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

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The proposed modifications will not adversely affect the General Plan. Bars and ancillary uses such as alcoholic beverage control licenses are permitted within the Central Business-Artists Village (C3-A) zoning district and the District Center (DC) General Plan designation. The project will help to facilitate Goal 2.0 to "Promote land uses which enhance the City's economic and fiscal viability." The modifications supported will help to provide a service to complement other uses within the growing Artists Village. Further, Goal 4.0 of the Land Use Element, protect and enhance development sites and districts which are unique community assets that enhance the quality of life. An establishment that adds to the nightlife of the Artists Village promotes the unique makeup of the area with a mix of residences and commercial businesses. H. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed modifications to conditional use permit to allow a cover charge, serving draft beer, bottle service, advertising or signs indicating the availability of alcohol, usage of the basement and to allow the hours of operation from 11:00 a.m. to 2:00 a.m. will continue to provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The provision of a bar could create a negative impact to the surroundings. Modified conditions have been placed on the Alcoholic Beverage Control license that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The approval of the modifications, noted in subsection1 above, to the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The sale of alcoholic beverages will occur on the premises. Moreover, conditions are imposed to mitigate potential impacts to those in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The "public premises" is a suitable and appropriate use within the downtown setting. The modification supported should increase the patronage within the Artists Village, thereby enhancing the viability of Resolution No. 2009-21 Page 3 75B-23