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31A - CUP - 5015 W EDINGER
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31A - CUP - 5015 W EDINGER
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Last modified
11/10/2016 5:21:19 PM
Creation date
11/10/2016 4:56:39 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
31A
Date
11/15/2016
Destruction Year
2021
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Conditional Use Permit No. 97-06 <br />May 27, 1997 <br />Page 2 <br />Proiect Description <br />A conditional use permit to serve beer and wine in conjunction with an the <br />existing restaurant was approved by the Zoning Administrator on April 6, <br />1997. The restaurant is located within a 67,468 square foot retail center <br />on a 5.65 acre site(Exhibit 3). The 7,940 square foot restaurant presently <br />includes a public dining area, along with private areas designated as <br />wedding party changing room, office, and private dining (Exhibit 4). <br />Analysis of the Issues <br />Emerald Bay Seafood Restaurant was granted approval to serve alcoholic <br />beverages as an ancillary service to its primary restaurant use. Alcoholic <br />beverages will be served as part of the restaurant menu. The restaurant <br />currently is in operation Sunday through Thursday from 11:30 a.m. to 10:00 <br />p.m., and Fridays and Saturdays from 11:30 a.m. to 12:00 a.m. Within these <br />hours, the restaurant proposes to continue to host wedding and special <br />occasion banquets with live entertainment. <br />The Police Department reviewed the proposed beer and wine license and <br />determined that the restaurant is located in Police Reporting District No. <br />27. This district has an average crime rate and ranks 63 out of 102 <br />Districts in the total. number of police-related incidents citywide. The <br />Police Department expressed concern with several aspects of the proposal <br />including the layout of the floor plan with private rooms and stage area; <br />potential impacts on adjacent residential uses from amplified music; and <br />noise from the rear parking area. To mitigate these impacts, the Type 41 <br />beer and wine license was conditioned (Exhibits 5 and 6) so that live <br />entertainment and amplified music is limited to three musicians or <br />entertainers, and that live entertainment and public dancing is only <br />permitted in conjunction with wedding or banquet events. In addition, the <br />private dining areas (rooms 2, 3, and 4 of Exhibit 4) are to be <br />incorporated into the main dining area. <br />The applicant is appealing condition number A.5: to eliminate the existing <br />private dining rooms based upon the financial hardship it creates to comply <br />with this condition. Converting the three, approximately 160 square feet, <br />private dining rooms to open public dining area would change the <br />restaurant's Uniform Building Code occupancy rating and require substantial <br />upgrades to the building construction. The Police Department's <br />recommendation to eliminate these rooms is based on experiences with <br />similar facilities were these types of private rooms have been used for <br />unlawful activities and have created a significant enforcement issue. <br />Based on the above analysis of the project and the attached findings, staff <br />recommends denial of Appeal of the Zoning Administrator's Decision No. 97- <br />02. <br />31A -19 <br />
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