31D - CUP - 3317 S BRISTOL - Laserfiche WebLink

Home Browse Search

Conditional Use Permit No. 2016-39 November 28, 2016 Page 3 The proposed ABC license will not be detrimental to the health, safety, and welfare of the community. Pizza Hut is an established restaurant business with a history of service to the community and visitors of the City. The existing eating establishment and proposed alcoholic beverage service will enhance the economic viability of the area and create a more attractive dining opportunity for visitors and residents in the community. The proposed CUP will be in compliance with all regulations, including alcohol storage and display area, standards as set forth in Section 41-196(c) of the SAMC. Further the site will be in compliance with all the operational standards set forth in Section 41-196(g) of the SAMC, which govern the on -premises sale of alcoholic beverages (Exhibit 6). Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability. Pizza Hut proposes to provide an additional amenity as part of the restaurant operations by serving alcoholic beverages to guests and residents of the City. 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 the 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 makin its-recommendatlon. The Police Department has reviewed the application and has noted that the restaurant is located within Reporting District No. 150, which ranks 40th out of 102 Citywide Districts in total number of police -related incidents. This puts the restaurant in an area of the City considered below average in police -related incidents. The Police Department contends that the operational standards applicable to on -premise ABC licenses will mitigate any potential impacts to the surrounding community. Moreover, the proposed conditional use permit will also be consistent with similar ABC licenses for restaurants in the area Therefore, the Santa Ana Police Department does not oppose the granting of a CUP to this business. 31 D-5