12-04-1978 - Laserfiche WebLink

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Senior Planner William Daugherty described the location of the property and its proximity to Lathrop Junior High School and Franklin Elementary School, across the street on Main Street and approximately one block away on Sycamore Street, respectively. He stated that the property is zoned C1 and that the General Plan designation is Multi-use Corridor; that the Zoning Adminis- trator denied the application on October 27, 1978 because of the action of the Santa Ana Board of Education, transmitted to the Alcoholic Beverage Control Board by a letter dated September 13, 1978, to file a protest on the grounds that "school children would be regularly in the vicinity of the establishment at times when alcoholic beverages would be served, causing potential harm to the safety and morals of the children". The Acting Clerk of the Council reported that there were no written communications. Barry Jacobs, Attorney, 2009 North Broadway, representing the appellant, Marcos Schulz (Angelo's Pizza), stated that the determining factor in the granting of a minor exception permit is whether or not the intended sale conforms with the City's designated land use; that the reason given for denial was that the School District had filed a protest in accordance with their public policy, rather than on the basis of the facts; that in his opinion this was discrimination; that the nearby schools are "closed campus"; that the restau- rant has been open since 1973 and there have been no problems; that beer and wine would be served only with food; and that there would be no bar area. Gerald Lance, Assistant to the Superintendent, Santa Ana Unified School District, 1405 French Street, reaffirmed the reasons for the School Board action protesting the granting of an ABC license contained in the letter dated September 13 to the ABC Board. In rebuttal, Mr. Jacobs stated that none of the property owners within three hundred feet of the property filed any protest; that the applicant would like to provide beer and wine with meals in order to compete with similar establishments in the area; that denial of the minor exception would create a hard- ship for the applicant. There were no other speakers, and the Mayor closed the public hearing. Councilman Brandt's motion to approve and file the Notice of Exemption and to grant Appeal No. 398, approving Minor Excep- tion 78-32, and overruling the decision of the Zoning Adminis- trator, seconded by Councilman Ortiz, failed to carry on a 3:4 vote, with Councilmen Ward, Garthe, Yamamoto and Mayor Evans dissenting. During the Council discussion prior to the vote, Councilman Yamamoto expressed the view that children walking to and from school should be protected from the potentially corrupting influence of liquor establishments. Mayor Evans concurred, and said that the granting of the minor exception would encourage the opening of more similar establishments close to schools. Councilman Ward commented that the area is already inundated with bars and that the schools have enough problems without adding to them. Councilman Bricken stated the opinion that the sale of beer and wine is fairly innocuous; that the restaurant must be able to serve these beverages in order to compete; that most of the restaurant patronage is during hours when schools are closed; and that restaurant sale of beer and wine presents no real danger to the morals of the school children. Coun- CITY COUNCIL MINUTES 488 DECEMBER 4, 1978