31C - CUP - 202 N BROADWAY - Laserfiche WebLink

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Modification to CUP No. 2013 -21 December 8, 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 requests, staff believes that the following findings of fact warrant approval of the proposed modification to the conditional use permit. Last Call on Broadway is requesting approval to upgrade a Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 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 Type 47 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food, This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to 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 Type 47 ABC 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 operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of distilled spirits to the beer and wine license will be ancillary to the main use as an eating establishment. In addition, the use will occur within the interior of the premises, mitigating any potential Impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of a variety of alcoholic beverages will allow Last Call on Broadway, a small business, to remain economically viable and contributes to the overall success of the Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 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. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize 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, 31 C -6