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Conditions for Approval for Variance No. 2004-08 Variance No. 2004-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. • 2. Any amendment to this variance must be submitted to the Planning Commission, the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operation of the theater shall be characterized by the common meaning of a theater and shall not operate as an indoor entertainment establishment, as defined in Section 41-142, nor as a nightclub or a bar. 4. The hours of operation for the theater and first floor bar shall be as follows: Monday through Friday 6:00 p.m. to 12:00 a.m. and on Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. 5. The truck loading area shall only operate between 8:00 a.m. and 5:00 p.m. Monday through Friday. No deliveries will occur at any other time. 6. The applicant shall record an exclusive use easement, in a form acceptable to the City Attorney of the City of Santa Ana, for egress, ingress and parking of 230 vehicles during the theater, restaurant and bar hours of operation for 1055 North Bush Street and 1055 North Main Street, or any other property with 230 available parking stalls located within 800 feet of the proposed venue. Said easement shall remain in effect in perpetuity or until such time as the building is demolished. • 7. All required parking for the theater and restaurant shall be provided free of cost to the patrons. Exhibit "A"