75A - MARISCOS HECTOR PERMIT NO. 2019-10

Home Browse Search

Conditional Use Permit No. 2019-10 and No. 2019-11 1801 South Main Street, Units D and E January 21, 2020 Page 5 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 away and there are two churches within 500-feet of the subject site. There are residential properties to the east that abut the restaurant use. Mariscos Hector #1 is an established restaurant which provides a dining service to the community and visitors of the City. The license upgrade will allow the restaurant to remain competitive with similar establishments and economically viable. In addition, the on -site sale of alcohol to customers is an ancillary service to the primary restaurant use. The subject site does not conform to the City's off-street parking regulations as the parking requirement for restaurant uses has changed since the structure was constructed. Regardless, since a restaurant has been at this location since the building was constructed, the restaurant may continue as a nonconforming use. And, per Section 41-1309.1 of the SAMC, the 600 square foot expansion area is exempt from complying with the higher restaurant parking standard as this Code section allows tenant spaces less than 2,500 square feet in size (the expanded restaurant will be 2,450 square feet) to continue to be parked at the lower retail rate. Conditions of approval are proposed that will bring the window signage into conformance with the Municipal Code. Table 2: Operational Standards Standards Required by SAMC Proposed Eating Establishment Type Bona -Fide Bona -Fide Hours of Operation 5:00 am to 12:00 am 8:00 am to 1:00 am Window Display 25% of Window Coverage Complies Live Entertainment Entertainment Permit Applicant in process of obtaining a new permit 75A-5