31B - CUP - 409 N BROADWAY - Laserfiche WebLink

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CUP Nos. 2016-08 & 2016-09 April 11, 2016 Page 4 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 409 North Broadway is located in Reporting District No. 165. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards and proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. Due to the crime rate in the reporting district, a Public Convenience and Necessity (PCN) letter will be required for the State of California. As a result, conditions of approval are included that will address any concerns. Per SAMC Section 41-196, licenses for on -sale consumption of alcohol are not subject to the City's overconcentration standards. However, the site is subject to State standards, including the crime rate of an area. As a result, the PCN letter is needed to address the State's concern with the restaurant being located in an area that is 20 percent higher than the City average. A public convenience will be served if this license is approved as the proposed Mariscos Hector is a full service, sit-down eating establishment that will provide an additional service to the surrounding community, which typically includes alcoholic beverages. The applicant is intending to surrender a Type 41 ABC License when the Type 47 ABC License is approved and therefore no increase in the number of licenses will occur for this census tract. The proposed conditional use permit will also be consistent with similar ABC license requests that were approved for similar establishments, including the Fourth Street Market and the Playground restaurant on Fourth Street. Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the president of the Downtown Neighborhood Association to ensure that they were notified of this project and to identify any areas of concern. The representatives had no further comments regarding the proposed CUP at the time the staff report was prepared. 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. No comments have been received as of the date of printing of this report.