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RESOLUTION NO. 2004-36 KO-09/30/04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-09 AS CONDITIONED FOR A BAR AT THE PROPERTY LOCATED AT 215 NORTH BROADWAY 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. Variance No. 2004-09 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 13, 2004. B. Variance No. 2004-09 has been filed with the City of Santa Ana seeking to allow a bar at the property located at 215 North Broadway. C. Santa Ana Municipal Code Section 41-191(b)(5) identifies public premises selling beer or liquor for consumption as their primary business as a regulated use. Applicant is seeking a variance from this Municipal Code section. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at minor exception with the intent and purpose of the provisions of this Chapter. The proposed bar will provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The allowance of a bar within the Artists Village provides an additional nighttime amenity to the area. The provision of a bar could create a negative impact to the surroundings, as such additional conditions have been placed on Variance No. 2004- 09 that will mitigate potential impacts created by the Resolution No. 2004-36 Page 1 of 3