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ZA PACKET 03-09-2011
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ZA PACKET 03-09-2011
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12/31/2013 12:57:12 PM
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Agenda Packet
Date
3/9/2011
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Resolution No. 2011-XX <br />Page 3 of 4 <br />license in an area deemed to be high in crime will affect <br />the quality of life and need for police resources in the <br />area, and further aggravate existing conditions. This <br />would result in increased costs to the City for police <br />services, while high crime rates could reduce property <br />values. <br />4. Will the proposed use comply with the regulations and <br />conditions specified in Chapter 41 of the S.A.M.C. for such <br />use? <br />The proposed use will not comply with the regulations <br />and conditions specified in Chapter 41 for the issuance <br />of Conditional Use Permits for alcohol sales. Although <br />the El Super is proposed to be located within the C2 – <br />General Commercial zone, which allows for grocery <br />stores, the alcohol sales component is regulated as a <br />separate use which requires a CUP (SAMC Sec. 41- <br />196). Due to the fact that the findings necessary for <br />ABC to issue a PC&N Letter cannot be made, the <br />applicant would not be able to obtain an ABC license at <br />this location and would, therefore, not be able to obtain <br />a CUP. <br />5. Will the proposed use adversely affect the General Plan or any <br />specific plan of the City? <br />The proposed alcohol license will adversely affect the <br />General Plan in several ways. The new alcohol license <br />will be inconsistent with Policy 2.9 of the Land Use <br />Element which supports developments that create a <br />business environment that is safe and attractive. The <br />addition of an alcohol license increases the potential for <br />nuisance crimes such as loitering, disturbing the peace, <br />graffiti and other crimes that impact surrounding <br />businesses and residential neighborhoods. The <br />granting of this application is also inconsistent with <br />Policies 5.1 and 5.5 of the Land Use Element of the <br />General Plan which discourages projects that are not <br />compatible with surrounding land uses and have the <br />potential to negatively impact their quality of life. <br />E. In accordance with the California Environmental Quality Act, the <br />recommended action is exempt from further review per Section <br />15270. The statutory exemption states that CEQA does not apply to <br />projects that a public agency rejects or disapproves. Statutory
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