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Conditional Use Permit No. 2012-05 March 21, 2012 Page 3 The zoning for the site is North Harbor Specific Plan (SP2), General Commercial land use category. The General Commercial land use of the SP2 zoning district allows for retail and department stares, making the proposed use consistent with the zoning code. Project Analysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the follawing 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 #his report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed Alcoholic Beverage Control (ABC} license will provide an additional service and convenience to the community by allowing patrons the convenience of purchasing a variety of alcoholic beverages while purchasing other general merchandise or awaiting for other Wal-Mart store services. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding distilled spirits to their current offerings of beer and wine, and the other items already offered in the store, Wal-Mart can better serve the community by providing added convenience and aone-stop shopping experience. • The proposed ABC license will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. Wal-Mart is an established department store chain with established policies and procedures, including an