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RES-10222 Revoking Conditional Use Permit 2045 N. Tustin St.RESOLUTION NO. 10222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, REVOKING AND REPEALING IN ITS ENTIRETY, CONDITIONAL USE PERMIT NO. 1389-85 WHICH ALLOWED THE GENERAL ON-SALE (TYPE 47) OF ALCOHOL AT A BONA FIDE EATING ESTABLISHMENT, UPON PROPERTY LOCATED AT 2045 NORTH TUSTIN STREET.REVOCA TION OF CONDITIONAL USE PERMIT NO. 1389-85 (2045 NORTH TUSTIN STREET)WHEREAS, Orange Municipal Code (OMC) Section 17.10.030 I provides that an approved conditional use permit for a restaurant with 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and WHEREAS, due process requires notice and a public hearing before a conditional use permit may be revoked and repealed; and WHEREAS, OMC Section 17.10.030 H requires the Planning Commission to hold a public hearing for the revocation of a conditional use permit and make a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 October 1, 2007, on the matter of the proposed revocation of Conditional Use Permit No.1389-85 and at that public hearing determined that the conditionally permitted use (restaurant with alcoholic beverage sales) has ceased to exist for more than six (6) months; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No.38-07, recommending that the City Council of the City of Orange revoke and repeal in its entirety Conditional Use Permit No. 1389-85; and WHEREAS, the revocation of Conditional Use Permit No. 1389-85 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 Act per StateCEQA Guidelines Section 15301 (Class 1 - Existing Facilities); and WHEREAS, the City Council conducted one duly advertised public hearing on October 23, 2007, on the matter of the proposed revocation of Conditional Use Permit No. 1389-85 upon property described as NOW, THEREFORE, BE IT RESOLVED that the City Council hereby revokes and repeals in its entirety Conditional Use Permit No. 1389-85 for a Type 47 (On-Sale General -Bona Fide Eating Establishment), based on the following finding:SECTION 1 - FINDINGS 1. Conditional Use Permits may be revoked if it is found that any ordinance or other provision oflaw is violated in connection with the permit. The foregoing recitals, accompanying staff report and public testimony, if any, are hereby adopted as if fully set forth and stated herein. Information obtained through the City Business License Department shows that the last business to sell alcoholic beverages in conjunction with a bona fide eating establishment vacated the subject property in December 2004. A subsequent restaurant operated briefly from June 2005 through November 2005 but did not sell alcoholic beverages. The subject location has been vacant since November 2005. Additionally, on September 17,2007, City Staff contacted the office of the owner of the property, Asbury Properties, and spoke with General Manager Stephanie Jackson. Ms. Jackson stated that their office is located in Beverly Hills and would not be participating in the hearing process because they had no objection to the City's revocation of Conditional Use Permit No. 1389- 85.Based upon the foregoing facts, the City Council finds and concludes that the use entitled by Conditional Use Permit No. 1389-85, permitting the general on- site sale of alcoholic beverages in conjunction with a bona-fide eating establishment has ceased to exist for more than six months. Accordingly, Conditional Permit No. 1389-85 is hereby revoked and repealed inits entirety. SECTION 2 - ENVIRONMENTAL REVIEW This project is categorically exempt from the provlSlons of the California Environmental Quality Act per State CEQA Guidelines Section 15301 ( Class 1 - Existing Facilities ).ADOPTED this 23rd day of ATTEST: I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certifythattheforegoingResolutionwasdulyandregularlyadoptedbytheCityCounciloftheCityof Orange at a regular meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavec,che, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 8 Mary E. 3