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bk 1/6/10 <br />RESOLUTION NO. 2010-01 <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF <br />SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-23 <br />AS CONDITIONED TO ALLOW THE OPERATION OF A RETAIL <br />MARKET BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M. FOR <br />THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT D <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. Applicant is requesting approval of a conditional use permit to operate a retail market <br />between the hours of 12:00 a.m. and 5:00 a.m. for the property located at 3960 South <br />Main Street, Unit D. <br />B. Conditional Use Permit No. 2009-23 came before the Planning Commission of the <br />City of Santa Ana for a duly noticed public hearing on January 11, 2010. <br />• C. Conditional Use Permit No. 2009-23 has been filed with the City of Santa Ana <br />seeking to allow a retail market to operate twenty-four hours a day within the Arterial <br />Commercial (C5) zoning district. <br />Santa Ana Municipal Code Section 41-424.5(1) authorizes small retail <br />establishments to open at any time between the hours of 12:00 a.m. and 5:00 <br />a.m. subject to the issuance of a conditional use permit. <br />2. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a conditional use permit upon making certain findings. <br />Will the proposed use provide a service or facility which will contribute to <br />the general well being of the neighborhood or community? <br />The proposed business hours between 12:00 midnight and 5:00 <br />a.m. will contribute to the general well being of the community by <br />providing general merchandise to the community and allowing the <br />community to purchase items generally unavailable during these <br />hours from other retail establishments. Conditions have been <br />placed on the extended hours or operations that will mitigate any <br />potential impacts created by the use and ensure that the use will <br />not negatively affect the surrounding community. <br />r <br />Resolution 2010-01 <br />Page 1 of 7 <br />