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 4 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 and alcohol sales must cease after 2:00 a.m. in order to comply with State law. The following findings support the recommendation of approval for after -hours operations. • The proposed after -hours operations will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food - related amenity offering service past 12:00 midnight, which is consistent with that of other restaurants in Downtown. Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building past midnight. • The proposed after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. Further, the building's location is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. • The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant in a commercial location promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to quality as a bona -fide eating establishment. • 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 with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit and the proposed Type 41 ABC license that will maintain a safe and attractive environment in Downtown Santa Ana. Further, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Wurst Haus will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. RIUM