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La Bahia De Acapulco currently operates with a Type -20 <br />(beer and wine) ABC license and approval of the conditional <br />use permit (CUP) will bring the use into compliance with the <br />Santa Ana Municipal Code, as off -premises consumption is <br />currently taking place as a legal non -conforming use. In <br />addition, the establishment will continue to provide a service <br />and convenience to the community as it has for numerous <br />past years. Operational standards applicable to the alcoholic <br />beverage control license will mitigate any potential impacts <br />created by the use and ensure that the use will not negatively <br />affect the surrounding community. <br />2. That the proposed use will not, under the circumstances of the <br />particular case, be detrimental to the health, safety, or general <br />welfare of persons residing or working in the vicinity. <br />The existing establishment has not been a detriment to the <br />health, safety, or general welfare of persons residing or <br />working in the vicinity over the past years and will continue <br />to not be detrimental. In addition, the operational standards <br />applicable will mitigate any potential negative or adverse <br />impacts created by the use. All of the operational standards <br />identified in SAMC Sec. 41-196(f) will apply to this <br />establishment. <br />3. That the proposed use will not adversely affect the present economic <br />stability or future economic development of properties surrounding <br />the area. <br />The existing sale of alcoholic beverages for off -premises <br />consumption has not adversely affected the economic <br />stability of the area and will actually enhance the economic <br />stability of the area. <br />4. That the proposed use will comply with the regulations and <br />conditions specified in Chapter 41 for such use. <br />Conditional Use Permit No. 2018-11 will bring the use into <br />compliance with Chapter 41 of SAMC and the establishment <br />will comply with all applicable regulations and operational <br />standards applicable to establishments with off -premises <br />consumption. Operational standards will ensure that the <br />establishment remains in compliance with all applicable <br />codes and regulations related to alcohol sales to ensure that <br />the use does not impact neighboring properties or create an <br />attractive nuisance. <br />5. That the proposed use will not adversely affect the General Plan of <br />the city or any specific plan applicable to the area of the proposed <br />use. <br />Resolution No. 2018-xx <br />Page 2 of 7 <br />