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Conditional Use Permit No. 2012-29 January 23, 2013 Page 4 • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission far restaurants selling alcohol with their meal. Additionally, the restaurant will utilize less than two percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and its [ocation within a regional destination center, Downtown Santa Ana, contributes to the economic success of the city as a shopping and dining destination. Pollice De ar#ment Anal sis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic collisions, homicide, .assaults, rape, domestic violence, drunk in public, and other nuisance-type offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed overconcentrated and high in crime may affect the quality of fife and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on-sale establishments, the Police Department considers two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 410 West Fourth Street has a 20 percent greater number of reported crimes than the average number reported for all crime reporting districts and is considered above average in police-related incidents based an standards established under Business and Professions (B&P) Code Section 2395$.4. The area of 410 West Fourth Street is located in Reporting District No. 165. This district is also above-average in police-related incidents and ranks 3`d out of 102 citywide reporting districts, Although the project site is located in a district with a 20 percent greater number of reported crimes than average and is at a location in a district that is above-average in police-related incidents, the Police Department contends that the proposed conditions of approval will mitigate any potential impacts to the surrounding properties. As a result, the Police Department recommends approval of Conditional Use Permit No. 2012-29 subject to conditions of approval.