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The Planning Commission expressed concern regarding the applicant's lack of experience in operating a restaurant and how this could affect his ability to ensure that the use of the business after 12:00 a.m. would remain a primarily food-serving establishment. In order to address this concern, Commissioner Alderete asked the applicant if he would agree to relinquish the previously approved CUP 2012-18 that permitted service after 12:00 a.m. in exchange for approval of CUP 2012-19 that would permit the sales and service of alcohol pursuant to a Type 47 ABC license. He further stated that the applicant could choose to re-apply for the after-hours CUP after the restaurant had been operating for six months in order to review whether it was being run primarily as a restaurant. Planning Manager Karen Haluza stated that, should the applicant wish to re-apply, it would be treated as a continuance of the former application and would not be subject to new application processing fees. Mr. Marsh agreed to relinquish CUP 2012-18. MOTION: Adopt a resolution approving Conditional Use Permit No. 2012-19 as conditioned to approve Type 47 ABC license with the following modifications: that applicant relinquish prior Conditional Use Permit No. 2012-18 that allowed after- hours, only operate until 12 midnight and that the applicant may return for review and approval of an after-hours conditional use permit after operating the restaurant for six months. Chairman Alderete recessed the meeting at 7:51 p.m. in order to allow the applicant to prepare a written statement agreeing to relinquish Conditional Use Permit No. 2012-18. The Commission meeting resumed 8:12 p.m. and this statement was entered into the record. r Bruce Marsh submitted the letter to relinquish the after-hours entitlement previously granted by the Planning Commission on Conditional Use Permit No. 2012-18. MOTION: Acosta SECOND: Mill AYES: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Turner (1) 3. PUBLIC COMMENTS (on non-agenda items) None 4. STAFF COMMENTS Executive Director Trevino commented on status of the Sunshine Ordinance and spoke about the Discovery Science Center's expansion that will be presented to the Commission on October 22. Planning Manager Karen Haluza provided an update on the Circulation Element and Harbor Corridor Study Workshops scheduled for October 10-13, 2012. 5. PLANNING COMMISSION MEMBER COMMENTS Commissioner Mill commented on activity generated by evening functions, would like to see more police enforcement, recommended Police setup sobriety check points in the Downtown area. SAPD McCoy will provide information. Commissioner Yrarrazaval looking forward to policy regarding liquor licenses consensus, not in favor of moratorium, wants more clarity. Mr. Trevino provided the Commission with an update on activities and timelines for further action with the Planning Commission, the Public Safety Committee and the City Council. Planning Commission Minutes 4 October 8, 2012