is not permitted.Re-
section V:
Amend Sections 17.88.020 and 17.88.030 of Chapter 17.88 to
read as follows;
section 17.88.020
Insert:
C. Sale of Alcoholic Beveraaes.
Any original off-sale beer or beer and wine license
in conjunction with the sale of motor fuel in the C-P,
C-l, C-2,C-3, and CTR zones shall be subject
to the issuance of a Conditional Use Permit
and
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 advertisement
of alcoholic beverages shall be
displayed at motor fuel islands.3. No sale of alcoholic beverages
shall be
made from a drive-in window.4. No display or sale of beer or
wine shall
be made from an ice tub.5. 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.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.Section 17.88.030 Delete D. Sale of
Alcoholic Beveraaes. The sale
of alcoholic
beverages is not permitted.section VI:Amend section 17.94.050 of Chapter
9.94 to read
as
follows:Section 17.94.050 Insert:I. Permit for the concurrent
retailing of beer and wine for
off-premises consumption with
l>-__~_..~ ._sectionVII:This
Interim Ordinance
No. 1-89 shall become effective immediately and
shall remain in effect for 120 days unless repealed or modified
by the City Councilor until Ordinance No. 2-89 becomes effective,
whichever event occurring first.Section
VIII:The
facts justifying the enactment of this Ordinance as an urgency
measure are as follows:The
City of orange has for several years prohibited the sale of
alcoholic beverages on the same premises where motor vehicle fuel
is sold. California Business and Professions Code section 23790
declares such prohibition as null and void as of January 1,1989.
The same section provides that a city may adopt a Condi-tional
Use Permit process for approving such applications. In addition
to giving a city control over location, hours of operation and
other important development criteria, the Conditional Use Permit
process ensures the notification of surrounding property owners,
opportunity for public input, and the ability to add conditions
of approval depending upon the specific circumstances of
each application.When
they approved Ordinance Amendment 6-88 on November 15,
1988, the Council intended that the enabling ordinance would be
effective by January 1, 1989. Through inadvertence, it was not.
The City Council has determined that this Ordinance with reasonable
regulation through the Conditional Use Permit process should become
effective at once. Failure to enact this Ordinance as an urgency
measure could be adverse to the public health, safety and welfare
of the citizens of Orange because some persons may attempt to sell
alcoholic beverages on sites where motor vehicle fuel is sold
without adequate controls to protect the public interest. This
Ordinance is adopted under provisions of section 65858 of the
California Government Code.
ADOPTED this lOth day of January 1989.
Mayor of the City of Orange
ATTEST:
9.-, W:4/-UA1C1ty
Cler of ~e c' y of Orange 7-
ORDINANCE NO. 1-89
r
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, city Clerk of the City of Orange,
California, DO HEREBY CERTIFY that the foregoing Ordinance No. 1-
89 was regularly introduced, reading in full was waived, was read
by Title, was passed and adopted at a regular meeting of the
City Council, City of Orange, California held on the 10th day
of January , 1989, by the following vote to
wit:AYES: COUNCIL MEMBERS: STEINER, BARRERA, MAYOR SMITH,
COONTZ NOES: COUNCIL MEMBERS:
BEYER ABSENT: COUNCIL MEMBERS:
NONE ABSTAIN: COUNCIL MEMBERS:
NONE Jf4f'AJfr..; ~~'~-?1~
C1ty Cler of th i of Orange
ORDINANCE NO. 1-89