ZA PACKET 08-31-2011 - Laserfiche WebLink

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Conditional Use Permit No. 201 1-1 7 August 31,201 1 Page 4 As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a business selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for retail uses that sell alcohol. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A wine merchant with an ancillary tasting area provides a retail service to the residents of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in p~rblic and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over concentrated and high in crime may affect the quality of life, impact police resources in the area, and aggravate existing conditions. The proposed Type 42 ABC license for the on-site cons~.rmption of beer and wine is a regulated use as defined by SAMC 41-191(b)(5). Those uses are specifically regulated because the intensive nature of the use can create harmful impacts on the commurrity. An analysis of the area has determined that no adjacent land uses, as defined by SAMC 41-191 subsections (c) and (d), were found that may be impacted by this operation. Further, the purpose of the Type 42 license is not for a typical regulated use but to allow wine tasting events. The conditions of approval, in conjunction with the operational standards of The Wine Club, are satisfactory to address any potential impacts. Several factors were considered when reviewing the off-sale component of this application, such as crime rate, overconcentration and sensitive land uses. The Police Department has determined that 1431 S. Village Way is located in an area that is average in police-related incidents. This site is located within reporting district No. 247, which ranks 93rd out of 102 citywide districts in total number of police-related incidents. However, no sensitive land uses were identified in the area. Moreover, this location does not meet the City's definition of overconcentration. State overconcentration standards are not triggered since this license is simply relocating within the sanie census tract. Since there are no high crime or overconcentration issues, the Police Department recommends approval of this application provided that conditions are imposed to mitigate any negative impacts to the community.