RES-10106 Denying Conditional Use Permit Meridian LiquorRESOLUTION NO. 10106
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING CONDITIONAL USE
PERMIT NO. 2587-06 FOR A TYPE 21
LICENSE OFF-SALE GENERAL) FOR THE SALE
OF BEER,WINE, AND DISTILLED SPIRITS AT
A LIQUOR STORE AND MARKET, LOCATED AT
655 SOUTH MAIN
STREET, #240.APPLICANT:
KAMRAN MIRDAMADI Meridian
Liquor & Market)WHEREAS, Conditional Use Permit No. 2587-06 was filed by
Kamran Mirdamadi in accordance with the provisions of the City of Orange
Municipal Code; and WHEREAS, Conditional Use Permit No. 2587-06 was processed
in the time and manner prescribed by state
and local law; and WHEREAS, the proposed liquor store and market is located in
an area of over concentration of liquor licenses, with the seven existing area off-sale
licenses in excess of the total of five that are allowed within in this tract per the
standards of the
Alcoholic Beverage Control Department; and WHEREAS, staff believes, and has presented evidence of
such, that the addition of another liquor store within the immediate project area
may cause deterioration of bordering land uses and create special problems for the area in
which it is located; and WHEREAS, the City Council of the City of Orange
conducted a duly advertised public hearing on July 11,2006, 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. 2587-
06 upon
property described as follows:PARCEL A PARCELS 2 AND 4 OF
PARCEL MAP NO. 98-198, AS SHOWN ON A MAP FILED
IN BOOK 304, PAGES 27 THROUGH 30 INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF
THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.PARCEL B
A NON-EXCLUSIVE EASEMENT FOR "DRIVE AISLE"
AND DRAINAIGE" AS PROVIDED IN THAT CERTAIN RECIPROCAL
BETWEEN EPIPD-TOWN & COUNTRY, L.P., A TEXAS
LIMITED PARTNERSHIP AND NAP FORT WALTON BEACH, L.P.,
A GEORGIA LIMITED PARTNERSHIP, RECORDED OCTOBER
6,2000, AS DOCUMENT NO.
20000537177.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orange hereby denies Conditional Use Permit No. 2587-06 for the off-sale
general license for the sale of beer, wine, and distilled spirits at a liquor store, located at 655
South Main Street,240, based on
the following findings: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.The granting of this Conditional Use Permit would not further
sound principles of land use nor would it be granted in response to services required
by the community, Consideration has been given as to whether the proposed
use will detrimentally affect nearby residentially zoned districts,
residential buildings,churches, schools, hospitals, public playgrounds, and other similar uses,
as well as other establishments dispensing, for sale or other
consideration, alcoholic beverages, including beer
and wine.The site is located too close in proximity to other establishments that
sell beer,wine and distilled spirits creating an over-concentration of
off-sale licenses in the area. According to statistics provided by ABC seven
licenses exist, and only five are allowed. Of the seven existing off-
sale liquor establishments in this census tract, two establishments are within a y,
mile of the proposed liquor market. In close proximity to the subject site at
Main Street and La Veta Avenue, there exists a Save-On drugstore (
within V. mile of proposed project),which possesses a Type 21
off-sale general liquor license. A 7-Eleven convenient store, which lies
within Yz mile of the proposed Meridian Liquor &Market, also possesses a Type
21 liquor license. Also, there are residential uses immediately adjacent to the
subject site. Crime data for this reporting district within the City of Orange) show both
a high concentration of crime and a high number of calls for police
service within the area. Thus, the introduction of another liquor store to this
area would increase the potential for deterioration of adjacent
uses or special problems for surrounding
residential neighborhoods.See additional information below under # 4.2. A Conditional Use Permit shall not
be granted if it will cause deterioration of bordering land uses or create special
problems
for
The project may cause deterioration of bordering land uses and create special
problems for the area in which it is located based on the location of other similar
businesses in close proximity to the site and the crime statistics from the City of
Orange's Police Department. Based on empirical evidence and testimony
introduced in the record, it has been shown that liquor stores require additional
calls for service and increase the amount of incidents and crime in a given area.
From May 2005 to April 2006, the Orange Police Department's Vice Unit
reported 9,874 calls for service within the subject site's Census Tract (Census
Tract No.760.00, City's Crime Reporting District No. 012). Of the 9,874 calls
for service that were reported, 246 calls were from the seven existing
establishments with off-sale alcohol licenses within this census tract.
More specifically, within reporting district 012, current crime figures are at
170,where the average number of reported crimes per district is III. This
reporting district is 20% above the average reported crime rate, thus classifying it as
a high crime
area.The Orange Police Department further evaluated all of the liquor
store establishments within Census Tract 760,00, and found that 7
establishments accounted for 54 incidents; which equates to approximately 8 incidents
per establishment. Aside from the number of incidents occurring in
association with liquor stores, 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 liquor establishments. In light of these statistics, it
is then logical to presume that the addition of another liquor store into this
census tract would lend itself to increasing crime in an area that is already
over concentrated with
crime.The project was also considered in relationship to its effect on the
community,and/or effect on nearby residential neighborhoods, and businesses in the City
of Orange. The Meridian at Orange Town & Country Apartments
are approximately 200 feet away from the subject property and have direct access
to the proposed establishment from an area near the subject liquor
establishment.Given the proximity between these high-density apartments and
the proposed liquor establishments, there exists serious concern for the
numerous negative externalities and impacts that may materialize should this liquor store
be granted approval for an ABC license, Due to the high crime in the area and
the high calls for police services from the police department, the
proposed establishment has been found to be potentially detrimental to the safety and welfare
of the residents and various land uses in the
surrounding area.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.Reso. No. 10106
Consideration has been given as to whether the proposed use will detrimentally
affect nearby residential districts, residential buildings, churches, schools,
hospitals, public playgrounds, and other similar uses, as well as other
establishments dispensing, for sale or other consideration, alcoholic beverages,
including beer, wine, and distilled spirits. There are residential uses to the east,
as well as a mix of commercial uses to the north, south, and west of the subject
site.
As was previously discussed in Finding #2, the proposed liquor establishment is
located in close proximity (within 200 feet) to a high-density
residential apartment complex, which has direct access to proposed establishment.
In addition, the Orange Police Department reports that crime data for this
district District 012) shows an over concentration of crime, as well as a high number
of calls for police service within the area. This in turn increases the potential
for deterioration of adjacent uses or special problems for residential
neighborhoods in the
area.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.The granting of this Conditional Use Permit would neither preserve nor
further the general welfare of the community. The location within the City of Orange
is already a high crime-reporting district. After reviewing the
statistical data associated with the crime and licensing of alcoholic beverage
establishments in the area, the Orange Police Department believes the sales of
alcoholic beverages from the business will have an adverse impact on the City of Orange
and the resources of the
Police Department.The granting of this Conditional Use Permit has the
potential of:I. Being a nuisance to the
surrounding community 2. Depleting police resources with a high number of "police
calls
for service"From May 2005 to April 2006, the Orange Police Department's
Vice Unit reported the following crime data for the subject site that is in
Census Tract 760.00 (City's Crime Reporting District No. 012), 9,874 calls for
service were reported, of which 246 were from the seven existing establishments
with off-sale alcohol licenses in this census tract. More specifically,
within reporting district 012 current crime figures are at 170, where the average
number of reported crimes per district is 111. This reporting district is 20%
above the average reported crime rate, thus making it a high
crime
Also, the existing number of off-sale licenses exceeds what is allowed in
the area creating an over-concentration of licenses. The number of
off-sale licenses allowed is five (5), the number of existing off-
sale Alcohol Beverage Control ABC) licenses number seven (7). Additionally, the
number of on-sale licenses allowed is ten (10), the number of
existing on-sale Alcohol Beverage Control ABC) licenses number twenty-
two (22). Thus making this
area over-concentrated with alcoholic beverage licenses.SECTION
2 --- FINDING OF CONVENIENCE OR NECESSITY A finding of Convenience or Necessity cannot be made
for this project since the subject site is in close proximity to various other establishments that
sell beer and wine such as Rubio's, Arriba Baja Grill, and Pat & Oscar's (within V. of a mile
of subject site), as well as several other establishments in the Main Place
Mall and the surrounding area, Additionally,numerous establishments with off-site sale liquor
licenses exist within census tract 760.00.Specifically, a Save-On drugstore and
a 7-Eleven establishment (with Type 21 licenses) are within V. of a mile, and y,
of a mile, respectively, of the proposed
liquor
market.
ADOPTED this 8th day of August,
2006.ATTEST:tY~~{~Mary E; , City Clerk, , o~ 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
8th
day
of
August,
2006, by the following
vote:AYES:
NOES:ABSENT:
ABSTAIN:COUNCILMEMBERS:
Murphy, Cavecche,
Dumitru