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MOTION: Adopt a resolution approving Variance No. 2011-05 as conditioned. MOTION: Yrarrazaval VOTE: AYES: NOES: • ABSTAIN ABSENT: SECOND: Nalle Acosta, Alderete, Gartner, Yrarrazaval (7) None (0) None (0) None (0) Mill, Nalle, Turner, 2. MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 1996-30 Filed by Jason Kordas for the Velvet Lounge, to allow expansion into the basement level and allowing entertainment seven days a week between the hours of 7:00 a.m. to 2:00 a.m. at 416 West Fourth Street located in the Specific Development No. 84/Downtown (SD84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: May 13, 2011 PUBLICLY NOTICED: May 12, 2011 RECOMMENDATION: Adopt a resolution approving modifications to Conditional Use Permit No. 1996- 30 allowing expansion into the basement level and entertainment seven days a week between the hours of 7:00 a.m. to 2:00 a.m. as conditioned. Principal Planner Sergio Klotz presented the staff report and recommendation. Commission discussion ensued with recommendation for an amendment to only • allow 18 years of age after 10:00 p.m.; inquired about Police Condition No. 29. SAPD McCoy stated that is a new electronic incident log condition to get applicants to police themselves. Commission reviewed live performance description, the existing ABC license and crime incidents in the neighborhoods. SAPD McCoy reviewed the ranking crime districts and the security policy and provided clarification of performing dancers and the dance ordinance compliance. Commission inquired about the use of the second floor space and the policy and percentage for storage of alcohol. Principal Planner Klotz and SAPD McCoy provided information. Commission also expressed concerns with determining number of musicians and the restaurant noise for the senior living complex in proximity. No written communications were received. The public hearing was opened. Applicant Jason Kordas spoke in support of the project. Public members speaking in support of the project were business owners Victoria Betancourt and James Kendrick. There were no additional speakers. The public hearing was closed. • Reopened the public hearing to allow the applicant, Jason Kordas, to respond to the Commission's concerns regarding a limited menu after 10:00 p.m. Mr. Kordas explained that a limited menu would avoid additional costs of having chef(s) prepare full meals, but that food would still be available during the hours of operation for the establishment. Commissioner Acosta inquired about opening hour at 9:00 a.m. Mr. Kordas indicated that the 9:00 a.m. opening time corresponds with the hours of operation Planning Commission Minutes Page 3 of 7 May 23, 2011