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Revocation-Modification to CUP - The Spot - 2015OF • C'q'ZIJ, . ITEM NO.5 0 o CITY OF CAMPBELL • PLANNING COMMISSION ?. Staff Report • November 10, 2015 •0RCHARO, City -Initiated Public Hearing to consider the City -initiated revocation/modification Revocation/ (PLN2015-261) of previously -approved Conditional Use Permits Modification of (PLN2004-03 and UP97-09) allowing a restaurant/pub with on -sale liquor PLN2004-03 license, late night (early morning) operations, live entertainment and Aaron Crites/ outdoor seating on property located at 201 Orchard City Drive in a C-3 Jarred Gallo (Central Business District) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: L Approve a Conditional Use Permit (PLN2015-261) that modifies and supersedes previously -approved Conditional Use Permits (UP97-09 and PLN2004-03) clarifying: a. The hours of operation for both the restaurant and live entertainment uses. b. The standards in which live entertainment can be conducted inside the restaurant and outside the restaurant. c. Combining the 1997 and 2004 Conditional Use Permit conditions into a new CUP to avoid future confusion which may lead to compliance issues. 2. Require the business owner to reimburse the City for the costs of these proceedings (approximately' $2,500 for inspections, meetings, staff report preparation, administrative costs, consistent with the cost to process a Modification application). d. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find this project Categorically Exempt under Section 15301, Class 1, of the California Environmental Quality Act (CEQA), pertaining to the operation and permitting of existing facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. BUSINESS LOCATION The business is located on the northwest corner of Orchard City Drive and S. Central Avenue. The dining and late night entertainment use is located in an existing one-story, 7,190 square foot area shared -use mezzanine building, occupied by two tenants. The business occupies a 4,611 square foot area tenant space (3,185 sq. ft. main level, 1,426 sq. ft. mezzanine) adjacent to another restaurant ("A Bellagio") located within the remainder of the building. The site is surrounded by commercial and restaurant uses to the north, east, and west, and an office complex to the south (The Water Tower Plaza) with an attached residential building (Park Town Place) to the southwest.