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Conditional Use Permit No. 2016-40 November 28, 2016 Page 3 The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request for a CUP to allow the on -premise sale and consumption of alcoholic beverages. Since the proposed alcohol license is intended to provide an added amenity to the restaurant, and because the sale of alcoholic beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP, The proposed use will not be detrimental to the health, safety, and welfare of the community. Olive Garden is an established restaurant chain with no history of disciplinary action in the City. The eating establishment and proposed alcoholic beverage service will enhance the economic viability of the area by occupying a commercial tenant space along a major gateway into the City that has been vacant for numerous years and create an attractive destination for visitors and residents in the community. The proposed CUP will be in compliance with all other regulations, including alcohol storage and display area 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 -premise sale of alcoholic beverages (Exhibit 6). Finally, the proposed CUP will be consistent with Goal 2 of the Land Use Element of the General Plan, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. Olive Garden proposes to provide an additional amenity as part of the restaurant's operations, to serve guests and residents of the City, similar to the other restaurants in the immediate vicinity. Police Department Analysis As part of the review process for all CUPs, the Police Department has reviewed Olive Garden's application in order to ensure that the potential crime and nuisance behaviors associated with. alcohol consumption and alcohol sales are mitigated to the greatest extent possible. The Police Department analyzed the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also 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's ABC and Business and Professions Code, should the Police Department 31 E-5