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31A - CUP - 131 W 17TH ST
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06/03/2014
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31A - CUP - 131 W 17TH ST
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Last modified
5/29/2014 4:50:17 PM
Creation date
5/29/2014 3:29:30 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
31A
Date
6/3/2014
Destruction Year
2019
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Conditional Use Permit No. 2014 -06 <br />May 12, 2014 <br />Page 4 <br />The proposed use will not adversely affect the economic stability of the area, but will instead allow <br />the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale <br />to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food <br />supports the establishment of a full- service restaurant. The proposed use will serve to re- tenant a <br />previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect <br />the economic stability of the area. <br />As conditioned, the proposed Type 47 ABC license will be in compliance with all applicable <br />regulations and conditions imposed on an eating establishment business selling alcohol pursuant to <br />Chapter 41 of the Santa Ana Municipal Code. The business will be maintained as a bona -fide <br />eating establishment as defined by Section 23038 of the California Business and Professions Code, <br />having suitable kitchen facilities and supplying a variety of foods commonly ordered at various <br />hours of the day. Additionally, the restaurant will utilize only one percent of the gross floor area for <br />the display and storage of alcoholic beverages, which is below the maximum threshold established <br />by the SAMC. <br />The proposed use will not adversely affect the City's General Plan, Policy 2.2 of the Land Use <br />Element encourages land uses that accommodate the City's needs for goods and services. A full - <br />service restaurant with an ancillary alcohol license provides a dining service to the residents of <br />Santa Ana, as well as visitors to the surrounding Santa Ana College and Bristol Marketplace <br />shopping area. Further, restaurant and ancillary uses such as on- premise alcohol sales are <br />permitted within the General Commercial (GC) land use designation, The proposed project is not <br />located in a specific plan area in the City. Policy 2.8 of the Land Use Element promotes the <br />rehabilitation of commercial properties, and encourages increased levels of capital investment. The <br />building interior and exterior is in the process of being improved, representing a large capital <br />investment. Further, Policy 2.9 of the Land Use Element supports developments that create a <br />business environment that is safe and attractive. The physical improvement to the building will <br />create an enhancement to the existing center and promote commercial activity in the area. Policy <br />5.5 of the Land Use Element encourages development that is compatible with and supporting of <br />surrounding land uses. The Chipotle Mexican Grill restaurant is located in a commercial area and <br />is compatible with the surrounding commercial businesses, schools and nearby residential uses, <br />Police Department Analysis <br />The Police Department reviews conditional use permit applications for the sale and service of <br />alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated <br />with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the <br />Police Department analyzes the crime rate in the area using the standards and definitions contained <br />in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State <br />Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal <br />homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, <br />combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. <br />The Police Department then compares the number of such crimes in the reporting district as <br />31A-6 <br />
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