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Conditional Use Permit No. 2016-40 November 28, 2016 Page 2 Project Description Olive Garden is requesting approval of a CUP to allow the on -premise sale and consumption of alcoholic beverages. The establishment will be maintained as a full-service, sit-down eating establishment with an outdoor dining area; The restaurant will have all necessary equipment to be considered for an on -premise ABC license. The outdoor dining area is proposed to have seating for approximately 60 patrons and be enclosed with a 36 -inch high fence that is in compliance with all applicable City and State Department of Alcoholic Beverage Control standards. The alcohol sales component is intended to provide a service ancillary to the primary .restaurant use. The proposed hours of operation are Sunday through Thursday from 11:00 a.m. to 10x0'Q p.m. and Friday and Saturday from 11:00 a.m. to 11:00 p,m. After-hours operation is not being proposed' as part of this request. The alcoholic beverages will be stored within a walk-in cooler at the rear of the restaurant, behind the service counter; and will be stored and displayed on shelves located in the dining area. The combined storage and display area will be approximately three percent of the total restaurant floor area. This percentage of alcohol storage is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross flood' area of the restaurant (Exhibits 4 and 5). Prolect Background Olive Garden is a casual -dining restaurant chain specializing In Italian -American cuisine that operates over 800 locations globally. Olive Garden restaurant will occupy an existing tenant space that was previously occupied by McCormick & Schmick's. A CUP for an ABC license was previously approved for this location in 2006. However, due to McCormick & Schmick's closing, the sale of alcoholic beverages has ceased for more than a one year period, declaring the previous CUP void. As such, there is no conditional use permit to ailow the on -premise sale of alcoholic beverages at the tenant space. Proiect Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC and maybe granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. 31 E-4