RES-8995 Denying Appeal No. 441RESOLUTION NO. 8995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DENYING APPEAL NO. 441 AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE TO DENY A
CONDITIONAL USE PERMIT TO ALLOW THE OFF
SALE OF BEER AND WINE UPON PROPERTY LOCATED
AT 1100 WEST CHAPMAN AVENUE.
Appeal No. 441
Conditional Use Permit No. 2194-
97 Appellant and Applicant: Mr. K's,
Inc.Rl~
CITALS:WHEREAS, on December I, 1997, the Planning Commission conducted a
public hearing as required by law to consider Conditional Use Permit No. 2194-97 for
property located at 1100 West Chapman
Avenue; and WHEREAS, the proposed project is generally described as an application
for a Conditional Use Permit to allow the off sale of beer and wine from an
existing specialty supermarket called Mr. K's ("Senior K'
s"); and WHEREAS, the subject property is more particularly described
as follows:Lots 3 and 4 of Tract 1263, as per map recorded in Book 38, Page
45 of Miscellaneous Maps, records of
Orange County.WHEREAS, by Resolution No. 55-97, the Planning
Commission denied Conditional Use Permit No. 2194-97
with certain findings; and WHEREAS, Appeal No. 441 was timely filed by the applicant, Mr.
K's, Inc.: and WHEREAS, the City Council heard the appeal of Mr. K's, Inc.,
by conducting a public hearing on
February 24,1998; and WHEREAS, at said public hearing, the City Council heard the
testimony of appellant as well as members of the public and found the facts more particularly
set forth as follows:1. The appellant obtained a number of signatures on a petition
in favor of allowing Mr. K's to
sell beer and wine.2. There are seven off-sale licenses in the census tract
in which the appellant is located. Alcoholic Beverage Control has determined that
3. The Police Department believes the area is over concentrated and public
convenience or necessity would not be served by allowing alcohol sales at the location.
4, Four members of the public testified in opposition to the project, citing traffic and
public: safety concerns as well as the absence of a need for liquor sales at appellant's location.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Appeal No. 441 is denied and Conditional Use Permit No. 2194-97 is denied for
the following
reasons:1, The foregoing recitals are true and
correct.2. The location of the proposed use has an existing over-concentration
of liquor licenses providing ample opportunity to the public to buy beer and wine, and the
proposed use will not serve public convenience
or necessity.Adopted the 25th day of
August, 1998.ayor
Joanne
Coontz
ATTEST:f.Reso No.
I hereby certify that the foregoing Resolution was duly and regularly adopted by
th~: City Council of the City of Orange at a regular meeting thereof held on the 25th day of
August, 1998, by the following vote:
AYES:COUNCIL MEMBERS: MURPHY. SLATER, COONTZ. SPURGEON,
ALVAREZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
City Clerk of City of Orange
3 Reso No, 8995