31A - CUP - 315 W 17TH ST - Laserfiche WebLink

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Modification to CUP No. 2005 -29 February 27, 2017 Page 3 Proiect Analvsis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed project will not adversely impact the community. 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. Staff has prepared the The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. Staff has reviewed the application's request to sell beer, wine, and distilled spirits and has determined that the proposed CUP modification will not be detrimental to the health, safety, and welfare of the community. The subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. The closest public facility is Willard Intermediate School which is approximately 1,100 feet away and the closest residential property is 150 feet away. As a result, the granting of the CUP modification will not negatively impact any sensitive land uses that may be nearby. El Calamar is an established restaurant with a clean history and provides a service to the community and visitors of the City. The license upgrade will allow the restaurant to remain competitive with similar establishments and economically viable, and will meet customer demands during seasonal holidays. In addition, the on -site sale of alcohol to customers is intended to provide a service ancillary to the primary restaurant use. As part of the application process, the application was reviewed by the Police Department and Code Enforcement Division which have no issues of concern regarding this modification. The restaurant is currently in compliance with all applicable regulations and conditions imposed on an eating establishment selling beer, wine and distilled spirits pursuant to Chapter 41 of the SAMC. Furthermore, the conditions of approval and operational standards for on -sale establishments and periodic monitoring will ensure that the use will not deviate from the planned operation reviewed under this application and will mitigate any potential impacts created by such use. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-5