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Conditional Use Permit No. 2012-01 <br />February 15, 2012 <br />Page 2 <br />approximately 189 seats within its dining room. The on-premise sale of alcoholic beverages to <br />customers is intended to provide a service ancillary to the primary restaurant use. The proposed <br />hours of operation for the restaurant are weekdays from 3:00 p.m. to 10:00 p.m. and weekends <br />from 12:00 noon to 10:00 p.m. <br />Storage and display areas for alcoholic beverages will be located within awalk-in cooler, a general <br />storage room in the kitchen area, and near the front counter area. The overall storage and display <br />of alcohol consists of approximately 82 square feet, which is less than one percent of the floor area <br />and is less than five percent of the gross floor area of the restaurant. This falls below the Planning <br />Division Guidelines for establishments serving alcoholic beverages {Exhibits 3 and 4). <br />Project Background <br />The proposed project seeks to occupy astand-alone restaurant space that once housed a Sumo <br />Sushi & Seafood Buffet restaurant from 1997 to 2008. Sumo previously held an ABC license <br />(Conditional Use Permit No. 1997-07) for its restaurant operations. However, since the restaurant <br />space has been empty for over one year, a new CUP is required to permit the sale of alcohol at the <br />site. <br />The Boiling Crab is a national franchise chain of restaurants specializing in seafood. This business is <br />currently in the process of conducting tenant improvements and has pulled permits far the project <br />within the last six months. In order to display and sell alcohol, a conditional use permit is required. <br />General Plan and Zoning Consistency <br />The General Plan land use designation for the site is District Center {GC). District Center land-use <br />districts provide highly visible and accessible commercial development along the City's arterial <br />transportation corridors and provide important neighborhood facilities and services, such as this <br />restaurant. The project site is consistent with this General Plan land use designation. <br />The parcel is located within the General Commercial {C-2) zoning district. The C-2 zoning district <br />allows far retail and service uses such as restaurants, making the proposed use consistent with the <br />zoning code. <br />Project Analysis <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 />• That the proposed use will provide a service or facility which will contribute to the general well <br />being of the neighborhood or community. <br />That the proposed use will not, under the circumstances of the particular case, be detrimental to <br />the health, safety, or general welfare of persons residing or working in the vicinity. <br />