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Conditional Use Permit No. 201 1-2 March 2,201 1 Page 2 Proiect Description Courtyard by Marriott is requesting approval of a Type 47 Alcoholic Beverqge Control (ABC) license to allow the on-premise sale of beer, wine and distilled spirits within the new hotel. Specifically, the applicant is requesting approval to allow the hotel to sell alcoholic beverages within the lobby bar, cafe and market areas of the hotel. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary hotel use (Exhibits 3 and 4). Proiect Background The subject site was originally occupied by an Edwards Cinema and parking lot. In 2005, the Nexus Development Corporation received entitlements to construct a 13,470 square foot retaillrestaurant building, a six-story officelresidential (1 5-unit) loft building and a 25-story, 150 unit condominium tower on the Cinema site. In 2007 the Edwards Cinema building was demolished in anticipation of the beginning of the construction of the entitled project. Due to a shift in the economy, Nexus modified the master plan for the MacArthur Place South development and eliminated the retaillrestaurant and officelresidential buildings. In its place, the City Council approved a zoning ordinance amendment, an amendment to the development agreement, a conditional use permit and a variance to allow the hotel project in May 2009. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC), which allows for major development sites, such as the hotel development. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. The project site is consistent with this General Plan land use designation. The site is surrounded by residential, office and retail uses to the north; office development to the south; office and retail uses to the east; and vacant land and residential uses to the west. The zoning for the site is SD-76 - Hutton Centre Mixed Use Specific Development District No. 76. The SD-76 is a mixed use zone that allows office, restaurant, retail, hotel and residential land uses. Therefore, the proposed use is also consistent with the zoning designation. Proiect Analysis Conditional Use Permits are governed by Section 41-638 of the SAMC. Conditional 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.