75B - VARIANCE NO 2004-09 - 215 NORTH BROADWAY

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bk:12l29/09 RESOLUTION NO. 2009-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA GRANTING MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2004-21 AND VARIANCE NO. 2004-09 AND GRANTING APPEAL NO. 2009-06 FOR A TYPE 48 "PUBLIC PREMISES" ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 215 NORTH BROADWAY 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. Applicant is requesting approval of modifications to Conditional Use Permit No. 2004- 21 for a Type 48 (on-site general "public premises") Alcoholic Beverage Control license and Variance No. 2004-09 for the property located at 215 North Broadway, currently operated as the Proof Bar. B. The request to modify Conditional Use Permit No. 2004-21 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 4, 2009. C. The changes requested include the hours of operation, outdoor sale and consumption of alcohol, allowing the rear door to be kept open, sale of draft beer, sale of "hard" alcohol by the bottle, dancing, the allowance of a cover charge and the expansion of the bar into the basement. Following a public hearing, the Zoning Administrator granted the application in part and denied it in part. Appeal No. 2009-06 to this Planning Commission was thereafter filed by the applicant. D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. E. The applicant's appeal, together with the request to modify Conditional Use Permit No. 2004-21 and Variance No. 2004-09, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 14, 2009. F. During the pendency of its application for modifications, applicant modified or eliminated three (3) requests. Applicant and City staff agreed to extended hours of operation which were less than those initially requested by applicant. Applicant formally withdrew its request for the Planning Commission to permit patron dancing upon staff's proposed revision (which the Planning Commission approves) of Condition No. 13 to the CUP and Variance. Finally, applicant withdrew any request to construct fixtures in the outdoor space behind its tenant space and/or to operate this outdoor space as a patio. Resolution No. 2009-21 Page 1 75B-21