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Conditional Use Permit No. 2013 -40 November 12, 2013 Page 6 The proposed alcohol license will not adversely affect the General Plan. Retail markets and regulated uses such as alcoholic beverage control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element, which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Specifically, the project supports the following policies of the Land Use Element: o Policy 2.2, providing adequate amounts of goods and services for the City through a local market whose clientele is in the immediate vicinity; o Policy 2.4, supporting pedestrian access between the proposed market and the surrounding residential communities in close proximity; o Policy 2.10, supporting a neighborhood serving market that is harmonious in scale and character with the existing development in the area; o Policy 5.1, promoting development with community benefits that enhance the quality of life by allowing residents in the immediate area to shop at a market with a full range of goods, including beer and wine; and, o Policy 5.2, protecting the community from incompatible land uses through conditions of approval that will protect the surrounding community from potential adverse impacts or from the market developing into an attractive nuisance. 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. A PCN letter is required per Business and Professions Code Section 23958.4 due to the above average crime rate of the reporting district. The PCN letter will state that, despite the above average crime rate of the reporting district, 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 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 RITWOO