RES-10222 Revoking Conditional Use Permit 2045 N. Tustin St.RESOLUTION NO. 10222
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, REVOKING AND REPEALING
IN ITS ENTIRETY, CONDITIONAL USE PERMIT
NO. 1389-85 WHICH ALLOWED THE
GENERAL ON-SALE (TYPE 47) OF ALCOHOL AT
A BONA FIDE EATING
ESTABLISHMENT, UPON PROPERTY LOCATED AT 2045
NORTH
TUSTIN STREET.REVOCA TION OF CONDITIONAL
USE PERMIT NO. 1389-85 (2045
NORTH TUSTIN STREET)WHEREAS, Orange Municipal Code (OMC) Section 17.10.030 I
provides that an approved conditional use permit for a restaurant with alcoholic beverage
sales shall become void if the use has ceased to exist for more than six (
6) months; and WHEREAS, due process requires notice and a public hearing before
a conditional use permit may be revoked
and repealed; and WHEREAS, OMC Section 17.10.030 H requires the Planning Commission
to hold a public hearing for the revocation of a conditional use permit and make
a recommendation to the City Council, who shall make the final determination on
a revocation; and WHEREAS, the Planning Commission conducted one duly
advertised public hearing on October 1, 2007, on the matter of the proposed revocation of Conditional
Use Permit No.1389-85 and at that public hearing determined that the
conditionally permitted use (restaurant with alcoholic beverage sales) has ceased to exist for more than
six (6) months; and WHEREAS, the Planning Commission adopted
Planning Commission Resolution No.38-07, recommending that the City Council of the City of Orange
revoke and repeal in its entirety Conditional
Use Permit No. 1389-85; and WHEREAS, the revocation of Conditional Use
Permit No. 1389-85 was processed in accordance with the provisions of
the City of Orange Municipal Code; and WHEREAS, this project is categorically
exempt from the provisions of the California Environmental Quality Act per StateCEQA
Guidelines Section
15301 (Class 1 - Existing Facilities); and WHEREAS, the City Council conducted
one duly advertised public hearing on October 23, 2007, on the matter of the proposed
revocation of Conditional Use Permit No.
1389-85 upon property described as
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby revokes and
repeals in its entirety Conditional Use Permit No. 1389-85 for a Type 47 (On-Sale
General -Bona Fide Eating Establishment), based on the following
finding:SECTION 1 - FINDINGS
1. Conditional Use Permits may be revoked if it is found that any ordinance or other
provision oflaw is violated in connection with the permit.
The foregoing recitals, accompanying staff report and public testimony, if any, are
hereby adopted as if fully set forth and stated herein.
Information obtained through the City Business License Department shows that the last
business to sell alcoholic beverages in conjunction with a bona fide eating
establishment vacated the subject property in December 2004. A subsequent restaurant
operated briefly from June 2005 through November 2005 but did not sell alcoholic
beverages. The subject location has been vacant since November 2005.
Additionally, on September 17,2007, City Staff contacted the office of the owner of the
property, Asbury Properties, and spoke with General Manager Stephanie Jackson. Ms.
Jackson stated that their office is located in Beverly Hills and would not be
participating in the hearing process because they had no objection to the City's
revocation of Conditional Use Permit No. 1389-
85.Based upon the foregoing facts, the City Council finds and concludes that the
use entitled by Conditional Use Permit No. 1389-85, permitting the general on-
site sale of alcoholic beverages in conjunction with a bona-fide eating
establishment has ceased to exist for more than six months. Accordingly, Conditional Permit
No. 1389-85 is hereby revoked
and repealed inits entirety.
SECTION 2 - ENVIRONMENTAL REVIEW This project is categorically exempt from the
provlSlons of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (
Class
1 - Existing Facilities ).ADOPTED this 23rd day
of
ATTEST:
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certifythattheforegoingResolutionwasdulyandregularlyadoptedbytheCityCounciloftheCityof
Orange at a regular meeting thereof held on the 23rd day of October, 2007, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavec,che, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Mary E.
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