HomeMy WebLinkAbout2004-08• RESOLUTION NO. 2004-08
KO/08/24/04
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA DENYING
CONDITIONAL USE PERMIT NO. 2004-04 FOR THE
PROPERTY LOCATED AT 413 NORTH EUCLID
STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby
finds, determines and declares as follows:
A. Conditional Use Permit No. 2004-04 has been filed with the City of
Santa Ana seeking a Type 41 Alcoholic Beverage Control license
which allows the sale of beer and wine for on-premise consumption
for the property located at 413 North Euclid Street.
B. Conditional Use Permit No. 2004-04 came before the Zoning
. Administrator of the City of Santa Ana for a public hearing on March
24, 2004 and the public hearing was continued to March 31, 2004,
April 28, 2004, May 19, 2004, and June 9, 2004. On June 9, 2004
the Zoning Administrator approved Conditional Use Permit No. 2004-
04.
C. On August 9, 2004, the Planning Commission held a duly noticed
public hearing for Conditional Use Permit No. 2004-04. The hearing
before the Planning Commission was de novo and the applicant bore
the burden of persuasion.
D. In addition to the staff report, the Planning Commission received
testimony from the Santa Ana Police Department detailing
information on police related incidents at the Hue Restaurant,
including details of multiple alleged violations of Business and
Professions Code Section Nos. 23300 and 23301, testimony from the
applicant's legal counsel and the public.
E. The Planning Commission determines that the following findings,
which must be established in order to grant a Conditional Use Permit
from the provisions of the Santa Ana Municipal Code, have not been
established:
Resolution No. 2004-08
Page 1 of 1
1. Will the proposed use provide a service or facility which will
• contribute to the general well being of the neighborhood or
community?
The proposed use will not benefit the community as the
existing restaurant has negatively impacted the
surrounding neighborhood. An alcohol license would
increase the number of disturbances occurring at the
subject property.
2. Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The proposed on-premise beer and wine license at Hue
Restaurant would be detrimental to persons residing or
working in the area because the use will create
negative impacts. The sale of alcoholic beverages will
create additional disturbances and will negatively affect
the surrounding residential properties.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The addition of alcoholic beverages to the menu at Hue
Restaurant will negatively impact the surrounding
commercial and residential properties. Continued
disturbances at the Hue Restaurant will lead to a
decrease in the economic value of surrounding
properties.
4. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 of the S.A.M.C. for such
use?
As conditioned, the proposed project will not be in
compliance with all applicable regulations and
conditions imposed on a restaurant selling beer and
wine pursuant to Chapter 41 of the Santa Ana
Municipal Code. Previous incidents at Hue Restaurant
indicate that the applicant has not complied with the
regulations and conditions of Chapter 41.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2004-08
Page 2 of 2
The proposed use will affect the General Plan. Policy
• 2.5 of the Land Use Element encourages commercial
uses that have balance between the economic benefits
and the negative impacts with surrounding
neighborhoods. Although the addition of an ancillary
alcohol license would provide additional revenue for
Hue Restaurant, the proposed use would create
negative impacts to the residents of Santa Ana.
F. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Statutory
Exemption Environmental Review No. 2002-437 will be filed for this
project.
Section 2. The Planning Commission of the City of Santa Ana after
conducting the public hearing hereby denies Conditional Use Permit No. 2004-04.
This decision is based upon the evidence submitted at the above said hearing,
which includes but not is not limited to: the Request for Planning Commission
Action dated August 9, 2004 and exhibits attached thereto; the testimony of the
Police Department representative, and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 23rd day of A
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
ugust 2004 by the following vote.
DeLaTorre, Lutz, Mondo, Nalle, Sinclair (5)
None (0)
Cribb, Leo (2)
None (0)
Glenn ondo
Chairm
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ;~' ~ _
Kylee 0,~, tto
Deputy ~r~y Attorney
Resolution No. 2004-08
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C
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Planning Commission Secretary, do hereby attest to and
certify the attached Resolution No. 2004-08 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on August 23, 2004.
Date: ~ ~ ~/~
Planning Commissio ecretary
City of Santa Ana
Resolution No. 2004-08
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