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31A - CUP - 710 S HARBOR
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02/17/2015
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31A - CUP - 710 S HARBOR
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Last modified
2/12/2015 4:49:35 PM
Creation date
2/12/2015 4:38:05 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
31A
Date
2/17/2015
Destruction Year
2020
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Conditional Use Permit No. 2014 -47 <br />January 26, 2015 <br />Page 4 <br />The proposed use will not adversely affect the economic stability of the area, but will instead allow <br />the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale <br />to their guests and other visitors. Moreover, the offering of alcoholic beverages allows Tortes <br />Sinaloa to remain economically viable and contributes to the overall success of the commercial <br />center, helping to decrease the number of vacant spaces that may affect the economic viability of <br />the area. <br />The proposed project will be in compliance with all applicable regulations and standards imposed <br />on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. <br />The facility will be maintained as a bona -fide eating establishment, having the suitable kitchen <br />facilities and supplying an assortment of foods commonly ordered at various hours of the day. <br />Additionally, the restaurant will utilize approximately three percent of the gross floor area for the <br />display and storage of alcoholic beverages, which is below the maximum threshold established by <br />the SAMC. <br />The proposed use will not adversely affect the City's General Plan. The granting of this conditional <br />use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use Element <br />encourages land uses that accommodate the City's needs for goods and services. Providing a <br />variety of restaurants that feature alcohol beverages on their menus offers additional dining options <br />for Santa Ana residents and visitors. Further; Policy 2.9 of the Land Use Element supports <br />developments that create a business environment that is safe and attractive. Operational standards <br />for the proposed Type 41 ABC license will maintain a safe and attractive environment. Finally, <br />Policy 5.5 of the Land Use Element encourages development that is compatible with and <br />supporting of surrounding land uses, Tortes Sinaloa is occupying an existing tenant space within a <br />commercial shopping center and is compatible with the surrounding commercial uses. <br />Tortes Sinaloa is requesting a conditional use permit for a Type 41 ABC license. The site will be in <br />compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic <br />beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent <br />uses and 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 and service of <br />alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated <br />with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the <br />Police Department analyzes the crime rate in the area using the standards and definitions contained <br />in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State <br />Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal <br />homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, <br />combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. <br />31A-6 <br />
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