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Council received the Appeal Application No. 541, the Zoning Administrator's Findings of Fact, Determination of Exemption, and Maps of the location site. The Planning Director reviewed the Findings. Proponents of the Appeal were: Thomas Mungari, Attorney, 17291 Irvine Blvd., Tustin Marlin G. Stapleton, Attorney, 17291 Irvine Blvd., Tustin Harold Fortune, 227 South Harbor Boulevard Dale Fortune, 2333 Riverside Drive The proponents stated that the subject property is on a 1-1/3 acre site; that for the last two months there has been a band practicing in the building and there has been no validated noise complaint; that the applicant would install any sound:, probfing required by the City, including double doors to contain the music within the building; that the applicant has a substantial investment in the proposed use; and that food would be served on the premises which would be operated as a Country-Western cocktail lounge. Opponents to the Appeal were: Frank and Dora Donaldson, 225 South Harbor Mrs. John E. Reed, former owner of 225 South Harbor Patricia McGuigan, S642 Keelson Avenue Alex Shima, 226 South Harbor A letter dated May 17, 1974 from Elsie Hoeppner~ 205 South Harbor Boulevard, opposing the Minor Exception was read to Council by Mrs. Donaldson. The opponents stated that the tenants of the adjacent apartment building would be disturbed by the noise and the type of Business proposed; that five of the apartment bedrooms are within 10 feet of the subject property which proposes to have live, ampli- fied music; that the subject property is immediately adjacent to a public park, swimming pool and playground, and it is not a suitable location for a cocktail lounge; and that the area is saturated with bars and cocktail lounges. In rebuttal the proponents stated that the Municipal Code would permit a youth center on the property, wktckwould be as noisy as the proposed use; that if the noise factQ~ is the determinant for denial, the propert~ owner would Be deprived of a valuable property right enjoyed by similar parcels; that there is a 6-foot block-wall fence between the park and the subject property parking lot; that the proposed lounge will Be a first:class operation by a reputable operator. There were no other proponents or opponents and the Mayor closed the hearing. The Determination of Exemption was received and ordered filed, and the City Attorney was instructed to prepare a Resolution upholding the decision of the Zoning Administrator to deny Minor Exception 74-7, on motion of Councilman Griset, seconded by Councilman Yamamoto, and unanimously carried. CCA 13.5) CITY COUNCIL MINUTES 188 MAY 20, 1974