31B - CUP - WURST HAUS - 305 E FOURTH ST

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Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 January 13, 2014 Page 3 Project Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. In analyzing these conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2013 -47 to allow After -Hours Operation Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any establishment with hours of operation between 12:00 a.m. and 7:00 a.m. The Wurst Haus proposes hours of operation from 11:00 a.m. to 2:00 a.m. five days a week, and 11:00 a.m. to 4:00 a.m. on the weekends (Friday and Saturday). This is the first after -hours request to allow for operation past 2:00 a.m. The after -hours provisions of the SAMC regulate any restaurant operations between 12:00 a.m. and 7:00 a.m., such as might be used with a 24 -hour restaurant. Prior applications for after -hours CUPS have not requested operations past 2:00 a.m. and conditions were included that memorialize those operating hours. That said, this request to continue to serve food until 4:00 a.m. is allowed under the code. This building location is on the east end of the Fourth Street commercial corridor, which has a combination of commercial and public uses. Concerns typically associated with after -hours operations are the potential for noise complaints from nearby residents, as well as potential 31 B -5