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CUP No. 2021-03 - El Yaqui Tacos y Mariscos March 22, 2021 Page 3 5 3 9 The proposed sale of alcoholic beverages for on-premises consumption will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal and will allow El Yaqui Tacos y Mariscos to be economically viable and compete with nearby full-service restaurants that offer that same services to their patrons. In addition, the operational standards applicable to an ABC license will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. Furthermore, the subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. As a result, the granting of the CUP will not negatively impact any sensitive land uses that may be nearby. Approval of 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 restaurants that provide alcoholic beverages offer 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 restaurant applicable to the ABC license will ensure maintenance of 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. El Yaqui Tacos y Mariscos is located within a commercial development and its operations will be compatible with the surrounding commercial businesses. To ensure that the establishment operates as a bona fide restaurant and that the addition of alcoholic beverages to the business does not negatively impact the surrounding properties, conditions of approval have been added requiring recordation of a Property Maintenance Agreement and adoption and implementation of a Good Neighbor Policy. 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 (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. City Council 1 –3 3/22/2021