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ORDINANCE NO. NS-1994 <br />PAGE TWO <br /> <br />SECTION 2: That section 41-645.5 of the Santa Ana Municipal <br />Code is hereby amended to read as follows: <br /> <br />Sec. 41-645.5. Same--conditional use permits for the sale <br /> of alcoholic beverages. <br /> <br /> (a) Notwithstanding any other provision of this <br />article, and subject to subsection (b) of this section, <br />the decision of the planning commission on any application <br />for a conditional use permit for the sale of alcoholic <br />beverages pursuant to section 41-196 shall be final and <br />shall not be subject to appeal to the city council. <br /> <br /> (b) Within two (2) days following the date of a <br />planning commission decision on a conditional use permit <br />for the sale of alcoholic beverages, the planning manager <br />shall send a written report of such decision to the <br />members of the city council. If, within twenty-one (21) <br />days following the date of such a planning commission <br />decision, the city council sets the matter for public hear- <br />ing, then the decision of the planning commission shall <br />be vacated and the conditional use permit application <br />shall be heard and decided by the city council. <br /> <br /> (c) In the event that authority to grant or deny <br />conditional use permits for the sale of alcoholic beverages <br />is delegated to the zoning administrator pursuant to section <br />41-630(b), then, with regard to any such conditional use <br />permit, the hearing referenced in section 61-643 shall be <br />by the planning commission rather than the city council, <br />and an appeal from the decision of the zoning administrator <br />pursuant to section 41-645 shall be to the planning com- <br />mission rather than the city council. <br /> <br />SECTION 3: In accordance with section 41-630(b) of the Santa <br />Ana Municipal Code the City Council hereby consents to the <br />delegation by the Planning Commission to the Zoning Admini- <br />strator of authority to act on conditional use permit applica- <br />tions pertaining to the sale of alcoholic beverages. <br /> <br />SECTION 4: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to <br />be invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the <br /> <br /> <br />