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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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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
31A
Date
11/15/2016
Destruction Year
2021
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CUP Nos. 2016 -29, 2016 -30 & 2016 -33 <br />October 10, 2016 <br />Page 3 <br />In addition to operations as a full service eating establishment, Majesty Restaurant is requesting to <br />operate an ancillary banquet use. As a banquet facility, Majesty Restaurant would allow the facility <br />or a portion of the facility to be available for rent. This banquet use would be ancillary to the primary <br />restaurant use. Banquet facilities as an ancillary use are permitted in the Community Commercial <br />zoning district subject to the issuance of a CUP. <br />Project Background <br />The subject multi- tenant commercial center contains multiple neighborhood - serving businesses, <br />The tenant space has been operating as an eating establishment since the previous restaurant at <br />this unit, Emerald Bay Restaurant, began operating on December 18, 1996. Emerald Bay <br />Restaurant was a full- service restaurant that provided alcoholic beverages to customers via <br />approval of CUP No. 1997 -06. Majesty Restaurant is a full - service Vietnamese restaurant that <br />has been operating at 5015 West Edinger Avenue, Unit V since March 6, 2015. CUP No. 2000- <br />11 had been transferred to Majesty Restaurant when they opened at this location, which allowed <br />the on- premise consumption of beer, wine and distilled spirits at this location. This CUP <br />amended CUP No. 1997.06, which authorized the on- premise consumption of beer and wine at <br />this location. Other than the previous ABC license request, no discretionary permits have been <br />requested or granted at neither Units V nor Z, <br />Project Analysis <br />Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use <br />permit requests may be granted when It can be shown that the proposed project will not adversely <br />impact the community. If these findings can be made, then it is appropriate to grant the conditional <br />use permit. Conversely, the inability to make these findings would result in a denial. Using this <br />information staff has prepared the following analysis, which, in turn forms the basis for the <br />recommendation contained in this report. <br />The on- premise sale of alcoholic beverages to customers is intended to provide a service <br />ancillary to the primary restaurant use. This will thereby benefit the community by providing a <br />restaurant with an additional and complementary food - related amenity. The granting of the CUP <br />for this expanded space will allow the restaurant to continue to function within this neighborhood <br />as an eating establishment. The proposed expansion of the ABC license into the adjacent suite <br />will be In compliance with all other regulations, including alcohol storage and display area criteria <br />set forth in Section 41- 196(g)(25) of the SAMC. Further, the site will be in compliance with all <br />operational standards set forth in Section 41- 196(g) of the SAMC, which govern the on- premise <br />sale of alcoholic beverages (Exhibit 6). Finally, the proposed ABC license will be consistent with <br />several goals and policies of the General Plan, including Goals 2 and 5 of the Land Use Element, <br />which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any <br />potential impacts, and are compatible with and supporting of surrounding land uses. <br />31A-5 <br />
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