31A - CUP 2011-09 - 3701 WEST MCFADDEN AVENUE SUITE G-J

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Appeal No. 2011-01 December 12, 2011 Page 4 Mariscos Zamora is located within the General Commercial sub-zone of the North Harbor Specific Plan (SP-2). This zone does not require an after-hours permit for restaurants, such as those that are located within 150 feet of residential uses in other commercial zones. Under the existing zoning, and without any additional discretionary approvals, Mariscos Zamora currently has the ability to operate 24 hours. The condition of approval that restricts their hours of operation until 12:00 a.m. only pertains to the sale and service of alcohol. That condition has existed since the time of their original approval in 1997. Therefore, the findings of fact that follow are restricted to the extension of the hours of sales and service of alcohol. The Santa Ana Municipal Code (SAMC) Section 41-645 establishes a process for appeals. Findings for an appeal are contained in Section 41-638 of the SAMC. Appeals may be granted when the following findings can be made: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the appeal. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the appeal, staff believes that the following findings of fact warrant denial of the applicant's appeal to extend the hours of alcohol sales. • The request for extended hours of alcohol sales will not provide a service or facility which will contribute to the general well being of the neighborhood or community. Within a one-mile radius of the project address there currently exist 37 ABC licenses. 31A-6