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CUP Nos. 2012 -11, 2012 -12 & 2012 -13 -MOD October 28, 2013 Page 3 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 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 permits. Conditional Use Permit No.-2012-1 1-MOD to expand the service area for a Type 47 ABC license Playground restaurant is requesting approval to expand the service area of the existing Type 47 Alcoholic Beverage Control (ABC) license approved under CUP 2012 -11. 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 proposed expansion of the alcoholic beverage service area will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. The Type 47 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. The proposed expansion of the alcoholic beverage service area will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. in addition, the use will occur within the premises and /or within an enclosed 31 C -5