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Conditional Use Permit No. 2017 -07 March 13, 2017 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 to allow an on -sale license at this location. 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. Black Bear Diner is a restaurant business with established procedures and operators in multiple states. The existing eating establishment and proposed alcoholic beverage service will enhance the economic viability of the area and create a more attractive opportunity 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- premises sale of alcoholic beverages (Exhibit 6). Additionally, the site is located away from sensitive land uses, ensuring that it will not be detrimental to any residential area in the vicinity, 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, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses, Black Bear Diner proposes to provide an additional amenity as part of the restaurant operations, to serve guests and residents of the City, similar to the restaurants in the immediate vicinity. Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No, and Rank police Grid No. 150; ranked 40 out of 102 Police Reporting Grids 38 p 9 ( `" percentile) Threshold for High This reporting district is below the 20 percent threshold established by the State for Crime high crime Police Department The Police Department contends that the operational standards applicable to on- Recommendation premise ABC licenses will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of a CUP. 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 31 B -5