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KO- 6/26/08 <br />RESOLUTION NO. 2008-18 <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA APPROVING CONDITIONAL <br />USE PERMIT NO. 2008-15 AS CONDITIONED TO ALLOW <br />THE OPERATION OF A RESTAURANT BETWEEN THE <br />HOURS OF 12:00 AM AND 5:00 AM WITHlN ONE <br />HUNDRED FIFTY FEET OF A RESIDENTIALLY ZONED <br />PROPERTY FOR THE PROPERTY LOCATED AT 1945 <br />EAST SEVENTEENTH STREET, SUITE 101 <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA <br />AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. Applicant is requesting approval of a conditional use permit to operate a <br />restaurant which will be open between the hours of 12:00 a.m. and 5:00 <br />a.m. and located within one hundred fifty (150) feet of residentially zoned or <br />used property and a conditional use permit to allow a Type 47 Alcoholic <br />• Beverage Control (ABC) license for the property located at 1945 East <br />Seventeenth Street, Suite 101. <br />B. Conditional Use Permit No. 2008-15 and Conditional Use Permit No. <br />2008-16 came before the Planning Commission of the City of Santa Ana <br />for a duly noticed public hearing on June 9, 2008. <br />C. Conditional Use Permit No. 2008-15 has been filed with the City of Santa <br />Ana seeking to allow a restaurant which will be open between the hours of <br />12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of <br />residentially zoned within the Arterial Commercial (C5) zoning district. <br />D. Pursuant to Santa Ana Municipal Code Section 41-424.5, eating <br />establishments open between the hours of 12:00 a.m. and 5:00 a.m. and <br />located within one hundred fifty (150) feet of residentially zoned or used <br />property are permitted subject to the issuance of a conditional use permit. <br />E. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a conditional use permit upon making certain <br />findings. <br />• Resolution void -action timely appealed to City Resolution No. 2008-18 <br />Council <br />~~~ Page 1 of 8 <br />Martha Ramirez, <br />Commission Secretary <br />