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a modern structure that can remain competitive with similar uses in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed after hours conditional use permit will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding establishments that operate on a 24 -hour basis, Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24 -hour operations to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Retail establishments and 24 -hour operations are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also consistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The project's proximity to multi - family residential properties to the east is mitigated by an existing six - foot -high block wall and the absence of parking at the rear of the store that would abut neighboring residential uses. F. The Planning Commission determines that the following findings, which must be established in order to grant this Variance pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Variance No. 2014 -09 to allow a reduction in minimum lot size requirements: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The project site has a special circumstance related to its size and surroundings. The size of the subject parcel creates a special circumstance applicable to the property, as the Resolution No. 2015 -01 Page 3 of 10 31A-20