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Conditional Use Permit No. 2013 -39 <br />November 12, 2013 <br />Page 8 <br />close proximity to multi - family residences because the approval of an additional off -sale outlet could <br />aggravate existing conditions in the area and negatively impact the community. The Police <br />Department recommended denial based on overconcentration, but the Planning Commission, based <br />on additional information garnered during the public hearing on October 28, recommended approval. <br />Public Notification <br />The project site is not located within an established Neighborhood Association boundary. However, <br />the presidents of the nearby South Coast and Republic Homes neighborhood associations were <br />notified by mail 10 days prior to this public hearing. In addition, the district representative from the <br />City's Neighborhood Improvement Division contacted the presidents to ensure that the presidents <br />were notified of the project and to see if there were any areas of concern. The project site itself was <br />posted with a notice advertising this public hearing, a notice was published in the Orange County <br />Reporter and mailed notices were sent to all property owners within 500 feet of the project site. <br />Just before the October 28, 2013 Planning Commission hearing, staff received correspondence <br />from nearby residents, the applicants and corporate representatives, and from the manager of a <br />nearby residential community. Most correspondence was in favor of the proposed project; however, <br />the manager of a nearby residential community expressed opposition to the project. Since the <br />October 28 meeting, and at the time of this printing, no correspondence, either written or electronic, <br />has been received from any members of the public. <br />CEQA Compliance <br />In accordance with the California Environmental Quality Act the recommended action is exempt for <br />further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with <br />no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -71 will be <br />filed for this project. <br />Conclusion <br />Overconcentration criteria were established by the City Council to maintain a balance between the sale <br />of alcoholic beverages and the health and safety of the surrounding community. Following staffs <br />recommendation for denial at the October 28 Planning Commission hearing, new information was <br />presented that subsequently led the Planning Commission to direct staff to create findings of fact to <br />warrant approval of the project. These findings concern the unique circumstances surrounding the <br />project's location, attributes, and operations. The Planning Commission found this evidence sufficient <br />31A -10 <br />