31D - CUP 206 N BROADWAY UNITS A AND B

Home Browse Search

Conditional Use Permit No. 2013 -45 October 28, 2013 Page 4 • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine 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 use 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 expansion of the restaurant and tenant improvements represents a significant capital investment in the building. The re- tenanting of a portion of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The Empire Market building is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. Police Department Anaivsis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over - concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on -sale establishments, the Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 206 North Broadway has an above average number of reported crimes when compared to all crime reporting districts based on standards established under Business and Professional (B &P) Code Section 23958.4. 206 North Broadway is located in Reporting District No. 165. This district is above average in police- related incidents and ranks 3rd out of 102 citywide reporting districts. The proposed restaurant is also immediately adjacent to residential property, within 944 feet of church property, within 309 feet of a park, and within 646 feet of a school. This reporting district is 40 percent above the average reporting for all districts, which is above the 20 percent threshold established by the 31 D -6