31A - CONDITIONAL USE PERMIT NO. 2011-09 MARISCOS ZAMORA RESTAURANT

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Appeal No. 2011-01 December 12, 2011 Page 6 Of those, 15 are for restaurants that sell beer and wine for on-site consumption (Type 41) similar to Mariscos Zamora. The following table illustrates the restrictions on hours of alcohol sales and service currently existing in the area. Due to the fact that most of these restaurants were approved prior to the establishment of the City's regulations and permitting processes regarding alcohol sales, they have few added conditions of approval and no City restriction on the hours of alcohol sales. It should be noted that ABC limits the sale of alcohol until 2:00 a.m., unless the City imposes more restrictive conditions, in which case, ABC includes the City's condition on the applicant's license. Address ! IN Name Restrictions 3701 West McFadden, Suites G-J Mariscos Zamora (subject) 7:00 a.m.-12:00 a.m. 130 North Fairview Street, Suite A Colima Mexican Restaurant No City Restriction 601 North Harbor Boulevard El Nuevo Monterey No City Restriction 914 North Harbor Boulevard, Suite F El Rey Del Marisco No City Restriction 650 South Harbor Boulevard Alfonsos Mexican Grill No City Restriction 938 South Harbor Boulevard Taqueria Guerrero No City Restriction 120 South Harbor Boulevard, Suite M Pho & Che Restaurant No City Restriction 3522 West First Street Cay Dua Restaurant 8:00 a.m.-12:00 a.m. 3502 West First Street Favori Restaurant No City Restriction 4411 West First Street Newport Seafood Restaurant Unavailable 4504 West First Street Ngoc Duong Restaurant 9:00 a.m.-12:00 a.m. 3610 West First Street, Suite C Pho Tau bay Restaurant No City Restriction 4702 West First Street, Suite F Hen Ho Restaurant No City Restriction 3317 West First Street Casa Oaxaca No City Restriction 3622 West Fifth Street Mariscos Ensenada No City Restriction The current table reflects that 80 percent of existing restaurants with a Type 41 alcohol license (12 total) do not have any city-imposed restrictions on the hours of alcohol sales. In addition, there are also three bars (public premise) within a one-mile radius of the proposed project. The request to extend the hours of alcohol sales will not provide an additional service within the area. • The proposed extension of the hours of alcohol sales, service and consumption will, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sales, service and consumption of alcoholic beverages beyond midnight may attract patrons other than those found as part of a typical sit- down family restaurant. This may be detrimental to the safety and general welfare of both the restaurant patrons and the community at large, as the Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community. The restaurant is located within an area that is considered a special enforcement district for prostitution. Since January of 2011 the two reporting districts nearest to the subject location (Reporting Districts 46 and 47) have had over 100 reported incidents of prostitution and/or vice- related crimes. In addition, the Police Department has evaluated the applicant's request to extend the hours of alcohol sales and is concerned that an expansion would create a potential for a nightclub which would require an additional CUP in the SP-2 zoning district. 31A-8