75A - PH - ORDINANCE REGULATING ALCOHOL SALE

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Sec. 41-636. Same--Notice of hearing. All public notification requirements shall comply with the provisions of Santa Ana Municipal Code section 2- 153(c). Section 38. Section 41-638 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-638. Standards for granting applications for minor exceptions, variances and conditional use permit and appeals. (a) The council; and planning commission, and in the case of minor exceptions the zoning administrator may grant according to the procedure outlined in this chapter: (1) Conditional use permits for specific uses located at a particular location when it shall be deemed: (i) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and (ii) That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; and (iii) That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area; (iv) That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and (v) That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. (2) Variances from and minor exceptions to the provisions of the Municipal Code when it appears that all of the following have been established: (i) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; 38 75A-58