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with a full range of goods, including beer, wine and distilled spirits; 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; and Policy 5.4, which supports land uses which are consistent with the Land Use Plan of the Land Use Element. The Planned Shopping Center (C4) zoning district allows markets by right and alcohol licenses subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Element. E. The subject site is located in Reporting District No. 128. This reporting district is 20 percent above the average reporting for all districts and is 22 percent higher than the average number of reported crimes in all reporting districts. Due to the crime rate in the reporting district, a Public Convenience and Necessity (PCN) letter will be required for the State of California. Additionally, per SAMC Section 41- 196(d), since this building is over 31,000 square feet in size, this property is not subject to the City's overconcentration standards. However, the site is subject to the State overconcentration standards as this census tract is allowed four off -sale outlets and five active licenses currently exist. As a result, the PCN letter will also address the State's overconcentration standards. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. This Class 1 exemption allows the licensing of existing and new facilities with no expansion in the size of the use. Categorical Exemption Environmental Review No. 2013 -108 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -49 as conditioned in Exhibit "A" attached hereto and incorporated herein. In addition, the Planning Commission authorizes the issuance of a Public Convenience and Necessity (PCN) Letter for the project. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 27, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -05 Page 4 of 9 31A -18