31A - CUP - 2223 W 5TH ST - Laserfiche WebLink

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Conditional Use Permit No. 2013 -27 August 10, 2015 Page 4 • 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 restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and strengthens the economic vitality of the non - conforming commercial uses along Fifth Street. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed alcoholic beverage service will be located entirely within an enclosed building and its operations will be compatible with the surrounding mix of uses. Tacos Y Mariscos El Picante has been in operation at the subject location since July 2012, with the commercial building on the project site occupied by retail and restaurants since the 1960s. The site is in compliance with all standards of SAMC Section 41- 196(g) for the on -site sale and consumption of alcoholic beverages (Exhibit 6). In addition to these 25 operational standards, an additional condition of approval is proposed to mitigate potential impacts on the adjacent uses and ensure the site does not become an attractive nuisance to the community. Police DeEartment Anatysis 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 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 Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 2223 West Fifth Street is located in reporting District No. 105, an area that is 32 percent below the number of reported crimes than the average number reported for all crime reporting districts and is considered average in police - related incidents based on standards established under the Business and Professions Code Section 23958.4. There are single family residential units immediately adjacent to the proposed use, which may be impacted by noise and /or late night activity. 31A-6