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As conditioned, the proposed project will be in compliance <br />with all applicable regulations and conditions imposed on a <br />restaurant selling beer, wine and distilled spirits pursuant to <br />Chapter 41 of the Santa Ana Municipal Code for restaurants <br />selling alcohol with their meal. The facility will be maintained <br />as a bona -fide eating establishment as defined in Section <br />23038 of the California Business and Professions Code, <br />having suitable kitchen facilities and supplying an <br />assortment of foods commonly ordered at various hours of <br />the day. Additionally, the restaurant will use less than five <br />percent of the gross floor area for the display and storage of <br />alcoholic beverages, which is below the maximum threshold <br />established by the Santa Ana Municipal Code. <br />5. Will the proposed use adversely affect the General Plan or any <br />specific plan of the City? <br />The proposed expansion will not adversely affect the <br />General Plan. The granting of this Conditional Use Permit <br />supports several policies contained in the General Plan. <br />Policy 2.2 of the Land Use Element encourages land uses <br />that accommodate the City's needs for goods and services. <br />Providing a variety of full- service restaurants offers <br />additional dining options for Santa Ana residents and <br />visitors. Policy 2.8 of the Land Use Element promotes the <br />rehabilitation of commercial properties, and encourages <br />increased levels of capital investment. The restaurant <br />expansion will include a significant level of new tenant <br />improvements representing a substantial capital investment <br />in the building. The restaurant expansion further supports <br />the rehabilitation of this commercial property. <br />F. The Planning Commission determines that the following findings, which <br />must be established in order to grant modification of this Conditional Use <br />Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been <br />established for Conditional Use Permit No. 2012 -12 -MOD to allow for after <br />hours operation: <br />1. Will the proposed use provide a service or facility which will <br />contribute to the general well being of the neighborhood or the <br />community? <br />The proposed expansion of the after -hours operations area <br />will provide an ancillary service to the restaurant customers <br />by allowing them the ability to offer meals after 12:00 <br />midnight, thereby providing an additional dining option within <br />the downtown area. This will benefit the community by <br />providing a restaurant with an additional and complementary <br />Resolution No. 2013 -26 <br />31 C -18 Page 3 of 15 <br />