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<br /> Modification to Variance No. 2004-09 <br /> December 14, 2009 <br /> Page 7 <br /> Any amendment to this conditional use permit must be submitted to the <br /> Planning Division and Police Department for review. <br /> The applicant has requested the use of a basement level room, that would <br /> be accessed via a stairway leading from the main bar area, as an <br /> expansion of the bar. Expansion into the basement area for utilization <br /> similar to the ground level bar is problematic; therefore, staff <br /> recommends additional conditions of approval to mitigate any potential <br /> negative impacts. The addition of conditions to ensure supervised <br /> consumption of alcohol, provision of staff at all times within the <br /> basement whenever the establishment is operating for security purposes <br /> and the use of the basement access door only for emergency purposes will <br /> mitigate any potential impacts. With the inclusion of these conditions, <br /> staff recommends approval of the applicant's request to expand the <br /> service area into the basement room. <br /> CEQA Compliance <br /> This project was reviewed in accordance with the Guidelines for the <br /> California Environmental Quality Act. The recommendation is exempt from <br /> further review pursuant to Section 15301. This Class 1 exemption <br /> applies to alterations to an existing operation or facility with <br /> negligible expansion. Categorical Exemption Environmental Review No. <br /> 2008-39 will be filed for this project. <br /> Se gio to AICP <br /> Princi 1 P nn r <br /> SK: jm <br /> sk\reports\va04-09 Proof Bar mod.121909.pc <br /> 75B-9 <br /> <br />