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RESOLUTION NO. 2024-XXX <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA APPROVING A MODIFICATION <br />TO CONDITIONAL USE PERMIT NO. 2005-22 (CUP NO. <br />2005-22-MOD-1) AS CONDITIONED AND MAKING A <br />DETERMINATION OF PUBLIC CONVENIENCE OR <br />NECESSITY TO ALLOW THE SALE OF DISTILLED <br />SPIRITS, IN ADDITION TO BEER AND WINE, FOR OFF - <br />PREMISES CONSUMPTION FOR THE TARGET STORE <br />LOCATED AT 1441 WEST SEVENTEENTH STREET <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA <br />ANA AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines, and declares as follows: <br />A. Beth Aboulafia with Hinman and Carmichael, LLP., representing Target <br />Corporation ("Applicant" and "Property Owner"), is requesting approval of a <br />modification to Conditional Use Permit ("CUP") No. 2005-22 ("CUP No. <br />2005-22-MOD-1 ") to modify an existing CUP and approval to make a <br />determination of Public Convenience or Necessity ("PCN") to allow the sale <br />of distilled spirits, in addition to beer and wine, for off -premises consumption <br />at an existing Target store located at 1441 West Seventeenth Street. <br />B. Santa Ana Municipal Code ("SAMC") Section 41-196 requires approval of a <br />CUP for establishments wishing to sell alcoholic beverages for off -premises <br />consumption. <br />C. SAMC Section 41-649 requires approval of a modification of an approved <br />CUP. <br />D. On November 28, 2005, the Planning Commission adopted Resolution No. <br />2005-18 approving CUP No. 2005-22 allowing the sale of beer and wine for <br />off -premises consumption at 1441 West Seventeenth Street. <br />E. SAMC Section 41-645.5, and California Business and Professions Code <br />Section 23958.4, requires a determination of PCN when a request for the <br />sale of alcoholic beverages for off -premises consumption is located within <br />an area deemed to have an undue concentration of off -premises alcohol <br />licenses as determined by the Department of Alcoholic Beverage Control <br />("ABC'). <br />Resolution No. 2024-XXX <br />City Council 28 — 256 81 2t4 8 <br />