31C - CUP 220 E FOURTH ST - Laserfiche WebLink

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CUP Nos, 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 4 outdoor patio in accordance with the standards of the State Department of Alcoholic Beverage Control. • The proposed expansion of the alcoholic beverage service area 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 patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. In addition, the proposed use will serve to re- tenant previously vacant portions of the building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. • 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 use 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 expansion will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The restaurant expansion will include a significant level of new tenant improvements representing a substantial capital investment in the building. The restaurant expansion further supports the rehabilitation of this commercial property. Conditional Use Permit No. 2012 -12 -MOD to expand the service area for 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. Playground is currently permitted to operate until 2:00 a.m. with the outdoor patio limited to 1:30 a.m. pursuant to existing CUP 2012 -12, which is consistent with other restaurants operating in the area. The request would allow the expanded service areas to operate during the same hours. Concerns typically associated with after -hours operations are the potential for noise complaints from nearby residents, as well as potential nuisance behavior from patrons exiting the restaurant at closing time. Conditions of approval have been placed upon the use in order to mitigate these potential concerns. The following findings support the recommendation of approval for after -hours operations. 31 C -6