Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License

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CUP No. 2023-09 – Mariscos Hector Sports Grill ABC License April 24, 2023 Page 5 operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts to the surrounding community. The Police Department carefully evaluated the project site and determined that there has been a total of 38 service calls in the project site’s vicinity since January 1, 2020. Of those 38 calls, seven resulted in reports taken in. The reports were in result of assaults occurring on the integrated commercial center site, while one was a car burglary. According to the Police Department, the number of calls for service is commensurate with the size of the existing center. 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-premises 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 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 compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application. Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 187; ranked 18 out of 102 Police Reporting Grids (17th percentile). Threshold for High Crime This reporting district is within the 20 percent threshold established by the State for high crime. Although the property falls within the 20-percent high crime threshold, the Police Department is satisfied that the operational standards applicable to an on-premises ABC license and conditions of approval will mitigate any negative impacts to the surrounding community, and therefore, does not oppose the granting of CUP No. 2023-09. Police Department Recommendation