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Conditional Use Permit No. 2010 -16 September 13, 2010 Page 3 2. Type of establishment (fast -food, sit -down drive -up window) — Arsenio's Restaurant is an existing 2,600 square foot fast -food restaurant with drive - through window service. Indoor seating for 55 patrons is provided as well as another 56 spaces within the outdoor dining area. The drive - through service will operate 24 -hours a day while the indoor seating area will close by 12:00 a.m. The reduction of service to drive - through only during the late night hours and the after -hours personnel for the restaurant will serve as a deterrent and reduce the potential for criminal activity. 3. Surroundinq land uses — The site is surrounded primarily by commercial to the north, east and west, with single- family and multi - family residential to the south. Several other fast -food and casual dining restaurants exist in the immediate area, including Kentucky Fried Chicken, Starbucks, Tortas Sinoloa and Dragon Bowl, and do not offer after -hours service. McDonalds, located near the subject site, does operate its drive through window 24 hours a day. The restaurant's location adjacent to two major arterial streets as well as the limited late night dining opportunities in the area makes this an appropriate location for an after -hours use. 4. Potential areas of concern — Staff has identified the area as a high activity area for prostitution related offenses and noise impacts due to its close proximity to residences as two potential areas of concern with the after -hours operation. The security conditions (increased lighting, no loitering and restrictions on pay phones) requested by the Police Department will assist in mitigating prostitution related offenses. Further, the Planning Division is requesting conditions to mitigate noise related concerns. Although the speaker box is located on the north side of the restaurant, and the building is separated from the residential uses by a six -foot high block wall and carports, staff has added conditions of approval requiring the closure of the outdoor dining area by 10:00 p.m. and the speaker box at 12:00 a.m. The approval of after -hours operation at this site will support Policy 2.2 of the Land Use Element of the General Plan, which encourages land uses that accommodate the City's needs for goods and services by providing an after -hours dining option for motorists and residents of the area. Further, staff has included several conditions of approval that will help minimize potentially negative impacts on the adjacent properties. Finally, staff has added a provision that the conditional use permit be reviewed at six months, one year and then annually to make any modifications necessary. Based on the analysis of the project, the findings of fact, conditions of approval and compatibility of the proposed use with the General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2010 -16 as conditioned. 31 B -5