Agenda Item
City Council
Item #: 8.2. 11/15/2022 File #: 22-0647
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Adams, Interim Community Development Director
1. SUBJECT
Public Hearing to consider Appeal No. 0558-22, District Lounge, 223 W. Chapman Avenue.
2. SUMMARY
An appeal of Planning Commission Resolution No. PC 26-22, which approved a request for the modification of an existing State of California Department of Alcoholic Beverage Control (ABC) license Type 48 (On-Sale General - Public Premises) to allow the consumption of alcoholic beverages in an existing outdoor patio area located at the rear of the existing establishment.
3. RECOMMENDED ACTION
The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the action that was appealed.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community.
d: Assure the development of the City occurs in a fashion that maximizes public safety.
6. DISCUSSION AND BACKGROUND
On September 19, 2022, the Planning Commission approved Conditional Use Permit No. 3186-22 for the modification of an existing ABC license Type 48 (On-Sale General - Public Premises) to allow the consumption of alcoholic beverages in an existing outdoor patio area located at the rear of the existing establishment.
Planning Commission Hearing:
The Planning Commission conducted a public hearing for the request on September 19, 2022. The following spoke on behalf of the project: Mike Ayaz, Attorney; Mario Marovic, Applicant. The following spoke in opposition of the project: Richard (speaker requested to refrain from giving his surname).
The Planning Commission voted (3-2) to approve the request and directed staff to return with the appropriate resolution of approval.
At their October 17, 2022, meeting the Planning Commission voted (3-0) to approve Resolution No.
PC 26-22 with modifications to three of the conditions of approval.
Appeal:
On October 24, 2022, the Planning Division received an appeal application from Council member City of Orange Printed on 11/10/2022Page 1 of 2
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Item #: 8.2. 11/15/2022 File #: 22-0647
Arianna Barrios (Attachment 1). The following reasons were given for the appeal:
1. The Conditional Use Permit (CUP) findings required by the OMC cannot be met because:
a. The CUP is not based on sound principles of land use and does not respond to services required by the community.
b. The CUP would cause deterioration of bordering land uses and create special problems for the neighborhood.
c. The conditions of approval do not preserve the general welfare of the neighborhood.
2. The Public Convenience or Necessity findings required by the ABC cannot be met.
Pursuant to Orange Municipal Code (OMC) Section 17.08.050.F, the City Council has the authority to consider the record and such additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the action that was appealed. The Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of the OMC.
Public Notification:
On November 4, 2022, the City sent a Public Hearing Notice to a total of 93 property owners/tenants within a 400-foot radius of the project site and persons specifically requesting notice.
7. ATTACHMENTS
· Attachment 1 Appeal Application Dated October 20, 2022 · Attachment 2 Orange Police Department Memorandum dated July 28, 2022 · Attachment 3 Planning Commission Staff Reports dated September 19, 2022, and October 17, 2022
· Attachment 4 Planning Commission Minutes dated September 19, 2022, and October 17, 2022
· Attachment 5 Planning Commission Resolution No. PC 26-22 City of Orange Printed on 11/10/2022Page 2 of 2
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