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Amendment to CUP No. 2011-07 <br />October 10, 2012 <br />Page 5 <br />Since the approvals for the three conditional use permits for the restaurant were granted last year, <br />the Police Department has not received any significant calls for service to the establishment, mosl <br />likely due to the applicant currently not selling alcohol at the restaurant or operating after hours. <br />However, the Police Department is confident that the conditions imposed on the project will not <br />result in any adverse impacts to the community. Therefore, based on the above average crime <br />rate, the Police Department recommends approval of the CUP provided that the attached <br />conditions are imposed to ensure that this location continues to operate as a bona fide eating <br />establishment and does not aggravate existing conditions or negatively impact adjacent land uses. <br />Public Notification <br />The project site is located within the boundaries of the Downtown and Lacy Neighborhood <br />Associations. The presidents of these Neighborhood Associations were notified by mail 10 days <br />prior to this public hearing. In addition, City staff contacted the presidents to ensure that they were <br />notified of the project and to see if there were any areas of concern. No areas of concern were <br />identified by the Neighborhood Association presidents, nor was there a request that the applicant <br />present the project to a meeting of their members. <br />The project site itself was posted with a notice advertising this public hearing, a notice was <br />published in the Orange County Reporter and mailed notices were sent to all property owners <br />within 500 feet of the project site. At the time of this printing, no correspondence, either written or <br />electronic, had been received from any members of the public. <br />CEQA Compliance <br />In accordance with the California Environmental Quality Act the recommended action is exempt from <br />further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities <br />with no expansion of the existing use. Since the alcohol sales for the restaurant will be within the <br />same building footprint, no expansion of the use is proposed. Categorical Exemption Environmental <br />Review No. 2010-141 will be filed for this project. <br />Conclusion <br />Based on the analysis provided within this report, staff recommends that the Zoning Administrator <br />approve the amendment to Conditional Use Permit No. 2011-07 as conditioned. <br />-- ___ <br />Vincent Frego o, AI <br />Principal Plana <br />VF:jm <br />vflreporEslCUP1CUP11~07 Karmina.l©1012.za <br />