RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN EXISTING RESTAURANT (120 FULLERTON) WITH A TYPE 47 (ON-SITE SALE OF BEER, WINE AND DISTILLED SPIRITS) ABC LICENSE, ENTERTAINMENT AND AN EXISTING OUTDOOR DINING PATIO ON PROPERTY ZONED C-3, LOCATED AT 120 WEST WILSHIRE AVENUE ZON-2020-0035
APPEAL APPLICANT: TONY BUSHALA
BUSINESS: 120 FULLERTON
PROPERTY OWNER: FULLERTON PROMENADE
WHEREAS The applicant, 120 Fullerton, filed for a Conditional Use Permit for an existing restaurant with an outdoor dining patio with a Type 47 (on-site sale of beer, wine and distilled spirits) ABC license and entertainment, more specifically described as Orange County Assessor’s Parcel No. 032-232-33.
WHEREAS the Planning Commission of the City of Fullerton held a duly noticed public hearing for ZON-2020-0035 in compliance with the noticing requirements of Fullerton Municipal Code (FMC) Chapter 15.76.
WHEREAS the Planning Commission approved the request for a Conditional Use Permit.
WHEREAS, City Council received an appeal of the decision by the Planning Commission, filed in compliance with Fullerton Municipal Code (FMC) Chapter 15.76 noticing requirements.
WHEREAS, City Council heard the appeal of the Planning Commission action (ZON-2022-0114) in a duly noticed public hearing pursuant to FMC Section 15.70.060.B.
WHEREAS FMC Section 15.70.040 establishes the findings required to grant a Conditional Use Permit .
WHEREAS, There is no project in accordance with the California Environmental Quality Act (CEQA) and therefore this action is not subject to CEQA.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
The Recitals set forth in this Resolution are true and correct and incorporated herein by reference.
2. The City Council of the City of Fullerton determines, in accordance with the California Environmental Quality Act (CEQA), that it cannot make the findings required to grant a CUP pursuant to Fullerton Municipal Code Section 15.70.040. Therefore, City Council reverses the Planning Commission decision and denies the CUP.
3. This action is not a project under the California Environmental Quality Act and/or is exempt pursuant to 15061(b)(3) and 15301.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 3, 2023. _________________________
Fred Jung
Mayor
ATTEST:
____________________
Lucinda Williams, MMC
City Clerk
____________________
Date
Resolution No. 2022-XX
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