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CUP Nos. 2019-10 and 2019-11 October 14, 2019 Page 3 three other Mariscos Hector restaurants in the City that the owner is affiliated with. Two are wholly owned by the applicant, with the applicant having majority control of the third establishment. In 2014, a conditional use permit application was submitted to expand the restaurant and beer and wine sales into the adjacent tenant space (Unit D); however, the applicant elected to withdraw the application prior to scheduling the item for a Planning Commission public hearing. In early 2017, the applicant received authorization from the Department of Alcoholic Beverage Control (ABC) to upgrade from a Type 41 to a Type 47 alcoholic beverage license and allow the sale of distilled spirits in addition to beer and wine. Around the same time, the adjacent 600 square foot space (Unit D) became vacant, with the restaurant leasing the space for future expansion. In response, the applicant submitted a conditional use permit application to the Planning Division. In March 2017, a public hearing was held by the Planning Commission for Conditional Use Permit No. 2017-03. After receiving public testimony on the application, the Commission denied the request to upgrade the license. The denial was based on feedback from the community that included concerns with noise, crime, on -site disturbances, on operational issues occurring at the restaurant. Since the denial, the applicant has secured a new management team and has applied for the ABC license upgrade and to operate until 2 a.m. on Friday, Saturday and holidays. Proiect Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. In analyzing the applicant's request, staff analyzed several specific elements, including a review of the site to ensure it was in compliance with City operational standards, a review of the amount and type of code enforcement activity occurring on the site, analysis of the type and volume of Police related calls for service to both the restaurant and site, and a review of compliance with State ABC standards. Staff has reviewed the applicant's request to upgrade the alcoholic beverage control license to allow for sale of distilled spirits in addition to beer and wine and has determined that approval of the conditional use permit will not be detrimental to the health, safety, and welfare of the community. As proposed, the restaurant will continue to operate as a sit-down bona -fide eating establishment and is proposing to increase in size to 2,450 square feet by expanding into an adjacent 600 square foot space. The other commercial uses located on the property are a mix of retail and office uses. The subject site is not located within immediate proximity to parks, playgrounds, or schools. The closest school facilities are Edison Elementary and St. Anne School which are over 1,000-feet 60A-5