Gas station’s request denied

The Costa Mesa Planning Commission on Monday denied a request from a Conoco Phillips gas station and convenience store asking that a permit be amended to allow it to sell single containers of beer and wine, and display advertisements of alcohol on its store windows.

The commission voted 2-3, with commissioners Donn Hall and James Fisler supporting Conoco Phillips’ request.

Commission Chair Bill Perkins and commissioner Bruce Garlich decided to uphold the city’s staff recommendation not to amend the conditional-use permit.

Wendy Shih, the city’s associate planner, said city staff members think the sale of single containers of beer and wine would be detrimental to the health, safety and welfare of the public. Buyers of single servings of alcohol tend to want to drink it right away and are more prone to drunken driving and loitering, Shih said. Explaining why he was denying the request, Perkins told of a recent experience in which he witnessed a drunk man buy a single container of alcohol at a Lake Elsinore convenience store, drink it in his car, and then drive off.

Garlich based his vote on a decision the City Council made in 1997 to develop operational standards for convenience stores that include conditions prohibiting single servings of alcohol and the advertisement of it outside the store.

“The city nine years ago chose to err on the side of caution, so I think of continuing that policy,” Garlich said.

Police officials do not object to the property owner’s request, Shih said. But city staff members note the store, at 3067 Bristol St., is in an area where crime exceeds 20% of the city-wide average crime rate, and the ratio of the number of Department of Alcoholic Beverage Control licenses to population within the census tract exceeds the county-wide ratio; four allowed, and 10 existing.

Mike MacFarland, a director at Tait and Associates, spoke on behalf of Conoco Phillips saying his client has been a responsible business owner in Costa Mesa for six years.

He said his client was requesting the permit be amended because of the many requests for the sale of single containers of alcohol from customers. MacFarland also said that the business has no ABC violations, and no police calls involving loitering and incidents involving alcohol. Police have responded to the store for crimes such as petty theft and unlicensed drivers, he said.

Susanne Park, the Conoco Phillips district manager for Orange County, spoke on the training employees go through involving the sale of alcohol.

Commissioner Donn Hall said you cannot control the consumption of alcohol in society.

“People are going to drink irresponsibly no matter how you limit their availability of liquor,” Hall said. “I just think this social control of our citizens is ridiculous. We keep getting close to prohibition.”