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REQUEST FOR <br />Planning Commission Action <br />PLANNING COMMISSION MEETING DATE: <br />JANUARY 13, 2014 <br />TITLE: <br />PUBLIC HEARING — FILED BY GREENTREE <br />INVESTMENTS, INC. FOR CONDITIONAL USE <br />PERMIT NO. 2013 -47 TO ALLOW AFTER -HOURS <br />OPERATION AND CONDITIONAL USE PERMIT <br />NO. 2013 -48 TO ALLOW A TYPE 41 ALCOHOLIC <br />BEVERAGE CONTROL LICENSE AT THE WORST <br />HAUS RESTAURANT LOCATED AT 305 EAST <br />FOURTH STREET, SUITE 106. <br />Prepared by Hally Soboleske <br />- y(i <br />Interim Executive DiActor <br />RECOMMENDED ACTIONS <br />PLANNING COMMISSION SECRETARY <br />APPROVED <br />• <br />As Recommended <br />• <br />As Amended <br />• <br />Set Public Hearing For <br />DENIED <br />• <br />Applicant's Request <br />• <br />Staff Recommendation <br />CONTINUED TO <br />�ta.ti � <br />Planning MWager <br />1. Adopt a resolution approving Conditional Use Permit No. 2013 -47 as conditioned to allow for after <br />hours operation. <br />2. Adopt a resolution approving Conditional Use Permit No. 2013 -48 as conditioned to allow a Type <br />41 Alcoholic Beverage Control (ABC) license. <br />Request of Applicant <br />Gabriel Ruiz, representing Greentree Investments, Inc., is requesting approval of a conditional use <br />permit (CUP) for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale <br />and consumption of beer and wine at a new restaurant called the " Wurst Haus" proposed at 305 <br />East Fourth Street, Suite 106. Alcoholic beverage sales or consumption require a conditional use <br />permit per Section 41 -2008 (Table 2A) of the Santa Ana Municipal Code (SAMC). Additionally, the <br />applicant is requesting approval of a separate conditional use permit that would allow the restaurant <br />food service to operate until 4:00 a.m. All establishments that wish to operate between <br />12:00 midnight and 7.00 a.m. require a conditional use permit pursuant to Section 41 -2008 <br />(Table 2A) of the SAMC. Alcohol sales would be required to cease at 2:00 a.m. in compliance with <br />State law. <br />Project Location and Site Description <br />The applicant is in the process of obtaining necessary permits for tenant improvements to operate the <br />Wurst Haus restaurant within an existing 2,000 square foot tenant space that is located on the north <br />side of Fourth Street between French Street and Broadway. Other tenants in this building include <br />another restaurant and various retail establishments. The site is surrounded by a parking structure to <br />the north, a public open space to the east, and a mixture of retail and eating establishments, and other <br />commercial uses to the west and south of the site (Exhibits 1, 2 and 3). <br />EXHIBIT A <br />31 B -3 <br />