RES-7984 Denying Conditional Use Permit No. 1941-91RESOLUTION NO. 7984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE UPHOLDING THE RECOMMENDATION OF THE
ZONING ADMINISTRATOR OF THE CITY OF ORANGE
AND DENYING A CONDITIONAL USE PERMIT TO
ALLOW AN UPGRADE OF AN EXISTING OFF-SALE
BEER AND WINE LICENSE TO AN OFF-
SALE FULL ALCOHOLIC BEVERAGE LICENSE FOR
A MARKET LOCATED IN THE C-l ZONE
UPON PROPERTY SITUATED AT THE NORTHEAST CORNER
OF GLASSELL STREET AND QUINCY AVENUE, ADDRESSED
109S
N. GLASSELL STREET.CONDITIONAL
USE PERMIT
1941-
91 LUIS CASTILLO RECITALS:After report thereon by the Zoning Administrator and after
due public hearings as required by law, and after receiying a recommendation
from the Zoning Administrator,recommending, by Agenda Item Memorandum dated December
18, 1991, that Conditional Use Permit 1941-91 be denied to allow an upgrade of an
existing off-sale beer and wine license to an off-sale full alcoholic beyerage license for
a market in the C-l zone upon property situated at 109S N.
Glassell Street, the City Council considered Conditional Use Permit 1941-91 and
determined that the recommendation of the Zoning Administrator should be upheld and Conditional
Use Permit 1941-91
be denied. Subject property is more particularly described as follows:Lots No. 1 and
2, of Tract No. 2733, as per Map recorded in Book 93,
Page 42 of Miscellaneous Maps
in the Office of the Recorder of Orange County, CA During the public hearing,
the City
Council found the facts more particularly set forth as follows:1. That proposed is a
conditional use permit application to allow an upgrade of an existing off sale beer and wine license
to an off sale full alcoholic beyerage license
2. That the project site is a rectangular shaped ]2,438 square foot parcel of land
located at the northeast corner of G]assell Street and Quincy Ayenue. Site deye]opment
consists of a 4,500 square foot commercia] center constructed in 1960. The subject market
contains 2,535 square feet of building floor area within the commercial center. The market is
open seyen days per week from 8:00 a.m. to 12:00 midnight. No change in operating hours is
proposed with this application. Adjacent commercia] businesses in the center are a take out
taco stand (no beer and wine sales) and a coin operated laundry.
3. That fifteen (15) off street parking spaces are proyided on site. Off street
parking is considered nonconforming in terms of the number of parking spaces required under
current Code proyisions. Orange Municipal Code section 17.76.040 currently required retail
uses to proyide one parking space for eyery 1000 square feet of gross building floor area or 23
off street parking spaces for the shopping center. Since no expansion in building floor area is
proposed, an increase in off street parking to conform with current Code requirements is no
required.
4. That City records indicate that there are fiye other businesses in the project
yicinity, generally located off Glassell Street between Katella Ayenue and Collins Ayenue, that
haye off sale beer and win or alcoholic beyerage licenses.
5. That in making the findings for a conditional permit to allow the off sale of
alcoholic beyerages, Orange Municipal Code section 17.80.040 requires the reyiewing body to
consider whether the proposed use will adyersely affect the welfare of the surrounding
community or will result in an undue concentration of premises for the sale of alcoholic
beyerages in the area. The reyiewing body shall also consider whether the proposed used will
detrimentally affect nearby residentially zoned districts, after giying consideration to the
proposed hours of operation and the proximity to the following:
Residential buildings;
2. Churches, schools, hospitals, public playgrounds, and other similar uses;
3. Other establishments dispensing alcoholic beyerages including beer and
wine.
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Orange
that Conditional Use Permit 1941-91 be denied for the following
reasons:1. The proposed use will adversely affect the welfare of the
surrounding community because of the undue concentration of premises for the sale of alcoholic
beyerages and that the use will detrimentally affect nearby and abutting residentially zoned
property.Reso No. 7984 2-
ADOPTED this 14th day of April 1992,
ATIEST:
0tA.ut~ -i Q..~
CITY CLER~ OF T 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 14thday of
April , 19~, by the following yote:
A YES: COUNCIL MEMBERS: MAYOR BEYER, COONTZ, SPURGEON
NOES: COUNCIL MEMBERS: STEINER, BARRERA
ABSENT: COUNCIL MEMBERS: NONE
Clb~~
pss 3-Reso No. 7984