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HomeMy WebLinkAbout2004-08• RESOLUTION NO. 2004-08 KO/08/24/04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2004-04 FOR THE PROPERTY LOCATED AT 413 NORTH EUCLID STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2004-04 has been filed with the City of Santa Ana seeking a Type 41 Alcoholic Beverage Control license which allows the sale of beer and wine for on-premise consumption for the property located at 413 North Euclid Street. B. Conditional Use Permit No. 2004-04 came before the Zoning . Administrator of the City of Santa Ana for a public hearing on March 24, 2004 and the public hearing was continued to March 31, 2004, April 28, 2004, May 19, 2004, and June 9, 2004. On June 9, 2004 the Zoning Administrator approved Conditional Use Permit No. 2004- 04. C. On August 9, 2004, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2004-04. The hearing before the Planning Commission was de novo and the applicant bore the burden of persuasion. D. In addition to the staff report, the Planning Commission received testimony from the Santa Ana Police Department detailing information on police related incidents at the Hue Restaurant, including details of multiple alleged violations of Business and Professions Code Section Nos. 23300 and 23301, testimony from the applicant's legal counsel and the public. E. The Planning Commission determines that the following findings, which must be established in order to grant a Conditional Use Permit from the provisions of the Santa Ana Municipal Code, have not been established: Resolution No. 2004-08 Page 1 of 1 1. Will the proposed use provide a service or facility which will • contribute to the general well being of the neighborhood or community? The proposed use will not benefit the community as the existing restaurant has negatively impacted the surrounding neighborhood. An alcohol license would increase the number of disturbances occurring at the subject property. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed on-premise beer and wine license at Hue Restaurant would be detrimental to persons residing or working in the area because the use will create negative impacts. The sale of alcoholic beverages will create additional disturbances and will negatively affect the surrounding residential properties. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The addition of alcoholic beverages to the menu at Hue Restaurant will negatively impact the surrounding commercial and residential properties. Continued disturbances at the Hue Restaurant will lead to a decrease in the economic value of surrounding properties. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? As conditioned, the proposed project will not be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. Previous incidents at Hue Restaurant indicate that the applicant has not complied with the regulations and conditions of Chapter 41. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2004-08 Page 2 of 2 The proposed use will affect the General Plan. Policy • 2.5 of the Land Use Element encourages commercial uses that have balance between the economic benefits and the negative impacts with surrounding neighborhoods. Although the addition of an ancillary alcohol license would provide additional revenue for Hue Restaurant, the proposed use would create negative impacts to the residents of Santa Ana. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Statutory Exemption Environmental Review No. 2002-437 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit No. 2004-04. This decision is based upon the evidence submitted at the above said hearing, which includes but not is not limited to: the Request for Planning Commission Action dated August 9, 2004 and exhibits attached thereto; the testimony of the Police Department representative, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of A AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: ugust 2004 by the following vote. DeLaTorre, Lutz, Mondo, Nalle, Sinclair (5) None (0) Cribb, Leo (2) None (0) Glenn ondo Chairm APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ;~' ~ _ Kylee 0,~, tto Deputy ~r~y Attorney Resolution No. 2004-08 Page 3 of 3 C CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2004-08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 23, 2004. Date: ~ ~ ~/~ Planning Commissio ecretary City of Santa Ana Resolution No. 2004-08 Page 4 of 4