RES-9023 Granting Conditional Use Permit No. 2243-98RESOLUTION NO. 9023
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 THE RETAIL SALE OF
ALCOHOLIC BEVERAGES IN AN M-2 ZONE,
UPON PROPERTY LOCATED AT 2164 NORTH
BATAVIA
STREET.Conditional Use Permit No.
2243-98 Applicant: Young's
Market
Co.RECITALS:After report thereon by the Planning Commission and after due public hearing
as required by law, and after receiving a recommendation from the Planning
Commission, recommending,by Resolution No. PC 70-98, that a conditional use permit to allow the retail
sale of alcoholic beverages upon property located at 2164 North Batavia Street, located in an
M-2 zone, be approved, the City Council considered said recommendation
in conjunction with Conditional Use Permit No. 2243.98 and the testimony received at said public
hearing and determined that the recommendation of the Planning Commission should be upheld
and Conditional Use Permit
No. 2243-98 be granted.Subject property is
more particularly described as follows:Upon the public hearing before the City Council,
the following facts were established:1. The applicant, Young's Market Co. is a licensed
beer and wine importer and wholesaler of
beer, wine and distilled spirits.2. The applicant's facility consists of approximately
210,000 square
feet, with approximately 150 employees.3. In the course of applicant's business of shipping
and receiving beer and wine,there is breakage and other damage rendering products unable to be
sold to the general
public,but salable to employees.4. Alcoholic beverage control laws prohibit
the applicant from selling such distressed beer and wine to its own
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Conditional Use Permit No. 2243-98 be granted for the following
reasons:1. The project is approved based upon sound principles of land use and in response
to servi(:es required by the
community.2. The project will not cause deterioration of bordering land uses or create special
problems for the area in which it is
located.3. The project has been considered in relationship to its effect on the community
or neighborhood plan for the area in which it is located and no negative effect has been
found.4. The project is approved subject to conditions necessary to preserve the general
welfare and not the applicant's individual
welfare.5. The issuance of a new license at this location serves the public convemence
and
necessity.BE IT FURTHER RESOLVED that the following conditions of approval are
imposed:I. 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 2243-98 after six months of operation. 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
fo this conditional use permit
as needed.3. If the off-sale license is sold or otherwise transferred, the City will
review the operations of the new owner or operator to ensure that all conditions
of
approval are sustained..4. Young's Market Company will provide written notice to the City at any
time the license is sold or otherwise transferred to another person, firm or entity other
than Young's Markets Company, LLC, or Young'
s Holdings, Inc..5. 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 the
City'
s active negligence.6. Young's Market Company 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.Reso
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
apply to the project.
A conditional use permit expires automatically if it is abandoned or inactive for a period
of 24 months from the date of approval. An extension of time may be permitted upon a
written request, if received before the expiration deadline.
Adopted the 24th day of November, 1998.
e Coontz, Mayor ofthe Ci of Orange
ATTEST:
Ld4.uA'~~~ ~
Cassandra J. Ca ,CIty Clerk of the 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 24th day of November,
1998, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: ALVAREZ
A~~r1i~Cassandra J. Cathc ,City Clerk of the City of Orange
MEB
3 Reso No. 9023