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HomeMy WebLinkAbout75-168CJL:pld I1-20-75 RESOLUTION NO. 75-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIrmING THE ACTION OF THE ZONING ADMINISTRATOR ON MINOR EXCEPTION PER- MIT APPLICATION NO. EX 75-29 WITH MODIFI- CATIONS APPROVING SAID MINOR EXCEPTION PERMIT APPLICATION FILED BY HOPE VIEIRA AS MODIFIED WHEREAS, the City Council of the City of Santa Ana duly set a public hearing, and a public hearing was duly held on November 17, 1975, to review the Zoning Administrator's approval of Minor Exception Permit Application No. EX 75-29. NOW, THEREFORE, BE IT RESOLVED, that based on such public hearing and the oral and documentary evidence submitted therein, the City Council of the City of Santa Ana does hereby affirm the action of the Zoning Administrator approving Minor Exception Permit Application No. EX 75-29 with modifications and does hereby approve said Minor Exception Permit Appli- cation filed by Hope Vieira as modified. BE IT FURTHER RESOLVED, that the City Council hereby adopts the Findings of Fact supporting approval of Minor Exception Permit Application No. EX 75-29 attached hereto as Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 17th day of November , 1975. ATTEST: ?NCE I. MALONE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss.: CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was introduced to said Council at its regular meeting held on the 17th day of November ,1975, and was at said meeting passed and adopted by the following vote, to wit: AYES: COUNCILMEN: Ward, Ortiz, Garthe Brandt NOES: COUNCILMEN: Evans, Yamamoto, Bricken ABSENT: COUNCILMEN: None FLORENCE I, MAI,~NE ~ /~~'APPROVED AS TO~ KEITH L. GOW, CITY ATTORNEY CITY COUNCIL OF THE CITY OF SANTA ~NA FINDINGS OF FACT SUPPORTING APPROVAL OF MINOR EXCEPTION 75-29 APPLICANT: Hope Vieira ADDRESS & ZONING: 2323 W. First Street M 1 District AP 7-361-9 SDM 11-5-10 PURPOSE: To allow on sale liquor in a restaurant within 300' of property used for residential purposes. STAFF RECOMMENDATION: Approval, 10-17-75 11:00 A.M. REASON FOR DECISION: A. This will be a bona fide restaurant as defined by Alco- holid Beverage Control. B. There will be no bar and there is presently no enter- tainment proposed. C. The only residential uses within 300' are mobile home parks to the south across First Street. HEARING ATTENDANCE: Mr. James W. Frederiskcon, developer DETAILS OF PROPOSAL: 1. Description of Proposal: The proposal is to open an existing vacant ~estaurant in a neighborhood shopping center. The applicant's request is for on sale liquor in connection with the serving of food, however approval of this minor exception is granted on the condition that on sale liquor sales be restricted to beer and wine. 2. Area Description: A. Property: Approxiamtely 175' x 255' or 1.3 acres located at the northwest corner of First and Santa Clara Streets. This is an existing neighborhood shopping center. B. Surrounding Development: North: East: South: West: vacant property commercial uses, vacant building trailer park, storage lot commercial uses, storage lot -Street System: First. is a planned arterial street, Santa'.Clara is a 60' wide local street EX 75-29 Page 1 EXHIBIT "A" Hope Vieira D. Comparable Applications or Circumstances: Several minor exceptions have been approved for on sale beer and wine within bona fide restaurants Within 300 feet of residential districts. E. Surrounding Zoning: Seeattached SDM F. Present Use: Vacant restaurant 3.The following standard requirements must be met: A. Planning: 1,2,4,6,7,8,9,10,13,14 B. Public Works: None .Applicant shall not sell alcoholic beverages on premises other than beer and wine. 5.General Findings: A. 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 Chapter 41 of the Santa Ana Municipal Code; and B. That the granting of the Minor Exception is necessary for the preservation and enjoyment of one or more substan- tial property rights; and C. That the granting of the Minor Exception will not be materially detrimental to the public welfare or injurious to surrounding property; and D. That the granting of the Minor Exception will not adver- sely effect the general plan of the City of Santa Ana. COMPLIANCE WITH CEQA PROCEDURES - CATEGORICAL EXEMPTION EX 75-29 Page 2. EXHIBIT "A"