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PROCEDURAL RULES PUBLIC HEARING APPEAL NO. 2011-01 FOR CONDITIONAL USE PERMIT NO. 2011-09 Filed by Josefat Zamora, requesting approval of an appeal application to modify • Conditional Use Permit No. 2011-09 and allow extended hours of operation for the Mariscos Zamora restaurant at 3701 West McFadden Avenue, Units G -J located in the North Harbor Specific Plan (SP -2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: December 2, 2011 PUBLICLY NOTICED: December 2, 2011 RECOMMENDATION: Adopt a resolution denying the applicant's request to extend the hours of alcohol sales until 2:00 a.m. (Appeal No. 2011-01), thereby confirming the Zoning Administrator's decision of November 2, 2011. Planning Manager Karen Haluza presented the staff report and recommendation on behalf of Senior Planner Verny Carvajal who was absent due to illness. Commissioner Mill requested that the Planning Commission receive copies of all public notifications regarding the public hearing items. Commission discussion ensued regarding the owner's outstanding violations, other businesses in the area with extended hours and mitigations in place to address the crime in the area, as well as City's policies related to liquor sales. • Planning staff received an email from Vivian Nguyen on 12/12/11 opposing the extended hours of operation at the Mariscos Zamora Restaurant. The public hearing was opened. Public members speaking in support of the applicant: Leticia Lopez, Lisann Martinez and Alex Vega The public hearing was closed. Commission discussion ensued regarding criminal activity, bar restrictions, history of violations from applicant, and policy definition of "family restaurant" with restricted hours for serving alcohol allowed until 12 midnight only. MOTION: The Planning Commission, pursuant to Section 41-643 of the Santa Ana Municipal Code (SAMC), voted to overturn the decision of the Zoning Administrator based on the following findings of fact, thereby approving Conditional Use Permit No. 2011-09. Commissioner Mill provided the following findings of fact: (1) The proposed use provides a service or facility which will contribute to the general well being of the neighborhood or community. (2) The proposed use, under the circumstances of the particular case and 1101 with conditions of approval, would not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. (3) The proposed use will be beneficial to the present economic stability or future economic development of properties surrounding the area. (4) The proposed use complies with the regulations and conditions specified in Chapter 41 for such use. (5) The proposed use will not adversely affect the General Plan or any specific plan of the City. Planning Commission Minutes Page 3 of 5 December 12, 2011