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CUP Nos. 2016-08 & 2016-09 April 11, 2016 Page 3 Proiect Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC. Restaurants require a CUP if they propose to sell alcohol for on-site consumption or if they intend to operate between the hours of 12:00 a.m, and 7:00 a.m. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. In analyzing these conditional use permit requests, staff believes that the following findings of fact warrant approval of the respective CUP applications. The on -premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. This will thereby benefit the community by providing a restaurant with an additional and complementary food -related amenity. The granting of the CUP will allow the restaurant to compete with other restaurants that also offer a selection of alcoholic beverages, allowing Mariscos Hector, a local small business, to remain economically viable and contribute to the overall success of the Downtown area. Also, the proposed license will not adversely affect the General Plan. The granting of the conditional use permits support 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. Operational standards for ABC licenses in the SAMC will mitigate potential impacts from the Type 47 ABC license (Exhibit 6). The proposed after-hours conditional use permit will allow the proposed restaurant to remain open past 12:00 a.m. Mariscos Hector is located in a predominantly commercial area surrounded by offices, retail stores, service uses, and similar restaurants. Conditions of approval have been placed upon the use that will minimize the possibility for any potential noise or safety impacts typically associated with after-hours operations. 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. 31 B-5