31B - CUP - LAS GUERITAS - 230 WARNER

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Conditional Use Permit No. 2014 -15 June 23, 2014 Page 3 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 permit; Las Gueritas Restaurant is requesting approval of an upgrade from a Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 ABC license to allow the on- premise consumption of beer, wine, and distilled spirits. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. The State Department of Alcoholic Beverage Control conducts an annual drawing for a limited number of new Type 47 (on -sale general) liquor licenses. Having been selected as part of this drawing, the applicant is now seeking to upgrade the license to allow the sale of distilled spirits in addition to beer and wine. If approved, the action will also entail the voiding of the Type 41 ABC CUP. 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 alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine, and distilled spirits with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed license upgrade for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to an established bona fide eating establishment use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer full alcoholic beverages for sale to their guests and other visitors. 31 B -5