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Variance No. 2004-09 September 27, 2004 Page 3 The proposed bar requires the approval of a variance to allow relief from Santa Ana Municipal Code Section 41-191 (Regulated Use). It is recognized that there are some uses which, because of their very nature, are considered as having serious obj ectionable operational characteristics, particularly when several of them are concentrated, by having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood through the concentration of these uses in anyone area. The type of license proposed is a Type 48 on-sale general, public premises which meets the definition of 41-191 (b) (5), public premises as defined in the California Business and Professions Code selling liquor or beer for consumption on the premises as its primary business. It is the most intense type of license that the State allows and denies entry to those under the age of 21 years. Section 41-191 (c) prohibits the establishment of any of the uses referred to in subsection (b) wi thin 1,000 feet of any other such regulated use. Further, none of the uses referred to in subsection (b) may be established within 1,000 feet of any property zoned or used for residential, church, school primarily attended by minors, or park purposes. Exhibit 4 illustrates the location of the sensitive land uses as well as some existing nearby alcoholic beverage licensed establishments within 1,000 feet of the proposed bar. The area of 215 North Broadway is located in reporting district No. 165, which is considered above average in police-related incidents. Out of 102 citywide reporting districts, this area ranks 13th in the number of police-related incidents. This area has, in the past, had numerous bars that generated an inordinate amount of police calls for service. The activity generated by this type of licensed establishment was a constant drain on the Police Department and other City resources. During that time, those locations helped propel Santa Ana's crime rate to one of the nations highest. However, through years of committed policing and redevelopment efforts, the establishments were removed, significantly impacting the clean up efforts downtown. The Police Department is concerned that the proposed use is a short- lived trend and is apprehensive about future operators. The City's experience has been that even with the most stringent conditions imposed and cooperation from the State Department of Alcohol Beverage Control, there is little that can be done once a license has been issued. 31A-4