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