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HomeMy WebLinkAbout77-110RCS:rs 9-13-77 RESOLUTION NO. 77410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR DENYING MINOR EXCEPTION NO. 77-18 TO EXPAND AN EXISTING BEER BAR AT 417 NORTH RAITT STREET, WHICH IS WITHIN 300 FEET OF RESIDENTIAL USES, AND DENYING APPEAL NO. 381. WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on September 6, 1977 appealing the decision of the Zoning Administrator denying Minor Exception No. 77-18, filed by Frank A. Rodriguez, to expand an existing beer bar at 417 North Raitt Street, Santa Aha, which property is located within three hundred (300) feet of residential uses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That based on such public hearing and the oral and documentary evidence submitted therein, the City Council does hereby affirm the decision of the Zoning Administrator denying Minor Exception No. 77-18 and does hereby deny Appeal No. 381. 2. That the City Council makes the following Findings of Fact: a. There are no special circumstances applicable to the subject property, in that there are no special features of the property such as size, shape, topography, location, or surroundings, that would cause the strict application of the zoning ordinance to deprive the property of privileges not other- wise at variance with the intent and purpose of the provisions of Chapter 41, Santa Ana Municipal Code. b. The granting of the Minor Exception to expand the sale of beer and wine within three hundred (300) feet of property zoned or used for residential purposes is not necessary for the preservation and enjoyment of any substantial property rights. c. The granting of the Minor Exception will be materially detrimental to the public welfare and injurious to surrounding properties, in that the proposed expansion of the sale of beer and wine within three hundred (300) feet of property zoned for use for residential purposes is not in the public interest and would result in adverse noise and traffic impacts upon residential uses. d. The granting of a Minor Exception will not adversely affect the general plan, since the proposed use RESOLUTION NO. 77-110 PAGE TWO is consistent with the general planned designation of the Multi-Use Corridor. ADOPTED this 3rd day of October , 1977 by the following vote: AYES, COUNCILMEN: Garthe, Brandt, Yamamoto, Evans, Ward NOES, COUNCILMEN: Bricken, 0rtiz ATTEST: ABSENT, COUNCILME~ MAYOR APPROVED AS TO FORM: CITY ATTORNEY