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Conditional Use Permit No. 201443 <br />December 8, 2014 <br />Page 4 <br />The proposed project will be in compliance with all applicable regulations and standards imposed <br />on a restaurant selling beer and wine pursuant to Chapter 41 of the SAMC. The facility will be <br />maintained as a full service, bona -fide eating establishment, having suitable kitchen facilities and <br />supplying an assortment of foods commonly ordered at various hours of the day. Additionally, <br />the restaurant will utilize less than two percent of the gross floor area for the display and storage of <br />alcoholic beverages, which is below the maximum threshold established by the SAMC. <br />The proposed use will not adversely affect the City's General Plan. The granting of this <br />conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use <br />Element encourages land uses that accommodate the City's needs for goods and services, <br />Providing a variety of full - service restaurants that feature alcohol beverages on their menus offers <br />additional dining options for Santa Ana residents and visitors, especially those to Downtown, <br />which continues to develop as a dining and retail destination with regional significance. <br />Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial <br />properties, and encourages increased levels of capital investment. Blackmarket Bakery's tenancy <br />will include significant tenant improvements. Further, Policy 2.9 of the Land Use Element supports <br />developments that create a business environment that is safe and attractive. Operational <br />standards for the proposed 'Type 41 ABC license will maintain a safe and attractive environment in <br />Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that <br />is compatible with and supporting of surrounding land uses. Blackmarket Bakery is located in a <br />commercial area and its operations will be compatible with the surrounding commercial <br />businesses. <br />Blackmarket Bakery is proposing to open a new eating establishment in the city. The site will be in <br />compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic <br />beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent <br />uses and ensure the sale of beer and wine to the eating establishment's patrons does not become an <br />attractive nuisance to the community. <br />Police Department Analysis <br />The Police Department reviews conditional use permit applications for the sale and service of <br />alcoholic beverages and after - hours operation in order to ensure that the potential crime and <br />nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent <br />possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the <br />standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), <br />which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section <br />defines "reported crimes' as criminal homicide, forcible rape, robbery, aggravated assault, <br />burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both <br />felonies and misdemeanors, except traffic citations. <br />31 D -6 <br />