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with or less intensive than the operations that were previously approved by the Association. ENVIRONMENTAL ASSESSMENT This project is categorically exempt from environmental review pursuant to California Environmental Quality Act Guidelines, Section 15301, Existing Facilities, Class 1 which allows the operation of a uses, permitted or conditionally permitted, within an existing building. Therefore, no environmental document accompanies this report. CONCLUSION The applicant filed an appeal to contest the Planning Commission's decision to limit the number of patrons to 300. For the reasons stated above, staff continues to support a condition that limits the patrons to a number considerably lower than what was approved originally, i.e., below the 814 occupancy for patrons and employees combined. Submitted by: Approved by: t-ALX Brian Dolan Nelson Fialho Director of Community Development City Manager Attachments: 1. Draft City Council Resolution with Exhibit A, Recommended Conditions of Approval 2. Appeal Statement from Mr. Mull, dated "February 23, 2012" 3. Excerpt of the Planning Commission meeting minutes, dated February 8, 2012 4. Police Activity Overview for Club NEO prepared by Police Lt. Knox for October 1, 2011 through March 17, 2012 5. February 8, 2012, Planning Commission Staff Report with the following: Exhibit A: Draft Modified Conditions of Approval Exhibit B: Excerpts of the minutes of the August 25, 2010, Planning Commission Meeting for PCUP-273 Exhibit C: Excerpts of the minutes of the October 10, 1990, Planning Commission Meeting for UP-90-43 Exhibit D: Planning Commission Resolution No. PC-2010-18 approving PCUP-273 Exhibit E: Planning Commission Resolution No. PC-90-93 approving UP-90- 43 Exhibit F: Planning Commission staff report for PCUP-273 Page 6 of 7