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KO- 3/10/09 <br />RESOLUTION NO. 2009-06 <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA APPROVING CONDITIONAL <br />USE PERMIT NO. 2009-03 AS CONDITIONED TO ALLOW <br />THE OPERATION OF AN EATING ESTABLISHMENT <br />BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M.; <br />CONDITIONAL USE PERMIT NO. 2009-04 AS <br />CONDITIONED TO ALLOW ADRIVE-THROUGH WINDOW <br />SERVICE AND VARIANCE NO. 2009-01 AS <br />CONDITIONED TO ALLOW A REDUCTION IN SIDE YARD <br />LANDSCAPE FOR THE PROPERTY LOCATED AT 3531 <br />SOUTH FAIRVIEW STREET <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA <br />AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. Applicant is requesting approval of a conditional use permit to operate a <br />restaurant between the hours of 12:00 a.m. and 5:00 a.m., a conditional use <br />permit to allow adrive-through window service at the restaurant and a <br />variance to reduce the side landscaping for the property located at 3531 <br />South Fairview Street. <br />B. Conditional Use Permit No. 2009-03, Conditional Use Permit No. 2009-04 <br />and Variance No. 2009-01 came before the Planning Commission of the <br />City of Santa Ana for a duly noticed public hearing on March 9, 2009. <br />C. Conditional Use Permit No. 2009-03 has been filed with the City of Santa <br />Ana seeking to allow a restaurant to operate twenty-four hours a day <br />within the Community Commercial (C1) zoning district. <br />1. Santa Ana Municipal Code Section 41-365.5 authorizes eating <br />establishment open at any time between the hours of 12:00 a.m. and <br />5:00 a.m. and located within one hundred fifty feet of residentially <br />zoned or used property, measured from property line to property line <br />subject to the issuance of a conditional use permit. <br />2. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a conditional use permit upon making certain <br />findings. <br />Resolution No. 2009-06 <br />Page 1 of 13 <br />31 B-16 <br />