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CUP Nos. 2013 -43 & 2013 -44 September 22, 2014 Page 5 The tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The Ritz Hotel Building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and tenanting of this building supports its retention and reuse. Conditional Use Permit No. 2014 -03 — After Hours Operation: Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 92:00 a.m. and 7:00 a.m. The proposed hours of operation for Yojie Japanese Fondue restaurant are 11:00 a.m, to 2:00 a.m., seven days a week, which are consistent with the operating hours of other downtown restaurants. Yoj e restaurant proposes to be open for lunch and dinner. The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity. The after -hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after - hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed after -hours operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after - hours operation will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the outdoor patio shall close at midnight as a courtesy to nearby residences to mitigate noise. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after - hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12:00 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. 31 AA -7