ORD-02-89 AMENDS VARIOUS PROVISIONS OF TITLE 17 OF THE OMC TO ALLOW THE SALE OF BEER AND WINE ON SITES THAT DISOENSE MOTOR FUEL IN THE C-P C-1 C-2 C-TR AND C-3 DISTRICTSORDINANCE NO. 2-
89 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE 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-
I (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
1-
WHEREAS, this Ordinance
No. 1-89 incorporates exactly those provisions of
Ordinance Amendment 6-88 approved by the Council on November
15, 1988.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: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
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.
Section II:
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.
ORDINANCE NO. 2-89
u__.._------------lL-_~u.......__~uu__ ______
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 I) 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.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: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.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.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-1, 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:I. 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 1 above.D. Anyon sale license not associates with
a restaurant as defined by the Department of Alcoholic
Beverage Control shall be
permitted as follows:I. 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-Ietter:Section B
to read
Section A.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
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 motor
vehicle fuel.
section VII: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 the
Orange City News, 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 ORDINANCE NO.
l!.....-~.-'---_~__~___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 17th
day of Januarv , 1989.MaY~f~ge-
ATTEST:1l'dAA"
T -
Be CI?~4.-?/C1ty Cle of ~ity
of Orange STATE OF CALIFORNIA )COUNTY
OF ORANGE )CITY
OF ORANGE )I,
MARILYN J. 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 lOth day of
Januarv , 1989, and thereafter at the regular meeting of said
City Council duly held on the 17th day of Janllarv , 1989, was
duly passed and adopted by the following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER,
BARRERA, MAYOR SMITH, COONTZ NOES:COUNCIL MEMBERS: BEYER
ABSENT:COUNCIL MEMBERS: -"NONE
1n~~~C1ty Cler ft
C'
of Orange 7-ORDINANCE NO. 2-89