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RESOLUTION NO. 2024-XXX <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. <br />2024-02 AS CONDITIONED TO ALLOW AFTER-HOURS (24- <br />HOUR) OPERATION FOR AN EATING ESTABLISHMENT <br />LOCATED AT 2101 AND 2109 E. SANTA CLARA AVENUE, <br />COLLECTIVELY KNOWN AS 2101 E. SANTA CLARA AVENUE <br />(APN: 396-261-26 AND 396-261-38) <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA <br />AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines, and declares as follows: <br />A. Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater <br />Bros, LLC, a Texas Limited Liability Company (property owner) is requesting <br />approval of Conditional Use Permit (CUP) No. 2024-02 to allow after-hours <br />operations (24-hours) for an eating establishment in the Arterial Commercial (C5) <br />zoning district at 2101 and 2109 E. Santa Clara Avenue, collectively known as <br />2101 E. Santa Clara Avenue. <br />B. Santa Ana Municipal Code (SAMC) Section 41-424.5 (j) requires approval of a <br />CUP for eating establishments open at any time between the hours of 12:00 a.m. <br />and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned <br />or used property. <br />C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to <br />review and approve the CUP for this project as set forth by the Santa Ana <br />Municipal Code. <br />D. On February 26, 2024, the Planning Commission held a duly noticed public <br />hearing for CUP No. 2024-02. <br />E. The Planning Commission of the City of Santa Ana has considered the information <br />and determines that following findings, which must be established in order to grant <br />CUP No. 2024-02, to operate between the hours of 12:00 a.m. and 5:00 a.m. <br />within one hundred fifty (150) feet of residentially zoned and used property, have <br />been established as required by SAMC Section 41-638: <br />1. That the proposed use will provide a service or facility, which will <br />contribute to the general wellbeing of the neighborhood or community. <br />The eating establishment with 24-hour operations will provide a <br />service to persons that are working or residing in the area. The <br />project will redevelop underutilized lots with a new eating <br />Resolution No. 2024-XXX <br />Page 1 of 12 <br />