RES-9002 Granting Conditional Use Permit No. 2218-98RESOLUTION NO. 9002
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE UPHOLDING THE
RECOMMENDATION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE AND
GRANTING A CONDITIONAL USE PERMIT TO
ALLOW RETAIL SALES OF PACKAGED ALCOHOLIC
BEVERAGES, PRlMARlL Y WINE, THROUGH MAIL-
ORDER FROM A WAREHOUSE UPON PROPERTY
LOCATED AT 2326 BATAVIA STREET, UNIT 110.
CONDITIONAL USE PERMIT 2218-
98 PRP WINE INTERNATIONAL,
INC.
RECITALS:After report thereon by the Planning Commission and after due public hearings
as required by law, and after receiving a recommendation from the Planning
Commission,recommending, by Resolution No. PC 30-98, that Conditional Use Permit
2218-98 be granted to allow retail sales of packaged alcoholic beverages, primarily
wine, through mail-order from a warehouse upon property located at 2326 Batavia Street, Unit
110, the City Council considered Conditional Use Permit 2218-98
and determined that the recommendation of the Planning Commission should be upheld
and Conditional Use Permit 2218-98 be granted. Subject property is
more particularly described as follows:ASSESSOR'S PARCEL NO. 374-751-
07 (4.
88 ACRES ADJACENT TO THE COLLINS CHANNEL).During the public hearing, the
City Council found the facts as follows:I, The request is granted partly upon
the basis of an accompanying staff report,rod in response
to retail services required by the community.2, The sale of alcoholic beverages
will not cause deterioration of bordering land uses or create special problems for the industrial area in
which it
is located, nor in nearby residential areas.3. This request was considered with respect to
the city's General Plan, which is the only community or neighborhood plan for the area in which
the site is located, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Conditional Use Permit 2218-98 be granted subject to the following
conditions:1. The sale of alcoholic beverages shall not be promoted by means of exterior display
of signs, posters, pictures, or products, or by visibility from outside the building of any
such
display,2. The city shall review CUP 2218-98 after six months of operation to determine if
the retail sales of alcoholic beverages from PRP Wines International continue to be
an insignificant portion of total retail sales, and to determine whether such sales shall continue.
Review shall be conducted by the Community Development Director and the Police Chief,
or designees.The review may investigate other issues such as loitering, vandalism,
criminal activities,noise or nuisance resulting from approval of this conditional use permit.
Each department may recommend new conditions, modification, or potential revocation of this
conditional use permit,
as needed.3. At any time the license is sold or possession is transferred to another person,
firm, or entity other than PRP Wine International, the city shall review the operations of
the new owner or operator to ensure that all conditions of approval
are sustained.4. PRP Wine International will give written notice to the city at any time the license
is sold or otherwise transferred to another person, firm, or entity other than
the applicant.5. PRP Wine International agrees to indemnity, hold harmless, and defend the
City, its offil~ers, 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 the city's
active negligence.6. PRP Wine International shall comply with all federal, state and local laws.
Violation of any of those laws in connection with the use will be cause for revocation of
this permit.ADOPTED this 22nd day of
September, 1998.e
Coontz,
Mayor ATTEST:1t{Ur~1d (j2/#/~:;(Cassandra], Cat ,
City Clerk Reso No.
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 22nd day of
September, 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
1Ad~ ACJ.Mi4it &.nA'A;v;A"
Cassandra J. Cathc , ity Clerk
MEB:ajj
3 Reso. No, 9002