31A - CUP - 100 E MACARTHUR BLVD

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Conditional Use Permit No, 2014 -10 June 9, 2014 Page 4 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 the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed alcohol beverage license will provide an ancillary service to the residents and guests of The Marke, a 300 -unit apartment community. The proposed ABC license will allow residents and guests the ability to purchase beer, wine and distilled spirits with their food purchase and consume their food and beverages on the recreation deck or within the north and south courtyards. Additionally, 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 proposed license for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to the health, safety or welfare of 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. In addition, the sale of alcoholic beverages will occur within the internal open spaces of The Marke and is incidental to the primary residential use. • The proposed use will not adversely affect the economic stability of the area, but will instead benefit the economic development of the property. The allowance of an ABC license within The Marke will allow it to provide a unique amenity that is not normally found at apartment projects but are common at a full service hotel or resort where food and alcohol sales are provided as an amenity. Further, the ABC license will add another unique amenity to the development that will assist The Marke in attracting residents to the newly constructed apartment complex. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an establishment selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code: The Marke has the kitchen equipment necessary to obtain a restaurant related alcoholic beverage control license. Additionally, the facility will utilize only 0.4 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. • The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The proposed ABC license, which will be an ancillary use at The Marke, will provide an additional service to the residents and their guests. Further, ancillary uses such as the on- premise sale of alcoholic beverages are permitted within the District Center (DC) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land 31A-6