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RES-10234 Denying Conditional Use Permit for Type 20 ABC License 1940 E. Katella Ave.RESOLUTION NO. 10234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING CONDITIONAL USE PERMIT NO. 2662-07, A REQUEST TO MAINTAIN A TYPE 20 ABC LICENSE ( OFF-SALE BEER AND WINE) IN ASSOCIATION WITH AN EXISTING SERVICE STATION LOCATED AT 1940 EAST KATELLA AVENUE APPLICANT: DR. BOBBY MEHTA, WESTOAK CHEVRON WHEREAS, Conditional Use Permit No. 2662-07 was filed in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 2662-07 was processed in the time and manner prescribed by state and local law; and WHEREAS, Conditional Use Permit No. 2662-07 is a request to establish beer and wine sales (ABC Type 20 license) for an existing service station with a 945 square foot retail sales/cashier building and an automated car wash; and WHEREAS, the Planning Commission is required per Orange Municipal Code Section 17.30.030 to take action to recommend that the City Council approve or deny Conditional Use Permit No. 2662-07, for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine)License associated with a service station; and WHEREAS, Conditional Use Permit No. 2662-07 is categorically exempt from the provisions of the California Environmental Quality Act per StateCEQA Guidelines Section 15301 (Class 1 - Existing Facilities); and WHEREAS, the Planning Commission conducted one duly advertised public hearing on August 6, 2007, for the purpose of considering Conditional Use Permit No. 2662-07 and recommended that the City Council deny the conditional use permit; and WHEREAS, the City Council conducted a duly advertised public hearing on November 13, 2007, for the purpose of considering Conditional Use Permit No. 2662-07 upon property described as follows:SEE ATTACHED LEGAL DESCRIPTION NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby denies Conditional Use Permit No. 2662- 07 for the off-sale of beer and wine SECTION 1 - 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 of the Conditional Use Permit would not be based upon sound principles of land use and the use is not a service required by the community in that:Crime data for the reporting district in which the project is part of shows a high concentration of crime and a high number of calls for police service within the area. Specifically, the reporting district currently experiences 109 percent greater reported crimes than the City district average. The introduction of alcohol sales to a convenience type store that is accessory to automotive fueling in the reporting district could increase the potential for deterioration to or special problems at adjacent uses, which could lead to an increased number of calls for police and fire services.Off- site sales of beer and wine is not a needed service by the nearby community. The following off-sale establishments are within 1 to 2 blocks of the project:Arco AM/PM Gas Station:Party Time Liquor:D&L Dairy:Smart & Final:CVS Pharmacy:1935 E. Katella Avenue 1135 N. Tustin Avenue 1064 N. Tustin Avenue 1401 E. Katella Avenue 1535 E. Katella Avenue The service station is located immediately adjacent to a freeway on- ramp, which could facilitate greater access to alcohol and a high-speed freeway for people intent on drinking and driving.The existing uses of the site are oriented towards customers driving automobiles. These customers have transportation that can enable them to purchase alcohol at any of the several other beer and wine sales establishments in the immediate area or adjacent census tracts. No residential uses are immediately adjacent to the existing service station that, with the allowance of alcohol sales, would add a shopping alternative for resident pedestrians.Therefore, it is reasonable to conclude that approving the proposed alcohol sales would not be a public necessity or even a convenience.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.The project may cause deterioration of bordering land uses and create special problems for the area in which it is located in that:The addition of another alcohol sales establishment to an area saturated with alcohol licenses could exasperate crime in an area already experiencing crime that is 109 percent over the Citywide Aside from the number of incidents occurring in association with convenience markets that sell alcohol, more concern and importance should be placed upon the seriousness and nature of the incidents that are generally coupled with these types of establishments. Incidents such as burglaries and robberies are commonplace with such convenience markets. In light of these statistics, the addition of another convenience market into this census tract could lead to an Increase In crime. The service station is located immediately adjacent to a freeway on-ramp, which could facilitate greater access to alcohol and a high-speed freeway for people intent on drinking and driving.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.The existing uses of the site are oriented towards customers driving automobiles. These customers have transportation that can enable them to purchase alcohol at any of the several other beer and wine sales establishments in the project or adjacent census tracts. No residential uses are immediately adjacent to the existing service station that, with the allowance of alcohol sales,would add a shopping alternative for resident pedestrians. Therefore, it is reasonable to conclude that approving the proposed alcohol sales would not be a public necessity or even a convenience.Off-site sales of beer and wine is not a needed service by the nearby community.The following off-sale establishments are within 1 to 2 blocks ofthe project:Arco AM/PM Gas Station:Party Time Liquor:D& L Dairy: Smart & Final:CVS Pharmacy: 1935 E. Katella Avenue 1135 N. Tustin Avenue 1064 N. Tustin Avenue 1401 E. Katella Avenue 1535 E. Katella Avenue The service station is located immediately adjacent to a freeway on-ramp, which could facilitate greater access to alcohol and a high-speed freeway for people intent on drinking and driving.The addition of another alcohol sales establishment to an area saturated with alcohol licenses could exasperate crime in the community/neighborhood. The area is already experiencing crime that is 109 percent over the Citywide district average.Aside from the number of incidents occurring in association with convenience markets, more concern and importance should be placed upon the seriousness and nature of the incidents that are generally coupled with these types of establishments. Incidents such as with such convenience markets. In light of these statistics, the addition of another convenience market into community/neighborhood could lend to an Increase In crime. 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. Although it is reasonable to conclude that the granting of the proposed alcohol sales would benefit the individual welfare of the applicant, the Conditional Use Permit is being recommended for denial in order to preserve general welfare of the census tract and surrounding community/neighborhood based on the potential harmful effects stated in Findings 1-3. The success of the service station with an accessory automated car wash and retail sales building should not be primarily dependent upon beer and wine sales.These findings are consistent with the goals and policies stated within the City' s General Plan, which seeks to balance the merits of any economic gain with the protection of exiting residential neighborhoods, and therefore recommends denial of the project due to public safety and general welfare.SECTION 2 --- FINDING OF CONVENIENCE OR NECESSITY A finding of Convenience or Necessity cannot be made for this project in that multiple off-sale establishments are within 1 to 2 blocks of the project and the facts introduced into the record establish that the census tract is currently saturated with ABC Type 20 Licenses.ADOPTED this 13th day of November, 2007 ATTEST: o Mary E. 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 the13th day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: SMITH, MURPHY, CA VECCHE, DUMITRU, BILODEAU COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ge 5