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KO-09/27/04 RESOLUTION NO. 2004-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2004-08, APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, AMENDING CONDITIONAL USE PERMIT NO. 2003-17 AS CONDITIONED TO ALLOW A DRIVE- THROUGH WINDOW SERVICE AND APPROVING VARIANCE NO. 2004-05 AS CONDITIONED FOR A REDUCTION IN THE ON-SITE PARKING FOR THE PROPERTY LOCATED AT 2701 NORTH BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant requested approval of Variance No. 2004-05 to allow a reduction in the off-street parking requirement and an amendment to Conditional Use Permit No. 2003-17, which permitted drive-through window service, for a new commercial development at 2701 North Bristol Street. B. The Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-181, the amendment to Conditional Use Permit No. 2003-17 and Variance No. 2004-05 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 9, 2004. The Planning Commission voted by a vote of 5:2 (De La Torre, and Sinclair opposed) to approve and adopt the Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 2004-18, approve the amendment to Conditional Use Permit No. 2003-17 and Variance No. 2004-05 as conditioned. C. Applicant appealed Planning Commission's decision, specifically objecting to Condition NO.8 of the Conditional Use Permit No. 2003-17, which read, U[t]he four proposed tenant spaces shown on the southwest corner of the site plan (Exhibit 3) shall be reduced to three tenant spaces. The overall square footage may remain unchanged." 758-3 Resolution No. 2004- Page 1 of 6