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SR - CUP-2923-13 - ALCOHOLIC BEVERAGE CONTROL LICENSE 1405 WEST CHAPMAN AVENUE4 ....F• ORw Ty 0 AGENDA ITEM September 9, 2014 TO: Honorable Mayor and Members of the City Council THRU: John W. Sibley City Manager FROM: Rick Otto, Interim Con Development Dire r ReviewedNeri6ed By: City Manager Finance Directo To Be Presented Rick Otto Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Crates X Public Hrgs Admin Reports Plan /Environ 1. SUBJECT CONDITIONAL USE PERMIT 2923 -13 — ABC TYPE 20 LICENSE FOR ORANGE CAR WASH, LOCATED AT 1405 WEST CHAPMAN AVENUE 2. SUMMARY The applicant is requesting an Alcoholic Beverage Control (ABC) Type 20 (Off -Sale Beer and Wine — Package Store) License for an existing convenience market of a service station/car wash establishment, allowing the sale of beer and wine for consumption off -site. 3. RECOMMENDED ACTION The Planning Commission recommends that the City Council adopt the Resolution No. 10816 — approving Conditional Use Permit No. 2923 -13. 4. FISCAL IMPACT None. Development and permit fees offset the costs of the project implementation and provision of services to the processing of the subject application and the provisions contained in the proposed conditions of approval. 5. STRATEGIC PLAN GOAL(S) Goal: Provide for a safe community. Strategy — Assure the development of the City occurs in a fashion that maximizes public safety. Goal: Be a fiscally healthy community. ITEM /// 1 09/09/14 6. GENERAL PLAN IMPLEMENTATION LAND USE GOAL 3.0 Create commercial uses that provide a solid economic base and employment opportunities and identify Orange as an attractive and diverse shopping destination. Policy 3.2 — Actively promote the City as a place to shop and conduct business, and encourage local patronage of Orange businesses. 7. DISCUSSION and BACKGROUND Proposal — The applicant, Orange Car Wash, located at 1405 W. Chapman Ave., is requesting to add an ABC Type 20 (Off -Sale Beer & Wine — Package Store) License for the sale of beer and wine for consumption away from the premises of the establishment. According to the Department of Alcoholic Beverage Control this type of license is normally issued to retail establishments to be able to sell beer and wine as a convenience to other packaged items. The subject site is a Chevron brand service station with an existing convenience market /office /restroom building that also has a car wash tunnel. The property was developed and established with these uses in the late 1960's. All operating conditions related to those uses of the property would remain in effect and will not change with this permit. The service station is open 24 hours; however, the request to sell beer and wine would be limited to the hours between 6:00 AM and 2:00 AM, seven days a week. Display of beer and wine is proposed within a refrigerated cooler and shelving located towards the back of the convenience market, away from direct visibility of the main entrance. Although separated from this area, the existing cashier location is in a position to view the alcohol display area and the building entrance in order to monitor patrons. According to the submitted floor plans, the alcohol display area within the cooler is approximately ten square feet of floor area, and the non - refrigerated shelving takes up another eight square feet of floor space. Combined, this represents about two - percent of the square footage of the convenience market portion of the floor area within the existing building. Applicable Regulations — OMC Section 17.30.030 F. regulates the Sale of Alcoholic Beverages in Conjunction with Motor Fuel, requiring a recommendation by the Planning Commission with a final action by the City Council. On August 4, 2014, the Planning Commission adopted Resolution No. PC 16 -14 recommending the City Council approves the subject request. This Section also subjects these licenses to very specific condition which include; limitation on display and advertising products, limitation on where alcohol is stored and sold from the premises, and minimum age requirements of employees during late evening operating hours. These conditions have all been included in the draft Resolution attached to this report. It should be noted that as ITEM 2 09/09/14 part of our on -going entitlement streamlining efforts, at a later date staff will be recommending having this type of entitlement conclude at the Planning Commission level. This Section of the OMC also requires consideration be given to proximity of other existing establishments and to ensure there will be no adverse impact on sensitive land uses, such as residential buildings, churches, schools, hospitals, public playgrounds, and other similar uses. The OMC does not establish any specific distances from these uses to the establishment. The State Alcoholic Beverage Control Board investigation requires applicants to identify the sensitive land uses within 600 feet of the site. Based upon this criterion there are approximately 28 residences, a middle school (Portola Middle School) and four other establishments selling beer and wine for off -site consumption within 600' of the subject property. The selling of alcoholic beverages from the project site is not anticipated to have an adverse impact on the above - identified "sensitive" land uses for the following reasons: • The ABC Type 20 License limits the business to selling beer and wine for consumption away from the site and, the operator is required to comply with specific conditions of approval from the City of Orange including measures that ensure that the employees manage the sale of alcohol to patrons in a controlled manner. • Residential properties and a public middle school are located within 600 feet of the subject business. However, neither have direct access to the project site and, in particular, the middle school is separated by a Primary Arterial (Main Street) and does not have direct line of sight with the premises. The Police Department reports that the proposed establishment is within a census tract that is considered under - concentrated with both On -sale and Off -sale ABC licenses. Census Tract (No. 0761.01) has 12 existing On -Sale and Off -Sale licenses with the total allowed On -Sale and Off - Sale Licenses permitted being 15 licenses. There are three ABC licenses within 600 feet of the proposed subject location, not including the existing ABC license being sought for the premises. The nine additional licenses are located within the census tract, but beyond the 600 -foot radius of the subject premises. Neither the number of On -Sale or Off -Sale ABC licenses within the census tract is considered over - concentrated, and an additional Off -Sale license can be absorbed. The Orange Police Department's Vice Unit also reviewed the proposal against crime figures in Reporting District 32W and determined that the applicant is in a census tract that is not considered to be a high crime area. Although the area has higher than average reported crime, it is not at or near the 20% above average rate that meets the definition of high crime. Reviewing Bodies — The Police Department does not object to the approval of an ABC Type 20 (Beer & Wine — Package Store) License to the applicant in this circumstance based upon the fact that the existing business has not had any calls for service since its establishment in the late 1960's. The request does not create an over - concentration of Off -Sale licenses, but can be accommodated within the affected census boundary. Further, the applicant is amenable to all ITEM 3 09/09/14 requested conditions to control alcohol sales from the premises. Planning Staff finds that the additional license to sell beer and wine from this location will provide an expected service to both residents and visitors in this area of the City. Finally, on August 4, 2014, the Planning Commission adopted Resolution No. PC 16 -14 recommending the City Council approves the subject request. . 8. ATTACHMENTS 1. Resolution No. 10816 2. 600 -foot Vicinity /License Evaluation Map 3. Submitted Plans (Label Dated September 9, 2014) 4. Orange Police Department Memorandum dated March 18, 2014 5. Adopted Planning Commission Resolution No. PC 16 -14 6. Approved Planning Commission Minutes — August 4, 2014 7. Planning Commission Agenda Report (without Attachments) — August 4, 2014 ITEM 4 09/09/14 CONDITIONAL USE PERMIT NO. 2923-13 RESOLUTION NO. 10816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT 2923 -13 ESTABLISHING AN ALCOHOLIC BEVERAGE CONTROL TYPE 20 (OFF -SALE BEER & WINE — PACKAGE STORE) LICENSE IN AN EXISTING CONVENIENCE MARKET OF A SERVICE STATION /CAR WASH ESTABLISHMENT ON THE PROPERTY LOCATED AT 1405 WEST CHAPMAN AVENUE APPLICANT: ORANGE CAR WASH INC. Moved by Councilmember and seconded by Councilmember that the following resolution be adopted: WHEREAS, the Orange Municipal Code Section 17.18.030 requires approval of a Conditional Use Permit for alcoholic beverage sales on property zoned General Business; and WHEREAS, the City Council has authority per Orange Municipal Code Sections 17.10.030 and 17.30.030 to take a final action on Conditional Use Permits for any on -sale alcoholic beverage license in conjunction with the sale of motor fuel upon recommendation from the Planning Commission; and WHEREAS, Conditional Use Permit No. 2923 -13 was filed by Orange Car Wash Inc. in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 2923 -13 was processed in the time and manner prescribed by state and local law; and WHEREAS, Conditional Use Permit No. 2923 -13 is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class 1 — Existing Facilities); and WHEREAS, the Planning Commission conducted one duly advertised public hearing on August 4, 2014, at which time interested persons had an opportunity to testify either in support of, or opposition to, the proposal and for the purpose of considering Conditional Use Permit No. 2923, and adopted Resolution No. PC 16 -14 recommending to the City Council approval of said request upon property described as follows: Exhibit A, attached hereto ATTACHMENT NO. 1 RESOLUTION 10816 ORANGE CAR WASH SEPTEMBER 9, 2014 CC MTG.