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1 <br />3. Recommend Denial of the Amendment to the Existing Conditional Use Permit. In the event 2 <br />the Planning Commission chooses denial of the requested Amendment to the existing 3 <br />Conditional Use Permit, it should clearly state its reasons for the denial recommendation and 4 <br />direct staff to prepare a resolution. 5 <br /> 6 <br />Commissioner Papatola asked if the same footprint would be used for the new business as was 7 <br />for the existing Buster’s business. City Planner Rothstein stated it will be the same. 8 <br /> 9 <br />Commissioner Foster asked what the other uses are on the site and their hours of operation. He is 10 <br />concerned whether there will be adequate parking. Ms. Rothstein stated the parking variance was 11 <br />approved and is still in place. All the uses are the same and include another restaurant and a 12 <br />daycare center. 13 <br /> 14 <br />Commissioner Gondorchin asked if the notice to the neighbors was the same as for Buster’s. Ms. 15 <br />Rothstein stated the geographic notification area was the same, however an updated owner list 16 <br />was used. Commiss ioner Gondorchin asked if the CUP was tied to the owner rather than the 17 <br />property and Ms. Rothstein stated it is tied to the owner. Commissioner Gondorchin questioned 18 <br />if Friday and Saturday nights were considered the weekend in the hours listing and Ms. Rothstein 19 <br />stated they are considered the weekend. Ms. Rothstein stated the liquor license is tied to the 20 <br />applicant rather that the property and the hours are tied to the CUP. One of the requests is to 21 <br />adjust the CUP with the modified hours requested. Commissioner Gondorchin asked what the 22 <br />timeline was for the landscaping. Ms. Rothstein stated the landscaping does not have a deadline 23 <br />because staff felt an escrow would be a more effective way of ensuring the landscaping gets 24 <br />done. Ms. Rothstein suggested if the Commission wants to put a date on the landscaping that an 25 <br />installation deadline be added. 26 <br /> 27 <br />Mr. Lorenzo Tejeda, Mr. Paul Marshall and Mr. David Maceda appeared before the 28 <br />Commission. Mr. Lorenzo Tejeda no ted they have another location C atrinas in Oakdale. That 29 <br />location was opened a year ago and is doing very well. They specialize in fresh Mexican food. 30 <br />The three of them ha ve many years of experience in the restaurant business. At their other 31 <br />location, beer sales are not high but some people like to have a beer or wine with Mexican food. 32 <br />They will be a good neighbor for the community. They fully understand and are willing to 33 <br />comply with the CUP. Mr. Paul Marshall confirmed they only sell beer, not wine, and it 34 <br />amounts to 10% of their total sales. They have never had any problems with serving beer. They 35 <br />have 10 employees and it is a small business. 36 <br /> 37 <br />Commissioner Bartel asked why there is a difference between the hours at the Oakdale location 38 <br />and the proposed hours for the St. Anthony location. Mr. Lorenzo Tejeda stated they are now 39 <br />able to accommodate more hours since they have the process in place. 40 <br /> 41 <br />Commissioner Gondorchin a sked what time on Sundays would the restaura nt open and Mr. 42 <br />Lorenzo Tejeda stated it would open at 11:00 a.m. and close at 10:00 p.m. 43 <br /> 44 <br />4 4