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Conditional Use Permit No. 2013-04 March 27, 2013 Page 3 that create a safe and attractive business environment; Economic Development Element Policy 4.5, which discourages making land use decisions based purely on fiscal considerations; and Land Use Element Policies 5.1 and 5.5, which discourage projects that are not compatible with surrounding land uses and have the potential to negatively impact quality of life. Further details are provided in the Project Analysis and Findings of Fact sections, below. Project Anaiysis The Santa Ana Municipal Code regulates over-concentration of alcohol licenses for smaller markets and similar establishments. At 1,665 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 i# 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 in a location 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 the three criteria necessary to be considered over- concentrated per the SAMC. First, this store is within 1,000 feet of two off-sale outlets already in operation. 1t is located approximately 984 feet from Main Street Liquor at 630 South Main Street and 901 feet from R Ranch Market, which currently holds but does not use an off-sale license. Next, the market is located within 1,000 feet of a church; EI Camino Truth and Life church is located 697 feet from the store. Finally, the market is located within a census tract that would be determined to be over-concentrated by the State of California because there are five existing licenses in the census tract; five is the maximum number of active licenses allowed for this census tract. Table 1 below provides details of the five licensed establishments. Table 1 Store Location T pe Fairview Li uor 619 West McFadden T e 21 R Ranch Market 631 South Main T e 20 North ate Market 1010 South Main T e 21 Main Street Li uor 630 South Main T e 21 Van Ness Market 601 South Van Ness T e 20 Type 20 -beer and wine for consumption off-site Type 21 -beer, wine and distilled spirits far consumption off-site