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L~~.~ vincic ry, i7>o <br />COUNCIL CHAMBERS <br />PUBLIC HEARINGS <br />DECEMBER 14, 1998 <br />COUNCIL CHAMBERS <br />22 CIVIC CENTER PLAZA <br />SANTA ANA, CALIFORNIA <br />ROLL CALL 7:00 p.m. <br />PLEDEGE OF ALLEGIANCE TO THE FLAG <br />PROCEDURAL <br />1. APPEAL OF THE ZONING ADMINISTRATOR'S ACTION N0.98-02 <br />Filed by Mr. Chan Le Minh to appeal the Zoning Administrator's action not to allow a Type 20 Alcohol <br />Beverage Control License in order to sell beer and wine for off-premise consumption at First Seafood Market <br />located at 210 West First Street, Suite 113 in the General Commercial (C2) zoning district. <br />(Continued by the Planning Commission November 9, 1998 to December 14, 1998) <br />LEGALLY NOTICED: October 30, 1998 <br />PUBLICLY NOTICED: November 9, 1998 <br />RECOMMENDATION: <br />Adopt a resolution denying Appeal of the Zoning Administrator's Action No. 98-02. <br />Ms. Melanie McCann, Assistant Planner II, presented the staff report and recommendation. <br />Mr. Alfredo Amezcua, representing the applicant, submitted correspondence to the Commission related to the <br />applicant's request, Mr. Amezcua informed the Commission that the applicant's request for an alcohol <br />beverage license had been denied by the Zoning Administrator due to the area being considered above average <br />in crime and the area was considered overconcentrated with alcoholic licenses. In addition, he stated that he <br />believed that the seafood market sales would not contribute to the crime rate in the area and expressed his <br />concern regarding the Police Department's data not indicating the types of crimes committed. He further <br />stated that the market was not in the same category as the nearby Arco gas station and Savon store nor did the <br />seafood mazket attract the same patrons and requested that the Commission authorize a public convenience <br />and necessity letter and overturn the Zoning Administrator's action. <br />The following public members spoke in opposition to the project and expressed concem with the negative <br />impacts an additional alcohol beverage control license would contribute to the area: <br />Priscilla Manserrate <br />Maria Medrani <br />Santa Jimenez <br />Luis Diaz <br />Mr. Amezcua responded to the issues raised by the public members. He reiterated to the Commission that the <br />seafood market would not contribute to the problems in the area and indicated that the applicant would like to <br />complement the seafood sales with the option to purchase wine; and he reminded the Commission that the <br />request was for off-premise consumption. <br />Mr. Adams noted to the Commission, as the Zoning Administrator, he did deny the applicant's request for the <br />license. He stated that it was a difficult decision due to the type of business requesting the license and his <br />decision was based only due to the overconcentrations of licenses in the area and the close proximity of the <br />school. <br />Motion to approve to approve Appeal No. 98-02 and directed staff to prepare conditions of approval for the <br />conditional use permit. <br />MOTION: Nalle <br />Motion failed. <br />SECOND: No second <br />Motion to deny Appeal of the Zoning Administrator's Action No. 98-02. <br />4 <br />