31A - CUP - EXTEND HOURS 5210 W FIRST ST

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Conditional Use Permit No. 2013-06 June 24, 2013 Page 3 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 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 approval of the conditional use permit. The proposed 24 hour operation will provide a service to the residents and employees of the surrounding community by allowing them the ability to purchase a variety of dry goods, beverages and fresh daily food products at the market. The extended business hours will thereby benefit the community by providing an additional amenity. By extending hours of operation to 24 hours a day, 7-Eleven will offer a convenient experience to the neighborhood and surrounding community. Additionally, appropriate conditions have been placed on the proposed CUP, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed request to operate the 2,475 square foot market between the hours of midnight and 5:00 a.m. at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the conditional use permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the extended hours for the retail use allows for convenient access to services and goods, benefiting the surrounding community. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the market to grow its business, offering more services through extending the hours of operation for their customers. 31A-5