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CUP Nos. 2013 -32, 2013 -33 & 2013 -34 <br />August 25, 2014 <br />Page 3 <br />The proposed hours of operation for the Fourth Street Market are seven days a week from 6:00 a.m. <br />to 2:00 a.m. Operations past 12:00 midnight in the Transit Zoning Code (SD -84) require approval of <br />a separate CUP. The applicant also is requesting a CUP for banquet use to allow for special events <br />and private functions, though it is not the applicant's intention to operate as a dedicated banquet <br />facility. <br />Project Background <br />The Fourth Street Market building is not a historic structure and is not located within the Downtown <br />National Register Historic District, but is within the Downtown District of the Transit Zoning Code <br />(SD84). The building has been occupied by a variety of retail, service, and restaurant businesses <br />and office uses on the upper floors. The Fourth Street Market will house independently owned <br />restaurants specializing in restaurant start-ups and gourmet retail food selections. The proprietors of <br />the Fourth Street Market are the owners /operators of the Playground restaurant, which is located <br />nearby. <br />General Plan and Zoning Consistency <br />The General Plan land use designation for the site is District Center (DC). District Center areas are <br />designed to serve as anchors for the City's commercial corridors, and to accommodate major <br />development activity. District Centers are to be developed with an urban character including a mix of <br />office, commercial and residential land uses including other restaurants with ABC licenses. The <br />project site is consistent with this General Plan land use designation. <br />The zoning for the site is the Transit Zoning Code /Specific District 84 (SD -84). The SD -84 zoning <br />district allows for retail and service uses such as restaurants, making the proposed use consistent <br />with the zoning code. <br />Proiect Analysis <br />Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit <br />requests may be granted when it can be shown that the following can be established: <br />+ That the proposed use will provide a service or facility which will contribute to the general well <br />being of the neighborhood or community. <br />• That the proposed use will not, under the circumstances of the particular case, be detrimental to <br />the health, safety, or general welfare of persons residing or working in the vicinity. <br />+ That the proposed use will not adversely affect the present economic stability or future economic <br />development of properties surrounding the area. <br />That the proposed use will comply with the regulations and conditions specified in Chapter 41 for <br />such use. 31 B -5 <br />