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Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License
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Item 54 - Commission Decision Regarding Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License
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8/10/2023 3:43:17 PM
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
54
Date
6/6/2023
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Conditional Use Permit No. 2023-09 – Mariscos Hector ABC License <br />June 6, 2023 <br />Page 6 <br />3 <br />4 <br />4 <br />6 <br />existing commercial area and its operations will be compatible with the surrounding <br />commercial businesses. <br />Police Department Analysis <br />The Police Department has reviewed the applicant request for sale of distilled spirits in <br />addition to beer and wine for on-premises consumption and has no concerns, as the <br />operational standards applicable to the ABC license and conditions of approval will <br />mitigate any potential impacts to the surrounding community. The Police Department <br />carefully evaluated the project site and determined that there has been a total of 38 <br />service calls in the project site’s vicinity since January 1, 2020. Of those 38 calls, seven <br />resulted in reports taken in. The reports were in result of assaults occurring on the <br />integrated commercial center site, while one was a car burglary. According to the <br />Police Department, the number of calls for service is commensurate with the size of the <br />existing center. <br />The Police Department reviews CUP applications for the sale and service of alcoholic <br />beverages in order to ensure that the potential crime and nuisance behaviors <br />associated with alcohol consumption are mitigated to the greatest extent possible. For <br />on-premises licenses, the Police Department analyzes the crime rate in the area using <br />the standards and definitions contained in the Business and Professions Code Section <br />23948.4(c)(2), which are also utilized by ABC. This section defines “reported crimes” as <br />criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, <br />and motor vehicle theft, combined with all arrests for other crimes, both felonies and <br />misdemeanors, except traffic citations. <br />The Police Department then compares the number of such crimes in the reporting <br />district as compared to the number of crimes in other reporting districts. In keeping with <br />the standard used by ABC and Business and Professions Code, should the Police <br />Department determine that the reporting district has a 20 percent greater number of <br />reported crimes than the average number found in all reporting districts, the Police <br />Department will consider this information in making its recommendation. As part of the <br />application process, the application was reviewed by the Police Department. Based on <br />its review, the Police Department has no issues of concern regarding this application. <br />Table 3: Police Department Analysis and Criteria for Recommendation <br />Police Department Analysis and Criteria for Recommendation <br />Police Grid No. and <br />Rank <br />Police Grid No. 187; ranked 18 out of 102 Police Reporting Grids (17th <br />percentile). <br />Threshold for High <br />Crime <br />This reporting district is within the 20 percent threshold established by <br />the State for high crime. <br />Police Department <br />Recommendation <br />Although the property falls within the 20-percent high crime threshold, <br />the Police Department is satisfied that the operational standards <br />applicable to an on-premises ABC license and conditions of approval will
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