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bk:12/29/09 <br /> RESOLUTION NO. 2009-21 <br /> A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF <br /> SANTA ANA GRANTING MODIFICATIONS TO CONDITIONAL USE <br /> PERMIT NO. 2004-21 AND VARIANCE NO. 2004-09 AND GRANTING <br /> APPEAL NO. 2009-06 FOR A TYPE 48 "PUBLIC PREMISES" <br /> ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY <br /> LOCATED AT 215 NORTH BROADWAY <br /> BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS <br /> FOLLOWS: <br /> Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines <br /> <br /> and declares as follows: <br /> A. Applicant is requesting approval of modifications to Conditional Use Permit No. 2004- <br /> 21 for a Type 48 (on-site general "public premises") Alcoholic Beverage Control <br /> license and Variance No. 2004-09 for the property located at 215 North Broadway, <br /> currently operated as the Proof Bar. <br /> B. The request to modify Conditional Use Permit No. 2004-21 came before the Zoning <br /> Administrator of the City of Santa Ana for a duly noticed public hearing on November <br /> 4, 2009. <br /> C. The changes requested include the hours of operation, outdoor sale and consumption <br /> of alcohol, allowing the rear door to be kept open, sale of draft beer, sale of "hard" <br /> alcohol by the bottle, dancing, the allowance of a cover charge and the expansion of <br /> the bar into the basement. Following a public hearing, the Zoning Administrator <br /> granted the application in part and denied it in part. Appeal No. 2009-06 to this <br /> Planning Commission was thereafter filed by the applicant. <br /> D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the <br /> sale of alcoholic beverages for on-site consumption. <br /> E. The applicant's appeal, together with the request to modify Conditional Use Permit <br /> No. 2004-21 and Variance No. 2004-09, came before the Planning Commission of <br /> the City of Santa Ana for a duly noticed public hearing on December 14, 2009. <br /> I <br /> F. During the pendency of its application for modifications, applicant modified or ~I <br /> eliminated three (3) requests. Applicant and City staff agreed to extended hours of <br /> operation which were less than those initially requested by applicant. Applicant <br /> formally withdrew its request for the Planning Commission to permit patron dancing <br /> upon staff's proposed revision (which the Planning Commission approves) of <br /> Condition No. 13 to the CUP and Variance. Finally, applicant withdrew any request <br /> to construct fixtures in the outdoor space behind its tenant space and/or to operate <br /> this outdoor space as a patio. <br /> Resolution No. 2009-21 <br /> Page 1 <br /> 31 B-20 <br /> <br />