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Conditional Use Permit No. 2013 -49 January 27, 2014 Page 6 Police Department Analvsis 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 and overconcentration. In reviewing the crime rate of the area, the Police Department uses the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also 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 ABC [Business and Professions Code Section 23948.4(a)(1)j, 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. 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. Although calls for service were made to the site in the past when supermarkets occupied the building, none of the calls were attributed to the sale of alcoholic beverages. Further, tenants occupying a space of this size have been found to be larger, more established large -scale operators who have set policies and procedures in place to ensure proper sale and storage of alcohol. 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. 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. A public convenience will be served if this license is approved as the proposed Smart & Final Extra Is a supermarket that will provide a full range of goods and products to the surrounding community, which typically includes alcoholic beverages. This service provides a convenient, one -stop shopping experience to residents in the surrounding community. The proposed conditional use permit will also be consistent with similar ABC license requests that were approved for larger establishments, including the El Super supermarket on South Bristol Street and Northgate Market. 31A-8