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ZA FULL PACKET 2012-08-15
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ZA FULL PACKET 2012-08-15
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11/29/2012 4:10:04 PM
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Agenda Packet
Date
8/15/2012
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Conditional Use Permit No. 2012-12 <br />August 15, 2012 <br />Page 4 <br />be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic <br />beverage control license. Additionally, the restaurant will utilize less than one percent of the <br />gross floor area for the storage of alcoholic beverages, which is below the maximum threshold <br />established by the Planning Commission. <br />• The proposed use will not adversely affect the General Plan. Policy 2.2 of the I-and Use <br />Element encourages land uses that accommodate the City's needs for goods and services. A <br />restaurant with an ancillary alcohol license provides a dining service to the residents of Santa <br />Ana and its location within the Downtown area which contributes to the economic success of the <br />city as a shopping and dining destination. <br />Police Department Analysis <br />The Police Department reviews conditional use permit applications for the safe of alcoholic <br />beverages because there is a strong correlation between the availability of alcohol and crime. <br />Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal <br />traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance <br />type of offenses. Without stringent controls to address the location of alcohol outlets, there is a <br />strong likelihood that an overconcentration will create blight and adversely impact the community. <br />The approval of a license in an area deemed over concentrated and high in crime may affect the <br />quality of life and police resources in the area, and aggravate existing conditions. <br />The Police Department considered two factors when reviewing this type of application: crime rate <br />and sensitive land uses. It has been determined that 220 East Fourth Street has a 20 percent <br />greater number of reported crimes than the average number reported for ail crime reporting districts <br />and is considered above average in police-related incidents based on standards established under <br />Business and Professions Code Section 23958.4. It is located in Reporting District No. 185. <br />There are numerous residential dwellings located within 250 to 350 feet of this proposed use. <br />The condominiums located at 450 East Fourth Street and the lofts located at 200 North Spurgeon <br />and 200 East Third Street. Due to their proximity to the restaurant, concerns exist with the <br />potential to adversely affect the residents of the complex. Therefore, several conditions of <br />approval are proposed for this license to mitigate any potential for impacts. <br />Public Notification <br />The project site is not located within the boundaries of an established Neighborhood Association. <br />However, the project site was posted with a notice advertising this public hearing, a notice was <br />published in the Orange County Reporter and mailed notices were sent to all property owners <br />within 500 feet of the project site. At the time of this printing, no correspondence, either written or <br />electronic, had been received from any members of the public. <br />
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