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Conditional Use Permit No. 2012-07 May 22, 2012 Page 3 Project Analysis The Santa Ana Municipal Code regulates over-concentration of alcohol licenses for smaller markets and similar establishments. At 2,496 square feet in size, this application is subject to Section 41- 132 of the SAMC which regulates off-site sale alcohol licenses for markets less than 20,000 square feet in size. The location is considered over-concentrated per this code section if it meets any of the following three criteria: the premise is located within 1,000 feet of another existing establishment with an off-site sale license, excluding markets over 20,000 square feet; the premise is located within 1,000 feet of any property used as a school primarily attended by minors, a church or a park; or the premise is determined to be over_concentrated by the State Department of Alcoholic Beverage Control. After a thorough review of the surrounding land uses, it was determined that the subject property meets two of the three criteria necessary to be considered over-concentrated per the SAMC. First, this store is within 1,000 feet of another off-sale outlet, It is located approximately 350 feet from Smart & Final at 3430 South Bristol Street. Next, the market is located within a census tract determined to be over-concentrated by the State of California because there are six existing licenses in the census tract; six is the maximum number of active licenses allowed for this census tract. Table 1 below provides details of the six licensed establishments. Table 1 A plicant Location T e Vons 3650 South Bristol T e 21 Trader Joe's 3329 South Bristol T e 21 Bi Lots 3321 South Bristol T e 20 Crai Li uor 1200 West MacArthur T e 21 Smart and Final 3430 South Bristol T e 21 Rite Aid 3325 South Bristol T pe 21 Type 20--beer and wine for consumption off-site Type 2'l -- beer, wine and distilled spirits for consumption off-site Applications for similar conditional use permits for stores under 20,000 square feet in over- concentrated locations have been reviewed by staff in the past and were subject to the City's overconcentration standards. In 2009, K&S Food Store applied for a conditional use permit to allow a Type 21 ABC license for the off-premise sale of beer, wine, and distilled spirits. Following a presentation by staff, the Zoning Administrator adopted a resolution denying Conditional Use Permit No. 2009-16. This decision was based on findings that the location met two out of three of the City's criteria for overconcentration: the location was over concentrated with alcohol licenses and was within 1,000 feet of other sensitive land uses.