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CUP Nos. 2013 -43 & 2013 -44 September 22, 2014 Page 4 Conditional Use Permit No. 2014 -02 — Type 47 ABC license. The Yojie Japanese Fondue restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. • The proposed license for the on -sale consumption of beer; wine, and distilled spirits at this location Will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. The proposed use will serve to re- tenant a previously vacant building, thereby decreasing the number of vacant tenant spaces that may affect the economic stability of the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer; wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal The facility will be maintained as a bona -fide eating establishment as defined in Section :23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this Conditional Use Permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants offers additional dining options for Santa Ana residents and visitors. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ritz Hotel Building has undergone a significant rehabilitation effort representing a large capital investment. 31 AA -6