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Section 44. Section 41-645.5 of Chapter 41 of the Santa Ana Municipal Code is <br />amended to read in full as follows: <br />Sec. 41-645.5. Same--Preparation of a letter of public convenience and or <br />necessity for off-sale alcohol conditional use permit , <br />feet, <br />(a) , <br />over-GeRraentratien of G#pFemise liqUGF liGenses fbF markets less than twenty thousaRd <br />(20,009) square feet, OF a Genditional use peFmit fGF the sale of alGGhGliG beyeFages <br />appeal to the eity Geu In the event that a business requesting a conditional use permit <br />for an off-sale alcohol license is located within an area deemed to have an undue <br />concentration of said licenses as determined by the California Department of Alcoholic <br />Beverage Control pursuant to Section 23958 et seq of the California Business and <br />Professions Code, then that business may apply to the planning commission for the <br />preparation of a letter of public convenience or necessity as a component of the application <br />for the conditional use permit. The process of consideration of this request will be governed <br />by Article V regarding the processing of conditional use permits except that the following <br />findings must be made. <br />(1) In granting said letter of public convenience or necessity the <br />applicant must prove and the planning commission must find that: <br />(i) The proposed use will not be detrimental to the <br />character of development in the immediate neighborhood and will be in harmony with the <br />overall objectives of the General Plan. <br />(ii) The economic benefit outweighs the negative <br />impacts to the community as whole. <br />(iii) The issuance of the license will provide a needed <br />service not currently being met in the community <br />(iv) There exist special and unusual circumstances <br />present here to justify a new retail alcohol outlet when there are already similar alcohol <br />uses existing nearby. <br />(v) The business cannot operate profitably without a <br />liquor license. <br />42 <br />75A-62