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File #: 22-0385    Version: 1
Type: Consent - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 10/18/2022 Final action:
Title: Public Hearing De Novo to Consider a Proposed Use Permit Amendment to Allow an Expansion of an Existing 4,180 Square-Foot "Eating and Drinking Establishments" Use (Arthur J restaurant) with Full Alcohol Service, Into an Adjacent Vacant 1,141 Square-Foot Tenant Space (Formerly a Dry Cleaner) Within an Existing Commercial Building at 901 and 903 Manhattan Avenue in the Downtown Commercial (CD) Zoning District (Simms Restaurants Group/Arthur J) (Community Development Director Tai). (Estimated Time: 1 Hr. 30 Mins.) A) CONDUCT PUBLIC HEARING DE NOVO B) DIRECT STAFF TO DRAFT A RESOLUTION MAKING AN ENVIRONMENTAL DETERMINATION OF CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CONDITIONALLY APPROVING THE USE PERMIT AMENDMENT FOR CONSIDERATION AT A SUBSEQUENT COUNCIL MEETING
Attachments: 1. Vicinity Map, 2. Planning Commission Resolution No. 22-08, 3. Planning Commission Minutes (August 10, 2022), 4. Planning Commission Report and Attachments (August 10, 2022) (Web-Link Provided), 5. Use Permit Application (Plans), 6. Appellant Materials (Don McPherson), 7. Recommended Conditions of Approval, 8. Notice of Exemption for Coastal Development Permit, 9. PowerPoint Presentation
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Carrie Tai, AICP, Community Development Director
Talyn Mirzakhanian, Planning Manager
Austin Chavira, Assistant Planner

SUBJECT:Title
Public Hearing De Novo to Consider a Proposed Use Permit Amendment to Allow an Expansion of an Existing 4,180 Square-Foot "Eating and Drinking Establishments" Use (Arthur J restaurant) with Full Alcohol Service, Into an Adjacent Vacant 1,141 Square-Foot Tenant Space (Formerly a Dry Cleaner) Within an Existing Commercial Building at 901 and 903 Manhattan Avenue in the Downtown Commercial (CD) Zoning District (Simms Restaurants Group/Arthur J) (Community Development Director Tai).
(Estimated Time: 1 Hr. 30 Mins.)
A) CONDUCT PUBLIC HEARING DE NOVO
B) DIRECT STAFF TO DRAFT A RESOLUTION MAKING AN ENVIRONMENTAL DETERMINATION OF CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CONDITIONALLY APPROVING THE USE PERMIT AMENDMENT FOR CONSIDERATION AT A SUBSEQUENT COUNCIL MEETING
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Recommended Action
RECOMMENDATION:
Staff recommends that after conducting a public hearing de novo, the City Council direct staff to draft a resolution making an environmental determination of exemption under CEQA and approving the Use Permit Amendment subject to conditions.

FISCAL IMPLICATIONS:
Costs associated with the processing of the Use Permit Amendment are paid by the applicant; and costs associated with the appeal of the Planning Commission's decision are paid by the appellant. Therefore, there are no fiscal impacts to the City associated with this request.

BACKGROUND:
On July 1, 2021, the Community Development Department received an application requesting an amendment to an existing Use Permit to allow for the expansion of an "Eating and Drinking Establishments" use with on-site consumption of beer, wine, and spirits (full alcohol service) located at 903...

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