31A - 2323 WEST FIRST STREET - Laserfiche WebLink

Home Browse Search

Amendment to CUP No. 1990-01 October 23, 2006 Page 2 been operating at this location since 1985 and currently possesses a Type 41 (on-premise beer and wine) alcoholic beverage control license. The restaurant, which specializes in the preparation of Mexican cuisine, consists of approximately 3,400 square feet of floor area and has seating for about 88 patrons. The restaurant is currently open from 12: 00 noon until 1:30 a.m. Monday through Friday and from 9:00 a.m. through 1:30 a.m. on Saturday and Sunday (Exhibits 3 and 4) . Analysis of the Issues The applicant is requesting to modify an existing condition of approval and allow the facility to operate until 1:30 a.m. seven days a week. Condition No. 8 of Conditional Use Permit No. 1990-01 limits the hours of operation of alcohol sales to 10: 10 p.m. Sunday through Thursday. The applicant has been operating until 1: 30 a .m. for the past few years, unaware of the condition of approval. The Planning Division and Police Department have reviewed the application for compliance with all applicable codes. The Police Department has noted that the restaurant is located wi thin Reporting District No. 105, which ranks 24th out of 102 Citywide Districts in total number of police-related incidents. This places the restaurant in an area of the City considered above average in police-related incidents. In order to determine if a premise may operate after hours, a review of calls for service to the restaurant are analyzed. A total of 36 calls for service have been generated from the premises since January 2005. Of these calls, a maj ori ty are considered to be nuisance related calls such as disturbing the peace (six calls). In addition, two calls for armed robbery were recei ved; however, these occurred after close of business and were not directly attributed to the business. One report of assault was received during the restaurant's operating hours. To ensure that the number of Police related service calls to the restaurant are minimized and ensure the business operates as a bona fide eating establishment and does not emerge as a bar, the Police Department is proposing additional conditions of approval that will assist in mi tigating potential negative effects this restaurant may have on the community. The facility, which has been operating since 1985, has established a satisfactory track record in addressing crime related concerns. The extended hours, in conjunction with the conditions of approval, will continue to address Police Department concerns regarding public safety. Therefore, staff recommends that the Planning Commission approve the amendment to Conditional Use Permit No. 1990-01 as conditioned. 31A-3