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The proposed late night operation will not be detrimental to persons • residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts such as noise or loitering and will provide an after-hours dining option for motorists. The Police Department has added appropriate conditions to the project that will prevent it from becoming an attractive nuisance in the future. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 22.5-acre site is currently being used as a retail center and contains fast-food restaurants with drive-through service. The allowance of the after-hours operation will complement the economic stability of the area by providing greater opportunities for generating revenue for the restaurant through the attraction of additional patrons. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant with an after-hours conditional use permit pursuant to the North Harbor Specific Plan and Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's need for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the General Commercial General Plan land use designation which permits restaurant uses. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2010-75 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010-16 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 13, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • Resolution No. 2010-16 Page 2 of 5