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bk:12/11/09 <br />RESOLUTION NO.2009-16 <br />A RESOLUTION OF THE ZONING ADMINISTRATOR OF <br />THE CITY OF SANTA ANA APPROVING AMENDMENT TO <br />CONDITIONAL USE PERMIT NO. 2003-26 AS <br />CONDITIONED FOR A TYPE 21 ALCOHOLIC BEVERAGE <br />CONTROL LICENSE FOR THE PROPERTY LOCATED AT <br />3960 SOUTH MAIN STREET, UNIT D <br />BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA <br />ANA AS FOLLOWS: <br />Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. Applicant is requesting approval of a request to modify Conditional Use <br />Permit No. 2003-26 to upgrade from a Type 20 (off-premise consumption of <br />beer and wine) to a Type 21 (off-premise consumption of distilled spirits) <br />Alcoholic Beverage Control license for the property located at 3960 South <br />• Main Street, Unit D. <br />B. The request to modify Conditional Use Permit No. 2003-26 came before the <br />Zoning Administrator of the City of Santa Ana for a duly noticed public <br />hearing on December 16, 2009. <br />C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit <br />for the sale of alcoholic beverages for off-site consumption. <br />D. The Zoning Administrator determines that the following findings, which must <br />be established in order to grant a Conditional Use Permit from the provisions <br />of the Santa Ana Municipal Code Section 41-638, have been established: <br />1. Will the proposed use provide a service or facility which will contribute <br />to the general well being of the neighborhood or the community? <br />The proposed upgrade to the existing Alcoholic Beverage <br />Control (ABC) license for Owik Korner will provide an <br />additional service to the community by expanding the variety <br />of merchandise available to the neighborhood. Conditions <br />have been placed on the ABC license, which will mitigate any <br />potential impacts created by the sales of distilled spirits and <br />ensure that the use will not negatively affect the surrounding <br />community. <br />r~ <br />~J <br />Resolution No. 2009-16 <br />Page 1 of 7 <br />