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10/24/79
RESOLUTION NO. 79-192
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA OVERRULING THE
ZONING ADMINISTRATOR'S APPROVAL OF
MINOR EXCEPTION APPLICATION 79-27 AND
DENYING SAID MINOR EXCEPTION APPLICATION.
WHEREAS, on October 15, 1979, a public hearing was
duly held before the City Council of the City of Santa Ana
on Minor Exception Application 79-27, which seeks to allow
sale of beer and wine for on-site consumption in an existing
restaurant within a shopping center located with 300 feet of
residences, at 2413 South Fairview Street;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa ~nna as follows:
1. That based on such public hearing and on the
oral and documentary evidence submitted therein, the City
Council does hereby overrule the Zoning Administrator's
approval of Minor Exception Application 79-27 and does
hereby deny said Minor Exception Application.
2. That the City Council hereby adopts as its
findings of fact for denial of said Minor Exception Application,
the following:
(a) There are no special circumstances
applicable to the subject property, by which the strict
application of the zoning laws would deprive the subject
property of any privileges consistent with the intent and
purposes of the said zoning laws.
(b) The granting of the minor exception not
necessary for the preservation or enjoyment of the right to
use the property as a restaurant, or of any other substantial
property right.
(c) The granting of the variance would be
detrimental to the public welfare and injurious to surrounding
property for the following reasons:
(1) Consumption of alcoholic beverages
commonly and ordinarily increases noise and disturbance
incident to restaurant use.
(2) The presence of two other restaurants
serving alcoholic beverages in near proximity to the subject
property makes the addition of a third such restaurant excessive
in terms of disturbance to nearby residential properties.
ADOPTED this 5th day of November
the following vote:
, 1979, by
AYES:
COUNCILMEN: Bricken, Markel, Ward, Yamamoto
NOES: COUNCILMEN: Serrato
ABSENT: COUNCILMEN: Griset, Luxembourger
ATTEST:
oF
APPROVED AS TO FORM:
KEITH L. GOW, City Attorney
MAYOR