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Conditional Use Permit No. 2005-08 Variance No. 2005-04 April 25, 2005 Page 3 within the Santa Ana Municipal Code (SAMC). Although mitigation measures were proposed that could reduce the noise level to an acceptable level, such as a 12-foot high sound wall along the southern edge of the car wash, the installation of a specific type of car wash system to minimize noise, and a restriction on car wash hours of operations, concerns still remain with the operations. Although the noise levels can be reduced, staff has concerns that the continual washing and drying noise will have adverse impacts on the residents to the south. Therefore, the proposed car wash will not contribute to the general well being of the community as the car wash is not a compatible use with nearby residential properties and due to the noise impacts resulting from a car wash. After Hours Operation A conditional use permit is also required for retail markets having less than 20,000 square feet and open anytime between the hours of 12: 00 midnight and 5:00 a.m. The proposed convenience store will be approximately 1,600 square feet in size and will operate 24 hours a day, 7 days a week. To avoid possible impacts associated with a 24 hour use, it is recommended that conditions be attached to the conditional use permit for the after hour operations of the convenience store. The Police Department conditionally supports the after hours operation of the service station and convenience store provided alcohol is not sold at the facility. Police Department conditions generally refer to business operations and physical improvements to improve employee and customer safety, such as requiring that pay phones be located within the interior of the store and maintaining visibility of the store interior from the street. The Police Department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. Setback Variance A variance for a reduction in landscaped setbacks along MacArthur Boulevard is required. Although Section 41-427 of the SAMC requires a 15 foot wide setback, Section 41-689 allows nonconforming service stations the ability to reduce the required setback provided an equivalent amount of landscaping is provided within view of the public street. Due to the size and shape of the lot, the applicant is unable to provide the required amount of landscaping. However, to bring the site closer into compliance with this requirement, the applicant has 31A-5