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SR - APP-0539-15 - ALCOHOL LICENSE 1701 WEST KATELLA (2)RESOLUTION NO. 10876 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING APPEAL NO. 0539- 15 FROM THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 2960 -14, THEREBY PERMITTING THE SALE OF ALCOHOLIC BEVERAGES (TYPE 41 — BEER AND WINE) AT THE CENTURY MOVIE THEATRES, LOCATED 1701 WEST KATELLA AVENUE. APPLICANT: CENTURY THEATRES, INC. WHEREAS, the City Council has authority per Orange Municipal Code Section 17.08.050 to take action to affirm, reverse or modify, in whole or in part, Appeal No. 0539- 15 of the Planning Commission denial of Conditional Use Permit No. 2960 -14, for an Alcoholic Beverage Control Type 41 (On -Sale Beer and Wine — Eating Place) License at 1701 West Katella Avenue; and WHEREAS, Appeal No. 0539 -15 and Conditional Use Permit No. 2960 -14 was filed by Century Theatres, Inc., in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Appeal No. 0539 -15 and Conditional Use Permit No. 2960 -14 are categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class 1 — Existing Facilities); and WHEREAS, the Planning Commission conducted one duly advertised public hearing on February 18, 2015, at which time interested persons had an opportunity to testify either in support of, or opposition to, the proposal and for the purpose of considering Conditional Use Permit No. 2960 -14 upon property described as Assessor Parcel Number 375 - 311 -25, located at 1701 West Katella Avenue; and WHEREAS, the Planning Commission motion to approve Conditional Use Permit No. 2960 -14 received two votes in favor and two votes in opposition to the project which resulted in the denial of the project; and WHEREAS, the City Council conducted one duly advertised public hearing on June 9, 2015, at which time interested persons had an opportunity to testify either in support of, or opposition to the project and for the purpose of considering Appeal No. 0539 -15 and Conditional Use Permit No. 2960 -14; and WHEREAS, at their June 9, 2015, meeting the City Council approved a motion, by a vote of 4 -1 in favor, to have staff return to the City Council at their regularly scheduled meeting on July 14, 2015, with a resolution approving Appeal No. 0539 -15 which would reverse the Planning Commission denial of Conditional Use Permit No. 2960 -14; and ITEM: y • 1 ' DATE OF MEETING: 81 " I o