RESO 2019-37_325 N TUSTIN AVENUE (AFTER HOURS)

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LS 9.9.19 RESOLUTION NO. 2019-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of Conditional Use Permit No. 2019-31 to allow a retail convenience store located at 325 North Tustin Avenue to operate 24 hours a day. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) and 41-377.5 require approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at anytime between the hours of 12:00 a.m. and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit ("CUP") for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-31. E. The Planning Commission of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-31, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which Resolution No. 2019-37 Page 1 of 8