31A - CUP - 220 E FOUTH ST SUITE 102

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CUP Nos. 2012-11 & 2012-13 August 27, 2012 Page 3 • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request to extend business hours, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed after hours of operation will allow the Playground to remain competitive with other restaurants in the area that also operate until 2:00 a.m. This will thereby benefit the community by providing a restaurant with varied business hours. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed operation of this restaurant until 2:00 a.m., and the outdoor patio until 1:30 a.m., will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by the late night use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also operate until 2:00 a.m. Further, the extended business hours allow the restaurant to remain economically viable and contributes to the overall success of the East End Promenade and Downtown Santa Ana. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. Additionally, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request to allow the restaurant to be used as a banquet hall, staff believes that the following findings of fact warrant approval of the conditional use permit. 31A-6