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• RESOLUTION NO. 2005-65 <br />KO - 8/5/05 <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA MODIFYING CONDITIONAL <br />USE PERMIT NO. 1995-11 FOR A TYPE 41 ALCOHOLIC <br />BEVERAGE CONTROL LICENSE FOR THE PROPERTY <br />LOCATED AT 400 WEST FOURTH STREET <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF <br />SANTA 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. On June 7, 1995, the Zoning Administrator of the City of Santa Ana <br />approved Conditional Use Permit No. 1995-11. On April 9, 2001, the <br />Planning Commission modified Conditional Use Permit No. 1995-11. <br />B. The applicant is requesting a further modification to Conditional Use <br />Permit No. 1995-11, for a Type 41 Alcoholic Beverage Control license to <br />allow the on-premise sale of beer, wine and distilled spirits at Shelly's <br />• Courthouse Bistro located at 400 West Fourth Street to extend the hours <br />of operation to 2:00 a.m. seven days a week. <br />C. Santa Ana Municipal Code Section 41-196 requires a conditional use <br />permit for the sale of alcoholic beverages for on-site consumption. <br />D. Santa Ana Municipal Code Section 41-649 and 41-638 authorizes the <br />Planning Commission to modify a conditional use permit upon making <br />certain findings. <br />1. Will the proposed use provide a service or facility which will <br />contribute to the general well being of the neighborhood or the <br />community? <br />The modifications to the conditional use permit to allow the <br />extended hours of operation will provide an ancillary service <br />and amenity to the downtown and Artists Village and thereby <br />benefit the community. Additional conditions have been <br />placed on the Alcoholic Beverage Control license that will <br />mitigate potential impacts created by the use and ensure <br />that the use will not negatively affect the surrounding <br />community. <br />2. Will the proposed use under the circumstances of the particular <br />case be detrimental to the health, safety, or general welfare of <br />• persons residing or working in the vicinity? <br />Resolution No. 2005-65 <br />Page 1 of 3 <br />