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RESOLUTION NO. 2010-14 ROH - 08/23/10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2008-35 AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR THE PROPERTY LOCATED AT 2773 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: . A. Applicant is requesting approval of modification to Conditional Use Permit No. 2008-35 to operate a restaurant between the hours of 11:00 a.m. to 2:00 a.m., seven days a week, for the property located at 2773 North Main Street. B. On November 24, 2008, the Planning Commission of the City of Santa Ana approved Conditional Use Permit No. 2008-35 as conditioned. • C. The Specific Development No. 59 (SD-59) zoning designation requires a conditional use permit for restaurants open between the hours of 12:00 a.m. and 5:00 a.m. D. The applicant is requesting the following modifications.to Conditional Use Permit No. 2008-35 as conditioned to allow after hours operation for the property located at 2773 North Main Street: 1. Allow dancing within the restaurant. The applicant is requesting a minimum of 300 square feet of dance area. E. Santa Ana Municipal Code Section 41-196 and 41-638 authorizes the Planning Commission to modify a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility.which will contribute to the general well being of the neighborhood or the community? • The proposed amendment to the conditional use permit for after hours operation will continue to provide an ancillary service to the restaurant and thereby benefit the community by providing an additional amenity at the eating establishment. Conditions have been placed on the after hours conditional use permit which will mitigate any potential Resolution No. 2010-14 Page 1 of 9