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HomeMy WebLinkAbout2008-18KO- 6/26/08 RESOLUTION NO. 2008-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-15 AS CONDITIONED TO ALLOW THE OPERATION OF A RESTAURANT BETWEEN THE HOURS OF 12:00 AM AND 5:00 AM WITHlN ONE HUNDRED FIFTY FEET OF A RESIDENTIALLY ZONED PROPERTY FOR THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET, SUITE 101 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a conditional use permit to operate a restaurant which will be open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property and a conditional use permit to allow a Type 47 Alcoholic • Beverage Control (ABC) license for the property located at 1945 East Seventeenth Street, Suite 101. B. Conditional Use Permit No. 2008-15 and Conditional Use Permit No. 2008-16 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 9, 2008. C. Conditional Use Permit No. 2008-15 has been filed with the City of Santa Ana seeking to allow a restaurant which will be open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned within the Arterial Commercial (C5) zoning district. D. Pursuant to Santa Ana Municipal Code Section 41-424.5, eating establishments open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property are permitted subject to the issuance of a conditional use permit. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. • Resolution void -action timely appealed to City Resolution No. 2008-18 Council ~~~ Page 1 of 8 Martha Ramirez, Commission Secretary