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Conditional Use Permit No. 2013 -40 November 12, 2013 Page 8 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. This Class 1 exemption allows the licensing of existing and new facilities with no expansion in the size of the use. Categorical Exemption Environmental Review No. 2013 -78 will be filed for this project. Conclusion Overconcentration criteria were established by the City Council to maintain a balance between the sale of alcoholic beverages and the health and safety of the surrounding community. Following staffs recommendation for denial at the October 28, 2013 Planning Commission hearing, new information was presented that subsequently led the Planning Commission to direct staff to create findings of fact and conditions of approval in support of the applicant's request. These finding pertained to the unique circumstances related to the project's location, attributes and operations. Therefore, based on the attached findings of fact, the project's compatibility with several policies of the General Plan, and the analysis provided within this report, the Planning Commission recommends adopting a resolution approving Conditional Use Permit No. 2013 -40 as conditioned. i Vince Fregoso, 0CP Principal Plann r,—_- VF:jm N\reports \CUP\CUP13 -40 7- Eleven Type 20 Approva).111213.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Zoning Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31 B -10