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Home My WebLink About96-16 - Approving Planning Action PA-96-03, CUP for Concurrent Sale of Alcoholic Beverages and Motor Vehicle FuelRESOLUTION NO. 96-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-03, A CONDITIONAL USE PERMIT FOR THE CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Scott Peotter, authorized agent for Union Oil of California, doing business as UNOCAL/Philip Dedge, with respect to property located at 2281 Newport Boulevard, Costa Mesa, requesting a Conditional Use Permit to allow the concurrent sale of beer and wine and motor vehicle fuel at the gas station, in a C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on January 8, 1996; and WHEREAS, an interested party filed an appeal of said Planning Commission decision on January 15, 1996; and 1996; WHEREAS, the City Council held a duly noticed public hearing February 20, NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and findings contained in Exhibit "A2", and subject to conditions contained in Exhibit "B1" and the applicant's voluntary conditions attached hereto, the City Council hereby APPROVES the Conditional Use Permit to allow concurrent sale of beer and wine and motor vehicle fuel with respect to Planning Action PA -96-03 as described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon operation of the business or activity in the manner described in the staff report for Planning Action PA -96-03, and upon applicant's compliance with each and all of the conditions contained in Exhibit "B1" and the applicant's voluntary conditions. Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, then this Resolution, and any approvals herein contained, shall be deemed null and void. PASSED AND ADOPTED this 20th day of February, 1996. ATTEST: 3L�L�� - -e�� - Deputy City rk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) May f the City of Costa Mesa I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 96-16 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20th day of February, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21st day of February, 1996. Deputy City lerk and ex -officio Clerk of the City Co cil of the City of Costa Mesa EXHIBIT "A2" FINDINGS APPL. PA -96-03 Conditional Use Permit - concurrent sale of alcoholic beverages and motor vehicle fuel. A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347 in that the proposed use is compatible with developments in the same general area; granting the Conditional Use Permit will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity in that mathematically while there is overconcentration of off - sale liquor licenses, the proposed use is unique within the census tract. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has bee found to be exempt. C. The project is exempt from Article 222, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B1" CONDITIONS OF APPROVAL APPL. PA -96-03 Ping. 1. Incorporate voluntary suggested conditions on parameters of operational authority, as provided by applicant. 2. The applicant shall acquire an existing liquor license within the City of Costa Mesa for this site. CODE REQUIREMENTS Ping.l. No alcoholic beverage shall be displayed within five feet of the cash register or the front door unless it is in a cooler which was permanently affixed prior to January 1, 1988. 2. No sale of alcoholic beverages shall be made from a drive-in window. 3. No alcoholic beverages shall be sold or displayed outdoors. 4. No display or sale of alcoholic beverages shall be made from an ice tub. 5. No alcoholic beverage advertising shall be located on motor fuel islands, and no self -illuminated advertising for alcoholic beverages shall be located on buildings or windows. 6. Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell alcoholic beverages. UNOCAL APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 5067 2281 NEWPORT BLVD COSTA MESA, CALIFORNIA Applicant voluntarily agrees to limit the parameters of his operation as follows: 1. The issuance of a use permit shall be subject to periodic review. 2. Alcoholic beverage sales shall be limited to beer and wine only with no hard or malt liquor sold; 3. The site operator and employees will be required to attend, participate and successfully complete a three week training program which will include and is not limited to training segments on safety, accident prevention, robbery deterrence, personal safety, responsible tobacco retailing, loitering, deterrence, effective alcohol management, facility maintenance and litter control. All facility personnel will be required to participate in quarterly reviews; 4. The hours of sale of beer and wine shall be limited so that no sales occur before 6:00 a.m. or after 1:00 a.m. daily; 5. Applicant shall post signage at food mart precluding consumption of alcoholic beverages on site and precluding loitering; 6. Applicant shall post signs at the food mart in compliance with any -and all municipal codes notifying the public in both in English and predominant second language in the area with regard to open containers. 7. Exterior advertising shall comply with all local sign ordinances and there will be no advertising indications of the availability of alcoholic beverages; 8. There will be no beer and wine advertisement located on the motor fuel island; �....y. UNOCALS APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 5067 2281 NEWPORT BLVD COSTA MESA, CALIFORNIA 9. No fortified wines shall be sold; 10. No ice in quantities of less than 2 pounds shall be sold, furnished or given away; 11. No beer and wine will be displayed within five feet of the cash register or the front door, unless, of course, it is in a permanently affixed cooler; 12. No beer or wine display will be made from an' ice tub; 13. No single can sales of beer, 40 ounce or Magnum beers will be permitted; 14. No sale of beer and wine will be made from a drive - in window; 15. No self illuminating advertising for beer and wine shall be located on the building or windows; 16. Employees on duty between 7:00 p.m. and 1:00 a.m. who sell beer and wine shall be at least 21 years of age; 17. There will be no coin operated amusement devices or video games on the premises; 18. All products sold at the FASTBREAK food mart must be preapproved by Unocal; MI - APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 5067 2281 NEWPORT BLVD COSTA MESA, CALIFORNIA 19. Applicant will secure the premises with appropriate security lighting and employee scrutiny of the adjacent areas under which applicant has control to preclude trash, graffiti or littering and any lighting under the control of applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. Applicant shall further provide adequate lighting above the entrance to the premises sufficient in strength to make visible the identify and actions of all persons entering or exiting the premises; 20. The applicant shall maintain free of litter all areas of the - premises under which applicant has control; 21. Any graffiti painted or marked upon the premises shall be removed or painted over within 72 hours of the discovery thereof; 22. A sign will be posted in the window to identify that the cash register contains $50.00 or less in cash and the drop safe is not accessible to employees; 23. There shall be no sale or rental of any adult magazines, videos, tapes, discs or films at this location; 24. The public restroom will be available for public use while the FASTBREAK food mart is open for business; 23. The food mart is equipped with a security camera that is capable of receiving an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras will be maintained in proper working order at all times and shall be subject to periodic inspection by the local police department. UNOCAL APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 5067 2281 NEWPORT BLVD COSTA MESA, CALIFORNIA 24. The applicant shall provide adequate lighting above the entrance to the premises sufficient in strength to make visible the identity and actions of all persons entering or exiting the premises; 25. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 26. Signs and curb painting shall be utilized on site to encourage parking in designated parking spaces;