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<br />D. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a conditional use permit upon making certain <br />findings. <br /> <br />1. Will the proposed use provide a service or facility which will <br />contribute to the general well being of the neighborhood or the <br />community? <br /> <br />The restaurant is providing a service and is benefiting the <br />community by providing an eating establishment in the <br />downtown area. Conditions have been placed on the <br />restaurant that will mitigate any potential impacts created by <br />the use and ensure that the use will not negatively affect the <br />surrounding community. <br /> <br />2. Will the proposed use under the circumstances of the particular <br />case be detrimental to the health, safety, or general welfare of <br />persons residing or working in the vicinity? <br /> <br />The restaurant will not be detrimental to persons residing or <br />working in the area because the use, as conditioned, will not <br />create any negative or adverse impacts. The extended <br />hours of operation will be mitigated through the existing <br />conditions of approval that have been adopted for the <br />project. <br /> <br />3. Will the proposed use adversely affect the present economic <br />stability or future economic development of properties surrounding <br />the area? <br /> <br />The 1.7-acre site has been operating as a restaurantfor <br />approximately seven months. The expanded hours of <br />operation, outdoor special events and additional band <br />members within the restaurant will increase the patronage to <br />the restaurant, thereby enhancing the profitability of the <br />business and identifying the use and site as economically <br />stable and viable for the surrounding properties in the area. <br /> <br />4. Will the proposed use comply with the regulations and conditions <br />specified in Chapter 41 for such use? <br /> <br />As conditioned, the proposed project will be in compliance <br />with all applicable regulations and conditions imposed by <br />Chapter 41 of the Santa Ana Municipal Code. <br /> <br />5. Will the proposed use adversely affect the General Plan or any <br />specific plan of the City? <br /> <br />The restaurant will not adversely affect the General Plan. <br />Restaurants and ancillary uses such as the number of <br />allowable musicians within the premises are permitted within <br />the Specific Development No. 72 (SD-72) zoning district and <br /> <br />Resolution No. 2005-070 <br />Page 2 of 9 <br />