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bk 1/6/10 <br /> RESOLUTION NO. 2010-01 <br /> A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF <br /> SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-23 <br /> AS CONDITIONED TO ALLOW THE OPERATION OF A RETAIL <br /> MARKET BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M. FOR <br /> THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT D <br /> <br /> BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS <br /> FOLLOWS: <br /> Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines <br /> <br /> and declares as follows: <br /> A. Applicant is requesting approval of a conditional use permit to operate a retail market <br /> between the hours of 12:00 a.m. and 5:00 a.m. for the property located at 3960 South <br /> Main Street, Unit D. <br /> B. Conditional Use Permit No. 2009-23 came before the Planning Commission of the <br /> City of Santa Ana for a duly noticed public hearing on January 11, 2010. <br /> C. Conditional Use Permit No. 2009-23 has been filed with the City of Santa Ana <br /> seeking to allow a retail market to operate twenty-four hours a day within the Arterial <br /> Commercial (C5) zoning district. <br /> 1. Santa Ana Municipal Code Section 41-424.5(1) authorizes small retail <br /> establishments to open at any time between the hours of 12:00 a.m. and 5:00 <br /> a.m. 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 findings. <br /> i. Will the proposed use provide a service or facility which will contribute to <br /> the general well being of the neighborhood or community? <br /> The proposed business hours between 12:00 midnight and 5:00 <br /> a.m. will contribute to the general well being of the community by <br /> providing general merchandise to the community and allowing the <br /> community to purchase items generally unavailable during these <br /> hours from other retail establishments. Conditions have been <br /> placed on the extended hours or operations that will mitigate any <br /> potential impacts created by the use and ensure that the use will <br /> not negatively affect the surrounding community. <br /> Resolution 2010-01 <br /> Page 1 of 7 <br /> 31 A-9 <br /> <br />