ZA FULL PACKET 2012-05-22 - Laserfiche WebLink

Home Browse Search

Conditianal Use Permit No. 2012-07 May 22, 2012 Page 4 Conditianal use permit requests are governed by Section 41-638 of the SAMC. Conditional use permits 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 adversely will not 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 denial of the conditional use permit. The proposed alcoholic beverage control (ABC) license, in conjunction with the proposed after hours operations at the site, will not provide a service or facility which will contribute to the general well being of the neighborhood or community. Approving an additional off-site retail license would render the location aver-concentrated per City standards as the location is within 1,000 feet of another active off-site retail license. Moreover, approving an additional off-site license would render the location aver-concentrated per State standards, bringing the total number of licenses to seven. This over-concentration of establishments, coupled with the proposed 24-operation at the store, could have detrimental effects on the surrounding area. The proposed ABC license will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed market is located in an area that is average in police-related incidents and is located within Reporting District No. 130, which ranks 30t" aut of 102 citywide districts in total number of police-related incidents. However, alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. The addition of an alcohol sales establishment at a site that is also proposing 24-hour operation would create the potential for an increase in calls for service andlor the crime rate of the area.