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PUBLIC HEARINGS <br />MARCH 27, 2000 <br />CITY HALL COUNCIL CHAMBERS <br />22 CIVIC CENTER PLAZA <br />SANTA ANA, CALIFORNIA <br />ROLL CALL T00 p.m. <br />PLEDGE OF ALLEGIANCE TO THE FLAG <br />PROCEDURAL <br />1. APPEAL OF THE ZONING ADMINISTRATOR'S DECISION NO. 00-01 Conditional Use Permit <br />No. 99-24 <br />Filed by Mr. Michael Cho to allow an upgrade in the Alcohol Beverage Control License (Type 21) in <br />order to sell beer, wine, and distilled spirits for off-premise consumption at the R Ranch Market located <br />at 2521 West McFadden Avenue. <br />PUBLISHED IN THE REGISTER: March 17, 2000 <br />PUBLICLY NOTICED: March 16, 2000 <br />RECOMMENDATION: <br />1. Receive and file the Categorical Exemption for Environmental Review No. 99-10. <br />2. Adopt a resolution denying Appeal of the Zoning Administrator's Decision No. 00-O1. <br />Mr. Vince Fregoso, Associate Planner, presented the staff report and recottunendation <br />' Mr. Adams also informed the Commission that he, as the City's Zoning Administrator, was prepared to <br />approve the request, contingent upon the application agreeing to comply with current code standards and <br />all conditions of approval. <br />Mr. Michael Cho, representing the applicant, indicated that the application was requesting an upgrade to <br />an existing alcoholic license. He further stated that the owner was reluctant to remove the water vending <br />machines and that there was a contractual agreement between the owner and the phone company due to a <br />possible lawsuit. In addition, he commented that there were many other businesses that had vending <br />machines and public telephones in the City that had not been removed, such as the Northgate Market. <br />Several Commissioners asked Mr. Cho if the property owner would be willing to relocate the vending <br />machines and the pay phones to the interior of the building. <br />Mr. Michael Shalabi, property owner, informed the Commission that he had been in business at the <br />location since 1982, that since he began his operations he had spent a great deal of funds cleaning and <br />maintaining the site. He further commented that relocating the machines to the interior of the building <br />was not feasible. <br />Commissioner Mondo requested staff to verify code compliance for all Northgate Market locations in the <br />City. He stated that he did not object to the request for the upgrade in the alcoholic license, however, he <br />would not consider approval with all of the code violations. In addition, he asked staff and the applicant <br />if they believe a continuance on the matter would be appropriate. <br />Mr. Michael Cho further commented that if the alcoholic license was not an issue, the applicant would <br />ldce to entertain a conditional approval to allow the property owner to comply with the conditions and if <br />in 12 months the applicant was not in compliance, the appropriate actions be taken. <br />Mr. Adams explained to the applicant that it was no the practice of the City to conditionally approve <br />applications. He further apprised the Commission that several Zoning Administrator hearings had been <br />continued to allow the applicant additional time to consider whether or not he wanted to comply with the <br />conditions of approval or receive a denial of the request. <br />After further discussions, the Commission granted a 15 minute recess to allow the applicant and his <br />representative to discuss the matter further <br />4 <br />