31A - CUP - 305 E 4TH ST SUITE 105

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CUP Nos. 2016-05 and 2016-15 April 11, 2016 Page 3 • 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. • 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 requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No. 2016-05 — Type 41 ABC license: The Kiyomizu restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on -premise consumption of beer and wine. The applicant intends to sell beer and wine as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling beer and wine. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. The Type 41 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Conditions have been placed on the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. The proposed 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 conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. 31A-5