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Canditionai Use Permit No. 2013-04 March 27, 2013 Page 4 Applications for similar conditional use permits for stores under 20,D00 square feet in aver- concentrated locations have been reviewed by staff in the past and were subject to the City`s overconcentration standards. For example, in 2009, K&S Food Store applied for a conditional use permit to allow a Type 21 ABC license far the off-premise sale of beer, wine, and distilled spirits. Following a presentation by staff, the Zoning Administrator adopted a resolution denying Conditional Use Permit No. 2009-16. This decision was based on findings that the location met two out of three of the City's criteria for overconcentration: the location was over concentrated with alcohol licenses and was within 1,000 feet of other sensitive land uses. Conditional use permit requests are governed by Section 41-638 of the SAMC. Canditionai 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 affec# 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 folbwing findings of fact warrant denial of the conditional use permit. The proposed alcoholic beverage control {ABC) license wil! 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 over-concentrated per City standards as the location is within 1,000 feet of another active off-site retail license and within 1,000 feet of a sensitive land use. Moreover, approving an additional off-site license would render the location over-concentrated per State standards, bringing the total number of licenses to seven. This over-concentration of establishments could have detrimental effects on the surrounding area.