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CUP No. 2016 -14 <br />April 25, 2016 <br />Page 3 <br />Proiect Analvsls <br />Conditional use permit requests are governed by Section 41 -638 of the SAMC; Section 41 -196 <br />requires a CUP for establishments selling alcohol for on -site or off -site consumption. Staff has <br />prepared the following analysis, which in turn forms the basis for the recommendation contained in <br />this report. In analyzing these conditional use permit requests, staff believes that the following <br />findings of fact warrant approval of the CUP. <br />The on- premise sale of alcoholic beverages to customers is intended to provide a service <br />ancillary to the primary restaurant use. This will thereby benefit the community by providing a <br />restaurant with an additional and complementary food - related amenity. The granting of the CUP <br />for this space will allow the restaurant to continue its established function within this <br />neighborhood as a well- known, family -owned eating establishment. <br />Moreover, the proposed license will not adversely affect the General Plan. The granting of this <br />conditional use permit supports several policies contained in the General Plan, Policy 2.2 of the <br />Land Use Element encourages land uses that accommodate the City's needs for goods and <br />services, Providing a variety of full- service restaurants that feature alcoholic beverages on their <br />menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy <br />2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and <br />encourages increased levels of capital investment. Restaurant Acapulco's tenancy contributes to <br />the maintenance and viability of the commercial development in which it is located, Further, <br />Policy 2.9 of the Land Use Element supports developments that create a business environment <br />that is safe and attractive, Operational standards for the proposed ABC license will maintain a <br />safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element <br />encourages development that is compatible with and supporting of surrounding land uses. The <br />restaurant will be located in a commercial area and its operations will be compatible with the <br />surrounding commercial businesses (Exhibit 6). <br />Police Department Analysts <br />The Police Department reviews conditional use permit applications for the sale and service of <br />alcoholic beverages in order to ensure that the potential crime and nuisance behaviors <br />associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale <br />licenses, the Police Department analyzes the crime rate in the area using the standards and <br />definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also <br />are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines <br />"reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, <br />larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and <br />misdemeanors, except traffic citations, <br />31A-5 <br />