2003-003 - Denying Conditional Use Permit No. 2002-13

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RESOLUTION NO. 2003-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2002-13 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1727 EAST DYER ROAD Kdo/12/31/02 BE IT RESOLVED BY THE CITY COUNCIL'OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Conditional Use Permit No. 2002-13 has been filed with the City of Santa Ana seeking a Type 20 Alcoholic Beverage Control license which allows the sale beer and wine for off-premise consumption for the property located at 1727 East Dyer Road. On September 23, 2002 the Planning Commission conducted a public hearing on Conditional Use Permit No. 2002-13. The Planning Commission continued the hearing until October 28, 2002. After considering all of the evidence presented at both hearings,, including evidence that the area is considered to have an over-concentration of Jiquor licenses by both City and State standards, the Planning Commission voted on October 28, 2002, by a vote of 6:0 (Doughty absent), to deny Conditional Use Permit No. 2002-13 Applicant appealed Planning Commission's denial to the City Council of the City of Santa Ana. On December 16, 2002, the City Council of the City of Santa Ana continued the matter to January 6, 2003. On January 6, 2003, the City Council of the City of Santa Ana h.eld a public hearing to consider Applicant's appeal of the Planning Commission's decision. The City Council determines that the following findings, which pursuant to Santa Ana Municipal Code Section 41-638, must be established in order to grant a Conditional Use Permit, have not been established: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Resolution No. 2003-003 Page 1 of 4