31C - CUP - 309 W 3RD ST - Laserfiche WebLink

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CUP Nos. 2015 -02 & 2015 -03 February 23, 2015 Page 4 + 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 these conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Type 41 Alcoholic Beverage Control License (CUP No. 2015 -02) SAMC Section 41 -196 requires a. CUP for establishments selling alcohol for on -site or off -site consumption. The proposed ABC license will allow the proposed restaurant to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in Downtown. Moreover, operational standards will mitigate potential impacts from the Type 41 ABC license (Exhibit 6). The following findings of fact form the foundation for staffs recommendation of approval for the CUP to allow a Type 41 ABC license. • The proposed Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Standards are applicable to 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 Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises and in a rear patio area, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 31 C -6