RES-10285 Repealing Conditional Use Permit Meridian MarketRESOLUTION NO. 10285
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, REVOKING AND
REPEAL LING IN ITS ENTIRETY, CONDITIONAL
USE PERMIT NO. 2637-07 WHICH ALLOWED
THE OFF-SITE SALE (TYPE 20) OF BEER
AND WINE AT A MARKET LOCATED AT 655
SOUTH MAIN STREET,
SUITE #240.REVOCATION OF CONDITIONAL USE PERMIT
NO. 2637-07 655 S. MAIN
ST., #240-MERIDIAN MARKET)WHEREAS, Orange Municipal Code (OMC) Section 17.10.030
I provides that an approved conditional use permit for alcoholic beverage sales shall become void
if the use has ceased to exist for more than
six (6) months; and WHEREAS, due process requires notice and a public hearing
before a conditional use permit may be
revoked and repealed; and WHEREAS, OMC Section 17.10.030 H requires the Planning
Commission to hold a public hearing for the revocation of a conditional use permit and
make a recommendation to the City Council, who shall make the final determination
on a revocation; and WHEREAS, the Planning Commission conducted one
duly advertised public hearing on April 21, 2008, on the matter of the proposed revocation of
Conditional Use Permit No.2637-07 and at that public hearing determined that the
conditionally permitted use (Type 20 off-site sale of beer and wine) has ceased to exist for
more than six (6) months; and WHEREAS, the Planning
Commission adopted Planning Commission Resolution No.PC 14-08, recommending that the City Council of the City
of Orange revoke and repeal in its
entirety Conditional Use Permit No. 2637-07; and WHEREAS, the revocation of
Conditional Use Permit No. 2637-07 was processed in accordance with the
provisions of the City of Orange Municipal Code; and WHEREAS, this project
is categorically exempt from the provisions of the California Environmental Quality Actper
State CEQA
Guidelines Section 15301 (Class 1 - Existing Facilities); and WHEREAS, the City Council
conducted one duly advertised public hearing on May 27, 2008, on the matter of the
proposed revocation of Conditional Use
Permit No.
2637-07 upon property described as follows:PARCEL A PARCELS 2 AND 3 OF PARCEL MAP
NO. 98-198, AS SHOWN ON A MAP FILED IN BOOK 304, PAGES
27 THROUGH 30 INCLUSIVE OF PARCEL MAPS, IN
PARCEL B
A NON-EXCLUSIVE EASEMENT FOR DRIVE AISLE AND DRAINAGE AS
PROVIDED IN THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT DATED OCTOBER
5,2000 BY AND BETWEEN EPIPD-TOWN & COUNTRY, L.P., A
TEXAS LIMITED PARTNERSHIP AND NAP FORT WALTON BEACH, L.P., A
GEORGIA LIMITED PARTNERSHIP, RECORDED OCTOBER 6,2000, AS DOCUMENT
NO. 20000537177.NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
revokes and repeals in its entirety Conditional Use Permit No. 2637-07 for Type 20 (
Off-Sale Beer and Wine) sales of alcoholic beverages, based
on the following finding:
SECTION 1 - FINDINGS 1. Conditional Use Permits may be revoked if they are found to be void if
the use has ceased to exist for more
than six months.Information obtained through the Alcoholic Beverage Control Department
shows that a Type 20 ABC License was issued for the Meridian Market on July 27,
2007. The City Business License Department records indicate that business operations
ceased on July 31, 2007. Since this date the subject tenant space has remained
vacant, thus off-site alcohol (beer and wine) sales have ceased to exist for more
than six months. OMC Section 17.10.030 I.3.j. states that a Conditional Use Permit (CUP)
for the sale of alcoholic beverages shall become void if the use ceases to exist for
more than six (6)months. Before a CUP may be revoked, OMC Section 17.10.
030 (H) requires the Planning Commission to hold a public hearing to consider the
evidence and make a recommendation to the City
Council on the revocation.On March 26, 2008, City Staff contacted the property owner,
Mr. Issac Neches via telephone, where he confirmed that the tenant space had been vacant
since the end of July. Mr. Neches stated that he understood the revocation
process and did not communicate any objections to the proposed revocation. On
March 27, 2008, City Staff also sent Mr. Neches a letter discussing the City's intent
to pursue the revocation of CUP 2637-07, and provided him the opportunity to
comment on the intended action.A subsequent letter was sent to Mr. Neches on April 2,
2008 requesting his input and comments on the revocation hearing. On April
8, 2008, Staff received written correspondence from Mr. Neches where he stated
his understanding and
acceptance of the pursued revocation.Based on the foregoing facts, the Planning Commission
concluded that the use entitled by Conditional Use Permit No. 2637-07, permitting the off-
site sale of beer and wine in a market, has ceased to exist for more
than six months. The foregoing facts are presented to the City Council who
hereby accepts the recommendation of the Planning Commission and revokes and repeals
Conditional
Use
SECTION 2 - ENVIRONMENTAL REVIEW This
project is categorically exempt from the provIsIOns of the California Environmental
Quality Act per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities ).ADOPTEDthis
2ih day of May, 2008.ATTEST:I,
MARY
E.
MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoingResolutionwasdulyandregularlyadoptedbytheCityCounciloftheCityofOrangeata
regular meeting thereof held on the 2ih day of May, 2008, by the following vote:AYES:NOES:ABSENT:
ABSTAIN:
COUNCIL
MEMBERS:
Smith,
Cavecche, Dumitru, Bilodeau COUNCIL MEMBERS: None
COUNCIL MEMBERS: Murphy
COUNCIL MEMBERS: None
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