RES-9904 Conditional Use Permit Approval For Beer & Wine SaleRESOLUTION NO. 9904
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT 2439-03 TO ALLOW
OFF-PREMISE SALE OF BEER AND WINE FOR
AN EXISTINGGAS STATION/MINI-MART
LOCATED AT 4105 WEST CHAPMAN AVENUE
AND MAKING A FINDING OF
PUBLIC
CONVENIENCE OR NECESSITY.
APPLICANT: Enayat Fazeli WHEREAS, Conditional Use Permit 2439-03 (hereafter, the CUP)
was filed by the Applicant in accordance with the provisions of the City of
Orange Municipal Code; and WHEREAS, the CUP was processed in the time and manner
prescribed by state
and local law; and WHEREAS, the CUP is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA
Guidelines Section 15301 (Class
1, Existing Facilities); and WHEREAS, on April 19, 2004, at a duly notice
public hearing, the Planning Commission reviewed the CUP and
recommended denial thereof; and WHEREAS, the City Council conducted a duly advertised public
hearing on July 13,2004, for the purpose of
considering the CUP; and WHEREAS, as further set forth in this Resolution, the
City Council has determined that with the addition of specified conditions that the CUP should be
approved finds that the CUP serves the
public convenience or necessity.NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF ORANGE that the CUP to allow off-premise sale of beer
and winefor an existing gas station/mini-mart is hereby approved based
on the following findings, which are individually and collectively supported by substantial
evidence contained in
the record before the
City Council:SECTION 1 - FINDINGS L The proposed CUP is consistent with sound principles of
land use and is in response to services required by the community, in that the
CUP will allow patrons to purchase beer and wine at a well-lit, clean and
secure store whose primary purpose is not the sale of alcohol and increases the ability of
patrons to conduct one stop shopping,which may alleviate
2. The CUP will not adversely affect the welfare of the surrounding community
and will not result in an undue concentration of premises for the sale of alcoholic
beverages. While there is what is primarily a liquor store selling beer and wine just 320
feet away, the next nearest store selling beer and wine is Yz mile away. The location for
the CUP has not generated a significant number of calls for police services and if
properly operated in accordance with the terms of the CUP, should not result in a
significant increase in calls for service. Evidence was received that a nearby large
church, the Crystal Cathedral, supports the issuance of the CUP. A petition containing
signatures from residents in the area also supported the CUP and one resident testified
that he does not like to the liquor store because it is not as secure and clean as the
subject site. Although the nearby Kaiser Permanente facility has a Substance Abuse
Program, no significant evidence was presented which tends to show that the sale of
beer and wine will have any negative impacts on that program.
3. Because the CUP will provide a clean, well-lit and secure store for patrons
to purchase beer and wine it may create market pressure in the area causing the
nearby liquor store to improve conditions on its
property.4. For the above reasons, the City Council makes the required Department
of Alcohol Beverage Control finding of convenience and necessity for this Type 20 (
Off-Sale Beer and Wine)
License.SECTION 2 - ENVIRONMENTAL REVIEW
The CUP is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class I, Existing Facilities).
SECTION 3 - CONDITIONS OF APPROVAL BE
IT FURTHER RESOLVED that the following conditions are imposed with approval:
General
Conditions 1.
The premises shall comply with all applicable State Alcoholic Beverage Control Board
requirements.2.
At any time the ABC License is sold or possession is transferred to a person,firm,
or entity other than the applicant to which the conditional use permit was issued,the
City shall review the operations of the new owner or operator to insure the original conditions
of approval are complied with.3.
The Applicant/owner shall provide to the City written notice of its intent to sell or
transfer the ABC License.2
4. The Applicant/owner shall not employ or use any person in the sale or service of
alcoholic beverages in or upon the licensed premises while such person is unclothed per
section 143.2, 143.3 of the Department of Alcoholic Beverage Control, Title 4.
Police Department
5. This conditional use permit shall be reviewed at six months and one year from
the date of approval. The review shall be conducted jointly by the Community
Development Director and Police Chief or his 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 Conditional Use Permit. If
such issues are identified, the Conditional Use Permit shall be presented to the City
Council for its consideration of conditions, modifications or revocation and
notwithstanding the above, a report shall be made to the City Council in accordance
with condition 29 below.
6. There shall be no live entertainment, amplified music, or dancing permitted on
the premises at any time.
7. There shall be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages, which are clearly visible to the
exterior, shall constitute a violation ofthis condition.
8. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control ofthe licensee, including the adjacent parking lots.
9. There shall be no coin-operated games maintained upon the premises at
any
time.10. The windows of the premises shall not be tinted or covered in a way
that obstructs a clear view of the interior of the premises from the
exterior.11. No alcoholic beverages shall be sold from ice tubs or
containers.12. Owner shall be responsible for and cause the immediate removal of any and
all graffiti that appears upon the property within 72 hours of discovery. The
management is responsible for maintaining free of litter the area adjacent to the premises over
which he/she has
control.13. 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.
14. All employees of petitioner who sell or serve alcoholic beverage products shall
be required to complete a training program in alcoholic beverage compliance, crime
prevention techniques and the handling of violence. For new employees of petitioner,
such training program must be completed within 30 days of the date of hire. The
employees must provide the City of Orange Police Department, Vice Unit a copy of a
completed Alcohol Management program (AMP) certificate.
The following are standard conditions applicable to all conditional use permit
applications:
IS. 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 permit, save and except that caused by
the City's active negligence.
16. 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 sue will be cause
for revocation of this permit.
17. The CUP shall become void if not used within two years from the date of
approval. Time extensions may be granted for up to one year, pursuant to O.M.C.
Section 17.08.060.
Special Conditions Offered by Applicant and Accepted by the City Council (some may
duplicate other conditions in this Resolution, including those contained in the Orange
Municipal Code):
18. There shall be no sales of single cansfbottles of beer; sales of beer in six (6)
packs or greater.
19. No fortified wines.
20. Wine shall only be sold in bottles of at least 750 ml and wine coolers in a four
pack or greater.
21. Sales of cold beer and wine shall be restricted to two cooler doors located next
to a well-supervised sales/Subway
counter.22. All sales of wine and warm beer shall be in an area next to the cashier's
counter for supervision and
control.23. Beer and wine sales shall cease at 10:00 pm. at which time the cooler doors
shall be
locked.24. Owner and manager(s) shall attend alcohol sales training from the
Department of Alcoholic Beverage
Control.
25. No pay telephone(s) shall be installed on the property.
26. "No Loitering" signs shall be placed in a visible location to both pedestrians and
motorists on the property and enforced by the applicant.
27. The property shall have the following security measures:
a. Provide 16 operable closed circuit security cameras that survey both the
interior and exterior of the property;
b. The cashier must have a clear view of the interior and exterior of the
property and in particular, areas of alcoholic beverage sales and display;
c. Conditions on the types and quantities of alcoholic beverages sold;
d. The property shall be adequately lighted and in a manner which enables
all security cameras to clearly record during nighttime and daytime operations.
28. The Applicant acknowledges that, other than the wholesale purchase of beer and
wine for retail sale, it will not be expending any significant money for structural
modifications or other improvements to its facility in reliance on the CUP and that it has
offered, as a condition of approval, to have the CUP expire after 12 months unless
renewed by the City Council. However, the validity of temporary l2-month CUP is
in question. The Applicant agrees to cooperate with staff to the fullest extent in
reporting to the City Council on or about 30 days from the anniversary date of the adoption of
the CUP, concerning any issues or violations by Applicant of any of the CUP
conditions and make recommendations concerning any new conditions, modifications
or revocation of the CUP. The Applicant further agrees that if the CUP is revoked at
any time within 18 months of adoption, that it will not claim in any future legal
challenge that it has spent significant sums in good faith reliance on the issuance of the
CUP.Code
Provisions The CUP shall be subject to applicable provisions in the Orange Municipal
Code,including, but not limited to Section17.30.030, entitled "Alcoholic Beverage Controls", and
in particular Subsection F of Section17.30.030, as it relates to off-site sale
of alcoholic beverages in conjunction with
motor fuel.ADOPTED this 24th day of
August,
2004.
I
ATTEST:
cL
MaryE.~, City Cl~fOrange
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 24th day of August, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Coontz
COUNCILMEMBERS: Murphy, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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