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Section 44. Section 41-645.5 of Chapter 41 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 41-645.5. Same--Preparation of a letter of public convenience or necessity for off-sale alcohol conditional use permits. (a) In the event that a business requesting a conditional use permit for an off-sale alcohol license is located within an area deemed to have an undue concentration of said licenses as determined by the California Department of Alcoholic Beverage Control pursuant to Section 23958 et seq. of the California Business and Professions Code, then that business may apply to the planning commission for the preparation of a letter of public convenience or necessity as a component of the application for the conditional use permit. The process of consideration of this request will be governed by Article V regarding the processing of conditional use permits except that the following findings must be made. (1) In granting said letter of public convenience or necessity the applicant must prove and the planning commission must find that: (i) The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the General Plan. impacts to the community as whole. (ii) The economic benefit outweighs the negative (iii) The issuance of the license will provide a needed service not currently being met in the community (iv) There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. liquor license. to seek community input. (v) The business cannot operate profitably without a (vi) The applicant has demonstrated reasonable efforts (b) Within two (2) days following the date of a planning commission decision on the preparation of a letter of public convenience or necessity, the planning manager shall send a written report of such decision to the members of the city council. If, within twenty-one (21) days following the date of such a planning commission decision, the city council sets the matter for public hearing, then the decision of the planning commission shall be vacated and the decision regarding the preparation of a letter of public convenience or necessity shall be heard and decided by the city council. Ordinance No. NS-2847 Page 37 of 39