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ZA FULL PACKET 2013-03-27
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ZA FULL PACKET 2013-03-27
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4/11/2013 3:31:05 PM
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Agenda Packet
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3/27/2013
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Conditional Use Permit No. 2013-04 <br />March 27, 2013 <br />Page 6 <br />• The proposed alcohol license will adversely affect the goals stated in the General Plan. The <br />new alcohol license will be inconsistent with Policy 2.9 of the Land Use Element which supports <br />developments that create a business environment that is safe and attractive. The alcohol <br />license increases the potential for nuisance crimes such as loitering, disturbing the peace, <br />graffiti and other crimes that impact surrounding businesses and residential neighborhoods. <br />The granting of this application is also inconsistent with Policies 5.1 and 5.5 of the Land Use <br />Element of the General Plan which discourages projects that are not compatible with <br />surrounding land uses and have the potential to negatively impact their quality of life. The <br />project's proximity to single- multi-family residential properties to the north and east further <br />supports the denial of this application. <br />Over-concentration criteria were established by the City Council to maintain a balance between the <br />sale of alcoholic beverages and the health and sa#ety of the surrounding community. Based on <br />those criteria and the project's incompatibility with several polices of the General Plan, staff <br />recommends the denial of Conditional Use Permit 2013-04. <br />Police Department Anaivsis <br />The Police Department reviews conditional use permit (CUP) applications for the sale of alcoholic <br />beverages based on studies that show a strong correlation between the availability of alcohol and <br />increased crime, It has been determined that the project's location at 319 South Main Street is in <br />an area with above-average police incidents, ranking 1ST out of 902 citywide districts in total <br />number of police-related incidents. <br />The proposed project is subject to Santa Ana Municipal Code (SAMC) Section 41-132(1) which <br />defines over-concentration as any off-sale premises that are within 1,000 feet of another off-sale <br />license. if approved, the site would be over-concentrated due to the other active licenses within <br />1,000 feet, described earlier. Next, the market is located within 1,000 feet of a church; EI Camino <br />Truth and Life church is located 697 feet from the store. Moreover, the proposed location is <br />within 100 feet of both single-family and multi-family dwellings that may see an increase in <br />nuisance types of incidents if this license is approved. Finally, if approved, the license would <br />result trigger State overconcentration; five licenses are permitted in the project location's census <br />tract, and five currently exist. <br />Due to over-concentration issues, proximity to multi-family residential developments, and <br />concerns with crime that could result from an aver-concentration of licenses, the Police <br />Department's policy is to recommend denial of applications such as these in order to provide <br />consistency of analysis. <br />
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