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GAS:1/23/01 RESOLUTION NO.O1-O1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CON- DITIONAL USE PERNIIT NO. 96-39 TO ALLOW NON- AMPLIFIED LIVE MUSIC AT THE EL TAPITIO RESTAURANT LOCATED AT 3700 WEST WARNER WHEREAS, the Planning Commission held a public hearing on January 8, 2001, to hear a request for four modifications to the conditions of approval for Conditional Use Permit No. 96-39, specifically pertaining to extending the hours which alcohol can be served, serving alcohol beverages without purchase of food items, allowing public dancing, and allowing all types of music to occur at the restaurant, WHEREAS, the Planning Commission denied the request for modifications to the conditions of approval for Conditional Use Permit No. 9b-39 related to extending the hours which alcohol can be served, serving alcoholic beverages without purchase of food item, and allowing public dancing, WII~REAS, the Planning Commission recommended modifying a condition of approval to Conditional Use Permit No. 96-39, to allow non-amplified live music of all types at the restaurant, • NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the above said hearing, this Commission finds and determines as follows: A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The property is currently a viable restaurant and as such provides a service and contributes to the general well being of the community. Providing additional live entertainment opportunities may enhance the ambiance of the restaurant, however, taken as a whole, the combined effect of the other requested changes indicates that this establishment intends to transition into a nightclub use which may cause additional police calls for service to this establishment. There have already been Police Department calls for service at this location including a gang related shooting. Additional calls for service would pull police resources from other areas of the City, which would have negative impacts to the general well being of the neighborhood and the community. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? •