31B - CUP - 2112 S MAIN ST - Laserfiche WebLink

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Conditional Use Permit No. 2013 -40 November 12, 2013 Page 7 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 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 site, located at 2112 South Main Street is in a reporting district that has a 20 percent greater number of reported crimes than the average number reported for all crime reporting districts and is 21 percent above the average in police related incidents based on standards established under the Business and Professions Code Section 23958.4. Since the reporting district has an above average crime rate, and the site is located within 100 feet of residential dwellings, the Police Department recommended denial of this application. However, the Planning Commission, based on additional information received at the October 28, 2013 public hearing, recommended approval of the CUP to allow an off -sale ABC license. Public Notification The project site is located within the Memorial Park Neighborhood Association and is adjacent to the Delhi and Madison Park Neighborhood Associations. On October 9, 2013, staff and the applicant attended the Delhi Neighborhood Association meeting to discuss the proposed project. Further, on October 18th, the Memorial Park Neighborhood Association held a meeting to discuss the project. The general consensus of both meetings was that the neighborhoods were supportive of the City's recommendation as there are a sufficient number of establishments along South Main Street (including retail stores, restaurants and bars) that have alcohol sales. In addition, the attendees were concerned that the addition of another ABC licensed establishment in the immediate area would create adverse impacts that resulted from the sale of alcohol at this location. The presidents of the neighborhood associations were also notified by mail 10 days prior to this public hearing. In addition, the district representative from the City's Neighborhood Improvement Division contacted the presidents to ensure that the presidents were notified of the meeting and to see if there were any additional areas of concern. No further areas of concern were identified by the Neighborhood Association presidents. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 31 B -9