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• RESOLUTION N0.2001-OS <br />A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE <br />CITY OF SANTA ANA MODIFYING IN PART CONDITIONAL <br />USE PERMIT NO. 95-11 TO ALLOW THE SERVICE OF <br />ALCOHOLIC BEVERAGES IN THE OUTDOOR DINING AREA <br />AND EXTEND THE HOURS OF OPERATION OF SHELLY' S <br />COURTHOUSE BISTRO LOCATED AT 400 WEST FOURTH <br />STREET <br />WHEREAS, the applicant is requesting the approval of modifications to Conditional Use Permit No. <br />95-11 to allow a fixed bar, the sale of beer, wine and distilled spirits within the existing outdoor dining area, <br />modification to the hours of operation, and the extension of hours of alcoholic beverage sales to 1:30 a.m. on <br />Friday and Saturday, at Shelly's Courthouse Bistro located at 400 West Fourth Street; <br />WHEREAS, the applicant requested allowance to provide entertainment on the premises at initial <br />hearing on the request on January 2, 2001, and the Zoning Administrator continued the hearing to January 31, <br />2001, to allow staff to review the request; and <br />WHEREAS, at the hearing on January 31, 2001, the matter was continued to February 28, 2001, for <br />staff to evaluate certain issues; <br />• NOW, THEREFORE, BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF <br />SANTA ANA AS FOLLOWS: <br />1. Based upon the evidence submitted at the above said hearing, this Zoning Administrator finds and <br />determines as follows: <br />A. Will the proposed use provide a service or facility which will contribute to the general well being of the <br />neighborhood or community? <br />The proposed amendment to allow alcoholic consumption within the outdoor dining area and the <br />modification to the hours of operation will provide an ancillary service to the restaurant and <br />thereby benefit the community by providing an additional food-related amenity at an eating <br />establishment. The provision of a bar and entertainment within the premises coupled with <br />conditions to only serve alcohol in conjunction with food sales and the hour limitations will <br />ensure that the bar and entertainment remain ancillary to the restaurant. The two additional <br />hours of operation and the allowance for non-amplified music within the restaurant will not <br />significantly alter the operational character of the restaurant. Additional conditions have been <br />placed on the Alcoholic Beverage Control license which will mitigate any potential impacts <br />created by the use and ensure that the use will not negatively affect the surrounding community. <br />B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, <br />or general welfare of persons residing or working in the vicinity? <br />• <br />