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<br />Conditional Use Permit No. 2008-25 <br />July 14, 2008 <br />Page 2 <br /> <br />Project Description <br /> <br />Carl's Jr. is a nationally recognized fast - food establishment that has <br />operated at this location since 1990. The Carl's Jr. and adjacent Taco <br />Bell were constructed as part of Phase II of the master plan for the <br />Bristol Marketplace shopping center. The applicant is proposing to <br />obtain a conditional use permit to operate the dining room and drive- <br />thru on a 24 -hour basis, seven days a week. Both the building and <br />adjacent drive-thru lane were previously approved under Conditional Use <br />Permit No. 90-20 in November 1990. The existing restaurant provides <br />seating for 95 patrons in the dining room with 30 additional seats <br />provided in an outdoor patio. There are no building enlargements or <br />modifications proposed as part of the conditional use permit request. A <br />total of 35 parking spaces are provided on-site; however, parking for <br />this development is provided as an integrated shopping plaza with more <br />than 2,000 parking spaces available in the center. <br /> <br />Analysis of the Issues <br /> <br />In January 1994, the City Council adopted Ordinance No. NS-2213 requiring <br />a conditional use permit for any eating establishment open any time <br />between the hours of 12:00 a.m. and 5:00 a.m. and is within 150 feet of <br />any residentially zoned or used property. Since the proposed restaurant <br />is situated on a parcel of land that is 115 feet and across Bristol Street <br />from residential property (to the east), a conditional use permit is <br />required. <br /> <br />In reviewing applications for after hours operation the Planning Division <br />considers several criteria to determine the feasibility of the request. <br />These criteria include the crime rate of the area, the nature of the <br />establishment, the surrounding land uses and options to mitigate any <br />potentially negative impacts on the nearby residents. <br /> <br />1. Crime rate of the area - The restaurant is located within an area of <br />the City considered above average in police related incidents. The <br />area is located in Reporting District No. 123, which ranks 20th out <br />of 102 Citywide Districts in total number of police related <br />incidents. This ranking is based on the total number of calls for <br />service in that reporting district compared to all other reporting <br />districts. The Police Department has reviewed the proposal and has <br />added appropriate conditions of approval to address any potential <br />concerns regarding the after hours use at this location. <br /> <br />31 B-3 <br />