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RES-8443 Regarding Restaurant Retail Use at 182 South Orange StreetRESOLUTION NO. 8443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE FINDING THAT A RESTAURANT/RETAIL USE OF STRUCTURE AT 182 SOUTH ORANGE WILL HAVE NO GREATER IMPACT THAN PREVIOUS CHURCH USE WHEREAS, a proposal has been received to operate a restaurant and book/retail store at 182 South Orange Street; and WHEREAS, a church presently is located at this site and had been considered a land use which did not conform to the Zoning Code since no off-street parking was available to accommodate the parking of automobiles associated with the church; and WHEREAS, the proponent proposes to acquire an abutting parcel in order to provide 23 off-street parking spaces to accommodate the new use. 47 off-street parking spaces would normally be required to comply with the Zoning Code; and WHEREAS, Section 17.90.020 of the Orange Municipal Code states that "a non-conforming use of a building may be changed to another nonconforming use which in the opinion of the City Council is of the same or more restricted classification"; and WHEREAS, a report from the Director of Community Development states that the non conforming issue is one of off-street parking and that the off- street parking situation would be improved with the proposal.NOW, THEREFORE BE IT RESOLVED that the City Council finds that the proposal will result in no greater impact than the previous church use and that the previous non-conforming use as a church may be changed to the proposed non-conforming use as a restaurant and book/retail store since it is of the same or more restricted classification.BE IT FURTHER RESOLVED that the proponent shall comply with the following conditions:1. The site will be used for a restaurant (3,000 sq. ft. within building and700 sq. ft.within patio) and book/retail store (2,000 sq. ft.).2. No alcohol will be served. 3. No live entertainment will be provided.4. Business will be open at 6:30 A. 5. Restaurant/retail use will occupy the site only so long as adjacent 23 parking spaces are provided for use by the restaurant/book store. 6. That deed restrictions shall be recorded on both the building parcel and parking parcel, agreeing that they shall be tied together as one. 7. That the business operator shall require all employees to park in designated areas only, and shall provide posted notices and encouragement for customers to park in provided parking. 8. This action shall be reviewed by the City Council six months after commencement of business in order to confirm that all conditions are met and to ascertain impacts of the business to the neighborhood. ATTEST: ADOPTED this ----1Lth day o~ jbrUarV , 1995. Ppo:J-.. 6rofthe City of Orang C./ 4A~ g~~44V Ity Clerk oft City~O~ ge 1 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 ~ th of P"hrnary , 1995, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: SLATER 4.t~~c1ty Clerk oft City r~Reso No. 8443 2-SSH:dg