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bk:10/26/09 • RESOLUTION NO. 2009-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2009-16 FOR THE PROPERTY LOCATED AT 2626 NORTH BRISTOL STREET, SUITE B 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 Conditional Use Permit No. 2009- 16 for a Type 21 Alcoholic Beverage Control license, which allows the sale of distilled spirits for off-premise consumption, for the property located at 2626 North Bristol Street, Suite B. • B. Conditional Use Permit No. 2009-16 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 16, 2009, less than one year since the denial by the Zoning. Administrator of a virtually identical application on or about September 24, 2008 (CUP No. 2008-33). The Zoning Administrator denied the application. This appeal followed. C. One matter brought forth at the Zoning Administrator hearing can be updated (Police File No. 09-28336). One of applicant's clerks, during an apparent dispute over use of parking spaces in the K&S parking lot, committed acts which led to his plea of guilty on October 13, 2009 to the misdemeanor violation of Penal Code sections 245(a)(1) (assault with a deadly weapon) and 417(a)(1) (brandishing a deadly weapon). The assailant was placed on three years probation. and sentenced to twenty days of physical labor with a CalTrans crew. This was at least the second incident recorded by Santa Ana Police Department related to K&S representatives regarding a dispute over use of the K&S parking lot. D. The Planning Commission determines that the following findings, which must be established in order to grant a Conditional Use Permit from the provisions of the Santa Ana Municipal Code, have not been established: • Resolution No. 2009-17 Page 1 of 6