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bkjf:1 /25/10 <br />RESOLUTION NO. 2010-005 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA <br />ANA GRANTING MODIFICATIONS TO VARIANCE NO. 2004-09 FOR <br />A TYPE 48 "PUBLIC PREMISES" ALCOHOLIC BEVERAGE <br />CONTROL LICENSE FOR THE PROPERTY LOCATED AT 215 <br />NORTH BROADWAY <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines and <br />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 />F. During the pendency of its application for modifications, applicant modified or <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. 2010-005 <br />Page 1 of 10 <br />