RES-8392 Denying Conditional Use Permit No. 2067-94Ut8
a~~s NI~SO~ H~~ON 886t ~y aa~YO~IS
X~I~IOYa aRYI~~Ia eNI~SIXa NY ~Y eNIONYa
aNY ~aHNIY~~a~Na OISOW aAI~ .~~Y O~
IHHaa aso ~YNOI~IaNOO Y eNIXNaa aNY aeNYHO
ao X~IO aH~ ao NOISSIHHOO eNI~a aH~ ao
NOI~YaNaHKOO~ aH~ eNI~nUHaAO aeNYHO ao X~IO
aH~ ao ~IONnOO X~IO aH~ ao NOI~n~os~ Y
ON NOI~n~os~
U-L90
IaNOO S~Y~
IOa~S~0110J se paql~~sap Al~eln~l~~
ed a~om sl A~~ado~d ~~a~qns 'paluap aq ~6-L90Z .
ON ~1m2ad asn leuol~IPuoO pue paln~~aAo aq Plno~s uOIssI~
oO 6uluueld a~~ JO uOI~epua~o~a~ a~~ ~e~~ paulm2a~ap pue ~
ue~llddy a~~ Aq pallJ ZZ~ .ON leaddy ~~l~ uOI~~un~uo~ uI ~
6-L90Z .ON 1m2ad asn leuol~IPuoO pa~aPIsuo~ II~unoo A~IO
a~~ '~aa~~s uI~sn~ ~~~ON 886t ~e pa~en~ls A~III~eJ p~ellllq
6uI~slxa ue e 6uI~uep pue ~uamule~~a~ua ~lsnm aAll ~olle
o~ 'suoI~IPuo~ule~~a~ o~ ~~a~qns 'pa~ue~6 aq ~6-
L90Z .ON ~1m2ad asn leuol~IPuoO ~e~~ '~6-SZ-0d 'ON
uOI~nlosa~ Aq '6uIPua~0~a~uOIssI~oO 6uluueld a~~ mO~J uOI~
epua~o~a~
e
6uIAla~a~a~Je pue I~el Aq pa~lnba~ se
s6uI~ea~ ~llqnd anp ~a~Je pue uOIssI~oO 6uluueld a~~
Aq uoa~a~~ ~~oda~ ~a~JY unOO
a6ue~o JO sp~o~a~
t ~ooa
uI pap~o~a~elu~oJlleo
sdew la~~ed JO 9Z a6ed sdew
la~~ed JO t la~~ed
a~~ punoJ II~unoo ^~IO
a~~S~0110J se s~~eJ
6uI~ea~ ~llqnd a~~ 6uI~na sp~elllla pue ~
ue~ne~sa~ apans) ^~III~eJ sp~ellllq 6uI~slxa ue ~e
6uI~uep pue ~uamule~~a~ua lsnm aAll ~
olle o~ ~1m2ad asn leuol~IPuo~e 6uI~sanba~ sl 'A~eJe~ IP~
aw '~w '~ue~lldde a~~t no~6no~~~ paPIAo~daqPlno~ 6uI~eas leuol~IPpe pue 'ea~e ~oolJ a~uep/6uI~aIA uado ue ~OJ ~olle o~paAoma~ aq Plno~ salqe~ p~ellllqaUlua~~ JO auo .ea~e 6UIUIP 6uI~slxa a~~ uI dn ~asaqPlno~ a6e~s/pue~spueq pasodo~d a~~ 'xaldmo~ ~a~uao6ulddo~s a~enbs uI~sn~uI~~I~ (~ue~ne~sa~ uelle~I olaeJJe~ pUI~aq) a~eds ueua~ ~ooJ a~enbs 98C/~ e saldn~~
The existing facility would remain essentially
unchanged, as there are not square footage additions to
the building. There are also no changes or upgrade of
the existing beer and wine license, and the hours of
operation will remain the same from 11:00 a.m. to 2:00
a.m. daily.
3. The project was approved by the planning Commission at
their regularly scheduled public hearing on June 20,
1994. Due to concerns of potential parking conflict
problems with existing surrounding businesses, the
Planning Commission imposed conditions of approval to
require that all dancing and live entertainment
activities be conducted on weekends only, and shall be
prohibited prior to 8:00 p.m., and that valet parking
be provided at all times.
4. Although the project was approved by the Planning
Commission, the applicant felt that the conditions of
approval are overly-restrictive, and is
therefore requesting to modify the
following:Condition No.2:All dancing and live
entertainment activities shall be conducted
on weekends only, and shall
be prohibited prior to 8:00 p.
m.The applicant is proposing to retain the option
of having the dancing and entertainment on weekdays
also.Being restricted to weekends only would place an
undue hardship on the business as it is often difficult
to find quality entertainers to perform only on
weekends.The prohibition of these activities prior to 8:00 p.
m.would remain
unchanged.Condition No. 10:Valet parking shall be
provided at all
times.The applicant is proposing to retain the option
of providing valet parking only during a scheduled
event where a large crowd is expected. The requirement
of providing valet parking at all times from open to
close 11:00 a.m. to 2:00 a.m.) would be impractical,
since peak business hours are generally from 10:30 p.m.
to 12:00 a.m. There should be no parking problems as
most of the existing businesses nearby would be
closed during that time. The applicant stated that much
of the parking spaces are taken up by Raffaelo's
patrons and not by their customers until approximately 9:30
to 10:00 p.m. The applicant further stated that
valet companies that provide insured valet service will
not accept parking assignments unless a substantial
volume of cars can be relied
Note that the positions reflected in this section
reflect the opinions and arguments presented by the
applicant as stated in his appeal documents.
5. On September 13, 1994, the City Council, in response to
applicant's filing of Appeal No. 422 of the Planning
Commission's decision, held a public hearing to
consider the matter of Conditional Use Permit No. 2067-
94 de novo.
6. At said public hearing, the City Council considered the
record of the Planning commission on this matter. In
addition, testimony was directly received by the City
Council regarding problems with the applicant's parking
proposal, conflicts with adjacent residential uses,
past violations of the terms of a previously approved
conditional use permit and violations of State
Alcoholic Beverage Control regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Orange that Conditional Use Permit No. 2067-
94 be denied for the following
reasons:1. Off-street parking on the subject property
is presently deficient to meet the needs of all
businesses located thereon. Introducing an additional
high activity component to applicant's business will
exacerbate the
parking problem.2. In the context of the proposed late hours
of operation of the applicant's proposal, the activity
is not compatible with adjacent residential
uses. Of particular concern is noise emanating from
the location and the fact that parts of the parking area
are located next
to residences.ADOPTED this 11 th day of tf"lhp,
r
1994.ATTEST:
11fK ;~~range 3-
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 11th day of
October , 1994, by the following vote:
AYES: COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MAYOR BEYER
r i2c fJAU;~
city Cler 0 th cjJt.y of Orange
Reso 8392 SSH:mmr