2008-065 - Approving Conditional Use Permit No. 2008-23

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KO- 7/26/08 The proposed project is a new development and will be in complete compliance will applicable regulations and standards specified in Chapter 41. In addition, conditions of approval will be placed on the conditional use permit to ensure compliance with City standards. The proposed project complies with the intent of the City's codes and the intent of the North Harbor Specific Plan goals and objectives. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not have adverse affects on the General Plan as it is permitted in the General Commercial land use designation. Policy 2.2 and 2.5 of the Land Use Element encourage commercial land uses in adequate amounts to accommodate the City's needs for goods and services and encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. The proposed use will give the neighborhood an additional restaurant use to purchase food. Additionally, Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The proposed project is located within an existing commercial corridor and the addition of the restaurant use will not affect the General Plan of the City. F. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2006-87 came before the City Council on September 2, 2008 with the ordinance adopting ZOA 2008-03. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2006-87 in support of this resolution. Section 2. The City Council after conducting the public hearing hereby approves Conditional Use Permit No. 2008-23 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the operation of 2,696 square feet of restaurant space at the property located at 520 South Harbor Boulevard. The approval of the restaurant does not include a drive-through facility. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for City Council Action dated September 2, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2773 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, Resolution No. 2008-065 Page 3 of 8