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FULL PACKET_2012-02-21
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FULL PACKET_2012-02-21
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City Clerk
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Clerk of the Council
Date
2/21/2012
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Appeal No. 2011 -01 <br />December 12, 2011 <br />Page 7 <br />• The requested extension of the hours of alcohol sales, service and consumption will adversely <br />impact the economic stability or future economic development of property in the surrounding <br />area by exacerbating the existing condition of a high number of unrestricted alcohol- serving <br />establishments. The Police Department has found a strong correlation between the availability <br />of alcohol and additional crime impacts to the community, which can destabilize an area and <br />make it less attractive as a commercial location and negatively affect the economic well -being <br />of the neighborhood. The denial of this appeal would support Policy 4.5 of the Economic <br />Element of the General Plan which discourages making land use decisions purely on fiscal <br />considerations, but also the qualitative implications of the action. <br />• Although the site is outside of the area requiring a separate CUP for after -hours operations, <br />Police Condition No. 8 is specific to the regulation of the hours for sales and service of alcohol. <br />The City has additional standard conditions of approval that are applied to all requests for <br />alcohol sales. By affirming the Zoning Administrator's decision to not modify this condition, the <br />project would be in compliance with similar approvals. <br />The proposed expansion of hours of alcohol sales, service and consumption will conflict with <br />the established goals and policies of the General Plan and the North Harbor Specific Plan. <br />The request for extended hours for the sale of alcoholic beverages is inconsistent with Policy <br />2.5 of the General Plan, which seeks to balance economic benefits of commercial <br />development with any potential impacts to the community's quality of life. Further, the North <br />Harbor Specific Plan (SP -2) contains goals and objectives that seek to support the adjacent <br />residential neighborhoods. Examples of these objectives include the provision of full service, <br />sit -down, family -style restaurants. The extension of hours for alcohol sales does not serve to <br />strengthen the family -style orientation of the restaurant that is the subject of this application. <br />The Harbor Specific Plan also establishes the goal of providing assertive policing and <br />community service programs to alleviate crime and social problems along the corridor. <br />Upholding the Zoning Administrator's denial of the modification to the condition restricting the <br />hours of alcohol sales would support the goal of alleviating crime and social problems. <br />Police Department Analysis <br />The Police Department evaluated the applicant's request and also concluded that an extension of <br />hours related to the sale of alcohol would create a potential for a nightclub and other uses not <br />covered under the Type 41 ABC license category. Further, the prevalence of prostitution activity <br />in this area and the presence of a large number of unrestricted alcohol serving establishments <br />makes it an unsuitable location for the extension of alcohol sales hours. <br />Mi LAW, <br />
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