31C - CUP -THE BARREL ROOM - 324 W FOURTH ST

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Conditional Use Permit No. 2013 -50 Conditional Use Permit No. 2013 -51 January 13, 2014 Page 5 commercial properties, and encourages increased levels of capital investment. The West End Theater has undergone a significant rehabilitation effort representing a large capital investment. The re- tenanting of this building with a full - service restaurant use further supports the rehabilitation of this commercial property. Policy 4.2 of the Land Use Element encourages the retention and reuse of historical buildings and sites. The West End Theater Is listed on the Santa Ana Register of Historical Properties. The rehabilitation and re- tenanting of this building supports its retention and reuse. 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 the proposed Type 41 ABC license that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Barrel Room will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Conditional Use Permit No. 2013 -51 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 Barrel Room proposes hours of operation from 11:00 a.m. to 2:00 a.m. seven days per week as it intends to serve lunch and dinner, which is consistent with the operating hours of other downtown restaurants. This building location is within the west end of the Fourth Street commercial corridor, which has a combination of commercial, institutional and public uses. Concerns typically associated with after - hours operations are the potential for noise complaints from nearby residents, as well as potential 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. 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 along the west end of Fourth Street mitigates several possible impacts from late -night operations; the location is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. 31 C -7