31B - CUP - 1421 W MACARTHUR BLVD

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Conditional Use Permit No. 2013 -25 October 14, 2013 Page 4 • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to be competitive with other restaurants that offer alcoholic beverage for sale to their guests. Moreover, the offering of beer and wine allow Ritter's SKS Restaurant to remain economically viable and contribute to the overall success of the Gateway Plaza commercial center, helping to decrease the number of vacant space that may affect the economic well -being of the site. • As conditioned, the proposed Type 41 ABC license will be in compliance with all applicable regulations and conditions imposed on a retail business selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The business will be maintained as a bona -fide eating establishment as defined by Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying a variety of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the land Use Element encourages land uses that accommodate the City's needs for goods and services. A full- service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding South Coast Metro area. Further, restaurant and ancillary uses such as off- premise alcohol sales are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area in the City. Police Department Analysis The Police Department reviews conditional use permit 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 also are 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. 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 [Business and Professions Code Section 23948.4(a)(1)], 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, which could result in a recommendation of denial. 1421 West MacArthur Boulevard, Unit G is located in Reporting District No. 130. This reporting district is 15 percent above the average reporting for all districts, which is below the 20 percent threshold established by the State for high crime. Conditions of approval are included as required by the SAMC that are adequate to address any concerns. RIUM