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• <br />2. Will the proposed use under the circumstances of the particular case <br />be detrimental to the health, safety, or general welfare of persons <br />residing or working in the vicinity? <br />The subject site is located in an area that is above average in <br />police-related incidents. The site is located within Reporting <br />District No.145, which ranks first out of the 102 citywide <br />districts in total number of police-related incidents. The <br />proposed off-premise beer and wine license will be detrimental <br />to persons residing and working in the area as the off-premise <br />sale of alcoholic beverages has the potential to create <br />nuisances such as loitering, disturbing the peace, graffiti and <br />other crimes that impact surrounding businesses and <br />residential neighborhoods. These negative impacts to <br />surrounding properties are further compounded by the subject <br />property's location within 1,000 feet of a park and schools <br />attended primarily by minors. <br />• <br />3. Will the proposed use adversely affect the present economic stability <br />or future economic development of properties surrounding the area? <br />Carniceria Rubio's Market is located in a commercial area that <br />is suitable for the existing use. However, a concentration of <br />off-premise sale outlets not only increases the availability of <br />alcohol but the nuisance crimes that impact the economic <br />viability of the adjacent commercial area and neighboring park, <br />schools, and residential developments. The denial of this <br />application would support Policy 4.5 of the Economic Element <br />of the General Plan which discourages making land use <br />decisions based purely on fiscal considerations but also the <br />qualitative implications that are associated. This new alcohol <br />license's potential to increase nuisance crimes will adversely <br />affect the economic stability of the surrounding properties. <br />4. Will the proposed use comply with the regulations and conditions <br />specified in Chapter 41 for such use? <br />The proposed alcohol license will not be in compliance with all <br />applicable conditions of Chapter 41 of the Santa Ana <br />Municipal Code regarding off-premise beer and wine license <br />since this location meets all three criteria established for <br />defining over concentration. The Santa Ana Municipal Code <br />defines the over concentration of alcohol licenses as a site that <br />meets any one of the following criteria: <br />• <br />The premise is located within 1,000 feet of another <br />existing off-premise license location; <br />Resolution No. 2009-14 <br />Page 2 of 5 <br />