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Police Community Services Specialist Mike McCoy explained the Police Department's methodology for identifying areas that are above average in reported crime. Those reporting districts that are in the top 30% of all reporting districts are considered "above average" and therefore quality as "high crime" for purposes of making recommendations on liquor license applications to the Department of Alcoholic Beverage Control (ABC). Senior Planner Carvajal identified all off-premise liquor facilities with off-sale licenses • from the census tract map and reporting district. The Commission was provided with a handout from Bodega Latina Corporation dba EI Super entitled "Alcohol Responsibility." The public hearing was opened. Michael Cho, representing Bodega Latina Corporation, stated that his client disagreed with staff's analysis and highlighted the size of the supermarket relative to other markets with similar license types. In response to questions from Commissioner Mill, Mr. Cho explained that only 1 to 3% of EI Super's sales came from alcohol sales and that security is provided on site. In response to questions from Commissioner Acosta, Mr. Cho stated that EI Super would have to reconsider leasing this location if an ABC license was not granted and that no neighbors had expressed concerns about the application. Mr. Cho explained that staff's concerns could be mitigated through appropriate conditions of approval typical for this license type and offered a memo with proposed conditions prepared by EI Super. Frank Aguirre of Bodega Latina Corporation explained the company's alcohol responsibility training, security camera system and electronic age verification checkout software. Dave Radanovich of Bodega Latina Corporation explained the need to keep EI • Super's product offerings consistent throughout region in order to ensure that their customers can take advantage of special offers advertised for all stores. The public hearing was closed. Commissioner Acosta moved to grant the application as requested by the applicant with the stipulated modifications by staff and the police department. City Assistant Attorney Hodge reminded the Planning Commission that the Zoning Administrator did not make a finding, but remanded the item to the Planning Commission. He instructed the Planning Commission to establish findings per Section 41-638 for the conditional use permit, provide the letter of public convenience and necessity in addition to the statue, pursuant to the Santa Ana Municipal Code (SAMC) Section 41-196. Commissioner Nalle seconded the motion but did not state the findings of fact. Planning Manager Haluza clarified to the Planning Commission that the findings would need to support the five criteria contained within the SAMC Section 41-638 relating to Conditional Use Permit approvals. • REVISED MOTION: Commissioner Yrarrazaval moved to adopt a resolution approving Conditional Use Permit No. 2011-04; Commissioner Yrarrazaval made the following findings of fact based on information provided by the speakers. A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in addition to groceries found within the supermarket. The ABC license will not negatively affect the surrounding Planning Commission Minutes 3 March 28, 2011