31D - CUP - 1544 E WARNER AVE - Laserfiche WebLink

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Conditional Use Permit No. 2014 -28 July 28, 2014 Page 4 The proposed use will not adversely affect the economic stability of the area; but will instead allow the facility to compete with other wine merchants in the area that also offer the retail sale of beer and wine. Further, the establishment is proposing to expand its business by including retail sales as a component of their business plan, which will assist in identifying the location as an economically viable business and which will improve its economic competitiveness. • As conditioned, the proposed project will be in compliance with all applicable regulations imposed on a business selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the standards adopted by the City for retail uses that sell alcohol. 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. A wine merchant provides a retail service to the residents and employees of Santa Ana. Further, retail and ancillary uses such as off- premise alcohol sales are permitted within the Professional and Administrative Office (PAO) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2,9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Best Wines retail business will be located in a commercial and business park area and will be compatible with the surrounding businesses, Best Wines is proposing to expand their existing operations by adding a retail component to the business. The site will be in compliance with all standards of SAMC Section 41- 196(f) for the off - premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. Letter of Public Convenience and Necessity Due to staffs recommendation of approval, the issuance of a Public Convenience and Necessity (PCN) letter is required. A PCN letter is required per Business and Professions Code Section 23958.4 as the State has determined that an overconcentration of off- premise ABC licensed establishments within the census tract exists. The City's criteria for overconcentration of off -sale establishments are found in Section 41- 196(d) of the SAMC. The overconcentration criteria apply to off -.sale establishments that are less than 10,000 square feet in size. As Best Wines occupies an 11,920 square foot building, it is exempt from the City's overconcentration criteria. However, as previously mentioned, the State's criteria for overconcentration are applicable. 31 D -6