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RES-10408 Conditional Use Permit Approval for Type 20 ABC License for Exising Mini-Mart at 615 S. Tustin St.RESOLUTION NO. 10408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 2733-08 FOR A TYPE 20 ( OFF-SALE BEER AND WINE -PACKAGE STORE) ABC LICENSE IN AN EXISTING MINI- MART ON PROPERTY WITH AN EXISTING SERVICE STATION AT 615 SOUTH TUSTIN STREET.APPLICANT: CONOCO PHILLIPS COMPANY INC.WHEREAS, City Council authority to render a decision on Conditional Use Permit No. 2733-08 is derived from OrangeMunicipalCode (O.M.C.) Section 17.10. 030 D. which authorizes the City Council to have the final authority for Conditional Use Permits involving off-sale alcoholic beverage licenses in conjunction with the sale of motorfuel. Furthermore,O.M.C. Section 17.08.020 provides City Council authority for final review of all matters relating to planning and zoning; andWHEREAS, Section 17.30.0300.2. requires that an initial hearing be held before the Planning Commission for Conditional Use Permits involving off-sale alcoholic beverage licenses in conjunction with the sale of motor fuel in the Commercial Tustin Redevelopment C-TR) District.WHEREAS, the Planning Commission conducted a duly advertised public hearing on August 17, 2009, for the purpose of considering Conditional Use Permit No. 2733-08, and adopted Planning Commission Resolution No. PC 33-09 recommending approval; and WHEREAS, Conditional Use Permit No. 2733-08, was filed by the applicant in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 2733-08 was processed in the time and mannerprescribed by state andlocal law; and WHEREAS, O.M.C. Section 17.10.080 requires that the project be reviewed in accordance with California Environmental Quality Act provisions and the City of Orange Environmental Review Guidelines. Conditional Use Permit No. 2733-08 is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class 1 -Existing Facilities) and is in accordance with the City of Orange Environmental Review Guidelines; and WHEREAS, the City Council of the City of Orange conducted a duly advertised public hearing on October 13, 2009, for the purpose of considering Conditional Use NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby approves Conditional Use Permit No. 2733-08 for a Type 20 ABC License Off-Sale Beer and Wine -Package Store), in association with an existing mini-mart associated with a gasoline fueling station, based on the following findings:General Plan 1. The project must be consistent with the goals and policies stated within the City' s General Plan.The property is located on property that is zoned C-1 for Limited Business, and has a General Plan Designation of General Commercial (GC). The granting of this Conditional Use Permit for the off-site sale of beer and wine in a mini-mart is consistent with the goals and policies of the Land Use Element of the General Plan,by providing for a wide range of retail and service commercial uses in the area.The Police Department's review and recommendation of conditions supporting the ABC license were formulated in accordance with the General Plan Safety Element Goals that 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 involves the Police Department in the development review process.Conditional Use Permit 2. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community.The site is in a census tract that is under-saturated with On and Off-Sale licenses.The existing 518 square foot mini-mart is located at a gas station, along a major arterial street in an area nearly surrounded with multiple family dwellings. The area limited beer and wine sales would accommodate an option for persons to purchase as they fuel their vehicles on their way home from work or would provide convenient walk-to option for the multiple adjacent residents and hotel guests who don't have any other alcohol sales uses in relatively close proximity. In addition to beer and wine, the mini-mart will carry various food, beverage, and miscellaneous items that residents may purchase with convenience.3. 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.As conditioned, Staff does not anticipate that the issuance of this CUP will adversely affect the surrounding commercial and residential uses. The success of the mini-mart which supports the gas station should not and shall not be primarily dependent upon beer and wine sales. Beer and wine are offered as additional products for the patrons of the subject mini-mart/gas station. To maintain the integrity of the mini- mart operation, several conditions have been attached to the CUP so that the establishment Such conditions include limiting the quarterly gross sales of alcoholic beverages within the convenience store (Condition 10), restricting the quantities and types of beer and wine that may be sold (Conditions 11-13), the locations where beer and wine may be displayed (Conditions 14 and 15), and the age of the employees who are permitted to sell the beer and wine (Condition 21). Additional conditions mandate the "turn around time" to remove any graffiti (Condition 28), the required lighting and visibility in the parking lot (Conditions 25 and 26), and maintaining a litter free property (Condition 27).Furthermore, the small size of the mini-mart combined with the code provision prohibiting alcohol display within five feet of the cash register andpublic entry/exit door should provide some self regulation of alcohol sales on-site since only limited quantities of beer and wine would be provided and would likely merit above market prices thereby deterring some customers with alcohol related problems.4. 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.There is no community or neighborhood plan in the area. The site is coveredunder the City's General Plan. The subject census tract is currently not saturated with off-sale alcohol licenses. Three (3) off-sale licenses exist, where four (4) are permitted.While the subject site is located in a high crime area, the majority of the crimes relate to theft from a vehicle or burglary from a vehicle. There were only 9 alcohol related crimes for all of 2008 for this reporting district and the proposed space-restricted area in the mini-mart is not likely to contribute to the district' s crime numbers, be a burden to police services, or impact the quality of life in the surrounding community.Several conditions have been imposed to protect the community. Such conditions include control on the quantities and types of alcohol ( beer and wine) that may be sold (Conditions 11-13), the locations where beer and wine may be displayed Conditions 14 and 15), and the age of the employees who are permitted to sell beer and wine (Condition 21).S. 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.Several conditions have been attached to the CUP so that the establishment will continue to operate as a mini-mart at a gas station and preserve the general welfare of the community. Conditions have been imposed that control the types and quantities of alcohol that may be sold (Conditions 11-13). Conditions have also been placed on the CUP that restrict the quarterly gross sales of beer and wine Condition 10), the locations where beer and wine may be displayed (Conditions 14 and 15), the "turnaround time" to remove any graffiti (Condition 28), and the lighting and visibility The Police Department believes that the inclusion of these conditions will assist in protecting the surrounding residences and businesses. The Police Department does not anticipate that the granting of this CUP will create a nuisance to the community or deplete police resources with a high number of calls for service. SECTION 2-CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval:The applicant agrees to indemnify, hold harmless, and defend the City, its officers,agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permits, save and except that caused by the City's active negligence.2. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit.3. Thebusiness/project shall remain in substantial conformance with plans and exhibits approved by the City Council, including modifications required by the conditions of approval. Any future expansion in area or in the nature and operation of the use approved by Conditional Use Permit No. 2733-08 shall require an application for a new or amended Conditional Use Permit.4. No portable containers or accessory structures shall be permitted on- site outside of the mini-mart unless approved in association with a Temporary Use Permit. Under no circumstances shall alcoholic beverages be stored on- site outside of the mini-mart.5. The business shall comply with all California Alcoholic Beverage Control Department requirements.6. This Conditional Use Permit shall be reviewed one year from the date of approval and each year thereafter as necessary. The review shall be conducted jointly by the Community Development Director and Police Chief or designee. The purpose of this review shall be to identify uniquely adverse issues such as loitering, vandalism,criminal activity, noise, or nuisance resulting from approval of the CUP. If such issues are identified, the CUP shall be presented to the Planning Commission for their consideration of conditions, modifications or revocation.7. The activity level of the business shall be monitored by the Crime Prevention Bureau to establish the level of police services used for the business. Should the level of police services demonstrate that the applicant has not controlled excessive, or unnecessary activity resulting in high use of police services, or that the applicant has failed to comply with enforcement or application of measures related to curfew and truancy which are listed below, then this conditional use permit shall be reviewed for consideration 8. The premises are only permitted with a Type 20 California Department of Alcoholic Beverage Control Department permit for off-sale beer and wine.9. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premise.10. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of merchant items that include food within the conveniencestore/mini mart during the same time period. Fuel purchases are excluded from the gross sales of merchant related items. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available upon request.11. The sale of beer or malt beverages in quantities of quarts, 22 ounces, 32 ounces, 40 ounces, or similar size containers is prohibited. Beer, malt beverages, and wine coolers in containers of 16 ounces or less cannot be sold by single containers, but must be sold in manufacturer pre-packaged multi-unit quantities.12. No wine shall be sold with an alcoholic content greater than 15% by volume.13. No wine coolers shall be sold in less than afour-pack quantity.14. No alcoholic beverages shall be sold from any temporary locations on the premises such as ice tubs, barrels, or any other containers.15. No beer or wine shall be displayed within five feet of the cash register or any public entrance.16. All containers of alcoholic beverages that are displayed for sale shall be secured against public access between the hoursof 11:00 p.m. to 6:00 a.m. The on-site manager may access alcoholic beverages from the secured display area for the purpose of providing a sale in accordance with California Department of Alcohol and Beverage Control regulations.17. There shall be no coin-operated games maintained upon the premises at any time.18. Employees on duty between the hours of 10:00 pm and 1: 00 am shall be at least twenty-one (21) years of age to sell beer and wine.19. There shall be no live entertainment or amplified music permitted on the premises at any time except for events 20. Outdoor amplification systems, loudspeakers and paging devices shall not be used outside the licensed premises except for events sanctioned by Condition Number 26 herein. Interior amplification devices for the purpose of background music or the paging of employees or customers in the interior shall not be prohibited on the licensed premises. 21. There shall be no exterior advertising of any kind or type promoting or indicating the availability of alcoholic beverages. Advertising directed to the exterior from within the mini-mart and alcoholic beverage advertising from motor fuel islands shall constitute a violation of this condition.22. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot.23. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as to not unreasonably illuminate the window area of nearby residences.24. The petitioner(s) shall be responsible for maintaining free of litter, the area adjacent to the premises over which he has control.25. Graffiti shall be removed from the exterior walls and windows of the premises within 72 hours of discovery.26. There shall be no special promotional events held on the property, unless a written request for such is received and approved by the City of Orange Community Development Director and the Police Department's Vice Unit at least one week in advance.SECTION 3 -CONVENIENCE AND NECESSITY The site is in a census tract that is under-saturated with On and Off- Sale licenses. Approval of the CUP could facilitate alcohol sales from a small area in the mini mart to the adjacent high density multiple family dwellings and hotel. The site would be the only establishment with alcohol sales in immediate walking distance from residential uses and the hotel surrounding the site.SECTION 4 -ENVIRONMENTAL REVIEW This project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class ADOPTED this 13th day of October, 2009 a ~ yn avec e, Mayor, Ci of Orange A1CTE~ST: r Mary E. M ity Clerk, C' range 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 13th day of October, 2009, by the following vote: AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E~I~ ur ,City Clerk, City of 7