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<br />RESOLUTION NO. 2010-16 <br />ROH - 09/13/10 <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF <br />SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-16 <br />AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR <br />THE PROPERTY LOCATED AT 751 SOUTH HARBOR BOULEVARD <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 />and declares as follows: <br />C~ <br />A. Applicant is requesting approval of Conditional Use Permit No. 2010-16 to operate a <br />restaurant between the hours of 12:00 a.m. to 5:00 a.m. for the property located at <br />751 South Harbor Boulevard. <br />B. The North Harbor Specific Plan (SP-2) sections 3.5.1 and 8.3.2 require all permitted <br />uses within the district to comply with all applicable sections of the Santa Ana <br />Municipal Code. Santa Ana Municipal Code section 41-377.5(a) requires a <br />conditional use permit for any use in the C2 district that would require a conditional <br />use permit in the C1 district. Santa Ana Municipal Code section 41-365.5(f) requires <br />a conditional use permit for restaurants open between the hours of 12:00 a.m. and <br />5:00 a.m. and located within one-hundred and fifty (150) feet of residentially zoned <br />property. <br />C. On September 13, 2010, the Planning Commission held a duly noticed public hearing <br />on Conditional Use Permit No. 2010-16. <br />D. The Planning Commission determines that the following findings, which must be <br />established in order to grant this Conditional Use Permit pursuant to Santa Ana <br />Municipal Code Section 41-638, have been established: <br />1. Will the proposed use provide a service or facility which will contribute to the <br />general well being of the neighborhood or the community? <br />The proposed after-hours operation will provide an additional amenity to <br />the restaurant and thereby benefit the community by providing extra <br />hours of food service at the eating establishment. Conditions have <br />been placed on the conditional use permit which will mitigate any <br />potential impacts created by the use and ensure that the eating <br />establishment will not negatively affect the surrounding community. <br />• <br />2. Will the proposed use under the circumstances of the particular case be <br />detrimental to the health, safety, or general welfare of persons residing or <br />working in the vicinity? <br />Resolution No. 2010-16 <br />Page 1 of 5 <br />