31A - CUP - 1236 W CIVIC CENTER DR UNIT C

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Conditional Use Permit No. 2016 -01 February 22, 2016 Page 2 Project Descriution The applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine to patrons at the restaurant. Currently, the applicant is operating without an ABC license and has done so since the tenant space was opened as an eating establishment in 1988. The restaurant is a full service, sit -down eating establishment that operates from 10:30 a.m. to 9:00 p.m. daily. The restaurant has approximately 36 seats within its dining room and approximately six outdoor seats; however, at this time, alcohol will only be served indoor patrons, The on- premise sale of alcoholic beverages to customers will provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will consist of approximately 16 square feet, which is less than one percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). Project Background The commercial strip center was developed in 1987 with the construction of a 4,095 - square foot retail building. The commercial building has been occupied by different commercial uses such as a shoe store, record store, and different ethnic restaurants. Yo! Sushi Restaurant has operated from this location since 2015, with previous tenants using the space as an eating establishment since 1988. The proposed Type 41 ABC license will serve as an ancillary use and will allow the existing business to compete with the nearby businesses that provide similar services and operations. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC; requires a CUP for establishments selling alcohol for on -site or off -site consumption. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report, in analyzing these conditional use permit requests, staff believes that the following findings of fact warrant approval of the CUP. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. The granting of the CUP will allow the restaurant to compete with other restaurants that also offer a selection of alcoholic beverages, allowing Yol Sushi, a local small business, to remain economically viable and contribute to the overall success of the small businesses in the City of Santa Ana. Moreover, food and alcohol service will occur at the periphery of the premises near Civic Center Drive, helping to reduce potential impacts to the surrounding neighborhood. 31A-4