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31A - CUP - 2800 N MAIN ST SUITE 1038
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09/16/2013
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31A - CUP - 2800 N MAIN ST SUITE 1038
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Last modified
9/16/2013 8:27:32 AM
Creation date
9/12/2013 4:25:04 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
31A
Date
9/16/2013
Destruction Year
2018
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Conditional Use Permit No. 2013-24 <br />August 26, 2013 <br />Page 4 <br />• The proposed use will not adversely affect the economic stability of the area but will instead allow <br />the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for <br />sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows <br />Boudin to remain economically viable and contributes to the overall success of Westfield <br />MainPlace, helping to decrease the number of vacant tenant spaces that may affect the economic <br />viability of the site. <br />• As conditioned, the proposed project will be in compliance with all applicable regulations and <br />conditions imposed on a restaurant selling beer, wine, and distilled spirits pursuant to Chapter 41 <br />of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be <br />maintained as a bona-fide eating establishment as defined in Section 23038 of the California <br />Business and Professions code, having suitable kitchen facilities and supplying an assortment of <br />foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less <br />than one percent of the gross floor area for the display and storage of alcoholic beverages, which <br />is below the maximum threshold established by the Santa Ana Municipal Code. <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 />Police DeoartmentAnalvsis <br />The Police Department reviews conditional use permit applications for the sale of alcoholic <br />beverages because there is a strong correlation between the availability of alcohol and crime. <br />Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic <br />collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance-type <br />offenses. Without stringent controls to address the location of alcohol outlets, there is a strong <br />likelihood that an overconcentration will create blight and adversely impact the community. The <br />approval of a license in an area deemed over-concentrated and high in crime may affect the quality <br />of life and police resources in the area, and aggravate existing conditions. <br />Since the City's overconcentration standards do not apply to on-sale establishments, the Police <br />Department considers two factors when reviewing this type of application: Crime rate and <br />sensitive land uses. It has been determined that 2800 North Main Street is located in an area that <br />has an above average number of reported crimes when compared to all crime reporting districts <br />based on standards established under B&P Code Section 23958.4. The site is located in <br />Reporting District No. 161, which ranks 11th out of 102 citywide reporting districts. Further, the <br />proposed restaurant is within 928 feet of residential property. <br />The Police Department is concerned that this establishment may not consistently operate as a <br />bona fide eating establishment. For that reason, conditions of approval are recommended to <br />mitigate any negative impacts this operation may have on adjacent residences, and prevent it from <br />generating police calls for service. <br />31A-6
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