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31B - CUP - LAS GUERITAS - 230 WARNER
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31B - CUP - LAS GUERITAS - 230 WARNER
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Last modified
7/10/2014 4:45:16 PM
Creation date
7/10/2014 2:57:32 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
31B
Date
7/15/2014
Destruction Year
2019
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Conditional Use Permit No. 2014 -15 <br />June 23, 2014 <br />Page 4 <br />As conditioned, the proposed project will be in compliance with all applicable regulations and <br />conditions imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana <br />Municipal Code (Exhibit 6). The facility has the kitchen equipment necessary to be considered <br />a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage <br />control license. Additionally, the restaurant will utilize less than five percent of the gross floor <br />area for the storage of alcoholic beverages, which is below the maximum threshold established <br />by the Municipal Code. <br />The proposed use will not adversely affect the General Plan, Policy 1.8 of the Land Use <br />Element encourages a balance of land uses to address basic community needs through <br />encouraging commercial services. Policy 2.2 of the Land Use Element encourages land uses <br />that accommodate the City's needs for goods and services. A restaurant with an ancillary <br />alcohol license provides a dining service to the residents of Santa Ana. <br />Las Gueritas is proposing to occupy a suite with previous restaurant uses since 2001. The site will <br />be in compliance with all standards of SAMC Section 41- 196(g) for the on -site sale and <br />consumption of alcoholic beverages (Exhibit 6). In addition to these 25 operational standards, an <br />additional condition of approval is proposed to mitigate potential impacts on the adjacent uses and <br />ensure the use does not become an attractive nuisance to the community. <br />Police Department Analysis <br />The Police Department reviews conditional use permit applications for the sale of alcoholic <br />beverages because there is a strong correlation between the availability of alcohol and crime. <br />Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal <br />traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance <br />type of offenses. Without stringent controls to address the location of alcohol outlets, there is a <br />strong likelihood that an overconcentration will create blight and adversely impact the community. <br />The approval of a license in an area deemed overconcentrated and high in crime may affect the <br />quality of life and police resources in the area, and aggravate existing conditions. <br />The Police Department considered two factors when reviewing this type of application, crime rate <br />and sensitive land uses. The Police Department has determined that this establishment is <br />located in an area that is below average in police- related incidents. This site is located within <br />Reporting District No. 169. Reporting District No. 169 ranks 640' out of 102 reporting districts in <br />the number of police related calls for service, This Reporting District is 42 percent below the <br />20 percent threshold established by the State for high crime. Standards of approval are included <br />as required by the SAMC that are adequate to address any concerns for the ABC License. A <br />sensitive use has been identified in the immediate area. Manuel Esqueda Elementary School is <br />located across the street to the north that might be impacted by this action. As a result, the Police <br />Department has evaluated the applicant's request and believes that the proposed ABC license <br />will not adversely affect the surrounding community as this is a food establishment that restricts <br />alcohol consumption to the interior of the building. Conditions of approval are included as <br />required by the SAMC that are adequate to address any concerns for the ABC License. <br />RIUM <br />
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