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

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Appeal No. 2011-01 December 12, 2011 Page 3 sales hours and options for entertainment, while the other member expressed his issues with the window signs and lack of compliance with the existing conditions of approval. The Zoning Administrator instructed the applicant to comply with existing conditions of approval, and instructed them to remove all unpermitted window signs and temporary flags. He concluded by continuing the item for one week in order to allow the Police Department and Planning Division to verify compliance with all existing conditions. On November 2, 2011 the proposal was reevaluated by the Zoning Administrator. At this meeting, the Planning Division presented photographs of the site showing that the illegal signage had been removed as requested by the Zoning Administrator. The Zoning Administrator expressed his concerns that the applicant had not yet established a strong track record of compliance, but elected to approve the request to further modify Police Condition No. 9 to permit strolling musicians and karaoke and denied the request to amend Police Condition No. 8 to extend the hours of alcohol sales. In summary, with the exception of the extended alcohol sales hours, all of the applicant's requests for modifications to the CUP were approved. On November 7, 2011 the applicant appealed the Zoning Administrator's decision denying the extended hours of alcohol sales (Appeal Application No. 2011-01). The applicant states that the extended hours of alcohol sales are necessary to remain competitive with other businesses in the area. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The site is surrounded by commercial uses to the north, south and west, and industrial uses to the east. The parcel is located within the General Commercial sub-zone of the North Harbor Specific Plan (SP-2) zoning district. The SP-2 zoning district allows for retail and service uses, such as restaurants, making the proposed use consistent with the zoning code. Prowect Analysis The following analysis will focus on the issues regarding the extension of the hours for alcohol sales until 2:00 a.m. at Mariscos Zamora. Police Condition No. 8 of CUP 2011-09 states that: "Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m." 31A-5