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Conditional Use Permit No. 2012-23 <br />November 14, 20'12 <br />Page 2 <br />size and holds approximately 60 seats. The on-premise sale of alcoholic beverages to customers is <br />intended to provide a service ancillary to the primary restaurant use. The hours of operation for the <br />restaurant are six days per week from 10:00 a.m. to 11:00 p.m. <br />The storage far alcoholic beverages will be located within two merchandise areas near the kitchen <br />that measure approximately two feet by three feet and two feet by two feet. The display area is <br />within a refrigerator that is 6.5 feet by 2 feet. The overall storage of alcohol consists of <br />approximately 23 square feet, which is 1.3 percent of the floor area and is less than #ive percent of <br />the gross #loor area of the restaurant. This falls below the Planning Division Guidelines for <br />establishments serving alcoholic beverages (Exhibits 3 and 4). <br />Project Background <br />Pho Asian Grill restaurant is a locally-owned and operated restaurant that specializes in Vietnamese <br />cuisine. This business has been operating at the present location since July, 2007. Pho Asian Grill <br />restaurant occupies an existing tenant space in Santa Clara Plaza that has been used for various <br />eating establishment since 2001. There was no previous conditional use permit issued fvr this location <br />to allow the on-site sale of alcoholic beverages, Anew CUP is required to permit the sale of alcohol at <br />the site. <br />A variance and minor excep#ion (Variance No. 2007-09 and Minor Exception No. 2007-04) was <br />approved in 2007 to allow a reduction in required landscaping and parking for a new 6,170 sq. ft. retail <br />building. As part of the approval, the site was upgraded to provide improved pedestrian circulation and <br />additional landscaping was added in the landscape setback areas. <br />General Plan and Zoning Consistency <br />The General Plan land use designation for the site is General Commercial (GC). General Commercial <br />land-use districts are key components in the economic development of the City. They provide highly <br />visible and accessible commercial development along the City's arterial transportation corridors and <br />provide important neighborhood facilities and services, such as this restaurant. The project site is <br />consistent with this General Plan land use designation. <br />The parcel is located within the Arterial Commercial {C-5) zoning district. The C-5 zoning district <br />allows for retail and service uses such as restaurants, making the proposed use consistent with the <br />zoning designation. <br />Project Anal sis <br />Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use <br />Permit requests may be granted when it can be shown that the following can be established: <br />