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• <br />RESOLUTION NO.2009-14 <br />BK - 09/24/09 <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE <br />CITY OF SANTA ANA DENYING CONDITIONAL USE <br />PERMIT NO. 2009-13 FOR A TYPE 20 ALCOHOLIC <br />BEVERAGE CONTROL LICENSE FOR THE PROPERTY <br />LOCATED AT 1041 WEST FIRST STREET <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA <br />ANA AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. Applicant is requesting approval of Conditional Use Permit No. 2009-13 for a <br />Type 20 (off-premise consumption of beer and wine) Alcoholic Beverage <br />Control license for the property located at 1041 West First Street. <br />B. Conditional Use Permit No. 2009-13 came before the Zoning Administrator <br />of the City of Santa Ana for a duly noticed public hearing on July 29, 2009. <br />• At the conclusion of the public hearing, being fully informed, the Zoning <br />Administrator adopted a resolution denying the conditional use permit. This <br />de novo appeal followed, for which a duly noticed public hearing was held <br />September 28, 2009. <br />C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit <br />for the sale of alcoholic beverages for off-site consumption. <br />D. The Planning Commission determines that the following findings, which <br />must be established in order to grant a Conditional Use Permit from the <br />provisions of the Santa Ana Municipal Code Section 41-638, have been <br />established: <br />1. Will the proposed use provide a service or facility which will contribute <br />to the general well being of the neighborhood or the community? <br />The proposed alcohol license will not provide an additional <br />amenity to the community as there is one other establishment <br />in the vicinity that offers beer and wine for off-premise sales. <br />The off-premise alcoholic beverage license has the potential to <br />attract nuisances to the adjacent park, schools, commercial <br />and residential areas which will not contribute to the general <br />well being of the neighborhood or community. <br />• <br />Resolution No. 2009-14 <br />Page 1 of 5 <br />