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CUP No. 2016 -04 March 28, 2016 Page 3 Project Analvsis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Section 41 -2007 requires a CUP for establishments in the Transit Zoning Code (SD -84) selling alcohol for on -site or off -site consumption. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. In analyzing this conditional use pen-nit request, staff believes that the following findings of fact warrant approval of the CUP. The educational tours, tastings, and sale of alcoholic beverages to customers are intended to provide a service ancillary to the primary manufacturing use. Manufacturing operations on the premises are proposed from 7:00 a.m. to 7:00 p.m„ making the limited tastings and tours ancillary to the manufacturing use. This will thereby benefit the community by providing a unique manufacturing use with an additional and complementary amenity that is open to the public. The granting of the CUP will allow the distillery to compete with other craft distillers in Santa Ana and Orange County that may also offer similar services to the public, allowing Blinking Owl, a local small business, to remain economically viable. The proposed license will contribute to the evolving mixed -use neighborhood in which it is located, which has welcomed new commercial and industrial tenants in recent months. Moreover, all tours, tastings, and sales to consumers will take place inside the manufacturing facility's building, helping to reduce potential impacts to the surrounding neighborhood. The proposed license will not adversely affect the General Plan. The granting of this CUP supports several policies contained in the General Plan. These include policies supporting: the provision of a diverse range of goods and services, creating a safe and attractive business environment, and encouraging development that is compatible with nearby land uses. Finally, the proposed conditions of approval will mitigate potential impacts from the Type 74 ABC license. 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 State ABC and Business and Professions Code, should the Police Department determine that 31 B -5