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ROH - 05/23/11 <br />RESOLUTION NO. 2011-10 <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT <br />NO. 1996-30 AS CONDITIONED FOR THE PROPERTY LOCATED <br />AT 416 WEST FOURTH STREET <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. Applicant is requesting approval of modification to Conditional Use Permit No. <br />1996-30 to allow expansion into the basement level and entertainment seven days <br />a week between the hours of 7:00 a.m. to 2:00 a.m. as conditioned, for the Velvet <br />Lounge located at 416 West Fourth Street. <br />B. In 1996, the Planning Commission of the City of Santa Ana approved Conditional <br />Use Permit No. 1996-30 as conditioned allowing alcohol service within an existing <br />eating establishment. <br />C. Santa Ana Municipal Code Section 41-196 and 41-638 authorizes the Planning <br />Commission to modify a conditional use permit upon making certain findings. <br />1. Will the proposed use provide a service or facility which will contribute to the <br />general well being of the neighborhood or the community? <br />The proposed conditional use permit modifications will continue to <br />provide an ancillary service to the restaurant customers by allowing <br />them the ability to purchase beer, wine and distilled spirits with their <br />food. This will thereby benefit the community by continuing to provide <br />a restaurant with an additional and complementary food-related <br />amenity. Conditions have been placed on the alcoholic beverage <br />control license which will mitigate any potential impacts created by the <br />use and ensure that the use will not negatively affect the surrounding <br />community. <br />2. Will the proposed use under the circumstances of the particular case be <br />detrimental to the health, safety, or general welfare of persons residing or <br />working in the vicinity? <br />The proposed amendments to the existing conditional use permit for <br />the on-sale consumption of beer, wine and distilled spirits at the <br />restaurant will not be detrimental to persons residing or working in the <br />vicinity because conditions have been placed on the alcoholic <br />Resolution No. 2011-10 <br />Page 1 of 9 <br />31 A-17