RES-9080 Denying Appeal No. 452RESOLUTION NO. 9080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DENYING APPEAL NO. 452 AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE TO
APPROVE A CONDITIONAL USE PERMIT TO ALLOW
THE OFF-SALE OF BEER AND WINE FOR
AN EXISTING FOOD MARKET UPON
PROPERTY LOCATED AT 1095 NORTH GLASSELL
STREET.Appeal No.
452 Conditional Use Permit No.
2263-98 Applicant: Don
Miguel Market Appellant: Councilman
Daniel
Slater RECITALS:WHEREAS, on December 21, 1998, the Planning Commission of the City
of Orange conducted a public hearing as required by law to consider Conditional Use Permit
No.
2263-98;and WHEREAS, the proposed Conditional Use Permit was to allow the off-
sale of beer and wine for an existing food market upon property located at 1095
North Glassell Street; and WHEREAS, the subject property is more
particularly described as follows:LOTS 1 AND 2 OF TRACT NO. 2733, AS
PER MAP RECORDED IN BOOK 93, PAGE 42 OF MISCELLANEOUS MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
CITY OF ORANGE,
COUNTY OF ORANGE; and WHEREAS, by Resolution No. 98-98,
the Planning Commission approved Conditional Use Permit No.
2263-98 with certain findings; and WHEREAS, Appeal No. 452 was timely filed
by
the appellant, Council Daniel Slater;and WHEREAS, the City Council heard the appeal
of appellant by conducting a public
hearing on February 9, 1999; and WHEREAS, at said public hearing, the City Council
heard the testimony of members of the public and found the facts
1. The proposal is granted upon sound principles of land use and in response to
services required by the community, notwithstanding the currently existing off-sale liquor
sales locations in the
vicinity.2. The proposal will not cause deterioration of bordering land uses or create
special probl'~ms for the area in which it is located. Approval of this CUP will not cause an increase
in the crime rate for that police reporting district, nor will there be any adverse effect from
over concmtration ofliquor licenses in that police reporting
district.3. The proposal has been considered in relationship to its effect on the community
or neighborhood plan for which the area in which it is
located.4. The proposal is made subject to those conditions necessary to preserve the
general welfare and not the individual welfare of the applicant. The conditions of approval outlined
in Planning Commission Resolution No. 98-98 are approved subject to the
following modifications:Condition No.4 shall be revised to reflect the hours of operation being limited to 8 a.m.
to 11 p.m., seven days a week; and new Condition No.8 shall be added that the CUP shall
be reviewed within 12 months of beginning
of operation.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Orange that Appeal No. 452 is denied and Conditional Use Permit No. 2263-98 is
approved for
the following reasons:1. The foregoing recitals are
true and correct.2. The findings required by Orange Municipal Code Section 17.10.030.
F are met.Adopted the 23'" day
of
February, 1999.ATTEST:a.&
l~uA2u&t~City Clerk oft
CIty of Orange Reso
I hereby certify that the foregoing Resolution was duly and regularly adopted by
thfl City Council of the City of Orange at a regular meeting thereof held on the 23rd day of
February, 1999, by the following vote:
AYES:COUNCIL MEMBERS: MURPHY, COONTZ, SPURGEON
NOES:COUNCIL MEMBERS: SLATER, ALVAREZ
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
G#.u/~~
City Clerk of City of Orange
MEB
3 Reso No. 9080