31A - CUP - 301 N SPURGEON ST - Laserfiche WebLink

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CUP Nos. 2013-36, 2013-37 & 2013-38 September 23, 2013 Page 3 The parcel is located within the Transit Zoning Code (SD-84) zoning district in the Downtown (DT) sub-zone. The SD-84 zoning district allows for service and retail uses such as a restaurant. Further, the zoning allows for the sale of alcoholic beverages, after-hours operations and banquet facilities subject to issuance of a conditional use permit. This project is consistent with the SD-84 zoning designation. 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 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 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 this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2013-36 for a Type 47 ABC license El Mercado restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on-premise consumption of beer and wine, as well as distilled spirits, as part of a bonefied eating establishment. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The applicant has not requested an entertainment permit; however, this permit is now subject to a separate ministerial review for issuance. The Police Department has asked that alcohol sales be limited to 9:00 a.m. to 12:00 a.m. unless an after-hours permit (CUP-2013-37) be approved. In that event, the Police Department requests sales of alcohol be limited to 8:00 a.m. to 2:00 a.m. 31A-5