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

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Appeal No. 2011-01 December 12, 2011 Page 7 The requested extension of the hours of alcohol sales, service and consumption will adversely impact the economic stability or future economic development of property in the surrounding area by exacerbating the existing condition of a high number of unrestricted alcohol-serving establishments. The Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community, which can destabilize an area and make it less attractive as a commercial location and negatively affect the economic well-being of the neighborhood. The denial of this appeal would support Policy 4.5 of the Economic Element of the General Plan which discourages making land use decisions purely on fiscal considerations, but also the qualitative implications of the action. Although the site is outside of the area requiring a separate CUP for after-hours operations, Police Condition No. 8 is specific to the regulation of the hours for sales and service of alcohol. The City has additional standard conditions of approval that are applied to all requests for alcohol sales. By affirming the Zoning Administrator's decision to not modify this condition, the project would be in compliance with similar approvals. The proposed expansion of hours of alcohol sales, service and consumption will conflict with the established goals and policies of the General Plan and the North Harbor Specific Plan. The request for extended hours for the sale of alcoholic beverages is inconsistent with Policy 2.5 of the General Plan, which seeks to balance economic benefits of commercial development with any potential impacts to the community's quality of life. Further, the North Harbor Specific Plan (SP-2) contains goals and objectives that seek to support the adjacent residential neighborhoods. Examples of these objectives include the provision of full service, sit-down, family-style restaurants. The extension of hours for alcohol sales does not serve to strengthen the family-style orientation of the restaurant that is the subject of this application. The Harbor Specific Plan also establishes the goal of providing assertive policing and community service programs to alleviate crime and social problems along the corridor. Upholding the Zoning Administrator's denial of the modification to the condition restricting the hours of alcohol sales would support the goal of alleviating crime and social problems. Police Department Analysis The Police Department evaluated the applicant's request and also concluded that an extension of hours related to the sale of alcohol would create a potential for a nightclub and other uses not covered under the Type 41 ABC license category. Further, the prevalence of prostitution activity in this area and the presence of a large number of unrestricted alcohol serving establishments makes it an unsuitable location for the extension of alcohol sales hours. 31A-9