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REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2010 TITLE: PUBLIC HEARING — FILED BY BILL MASON FOR CONDITIONAL USE PERMIT NO. 2010-16 TO ALLOW THE DRIVE- THROUGH WINDOW FOR ARSENIO'S RESTAURANT TO OPERATE AFTER HOURS AT 751 SOUTH HARBOR BOULEVARD Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mana r Adopt a resolution approving Conditional Use Permit No. 2010 -16 as conditioned. DISCUSSION Request of Applicant Bill Mason, representing Arsenio's Restaurant, is requesting approval of a conditional use permit to allow an existing drive - through window service to remain open between the hours of 12:00 a.m. and 5:00 a.m. at 751 South Harbor Boulevard. Property Description The subject site is located within the Riverview West Marketplace development, a 22.5 acre, rectangular shaped parcel of land located at the southeast corner of Harbor Boulevard and McFadden Avenue. The site is located within the General Commercial area of the North Harbor Specific Plan (SP -2) zoning district and has a General Plan land use designation of General Commercial (GC). Surrounding land uses include commercial and industrial to the north, single - family and multi - family residential to the south, and commercial uses to the east and west (Exhibits 1 and 2). The Riverview West Marketplace consists of nine separate parcels containing approximately 274,291 square feet of retail space within nine separate building pads. The project was originally constructed in 1995 and was expanded by an additional 6,000 square feet in 2006. Wal -Mart is the primary tenant of the center and is located on the eastern portion of the site. Parking for the development site is shared, with a total of 1,324 parking spaces provided. Exhibit A 3