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Conditional Use Permit No. 2010-16 September 13, 2010 Page 2 Proiect Description Arsenio's Restaurant has been at this location within the Riverview West Marketplace since 2003. Its current operating hours for the restaurant and existing drive-through lane are from 5:00 a.m. to 12:00 a.m. In order to provide expanded service hours, the applicant is proposing to operate the drive through window function for Arsenio's Restaurant 24 hours a day. No changes are proposed to the interior or exterior of the building (Exhibits 3 and 4). The restaurant currently conforms to the provisions of the North Harbor Specific Plan. In 1996, the City Council approved Appeal No. 1996-01 of Conditional Use Permit No. 1995-09 and allowed a restaurant pad with drive-through window service at this location. Analysis of the Issues In January 1994, the City Council adopted Ordinance No. NS-2213, requiring a conditional use permit for eating establishments in certain commercial zones (C1, C4, C5 and CR) that are open between the hours of 12:00 a.m. and 5:00 a.m. and are within 150 feet of any residentially zoned or used property. Although the zoning for the site (North Harbor Specific Plan) requires a conditional use permit for restaurants and for drive-through facilities, the document was silent on after hours operations for restaurant uses. To address issues not covered in the Specific Plan and future zoning code amendments, Section 8.3.2 was incorporated into the Specific Plan. This section states that "The Santa Ana Municipal Code shall be used for all issues not addressed by the Specific Plan." Since the conditional use permit requirement for after hours uses is not specifically listed in the Specific Plan, Section 8.3.2 is applicable. Therefore, since the property is located in the General Commercial Land Use District of the Plan, and a conditional use permit to operate a drive-through on a 24-hour basis is needed in the City's commercial zoning districts, a conditional use permit to allow Arsenio's Restaurant to operate after-hours is required. The indoor dining area will be closed for after-hours use and is not part of the conditional use permit request. In reviewing applications for after-hours operation, the Planning Division considers several criteria to determine the feasibility of the request. These criteria include the crime rate of the area, the nature of the establishment, the surrounding land uses and development or operational conditions to address any potential concerns to nearby residents. Crime rate of the area - The restaurant is located within Reporting District No. 145, which ranks 8t out of 102 Citywide Districts and is an area that is above average in police related incidents. This ranking is based on the total number of calls for service in the reporting district compared to all other reporting districts. The Police Department has reviewed the proposal and has noted that this business has generated minimal service calls in the past. However, conditions of approval are proposed that are intended to minimize impacts associated with an after-hours use at this location.