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RCS: ar <br />7/12/77 <br /> <br />RESOLUTION NO. 77-72 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA OVERRULING THE DECISION <br />OF THE ZONING ADMINISTRATOR AND DENYING <br />MINOR EXCEPTION 77-12 <br /> <br /> WHEREAS, a public hearing was duly held before <br />the City Council of the City of Santa Ana on July 5, 1977, <br />on Minor Exception 77-12, to allow on-sale beer and wine <br />in an existing restaurant located at 1007 C South Bristol <br />Street, Santa Ana, California, within three hundred (300) <br />feet of residential uses, which Minor Exception was approved <br />by the zoning administrator on May 24, 1977, <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL <br />OF THE CITY OF SANTA ANA, AS FOLLOWS: <br /> <br /> 1. That based on such public hearing and the oral <br />and documentary evidence submitted therein, the City Council <br />does hereby overrule the decision of the zoning administra- <br />tor and does hereby deny Minor Exception No. 77-12. <br /> <br /> 2. That the City Council makes the following find- <br />ings of fact: <br /> <br /> a. There are no special circumstances applicable <br />to the subject property, in that there are no special fea- <br />tures of the property, such as size, shape, topography, loca- <br />tion, or surroundings that would cause strict application <br />of the zoning ordinance to deprive the property of privileges <br />not otherwise at variance with the intent and purpose of <br />the provisions of Chapter 41, Santa Ana Municipal Code. <br /> <br /> b. The granting of the Minor Exception for sale <br />of beer and wine within 300 feet of property zoned or used <br />for residential purposes is not necessary for the preserva- <br />tion and enjoyment of any substantial ~roperty rights. <br /> <br /> c. The granting of the Minor Exception will be <br />materially detrimental to the public welfare and injurious <br />to surrounding properties, in that the proposed sale of beer <br />and wine within 300 feet of property zoned or used for resi- <br />dential purposes is not in the public interest. <br /> <br /> d. The granting of a Minor Exception will not <br />adversely affect the general plan, since the proposed use <br />is not inconsistent with the general plan designation of <br />special study corridor. <br /> <br /> <br />