31A - CUP - 1441 W MACARTHUR BLVD

Home Browse Search

Conditional Use Permit No. 2013 -39 November 12, 2013 Page 7 Despite the fact that the site meets two of three City overconcentration criteria, the Planning Commission received new information and directed staff to create findings of fact to support the applicant's request. Moreover, conditions have been placed on the sale of alcoholic beverages to maintain the health and safety of the surrounding community. Based on these criteria, as well as the projects compatibility with several polices of the General Plan, the Planning Commission recommends approval of Conditional Use Permit No. 2013 -39. Letter of Public Convenience and Necessity Due to the Planning Commission's recommendation of approval, the issuance of a Public Convenience and Necessity (PCN) letter is required for this application. A PCN letter is required per Business and Professions Code Section 23958.4 due to the overconcentration of off -sale ABC licenses in the census tract in which the applicant's premises are located. The PCN letter will state that despite the fact that the number of off -sale retail licenses in the census tracts exceeds the resident population to off -sale licenses ratio in the vicinity, the issuance of an additional off -sale ABC license at this location is necessary to serve the public convenience and is necessary in the area. The Planning Commission requested that staff prepare the PCN letter based on the testimony and new information received at the October 28, 2013 public hearing. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code Section 23948.4(a)(1), should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation, which could result in a recommendation of denial. The project at 1441 West MacArthur Boulevard, Unit D is located in Reporting District No. 130. This reporting district is not 20 percent higher than the average number of reported crimes in all reporting districts. The Police Department in most circumstances recommends denial of similar applications such as CUP No. 2013 -39 based on an overconcentration of similar licenses in the area and the 31A-9