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Conditional Use Permit No. 2012-05 <br />April 10, 2012 <br />Page 3 <br />The zoning for the site is North Harbor Specific Pian (SP2), General Commercial land use category. <br />The General Commercial land use of the SP2 zoning district allows for retail and department stores, <br />making the proposed use consistent with the zoning code. <br />Pro'ect Anal sis <br />Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit <br />requests may be granted when it can be shown that the following can be established: <br />• That the proposed use will provide a service or facility which will contribute to the general well being <br />of the neighborhood or community. <br />• That the proposed use will not, under the circumstances of the particular case, be detrimental to the <br />health, safety, or general welfare of persons residing or working in the vicinity. <br />• That the proposed use will not adversely affect the present economic stability or future economic <br />development of properties surrounding the area. <br />• That the proposed use will comply with the regulations and conditions specified in Chapter 41 for <br />such use. <br />• That the proposed use will not adversely affect the General Plan of the city or any specific plan <br />applicable to the area of the proposed use. <br />If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the <br />inability to make these findings would result in a denial. Using this information staff has prepared the <br />following analysis, which, in turn forms the basis for the recommendation contained in this report. In <br />analyzing the conditional use permit request, staff believes that the following findings of fact warrant <br />denial of the conditional use permit. <br />• The proposed Alcoholic Beverage Control (ABC) license will not provide an additional service and <br />convenience to the community. The Police Department has determined that the subject property is <br />located in a district that ranks above average in police related incidents. An ABC license upgrade <br />at this location may aggravate existing crime conditions and negatively impact adjacent <br />community. Therefore, the license upgrade to allow the sale of distilled spirits at the market, <br />under this particular circumstance, would not contribute to the general well being of the <br />surrounding neighborhood or the community. <br />