31A - CONDITIONAL USE PERMIT NO. 2017-10 AT DO LUNCH DELI RESTAURANT

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Conditional Use Permit No. 2017-10 May 22, 2017 Page 3 beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP. The proposed sale of alcoholic beverages for on -premise consumption will not be detrimental to the health, safety, and welfare of the community. Do Lunch Deli 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. Moreover, the sale of alcoholic beverages with food will provide a one-stop dining experience for those attending events at the Santa Ana Stadium. The restaurant is located away from sensitive land uses such as residences, schools, and parks, and is in compliance with all applicable regulations and conditions imposed on an established bona fide public eating establishment pursuant to Chapter 41 of the SAMC. 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. Do Lunch Deli proposes to provide an additional amenity as part of the restaurant operations by serving alcoholic beverages to guests and residents of the city, Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 144; ranked 48 out of 103 Police Re 46'h Reporting Grids ( percentile) Threshold for High This reporting district is below the 20 percent threshold established by the State Crime for 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. The Police Department reviews CUP 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 § 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control. 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 Department of Alcohol Beverage Control and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater 31A-5