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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MARCH 21, 2017 <br />TITLE: <br />MODIFY CONDITIONAL USE PERMIT NO. <br />2005 -29 TO ALLOW THE SALE OF BEER, <br />WINE, AND DISTILLED SPIRITS FOR ON- <br />PREMISE CONSUMPTION AT EL CALAMAR <br />RESTAURANT LOCATED AT 315 WEST <br />SEVENTEENTH STREET - JOSEPH <br />RODRIGUEZ, APPLICANT <br />(STRATEGIC PLAN NOS. 3,2) <br />CITY MA AGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />0 As Recommended <br />0 <br />As Amended <br />❑ <br />Ordinance on 18' Reading <br />Ordinance on 06 Reading <br />0 <br />Implementing Resolution <br />0 <br />Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Receive and file the staff report approving modification to Conditional Use Permit No. 2005 -29 as <br />conditioned. <br />PLANNING COMMISSION ACTION <br />At its regular meeting on February 27, 2017, by a vote of 7:0, the Planning Commission adopted <br />a resolution approving modification to Conditional Use Permit (CUP) No. 2005 -29 as conditioned <br />which approved an upgrade for the sale of beer, wine and distilled spirits for on- premise <br />consumption at El Calamar restaurant at 315 West Seventeenth Street located in the Community <br />Commercial (C -1) zoning district. The Planning Commission made no changes to the <br />recommended conditions of approval outlined in the attached staff report (Exhibit A). <br />DISCUSSION <br />On March 15, 2005, the Planning Commission adopted a resolution approving CUP No. 2005 -29 <br />for the operation of a Type 41 alcoholic beverage control license allowing the sale and on- <br />premise consumption of beer and wine for Moncho's El Pescador restaurant. In 2008, El <br />Calamar restaurant took over the restaurant establishment and has been operating under and in <br />compliance with CUP No. 2005 -29. The applicant recently received authorization from the <br />Department of Alcoholic Beverage Control (ABC) to upgrade from a Type 41 to a Type 47 alcohol <br />license for the sale of distilled spirits in addition to beer and wine. Because of this, on January 5, <br />2017, the applicant submitted a conditional use permit modification application to the Planning <br />Division. The modification to CUP No. 2005 -29 is required because the ABC license is being <br />upgraded; however, the restaurant will continue to comply with the same operations standards for <br />all eating establishments that offer on- premise consumption of any alcoholic beverage. Full - <br />sized site plans are available for public viewing in the Clerk of the Council Office. <br />31A-1 <br />