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CUP No. 2020-22 - The Observatory February 22, 2021 Page 4 4 0 1 Finally, the CUP will be consistent with several goals and policies of the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service entertainment venues and eating establishment that offer alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Alcohol Beverage Control (ABC) license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Observatory is located within a professional office area and its operations will be compatible with the surrounding commercial businesses. The site has generated previous noise concerns from adjacent communities, as recent as three years ago, that have resulted from special events associated without outdoor concerts and entertainment. However, events have been in keeping with the City’s temporary outdoor activity requirements, pursuant to the SAMC, which limits the number of events per year and the hours of operation. Pursuant to Section 41-195.5 of the SAMC, temporary outdoor events may not occur more than five days in any one-year period and are limited from 10:00 a.m. to 11:00 p.m., Monday through Saturday, and 11:00 a.m. to 9:00 p.m. on Sundays. Furthermore, the activities are subject to the City’s noise ordinance requirements in SAMC Section 18-312and subject to cancellation or additional conditions if conducted in a manner detrimental to the health, safety, or welfare of the community. Outdoor events are infrequent, as the primary function of the facility is indoor concerts and entertainment. During indoor concert and events, the operations have been in keeping with the conditionally permitted use (CUP No. 1994-16) and in keeping with the City’s noise ordinance. Moreover, internal operations and guidelines established by the operator ensures that any ambient noise associated with the indoor entertainment is confined within the immediate site vicinity. This includes, but is not limited to, maintaining doors closed during events and preventing loitering to ensure that patrons leave in a timely manner after events have concluded. Police Department Analysis The Police Department reviews CUP applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. 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 are also utilized by the State Department of Alcoholic Beverage Control. This section defines “reported crimes” as criminal homicide, forcible rape, robbery, aggravated City Council 2 –4 2/22/2021