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Conditional Use Permit Nos. 2013-02 & 2013-07 May 13, 2013 Page 3 • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • 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, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2013-02 to allow After-Hours Operation Santa Ana Municipal Code (SAMC) Section 41-2007 requires a conditional use permit for any eating establishment that intends to operate within the hours between 12:00 a.m. and 7:00 a.m. in the SD- 84 zoning district. The C4 Deli proposes hours of operation from 6:00 a.m. to 2:00 a.m. as they intend to serve breakfast, lunch and dinner. • The proposed after-hours operations will provide a service to both individuals that wish to have an early morning or late night meal. This will thereby benefit the community by providing a food- related amenity. Conditions have been placed on this operation to mitigate any potential problems created by the after-hours operation. • The proposed after hours operations will not be detrimental to those living or working in the area because the use, as conditioned, will not create any negative impacts on the community. Other restaurants already located in the Downtown area have similar hours of operation. • The project site is a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City's Downtown and affects the economic stability of the area in a positive manner. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. 31A-5