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Modification to Variance No. 2004-09 December 14, 2009 Page 2 The surrounding uses include a collection of restaurant, retail, artist galleries and studios within the Santora Building: a vacant building, a former electric substation and future live-work lofts to the east; a public garage and a variety of office and commercial uses to the north; multi-family residential uses and assorted commercial uses to the west; and restaurant and the Cal State Fullerton gallery, art program and student housing to the south (Exhibits 1 and 2). Project Description The bar currently occupies approximately 2,249 square feet on the ground floor of the Santora Building. The existing floor plan layout consists of a fixed bar, storage space and non-fixed seating and tables (Exhibit 3). The applicant proposes modifications to the existing conditions of Conditional Use Permit No. 2004-21 (Exhibit 4). The changes requested include the hours of operation, outdoor sale and consumption of alcohol, allowing the rear door to be kept open, sale of draft beer, sale of "hard" alcohol by the bottle, dancing, the allowance of a cover charge and the expansion of the bar into the basement. Analysis of the Issues Variance No. 2004-09 was granted to allow a bar use within the Artists Village zone. Along with the variance granted, conditions of approval mirroring Conditional Use Permit No. 2004-21 were also granted. The request of the applicants is identical with their request to modify CUP No. 2004-21. Staff has analyzed the modifications to Variance No. 2004- 09 consistent with the analysis and recommendation of CUP No. 2004-21. The changes requested include the hours of operation, outdoor sale and consumption of alcohol, allowing the rear door to be kept open, sale of draft beer, sale of "hard" alcohol by the bottle, dancing, the allowance of a cover charge and the expansion of the bar into the basement. In 2004, when the Proof Bar was granted permission to operate a bar within the downtown, conditions were imposed to ensure that the bar would operate in concert with the surrounding uses. The conditions that were imposed were intended to mitigate potential impacts created by the use and help to ensure the use would not negatively affect the surrounding community. During the continuance period since the initial j Zoning Administrator hearing in February 2008 the Police Department ~ noted a significant number of calls for service to the area. These 31 B-3