31A - CUP 2011-09 - 3701 WEST MCFADDEN AVENUE SUITE G-J

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Appeal No. 2011-01 December 12, 2011 Page 2 Project Background and Zoning Administrator Action Mariscos Zamora is an independently owned restaurant specializing in Mexican casual cuisine. This business has been operating at this location since December of 2000. The restaurant was originally approved as the Dos Amigos Restaurant in 1997, which operated under Conditional Use Permit No. 1997-15 allowing for a Type 41 ABC license covering Suites H and I. The owners of Mariscos Zamora subsequently requested an amendment to the original CUP and it was approved on September 25, 2006. The amended CUP (CUP 1997-15 Modification) allowed for the expansion of the restaurant into adjacent Suite J. In 2011 the business owner proposed a further expansion into Suite G and also requested an amendment to the existing condition of approval (Police Condition No. 8) to allow for the extension of their hours of alcohol sales until 2:00 a.m. (CUP 2011-09). A Zoning Administrator hearing to consider the application was held on April 27, 2011. During the public hearing, in addition to the request for extended alcohol sales hours, the applicant requested a modification to Police Condition No. 9 to allow for strolling musicians, karaoke and a jukebox. The Zoning Administrator considered this information and continued the item to May 18, 2011. On May 18, 2011 the Zoning Administrator approved the expansion into Suite G and modified Police Condition No. 9 to permit a jukebox, with the proviso that it not be audible beyond 20 feet of the business. The request for extended hours of alcohol sales, strolling musicians and karaoke was not approved; however, the Zoning Administrator offered to re-review the applicant's request in six months to give the applicant time to establish a track record of compliance with the new conditions. This six-month period would have expired in late December 2011. As is the regular process for such approvals, on June 13, 2011, the Planning Commission confirmed the Zoning Administrator's action as part of the Consent Calendar. However, on August 19, 2011 the applicant contacted the City prior to the established six-month review period to request a review of the existing conditions of approval to allow karaoke, strolling musicians, and extended hours of alcohol sales. The applicant asked that staff consider the request earlier in order to allow the restaurant to remain competitive and meet customer demands during the peak holiday season. Staff agreed to present this information to the Zoning Administrator. A Zoning Administrator hearing was held on October 26, 2011 for Conditional Use Permit No. 2011-09. Prior to the ZA hearing, two phone calls and a letter were received expressing concerns with noise and public safety related to the proposed live music and extended alcohol sales hours. Additionally, concerns were expressed relating to excessive window signs and exterior advertising promoting the availability of alcoholic beverages, both in violation of the existing CUP. This letter was presented by staff at the ZA hearing and three members of the public were in attendance. Two members were in support of the application and explained the benefit of extended alcohol 31A-4