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Modification to CUP No. 96-30 <br />May 23, 2011 <br />Page 4 <br />• That the proposed use will not adversely affect the General Plan of the city or any specific plan <br />applicable to the area of the proposed use. <br />If these findings can be made, then it is appropriate to grant the conditional use permit amendments. <br />Conversely, the inability to make these findings would result in a denial. Using this information staff <br />has prepared the following analysis, which, in turn forms the basis for the recommendation contained <br />in this report. In analyzing the conditional use permit amendment request, staff believes that the <br />following findings of fact warrant approval of the conditional use permit. <br />The proposed alcohol beverage license will continue to provide an ancillary service to the <br />restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with <br />their food. This will thereby benefit the community by providing a restaurant with an additional and <br />complementary food-related amenity. Conditions have been placed on the alcoholic beverage <br />control license which will mitigate any potential impacts created by the use and ensure that the <br />use will not negatively affect the surrounding community. <br />• The proposed amendments to the on-sale consumption of beer, wine and distilled spirits at this <br />location will not be detrimental to persons residing or working in the vicinity because conditions <br />have been placed on the alcoholic beverage control license that will mitigate any potential <br />negative or adverse impacts created by the use. <br />• The proposed use will not adversely affect the economic stability of the area, but will instead <br />allow the restaurant to compete with other restaurants in the area that also offer alcoholic <br />beverages for sale to their guests and other visitors. It is anticipated that the addition of a <br />restaurant to the downtown area with evening entertainment will provide an additional dining and <br />entertainment option for patrons. <br />As conditioned, the proposed project will be in compliance with all applicable regulations and <br />conditions imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana <br />Municipal Code and the guidelines established by the Planning Commission for restaurants <br />selling alcohol with their meal. The facility continues to contain the kitchen equipment <br />necessary to be considered a bona fide restaurant use and maintain a restaurant related <br />alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent <br />of the gross floor area for the storage of alcoholic beverages, which is below the maximum <br />threshold established by the Planning Commission. <br />• The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use <br />Element encourages land uses that accommodate the City's needs for goods and services. A <br />restaurant with an ancillary alcohol license provides a dining service to the residents of Santa <br />Ana. <br />31 B-18