31A - CUP - 2223 W 5TH ST - Laserfiche WebLink

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Conditional Use August 10, 2015 Page 2 Permit No.2013 -27 size and holds approximately 48 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 9:00 a.m. to 12:00 a.m., seven days per week. The storage for alcoholic beverages will be inside of an existing refrigerator that is located in the kitchen and a dry storage area. The overall storage of alcohol consists of approximately 49 square feet, which is four percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Standards for establishments serving alcoholic beverages (Exhibits 4 and 5). Project Background Tacos Y Mariscos El Picante restaurant is a locally -owned and operated restaurant that specializes in Mexican seafood cuisine. The restaurant occupies an existing space within Tiny Tim Plaza that has been used by various eating establishments since 1966. This business has been operating at the present location since July 2012. There was no previous conditional use permit issued for this location to allow the on -site sale of alcoholic beverages. The General Plan land use designation for the site is General Commercial (GC) and Low Density Residential at seven dwelling units per acre (LR7). General Commercial land -use districts are key components in the economic development of the City as they provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Single- Family Residence (R -1) and Two - Family Residence (R -2) zoning districts with a use variance approved in 1961 (VA No. 1441). The variance allows for retail and service uses such as restaurants, making the proposed use a legal non - conforming use with the R -1 and R -2 zoning designations. 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. 31A-4