31A - CUP - 301 N SPURGEON ST - Laserfiche WebLink

Home Browse Search

CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 4 This site does not have adequate space for onsite trash storage or an enclosure. Therefore a reciprocal trash agreement will be required to ensure proper trash disposal and storage. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed license for the on-sale consumption of beer, wine, and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and within an enclosed outdoor patio, and is incidental to the primary restaurant use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows El Mercado to remain economically viable and contributes to the overall success of the downtown, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine, and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full-service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and its location within a regional destination, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. Conditional Use Permit No. 2013-37 to allow after-hour operations Santa Ana Municipal Code (SAMC) Section 41-2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The proposed hours of operation are 7:00 a.m. to 1:30 a.m. daily. El Mercado proposes to be open for breakfast, 31A-6