31A - CUP - HDMM ENTERPRISE 3825 WEST FIRST STREET

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CUP No. 2012-22 & VA No. 2012-08 October 8, 2012 Page 4 Conditional Use Permit Popeye's Louisiana Kitchen proponent is seeking a conditional use permit to allow a restaurant in the North Harbor Specific Plan (SP-2) zoning district. Conditional use permits are governed by Section 41-638 of the SAMC, and may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis which, in turn, forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The project will provide a service or facility which will contribute to the community. The facility is a commercial eating establishment that will provide additional dining options and social gathering opportunities to residents and visitors of the City. Further, the business will provide additional employment opportunities for residents that live in the City. The restaurant and drive-through lane will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly commercial in nature. Further, improvements will be made to the site that will bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. 31A-6