RES-9093 Denying Appeal Nos. 453A and 453BRESOLUTION NO, 9093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE DENYING APPEAL NOS. 453A AND 453B AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE TO APPROVE A
CONDITIONAL USE PERMIT TO ALLOW OUTDOOR
WEDDINGS AND RECEPTIONS WITH ATTENDANCE NOT
EXCEEDING 150 PERSONS AT AN EXISTING HISTORIC BED
AND BREAKFAST INN AND ALLOWING SHARED PARKING
AND OPERATION OF A SHUTTLE SERVICE UPON
PROPERTY LOCATED AT 248 S. BATAVIA STREET.
Conditional Use Permit No. 2268-
98 Applicant: John and Sarah
Pearson Appeal No. 453A filed by Appellant Larry D.
Johnson Appeal No. 453B filed by Appellant John and Sarah
Pearson
RECITALS:WHEREAS, on January 4, 1999, the Planning Commission of the City of
Orange conducted a public hearing as required by law to consider Conditional Use Permit No.
2268-
98;and WHEREAS, the proposed Conditional Use Permit was to allow outdoor
weddings and rec:eptions for groups up to 200 persons at an existing historic Bed and Breakfast Inn
and to allow shared parking and operation of a shuttle service per Orange Municipal
CodeSection 17.34.
100; and WHEREAS, the subject property is located at 248 S. Batavia Street
more particularly described
as follows:COMMENCING AT A POINT 406.7 FEET SOUTH OF
THE SOUTHWEST CORNER OF RICHLAND FARM LOT S7, IN THE CITY
OF ORANGE,COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK S, PAGE 123, OR MISCELLANEOUS MAPS
OF LOS ANGELES COUNTY, CALIFORNIA; THEN SOUTH 102.13
FEET; THENCE WEST 8S8 FEET; THENCE NORTH 102.13 FEET AND THENCE
EAST 8S8 FEET TO THE POINT
OF BEGINNING;EXCEPTING THE WEST 1
ACRE THEREOF.ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED
IN A FINAL ORDER OF CONDEMNATION IN FAVOR OF
ORANGE SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA, A CERTIFIED
WHICH WAS RECORDED JUNE 26, 19S3 IN BOOK 2S28, PAGE 484, OR
OFFICIAL RECORDS; and
WHEREAS, by Resolution No. 3-99, the Planning Commission approved
Conditional Use Permit No. 2268-98 with revisions and certain
findings; and WHEREAS, Appeal Nos. 4S3A and 4S3B were timely filed by the appellants,
Larry D.Johnson and John and Sarah Pearson,
respectively; and WHEREAS, the City Council heard the appeals by conducting a public
hearing on March 23,
1999; and WHEREAS, at said public hearing, the City Council heard the
testimony of approximately twelve members of the public and found the facts more particularly set
forth
as follows:1. The proposal is granted upon sound principles of land use and in
response to social[ events services required by
the community.2. With conditions in place and as revised, the proposal will not
cause deterioration ofboJrdering land uses or create special problems for the area in which it
is located.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, the Old Towne Historic
District
in particular.4. The proposal is made subject to the following conditions necessary to
preserve the general welfare and not the individual welfare of
the applicant:1) Within two (2) days of the final approval of this project, the applicant shall deliver
to the PI[anning Division a cashiers check for $38.00, payable to the County Clerk, to
satisfy the County administrative fee for filing the Notice of Determination required
under Public Resources Code 2115214 Cal. Code
Regulations IS07S.2) Project shall be developed in accordance with the plans approved by
the Planning Commission and as modified by
conditions herein.3) All conditions shall be listed on the first page of all plan sets submitted to City
for
building permits.4) No more than 3 large events per month shall be conducted in the months of May,
June, July,August and September; and no more than 2 large events per month during
the remaining months. Large events shall be defined as having from SI to a maximum of
ISO persons,including guests and staff. The overall maximum number allowed on the premises
at any time is
ISO persons.Reso No.
S) Large events shall be prohibited on any two consecutive evenings.
6) Events shall not begin prior to 9:00 A.M., and no set up activity or preparation for events
shall begin before 8:00 A. M.
7) Lighting shall be controlled so that adjacent parcels are shielded from direct illumination and
glare.
8) The use of public address and other sound systems in the front yard is limited to the spoken
word, vocalists, and/or two (2) instruments.
9) Persons attending private events shall be admitted by invitation only. Invitations to events
shall restrict location and map directions to only remote parking location. Events may not be
opened to allow general admission, and admittance fees shall not be charged.
10) All event activities shall conclude by 9:00 p.m., and all clean-up activities shall
be concluded, and the premises vacated, by 9:30 p.
m.11) The applicant shall provide a shared parking agreement for access to and use of a
minimum of 87 spaces in a parking facility, as well as evidence of a contract for shuttle services
for guests. This requirement is applicable to all events subject to this CUP. Form and content
of this agreement shall be acceptable to the City Attomey, the Cornmunity
Development Director, and follow City policy on such agreements. Applicant shall notify the City
upon termination of such
agreement.12) Applicants shall provide a quarterly schedule of large events to the Director of
Community Development and to distribute same to neighboring property owners and their
tenants.13) If, for any reason, the applicant's parking agreement is interrupted or terminated, events
shall cease and desist until an adequate parking solution is approved and implemented to
the satisfaction of the Director of Community
Development.14) The applicant shall be responsible for the control of guest activities related to the
permitted use. Calls for police service generated by the business shall be monitored by the
Crime Prevention Bureau to determine the level of service that is used in response to
complaints about or upon the
facility.IS) Should the level of police services demonstrate that the owners have not controlled
excessive or unnecessary activity resulting in high use of police services, then at least one
licensed,uniformed security guard must be provided for each fifty people or fractional number
thereof.The security officer must be present during all hours of operation, and 1 hour following
the
event.16) The French Inn is an R - 3 occupancy per the Uniform Building Code and is not approved for
assembly use inside the residence or for commercial cooking. Gatherings of SI or more
people shall be limited to outside only. Cooking for events shall not be permitted on site.
3 Reso No. 9093
17) Should the level of police services continue to demonstrate that the owners have not
controlled excessive or unnecessary activity, then this Conditional Use Permit shall be
referred to the Planning Commission for modification to conditions of approval or possible
revocation.
18) 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 City's active
ntlgligence.
19) The applicant shall comply with all federal, state, and locallaws. Violation of any of those
laws in connection with the use will be cause for revocation ofthis permit.
20) Use of alcohol on premise is limited to beer and wine.
21) No refrigerated trucks or trucks with generators shall be allowed to operate on site.
22) Except as otherwise limited herein, music and entertainment on site is limited to a maximum
of three (3) musicians or a disc jockey, at a volume not to exceed SS decibels. The
suggestions of a planted arbor for sound attenuation and speakers directed west to the school
shall be taken under advisement by the applicant.
23)Two (2) special events of up to maximum of 200 guests shall be allowed in 1999. Such
special events will not be allowed after 1999.
24)Tl1e driveway to the property shall be maintained in a manner that allows access for safety
arid emergency vehicles at all times.
The following code provisions are applicable to this project and are included for information
only. This is not a complete list of requirements, and other Code provisions may also apply.
If not used, this approval shall expire two years from the date of approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Appeal Nos. 4S3A and 4S3B are denied and Mitigated Negative Declaration No. IS89-
98 and Conditional Use Permit No. 2262-98 are 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 13th day of
April, 1999.7'J: J~tw~e!
M>tT yor Joanne
Coontz
j
V J Reso No.
ATTEST:
j1/~:f:1i&A/AUL
City Clerk 0 e CIty of Orange
I 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 13th day of
April, 1999, by the following vote:
AYES:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON,
ALVAREZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
d:raUA~CIty Clerk 0 e CIty of Orange
MEB
s Reso No. 9093