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CUP Nos. 2019-10 and 2019-11 October 14, 2019 Page 4 away and there are two churches within 500-feet of the subject site. There are residential properties to the east that abut the restaurant use. Mariscos Hector #1 is an established restaurant which provides a dining service to the community and visitors of the City. The license upgrade will allow the restaurant to remain competitive with similar establishments and economically viable. In addition, the on -site sale of alcohol to customers is an ancillary service to the primary restaurant use. Currently, the subject site does not conform to the City's off-street parking regulations as the parking requirement for restaurant uses has changed since the structure was constructed. Regardless, since a restaurant has been at this location since the building was constructed, the restaurant may continue as a nonconforming use. And, per Section 41-1309.1 of the SAMC, the 600 square foot expansion area is exempt from complying with the higher restaurant parking standard as this Code section allows tenant spaces less than 2,500 square feet in size (the expanded restaurant will be 2,450 square feet) to continue to be parked at the lower retail rate. Conditions of approval are proposed that will bring the window signage into conformance with the Municipal Code. As part of the application process, the application was reviewed by the Police Department and Code Enforcement Division which have no issues of concern regarding the license upgrade. The restaurant is currently in compliance with all applicable regulations and conditions imposed on an eating establishment selling beer, wine and distilled spirits pursuant to Chapter 41 of the SAMC. Furthermore, the operational standards for on -sale establishments and periodic monitoring will ensure that the use will not deviate from the planned operation reviewed under this application and will mitigate any potential impacts created by such use. Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Reporting Grids (id percentile) Police Grid No. 188; ranked 5 out of 103 Police Re 4 Threshold for High This reporting district is above the 20 percent threshold established by the State Crime for high crime. Police Department The Police Department contends that the operational standards applicable to on - Recommendation premise ABC licenses will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of a CUP. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c) (2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then . 1 M