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 5 Conditional Use Permit No 2013 -48 to allow a: Type 41 Alcoholic Beverage Control License • The proposed Type 41 alcoholic beverage control license (ABC) will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The Wurst Waus will offer a German - themed specialized menu of gourmet sausages and complementary side dishes, diversifying the range of goods and services available to the Downtown and Citywide patrons. • The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. In addition, the use will primarily occur within the interior of the premises, while outdoor serving areas will be enclosed with barriers that meet the State and City's requirements. The sale of alcohol in both portions of the restaurant is intended to be incidental to the restaurant use. • 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. • 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 utilize 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 amenities 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. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is 31 B -7