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2. The premise is located within 1,000 feet of any property • used as a school primarily attended by minors, a church or a park; 3. The premise is determined to be over concentrated by the criteria developed by the State Department of Alcoholic Beverage Control. The subject property is within 1,000 feet of one other off premise alcohol licenses, a 7-11 located at 902 West First Street. The subject property is also within 1,000 feet of a park, Angels Community Park located at 914 West Third Street, and schools attended by minors, Katherine Irvine Day School located at 1002 West Second Street and Santa Ana High School located at 722 West First Street. Additionally, the additional of a new ABC licensed establishment would further intensify the over concentration of alcohol licenses in this census tract pursuant to the State of California's Business and Professions Code (Section 23958.4 of the ABC Act). According to ABC, this location has been determined to meet the State definition of undue concentration based on the crime rate and the number of licenses within this census tract. There are currently seven active off-premise (i.e. market and liquor stores) licenses and one active on-premise • (Polio Ranchero Restaurant) license within this census tract while the State only allows for six. By adding a seventh ABC license in this area would be a violation of Section 23958.4(a). 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed alcohol license will adversely affect the General Plan in several ways. First, the granting of an alcohol license will also be inconsistent with Policy 2.9 of the Land Use Element which supports developments that create a business environment that is safe and attractive. The granting of an alcohol license increases the potential for nuisance crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also inconsistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan which discourages projects that are not compatible with surrounding land uses and have the potential to negatively impact their quality of life. The projects proximity to both residential properties as well as other sensitive land uses identified in the over concentration criteria further support the denial of this application. Resolution No. 2009-14 Page 3 of 5