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CUP No, 2015 -16 <br />May 9, 2016 <br />Page 4 <br />+ The proposed project will be in compliance with all applicable regulations and conditions <br />imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana <br />Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as <br />a bona -fide eating establishment as defined in Section 23088 of the California Business and <br />Professions Code, having suitable kitchen facilities and supplying an assortment of foods <br />commonly ordered at various hours of the day. Additionally, the restaurant will use less than five <br />percent of the gross floor area for the display and storage of alcoholic beverages, which is below <br />the maximum threshold established by the Santa Ana Municipal Code. <br />+ The proposed use will not adversely affect the General Plan. The granting of this conditional <br />use permit supports several policies contained in the General Plan. Policy 2.2 of the Land <br />Use Element encourages land uses that accommodate the City's needs for goods and <br />services. Providing a variety of full- service restaurants offers additional dining options for <br />Santa Ana residents and visitors. The tenanting of this building with a restaurant use further <br />supports the viability of the City's commercial corridors. Policy 4.3 of the Land Use Element <br />encourages support of land uses which provide community and regional economic and <br />service benefits. A viable restaurant will provide a needed service to Santa Ana residents and <br />visitors. <br />Police Department Analysis <br />The Santa Ana Police Department (SAPD) reviews conditional use permit applications for the <br />sale and service of alcoholic beverages to ensure that the potential crime and nuisance <br />behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For <br />on -sale licenses the Police Department analyzes the crime rate in the area using the standards <br />and definitions contained in the Business and Professions Code Section 23958.4(e)(2), which <br />also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section <br />defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, <br />burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both <br />felonies and misdemeanors, except traffic citations. <br />The Police Department then compares the number of such crimes in the reporting district as <br />compared to the number of crimes In other reporting districts. In keeping with the standard used <br />by State ABC and Business and Professions Code, should the Police Department determine that <br />the reporting district has a 20 percent greater number of reported crimes than the average <br />number found in all reporting districts, the Police Department will consider 'this information in <br />making its recommendation, <br />This business is located in police grid 243 which ranks 42 "d out of 102 reporting grids for police <br />activity, This area is below average for activity and SAPD does not oppose granting a license to <br />this business. <br />31 C -6 <br />