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owner of Memphis Restaurant; Nathan Hudle; James Kendrick, owner of Rags <br />Newsstand; Jason Rutherford, Santa Ana resident; and Travis Raymond, Santa <br />Ana resident. <br />Commissioner Yrarrazaval recommended allowing open door rear access of the <br />bar, but without any furniture. He also noted that Exhibit 3 was incorrect, as <br />there is no "new exterior patio". The applicants stated they no longer were <br />seeking approval of an outdoor patio. <br />The public hearing was closed. <br />MOTION FOR PUBLIC HEARING ITEMS 1 AND 2: <br />1. Grant Appeal No. 2009-06 as amended by the applicant to withdraw <br />requests for outdoor patio alcohol service, dancing (pending modifications <br />to the SAMC as it pertains to dancing), and reducing the hours of <br />operation. <br />2. Uphold the Zoning Administrator's action granting in part and denying in <br />part modifications to Conditional Use Permit No. 2004-21, with the <br />exception of those items addressed in Appeal No. 2009-06 and as <br />conditioned. <br />3. Adopt a resolution approving modifications to Variance No. 2004-09 <br />allowing a cover charge, serving draft beer, allowing bottle service, <br />advertising or signs indicating the availability of alcohol, expansion into <br />the basement level, ability to leave the rear door open to the alley, and <br />allowing the hours of operation from 11:00 a.m. to 2:00 a.m. as conditioned. <br /> MOTION: Yrarrazaval SECOND: Gartner <br /> AYES: Alderete, Betancourt ,Gartner, Leo, Turner, Yrarrazaval (6) <br /> NOES: <br />ABSTAIN: None (0) <br />None (0) <br /> ABSENT: None (0) <br />3. MODIFICATION TO CONDITIONAL USE PERMIT NO. 2006-21 AND <br />VARIANCE NO. 2009-04 <br />Filed by Sequoia Deployment Services for a modification to Conditional Use <br />Permit No. 2006-21 and Variance No. 2009-04, to allow an increase in height for <br />a second carrier on an existing 60 foot high facility 2649-3/4 West First Street <br />located in the Light Industrial (M1) zoning district. <br />PUBLISHED IN THE ORANGE COUNTY REPORTER: December 4, 2009 <br />PUBLICLY NOTICED: December 4, 2009 <br />RECOMMENDATION: <br />1. Adopt a resolution approving modifications to Conditional Use Permit No. <br />2006-21 as conditioned. <br />2. Adopt a resolution approving Variance No. 2009-04 as conditioned. <br />Associate Planner Larry Yenglin presented the staff report and recommendation. <br />The public hearing was opened. Gil Gonzalez, representing AT&T, spoke in <br />support of the project. The public hearing was closed. <br />MOTION: <br />1. Adopt a resolution approving modifications to Conditional Use Permit <br />No. 2006-21 as conditioned. <br />2. Adopt a resolution approving Variance No. 2009-04 as conditioned. <br />Planning Commission Minutes 4 December 14, 2009 <br />