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ZA FULL PACKET 2012-07-25
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ZA FULL PACKET 2012-07-25
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11/29/2012 3:46:17 PM
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PBA
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Agenda Packet
Date
7/25/2012
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Conditional Use Permit No. 2012-14 <br />July 25, 20'12 <br />Page 5 <br />Despite the fact that the City's overconcentration criteria do not regulate this project site because it is <br />over the 20,000 square foot threshold, conditions have been placed on the sale of alcoholic beverages <br />to maintain the health and safety of the surrounding community. Based on these criteria, as well as the <br />projects compatibility with several polices of the General Plan, staff recommends the approval of <br />Conditional Use Permit No. 2012-14. <br />Police De artment Anal sis <br />The Police Department reviews conditional use permit applications for the sale of alcoholic <br />beverages because there is a strong correlation between the availability of alcohol and crime. <br />Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic <br />collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of <br />offenses. Without stringent controls to address the location of alcohol outlets, there is a strong <br />likelihood that an overconcentration will create blight and adversely impact the community. <br />The approval of a license in an area deemed over-concentrated and high in crime may affect the <br />quality of life, impact police resources in the area, and aggravate existing conditions. However, <br />conditions have been placed on the project to mitigate or reduce the potential for any of these <br />effects. <br />Several factors were considered when reviewing this application including crime rate, <br />overconcentration and sensitive land uses. The Business and Professions ("B and P") Code defnes <br />above average crime under Section 23958.4 as it pertains to an applicant`s premises for an original <br />or premises-to-premises transfer of any retail license as follows: <br />(1) The applicant premises are located in a crime reporting district that has a 20 percent greater <br />number of reported crimes, as defined in subdivision (c}, than the average number of reported <br />crimes as determined from all crime reporting districts within the jurisdiction of the local law <br />enforcement agency. <br />(c} For purposes of this section, the following definitions shall apply: (1) "Reporting districts" <br />means geographical areas within the boundaries of a single governmental entity (city or the <br />unincorporated area of a county} that are identified by the local law enforcement agency in <br />the compilation and maintenance of statistical information on reported crimes and arrests. (2} <br />"Reported crimes" means the most recent yearly compilation by the local law enforcement <br />agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, <br />burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, <br />both felonies and misdemeanors, except traffic citations. <br />The Police Department has determined that 3300 South Bristol Street is located in reporting district <br />no. 130, which has an average number of reported crimes based on the standards established <br />under B and P Section 23958.4. Moreover, the proposed location is located within 100 feet of multi- <br />
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