02-08-21_Agenda - Laserfiche WebLink

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CUP Nos. 2020-24 and 2020-25 – Tacos Gavilan February 8, 2021 Page 5 3 2 6 through will contribute to the long-term viability of the lot in which eating establishment is proposed to be located. Conditional Use Permit for After-Hours Service Pursuant to Section 41-365.5 (f) and 41-377.5 (a) of the SAMC, eating establishments located within 150 feet of properties zoned or used for residential purposes that wish to operate between the hours of 12:00 a.m. and 5:00 a.m. require approval of a CUP. The purpose of regulating after-hours operations is to preserve the surrounding community characteristics and minimize any negative secondary impacts. Staff has reviewed the applicant’s request to operate the restaurant and drive-through window service until 2:00 a.m. on Saturdays and Sundays and has determined that the operations will not be detrimental to the community. The subject site abuts commercial uses to the north and south, Bristol Street and commercial uses to the east, and a multiple-family residential community to the west. This residential community’s nearest building is buffered from the new restaurant and its drive-through lane by almost 150 feet and is separated from the site by an existing eight-foot tall block wall. These factors will help buffer the residential uses from any light, noise, or traffic impacts that the eating establishment may have on the residents. Moreover, the applicant’s request for after-hours operations is limited to 2:00 a.m. on two evenings of the week (Friday/Saturday and Saturday/Sunday). Approval of this application would be consistent with the goals of the General Plan, specifically Goals 2 and 5 of the Land Use Element which promotes land uses that enhance the City’s economic fiscal viability and mitigate any potential impacts to the surrounding community. In addition, the after-hours operations will contribute to the viability of the site creating a business environment that is safe and attractive (Exhibit 2). Police Department Analysis The Police Department reviews conditional use permit applications for after-hours operations in order to ensure that potential crime or nuisance behaviors associated with such a use are mitigated to the greatest extent possible. For after-hours operations, the Police Department analyzes the crime rate in the area by matching the location of the subject site’s census tract to the corresponding Police Grid. The City of Santa Ana contains 102 police reporting grids. The Police Department generates an annual report, the Citywide Incident Ranking report, which ranks these reporting grids based on police activity. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by the State Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater