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The Assistant City Attorney suggested that, if Council wishes to hear the matter, <br />only now testimony or new evidence that was not considered by the Planning <br />Commission be accepted; that if Council determines grounds for revocation may <br />exist it would be appropriate to refer the matter back to the Planning Commission. <br />If no new evidence of grounds for revocation is determined, he suggested that <br />Council instruct staff to continue to m~nitor development and to bring the <br />matter back to the Planning Commission for consideration of revocation if <br />violations of the CUP conditions occur. <br /> <br />Speakers were: <br /> <br />James P. Caristi, 1001 West MacArthur Blvd., Apt. 112 <br />Paul Watkins, 4299 MacArthur Blvd., Newport Beach, representing Daon <br /> Corporation, owner of the property <br />Norman Lytle, 4041 MacArthur Blvd., Newport Beach, representing Daon <br /> Corporation <br />David Quezada, Legal Aid Society of Orange County <br />Sylvia Brown, 1001 West MacArthur Blvd. Apt. 17 <br /> <br />Following Council discussion, MOTION was made by Yamamoto, seconded by Serrato, <br />to refer the matter back to the Planning Commission, with instruction to consider <br />new evidence. The motion was AMENDED by Griset, seconded by Luxembourger, to <br />require that all now evidence be made available to all concerned parties and <br />the City staff on or before June 15, 1979. MOTION and AMEND~NT carried by <br />the following vote: <br /> <br /> AYES: <br /> NOES: <br />ABSENT: <br /> <br />BRIC~I~N, GRISET, LUXE~BOJRGER, MARKEL, SERRATO <br />YAMAMOTO <br />WARD <br /> <br />CA 13.4 <br /> <br />The ~layor returned to the Council Chambers <br /> <br />PUBLIC HEARING <br />VARIANCE NO. 77-33 <br />1446 S. FLOWER ST. <br />REVOCATION PROCEEDINGS - TERMINATED <br /> <br />Planning Commission of Variance No. 77-33, <br />business in an existing service station at <br />District, continued by Council on December <br /> <br />at 12:40 a.m. and resumed the Chair. <br /> <br />The Mayor announced that this was the <br />time and place for the continuation of <br />the public hearing for consideration <br />of Appeal Ne. 399 filed by Michael <br />A. Saba of the revocation by the' <br />which allows an automobile repair <br />1446 South Flower Street in the Ri <br />4, 1978. <br /> <br />The Assistant Planner smmmrized the information contained in the Planning <br />Department report dated May 30, 1979, stating that the subject property has <br />been abandoned as a garage and is vacant at the present time. <br /> <br />MOTION was made by Bricken, seconded by Griset, to terminate revocation proceedings <br />and allow Variance Application 77-33 to remain in full force and effect. <br /> <br />AYES: BRICKEN, GRISET, LUXEMBOURGBR, MARKEL, SERRATO, WARD <br />NOES: YAMAMOTO <br /> <br />CA 13.3 <br /> <br />MINOR EXCEPTION 79-11 The Mayor opened the public hearing <br />2401 S. FAIRVIEW STREET to consider the Notice of Exemption <br />APPROVED and Minor Exception 79-11, which <br /> would allow on-sale beer and wine <br />in a proposed restaurant within a shopping center located within 300 feet of <br />residences in the C4 District at 2401 South Fairviow Street. <br /> <br />The Assistant Planner described the property and the conditions imposed by the <br />Zoning Administrator for approval on May 7, 1979. <br /> <br />The Deputy Clerk reported there were no written comnunications. <br /> <br />Robert Sader, Park Pantry Restaurants, said that he was present to answer any <br />questions Council might have. <br /> <br />There were no speakers for or against the proposal. The Mayor closed the public <br />hearing. <br /> <br />CITY COUNCIL MINUTES <br /> <br />193 JUNE 4, 1979 <br /> <br /> <br />