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CUP No. 2025-07 – Santa Ana River Brewing Company (501 N. French Street) April 28, 2025 Page 4 4 9 6 1 In addition, in 2022, SB 389 was signed into state law, which made permanent temporary regulatory reliefs offered during the COVID-19 pandemic. SB 389 authorizes certain restaurant and alcohol manufacturer license types to sell alcohol in manufacturer-sealed containers (e.g., sealed cans or bottles) for off-site consumption, as long as the alcohol is physically picked up from the premises by the consumer and proper identification is displayed. The Applicant submitted the requested CUP application on March 6, 2025. Since 2016, SARBC has been operating a microbrewery with a tasting room pursuant to CUP No. 2016-34 at 3480 W. Warner Avenue, Unit B lawfully with no complaints to date. The proposed brewpub will be their second establishment in Santa Ana. Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be 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. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s request and has determined the proposed CUP will not be detrimental to the health, safety, and welfare of the community. SARBC has a record of operating lawfully in accordance with City and ABC regulations. The proposed brewpub, if approved, will be SARBC second establishment in Santa Ana and will provide a unique establishment in Downtown Santa Ana. In addition to food, patrons of the brewpub will have the ability to purchase beer with their meal that is locally produced. The brewpub is located within Downtown Santa Ana and within the Downtown District of SD-84 which is a pedestrian-oriented area of the City that consists of multi- story urban buildings that accommodate a mixture of retail, office, light service, and residential uses and will be compatible with nearby commercial uses in Downtown Santa Ana that offer similar services and will be economically beneficial to the surrounding area. The subject site is not adjacent to any schools, parks, and religious institutions. The closest religious institution (Alcance Victoria Santa Ana) is approximately 200 feet away and Mariposa Park and James A. Garfield Elementary School are approximately 1,000 feet away. However, the property is next to a live/work building and multi-family residences across French Street. To ensure the use does not become a nuisance to the adjacent residential uses, the outdoor patio area will be design to comply with Article XXI (Outdoor Dining on Private Property) of Chapter 41 (Zoning) of the SAMC which requires additional mitigation measures to address to noise, light, and odor impacts that will be addressed during the Building plan check process. Furthermore, as a condition of approval, staff is recommending that the outdoor patio area only be operational Sunday to Thursday from 8:00 a.m. to 9:00 p.m. and Friday and Saturday from 8:00 a.m. to 10:00 p.m. As a result, the granting of the CUP will not negatively impact any sensitive land