RES-7890 Approving Conditional Use Permit No. 1922-91RESOLUTION )J(). 7890
A RESOLUTION 01' THE CITY COUNCIL 01' THE
CITY 01' ORANGE GRANTING APPEAL )J(). 390
MID APPROVING CONDITIONAL USE PERMIT RO.
1922-
91.APPBLLANT: MIGUEL A.
BIZBNGA WHEREAS, the city Zoning Administrator of the City
of Orange did receive an application for a conditional
use permit from Miguel A. Eizenga (Taqueria El Guerito) to
allow on-premise sale of beer and wine in
conjunction with operation of an existing restaurant upon
certain real property located within the city of orange,
county of Orange, state of California, legally
described as:2815 E.
Chapman Avenue Orange, CA,
92669; and WHEREAS, the City Zoning Administrator did
hold a public hearing upon said application at the City Hall
in the City of Orange, notices of which public hearing
were duly given as required by law and the provisions of
Title 17,Chapter 17.94 of the Orange Municipal
Code; and WHEREAS, said Zoning Administrator,
after due inspection, investigation and studies made by herself
and in her behalf and after due consideration of all
evidence and reports offered at said hearing, did deny
application for Conditional Use Permit No. 1922-91
for
the following reasons:1. The establishment was more like
a "fast food"outlet rather than a bonafide
restaurant, which would allow patrons to purchase the food with
the beer and wind and take
it to go.2. The ease of purchasing beer and
wine to go will cause deterioration of
bordering properties and create special problems for
the surrounding area.3. The ease of purchasing beer and
wine to go will have an adverse effect
upon the adjacent businesses and the residential
neighborhood
to the north.WBBREAS, thereafter, within the time
prescribed by law,applicant filed Appeal No. 390, causing the
review of said Zoning Administrator action at a
duly noticed
WHBRBAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such
hearing and did give all persons interested therein an
opportunity to be heard and did receive evidence and
reports; and
WHBRBAS, the City Council finds, after careful
consideration of the recommendations of the city zoning
Administrator and all evidence and reports offered at said
hearing, that:
1. The proposed use is properly one for which a
conditional use permit is authorized by the Orange
Municipal Code.
2. The proposed use will not adversely affect
the adjoining land uses and the growth and development
of the area in which it is proposed to be located.
3. The size and shape of the site proposed for
the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety and
general welfare.
4. The traffic generated by the proposed use
will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in
the area.
5. The granting of the conditional use permit
under the conditions imposed will not be detrimental to
the peace, health, safety and general welfare of the
citizens of the city of Orange.
6. The conditions of approval as well as
regulations of the state Alcoholic Beverage Control
Department will adequately restrict the availability of
the beer and wine as well as its place of consumption
so as to minimize any potential impacts on the
neighborhood.
ROW, THBREFORE, BB IT RESOLVED by the City Council of
the City of Orange that, for the reasons hereinabove stated,
Appeal No. 390 is hereby granted and Conditional Use Permit
No. 1922-91 is hereby approved permitting on-premise
sale of beer and wine in conjunction with the operation
of an existing restaurant on the hereinabove
described real property, subject to the
following conditions:1. All alcoholic beverages shall
be consumed entirely within the restaurant building, and not
in the outdoor
2. The business shall be maintained as a bona-
fide restaurant.
3. All Alcoholic Beverage Control requirements
shall be complied with.
4. If not utilized, Conditional Use permit 1922-
91 shall expire two years from the approval date.
BB IT PURTHER RESOLVED that the City Council does
hereby find and determine that adoption of this Resolution
is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth.
Should any such conditions, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court
of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
ADOPTBD this 19th day of November 1991.
ATTEST:
ctt/1(~~~~~~ge
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 19th day of
November , 1991, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: STEINER, BARRERA, COONTZ
COUNCIL MEMBERS: MAYOR BEYER, SPURGEON
COUNCIL MEMBERS: NONE
Y of orangeC1.ty Cler
dg 3-Reso No. 7890