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PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 PUBLICLY NOTICED: December 4, 2009 RECOMMENDATION: 1. Deny Appeal No. 2009-06. 2. Uphold the Zoning Administrator's action granting in part and denying in part modifications to Conditional Use Permit No. 2004-21. Principal Planner Sergio Klotz presented the staff report and recommendation. 2. MODIFICATIONS TO VARIANCE NO. 2004-09 Filed by Justin Reuter/Joey Mendes, applicants for the Proof Bar, to allow modifications to Variance No. 2004-09 at 215 North Broadway located in the Central Business-Artists Village (C3-A) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 PUBLICLY NOTICED: December 4, 2009 RECOMMENDATION: 1. Adopt a resolution approving modifications to Variance No. 2004-09 allowing a cover charge, serving draft beer, allowing bottle service, advertising or signs indicating the availability of alcohol, expansion into the basement level and allowing the hours of operation from 11:00 a.m. to 2:00 a.m. as conditioned. 2. Adopt a resolution denying modifications to Variance No. 2004-09 pertaining to dancing modification and an open rear door. These conditions are to remain in place. Principal Planner Klotz presented the staff report and recommendation. Commission discussion ensued regarding access to the alley via the rear door for purposes of patron smoking, the restrictions on outdoor dining permits in the public right-of-way, the potential for incompatibility of the bar use with nearby residential uses due to the possible issuance of noise from the bar were the back door to remain open, the availability of emergency access to the alley, pending modifications for dancing requirement and request for periodic review reports from the SAPD to the Commission. SAPD Officer Pena provided a summary of service calls related to the Proof Bar. The public hearing was opened. Applicant Justin Reuter provided the Commission with letters of support from Dennis Cubbage, CSUF Grand Central Art Center located at the Artists Village and Carrie Polonsky with The Court at Artists Village managed by Advanced Management Company. Co-applicant Joey Mendes clarified that they wished to withdraw the portion of the appeal requesting a patio for alcohol service in the alley, and allowing patron dancing pending modifications to the SAMC regarding dancing. Public speaking in support of the project: Phil Bacerra, Santa Ana resident; Kevin Poush, account executive for OC Weekly; David Hastie, Santa Ana resident and Planning Commission Minutes 3 December 14, 2009