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LS 12.9.19 <br />RESOLUTION NO, 2019-51 <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA APPROVING CONDITIONAL <br />USE PERMIT NO. 2019-39 AS CONDITIONED TO ALLOW <br />A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE <br />FOR ON -PREMISES SALE AND CONSUMPTION OF BEER, <br />WINE AND DISTILLED SPIRITS FOR AN EXISTING <br />BANQUET FACILITY LOCATED AT 207 WEST SECOND <br />STREET, UNITS A AND B <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF <br />SANTA ANA AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. Ted Flati, representing Mastroianni Family Enterprises LTD (dba Jay <br />Catering) ("Applicant"), is requesting approval of Conditional Use Permit No. <br />2019-39 to allow the sale of alcoholic beverages for on -premises <br />consumption at an existing banquet facility located at 207 West Second <br />Street, Unit A, which will be expanding into the adjacent tenant space <br />located at 207 West Second Street, Unit B. <br />B. On October 28, 2013, the Planning Commission adopted Resolution No. <br />2013-24 approving Conditional Use Permit Nos. 2013-12, 2013-13 and <br />2013-14 to allow a Type 47 Alcoholic Beverage Control (ABC) license for <br />the on -premises sale and consumption of beer, wine, and distilled spirits, <br />after-hours operations and to allow a banquet use at a newly proposed <br />restaurant located at 207 West Second Street, Unit A. <br />C. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), a <br />conditional use permit approved in accordance with the procedures and <br />considerations as provided in the SAMC, automatically becomes void after <br />two years from the effective date of such approval when the owner fails to <br />institute an action to erect, build, alter, move or maintain the use of the <br />property as specified in the terms and conditions of the conditional use <br />permit. <br />D. By October 28, 2015, the applicant for Conditional Use Permit No. 2013- <br />12 had not obtained an Alcoholic Beverage Control license with the State. <br />Therefore, Conditional Use Permit No. 2013-12 automatically became null <br />and void. <br />E. Santa Ana Municipal Code Section 41-196 requires approval of a <br />conditional use permit for establishments wishing to sell alcohol for on - <br />premises consumption. <br />Resolution No. 2019-51 <br />Page 1 of 9 <br />