ORD-31-89 URGENCY MEASURE AMENDING 17.80.010 OF THE OMC PLACING FINAL AUTHORITY IN THE CITY COUNCIL TO APPROVE ANY CONDITIONAL USE PERMIT ALLOWING THE DISPENCING OF BEER AND WINE IN CONJUCTION WITH THE SALE OF MOTOR FUELORDINANCE NO. 31-
89 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE AMENDING SUBDIVISION 1
OF SUBSECTION B OF SECTION 17.80.010 OF
THE ORANGE MUNICIPAL CODE PLACING
FINAL AUTHORITY IN THE CITY COUNCIL TO
DETERMINE WHETHER TO APPROVE ANY CONDITIONAL
USE PERMIT ALLOWING THE OFF SALE DISPENSING
OF BEER AND WINE IN CONJUNCTION WITH THE
SALE OF MOTOR FUEL IN THE COMMERCIAL
ZONES DESCRIBED
THEREIN.WHEREAS, as required by State law, the City Council
has recently amended section 17.80.010, Subsection B of the
Orange Municipal Code to permit the off sale dispensing of beer and
wine at premises selling motor vehicle fuel if the Zoning
Adminis-trator or Planning Commission approves a Conditional Use
Permit to permit such use;
and WHEREAS, all such Conditional Use Permit decisions of
the Zoning Administrator or Planning commission are final but
these decisions are subject to appeal to the City Council;
and WHEREAS, on occasion the approval of such Conditional
Use Permits by the Zoning Administrator or Planning commission
have become final without an appeal having been filed within
the appeal time period with the result that in the past some off
sale premises have been approved without an opportunity for a
review in a public hearing before the city council;
and WHEREAS, the city Council has determined that such
uses involving off-sale dispensing of beer and wine at
premises also selling motor vehicle fuel should be heard and finally
decided at a public hearing before by the city
Council; and WHEREAS, in view of the foregoing analysis, the
City Council has determined that Subdivision 1 of Subsection B
of Section 17.80.010 of the Orange Municipal Code should be
revised and amended as herein
set forth.NOW, THEREFORE, the City Council of the city of
Orange does hereby ordain
as follows:
section I:That Subdivision 1 of Subsection B of Section 17.80.
010 of the Orange Municipal Code should be amended to read
as follows:Add the following sentence at end of present
subdivision to read
as
L-___. _
Provided, however, that no approval by either the Zoning
Administrator or the Planning commission of any such conditional
Use Permit shall be final and all such permits shall
automatically be referred to the city Council for final review
and determination after a duly noticed public hearing."
Section II:
The facts constituting the urgency for the enactment of this
interim ordinance are as follows:
A public hearing is now pending before the Planning
commission which includes an application for the off-
sale dispensing of beer and wine at a premise which also sells
motor vehicle fuel. without enactment of this interim ordinance
to become effective immediately, the Planning Commission could
grant approval of the Conditional Use Permit and, unless such
approval is appealed to the City Council, such Conditional Use
Permit could become final without knowledge or opportunity of the
city council to review and finally determine this application
for off-sale dispensing of beer
and wine.
section III:A summary of this Ordinance shall be published
once within fifteen (15) days after this Ordinance's passage in
the Orange city News, a newspaper of general circulation,
published and circulated in the City of Orange. The city Clerk shall
post in the Office of the city Clerk a certified copy of the full
text of such adopted Ordinance along with the names of those
City Council members voting for and against the Ordinance in
accordance with Government Code section 36933. This Ordinance shall
take effect immediately upon passage and shall be of no further
force and effect four months from the date of its passage
unless extended in accordance with Government Code
Section 65858.Adopted
this 17th
day of
October 1989.Jc~
C4~;;P(ayor of t e city
of
Orange ATTEST:1?&dft~ i-c~~CJ.ty Cler of t C
y of Orange Ord.
1-_
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the city of Orange,
California, do hereby certify that the foregoing Interim
Ordinance adopted as an urgency measure was introduced, duly
passed and adopted at the regular meeting of the City Council
held on the 17th day of October , 1989, by the following vote,
to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR SMITH, BEYER, COONTZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
city Clerk the i of Orange
3-Ord. No. 31-