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