31B - CUP - WURST HAUS - 305 E FOURTH ST

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Conditional Use Permit No. 2013 -47 Conditional Use Permit No. 2013 -48 January 13, 2014 Page 6 safe and attractive. Conditions of approval have been placed on the proposed Type 41 ABC license that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Wurst Haus is proposed in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation 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 State 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. The project at 305 East Fourth Street is located in Reporting District No. 185. This reporting district is 20 percent above the average reporting for all districts, which is even with the 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. Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the presidents of the Downtown to ensure that they were notified of this project and to identify any areas of concern. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. RITWOO