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Conditional Use Permit No. 2013 -40 <br />November 12, 2013 <br />Page 3 <br />Project Analysis <br />Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use <br />permits 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 <br />to the health, safety, or general welfare of persons residing or working in the vicinity. <br />• That the proposed use will not adversely affect the present economic stability or future <br />economic development of properties surrounding the area. <br />• That the proposed use will comply with the regulations and conditions specified in Chapter <br />41 for such use. <br />• That the proposed use will not adversely affect the General Plan of the city or any specific <br />plan applicable to the area of the proposed use. <br />If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, <br />the inability to make these findings would result in a denial. Using this information staff has <br />prepared the following analysis, which, in turn forms the basis for the recommendation contained in <br />this report. The prior staff recommendation of denial took into account that the proposed project met <br />two out of three of the City's overconcentration criteria: The project is located within 1,000 feet of <br />another off - premise license, and the project site is within 1,000 feet of three schools primarily used <br />by minors. This information is shown on Table 1 below and Map 1 on the following page. After <br />staffs presentation on October 28, 2013, the Planning Commission received new information from <br />the applicant and a concerned citizen from the surrounding community. This information, detailed <br />within the findings of fact on the following pages, focused on the site, physical attributes and location <br />of the premises. <br />Table 1: Licenses and Schools within 1,000 Feet of the Subject Property <br />Premises <br />Location <br />Type <br />(1) Azteca Market <br />2059 South Main <br />Type 20 <br />(2) Cesar Chavez High School <br />2128 South Cypress <br />School <br />(3) Edison Elementary <br />2063 South Orange <br />School <br />(4) Manuel Esqueda Elementary <br />2240 South Main <br />School <br />31 B -5 <br />