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properties and the City in general. As with any use permit, this use can be suspended or revoked if the conditions are not met. As conditioned, the proposed modification to the existing use permit would comply with all applicable provisions of the Zoning Ordinance. Therefore, staff believes this finding can be made. VII. ENVIRONMENTAL ASSESSMENT Projects of this nature are categorically exempt (Section 15301, Existing Facilities, Class 1) from the requirements of the California Environmental Quality Act (CEQA). Therefore, no environmental document accompanies this report. VIII. CONCLUSION The application raises the question of the appropriate interface between businesses and residences in the Downtown, and staff and the PDA believe that the applicants' proposed outdoor music and entertainment request will be a benefit to the Downtown and that businesses on or near Main Street should be allowed to conduct late -night activities as long as they operate in a manner which respects the nearby residents. While the nearby residents are entitled to reasonable enjoyment of their property, their location near the Downtown commercial district means they are exposed to a greater degree of spillover impacts such as traffic, parking, noise, etc. than a typical residential neighborhood. The City tries to minimize these impacts, but at times some impacts at the residential /commercial interface are difficult to avoid, and it may not be realistic for residents in or near the Downtown to expect the same level of peace and quiet as those who live further from Downtown. With the current application, staff believes that the applicants' proposal as conditioned will be a benefit to the Downtown and that measures are in place to protect the surrounding uses from unreasonable impacts. IX. STAFF RECOMMENDATION Staff recommends that the Commission approve Case PCUP -249 by taking the following actions: 1) Make the conditional use findings as listed in the staff report; and 2) Approve Case PCUP -249 subject to the conditions listed in Exhibit A. Alternative Action: Should the Commission believe that additional measures are required beyond the enforcement of the Municipal Code and staff's recommended conditions to address the concerns of residential neighbors, staff recommends that the Commission consider further restricting the hours when music is allowed or restricting the hours of amplified. music. Page 8