RES-10986 Not Approved By CouncilNote to file:
Resolution No. 10986 was not approved by Council. Council
upheld the Planning Commission's decision and Appeal No.
547 -16 (7 -11 Appeal) was denied. Per the City Attorney's
office, approval of this Resolution was not necessary.
Public Hearing date: November 9, 2016
Appeal No.: APP - 547 -16 (7 -11 Appeal)
RESOLUTION NO. 10986
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING APPEAL NO. 547 -16,
WHICH UPHOLDS THE DECISION OF THE
PLANNING COMMISSION TO DENY THE
MODIFICATION OF A CONDITIONAL USE
PERMIT FOR A STATE OF CALIFORNIA,
DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL, TYPE 20 LICENSE (OFF -SALE BEER
WINE) TO ALLOW THE SALE OF SINGLE
ALCOHOLIC BEVERAGES ON PROPERTY
LOCATED AT 615 S. TUSTIN STREET
APPLICANT: RTNSP INVESTMENT GROUP, LLC,
APPEAL NO. 547-16
WHEREAS, the application for Conditional Use Permit No. 2997 -15 was filed by the
applicant in accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, the application for Conditional Use Permit No. 2997 -15 was processed in
the time and manner prescribed by state and local law; and
WHEREAS, Conditional Use Permit No. 2997 -15 is categorically exempt from the
provisions of the California Environmental Quality Act per State CEQA Guidelines 15301 (Class
1 — Existing Facilities), because the project consists of a modification to an existing license for
alcohol sales at an existing establishment; and
WHEREAS, the Planning Commission conducted a public hearing on September 7,
2016, at which time interested persons had an opportunity to testify either in support of, or
opposition to, Conditional Use Permit No. 2997 -15, and at the conclusion of the hearing denied
the proposed request; and
WHEREAS, on September 22, 2016, the Applicant filed Appeal No. 547 -16, in
accordance with the provisions of the Orange Municipal Code, seeking to overturn the decision
of the Planning Commission; and
WHEREAS, the City Council conducted a public hearing on November 9, 2016, at
which time interested persons had an opportunity to testify either in support of, or opposition to,
Appeal No. 547 -16, seeking to overturn the denial of Conditional Use Permit No. 2997 -15, upon
property described as follows:
LOT 1 OF TRACT NUMBER 4675, AS PER MAP RECORDED IN BOOK 169,
PAGE 3 AND 4 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
ATTACHMENT NO.1
DRAFT RESOLUTION 10986
APPEAL 547 -16
NnVFMRER 9.2016 CC MTG.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
hereby denies Appeal No. 547 -16, and upholds the decision of the Planning Commission, to
deny the modification of the existing conditional use permit for a Type 20 ABC license to allow
the sale of single alcoholic beverages, based on the following findings:
SECTION 1— FINDINGS
General Plan Finding:
1. The project must be consistent with the goals and policies stated within the City's General
Plan.
The Police Department's General Plan Safety Element Goals require the City to maintain an
adequately manned and equipped police force, maintain crime prevention programs designed
to protect residents and property from crime, and be directly involved in the review process
for Alcoholic Beverage Control (ABC) applications. One of the Police Department's pillars
of success is to reduce crime, while two of its Strategic Plan goals are to provide for a safe
community and enhance /promote quality of life in our community. The Police Department is
opposed to approval of modifying the existing Type 20 ABC license to allow the sale of
single alcoholic beverages. The sale of single alcoholic beverages will increase the likelihood
of individuals consuming the item in their vehicle upon leaving the business or drinking the
item on or around the site. Problems with drinking and driving are well documented, both in
cost to the city and to the risk to public safety.
This finding cannot be made for approval of the modification to the existing Type 20 ABC
license.
Conditional Use Permit Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
Granting the modification to the existing Type 20 license to allow the sale of single alcoholic
beverages would not be based upon sound principles of land use or in response to services
required by the community. The Police Department is opposed to the sale of single alcoholic
beverages at gas stations /convenience stores as there is an increased likelihood of consuming
the item in their vehicles or at the site. The area has a high crime rate compared to City
averages in other reporting districts, and the availability of single alcoholic beverages may
impose additional burdens on public safety resources related to the undesirable effects of
drinking and driving. The applicant's request to allow the sale of single alcoholic beverages
would create an undue burden on public safety resources and have an adverse impact on the
surrounding community.
This finding cannot be made for approval of the modification to the existing Type 20 ABC
license.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land
uses or create special problems for the area in which it is located.
Reso. No. 10986 2 GAS
The site is located in a densely populated area surrounded by multi - family, including senior
living communities. Granting the modification to the existing Type 20 license to allow the
sale of single alcoholic beverages may have an adverse impact on surrounding residential
land uses and may create a special problem for the area, because it may allow potentially
undesired side effects of individuals consuming alcoholic beverages in their vehicles or on
site and driving under the influence and may contribute to an increase in calls for service.
The site is also adjacent to CA -55 and CA -22 which would add another potential danger for
commuters or other communities in the vicinity should an individual be driving under the
influence due to a purchase of an alcoholic beverage at this establishment. The applicant's
request may create and cause deterioration of bordering land uses and problems for sensitive
receptors and other uses in the surrounding area.
This finding cannot be made for approval of the modification to the existing Type 20 ABC
license.
3. A Conditional Use Permit must be considered in relationship to its effect on the community
or neighborhood plan for the area in which it is located.
Although the location of the premises is not within an identified or specific community or
neighborhood plan, the convenience store is near a densely populated community in the City
due to the number of multi - family including senior living communities. The proposal is
anticipated to have an adverse impact on neighboring land uses and the community because
the area is already over concentrated with off -sale alcohol licenses and has a high crime rate
compared to other reporting districts. The sale of single alcoholic beverages may create a
special problem for the area, because it may allow potentially undesired side effects of
individuals consuming alcoholic beverages in their vehicles or on site and driving under the
influence, contributing to an increase in calls for service. The granting of this proposal may
impact sensitive land uses in the immediate area which consists of single - family and multi-
family residences, including a senior living community. Granting this request may increase
calls for service, increase the crime rate and diminish quality of life in the area. The
applicant's request to sell single alcoholic beverages may create and cause the deterioration
of bordering land uses and create problems for the surrounding area.
This finding cannot be made for approval of the modification to the existing Type 20 ABC
license.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to
preserve the general welfare, not the individual welfare of any particular applicant.
Granting the modification to the existing Type 20 license to allow the sale of single alcoholic
beverages would not preserve the general welfare and would primarily benefit the business
owner. The Police Department is opposed to the sale of single alcoholic beverages at gas
stations /convenience stores as there is an increased likelihood of consuming the item in their
vehicles or at the site. The Police Department has been consistent in opposing the allowance
to sell single alcoholic beverages from convenience stores and there are very few Type 20
licenses approved by the City that do not contain the condition prohibiting the sale of single
alcoholic beverages. Granting this modification would benefit only one particular applicant.
Reso. No. 10986 3 GAS
The area has a high crime rate compared to City averages in other reporting districts, and the
availability of single alcoholic beverages may impose additional burdens on public safety
resources related to the undesirable effects of drinking and driving. The applicant's request to
allow the sale of single alcoholic beverages would create an undue burden on public safety
resources and have an adverse impact on the surrounding community.
This finding cannot be made for approval of the modification to the existing Type 20 ABC
license.
SECTION 2 — ENVIRONMENTAL REVIEW
The proposed project is statutorily exempt from the provisions of the California Environmental
Quality Act per State CEQA Guidelines 15301 (Class 1 — Existing Facilities), because the
project consists of a modification to an existing for alcohol sales at an existing establishment.
ADOPTED this day of , 2016.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the day of , 2016 by
the following vote:
AYES:COUNCILMEMBERS.
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
ABSTAIN:COUNCILMEMBERS:
Mary E. Murphy, City Clerk, City of Orange
Reso. No. 10986 4 GAS
Vicinity Map
615 S. Tustin Street
y .
r
ATTACHMENT NO.2
VICINITY MAP
APPEAL 547 -16
NOVEMBER 9, 2016 CC MTG.
CITY OF ORANGE
COMMUNITY DEVELOPMENT DEPARTMENT
Appeal No. 547 -16 (APP0547 -16)
AGENDA ITEM
November 9, 201b
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
City Manager
FROM: William Crouch, AICP, AIA,
NCARB, LEED (AP)
Community Development Director
ReviewedNerified B
City Manager
Finance Direc r
To Be Prese ed By: Anna Pehoushek,
Assistant C mmunity Development
Director
Cons Calendar _ City Mgr Rpts
Council Reports _ Legal Affairs
Boards /Cmtes X Public Hrgs
Admin Reports Plan/Environ
1. SUBJECT
APPEAL HEARING: Appeal No. 547 -16 - An appeal of the Planning Commission decision to
deny Conditional Use Permit No. 2997 -15 to modify an existing Alcoholic Beverage Control
ABC) Type 20 license to allow the sale of single alcoholic beverages at 615 S. Tustin Street.
2. SUMMARY
An appeal by the applicant, Tustin 7- Eleven (Rassol Eftekharian), of a decision by the Planning
Commission (PC) to deny Conditional Use Permit (CUP) No. 2997 -15 to modify an existing
State of California, Department of Alcoholic Beverage Control, Type 20 License (Off -Sale Beer
Wine) to allow the sales of single alcoholic beverages inside a 7- Eleven convenience store
located at 615 S. Tustin Street.
3. RECOMMENDED ACTION
Deny Appeal No. 547 -16
4. FISCAL IMPACT
Potential minor sales tax gains from alcoholic beverage sales.
5. STRATEGIC PLAN
1(d). Provide for a safe community; assure the development of the City occurs in a fashion that
maximizes public safety.
ITEM L.9' 11/9/2016