31A - CUP - CURRY HOUSE - 131 EAST MEMORY LANE

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Conditional Use Permit No. 2013 -4e January 13, 2014 Page 4 P 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 patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full- service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. As conditioned, the proposed Type 41 ABC license will be in compliance with all applicable regulations and conditions imposed on a retail business selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The business will be maintained as a bona -fide eating establishment as defined by Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying a variety of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. The proposed use will not adversely affect the City's 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, as well as visitors to the surrounding Santa Ana MainPlace shopping mall and City Place area. Further, restaurant and ancillary uses such as off- premise alcohol sales are permitted within the District Center (DC) land use designation. The proposed project is not located in a specific plan area In the City. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The building interior and exterior is In the process of being improved representing a large capital investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Curry House restaurant is located in a commercial area and is compatible with the surrounding commercial businesses and City Place residential uses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, 31A-6