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BACKGROUND On July 28, 2009, Joseph Barone submitted an application to the Planning Division requesting to allow outdoor music and entertainment and to extend the hours of restaurant operations. The application was reviewed and approved by the Planning Commission at a public hearing held on August 12, 2009. This action was subsequently appealed by Councilmember Sullivan and the appeal is currently before the City Council for review. For additional background information, please refer to the August 12, 2009, Planning Commission staff report (Attachment 7). Subsequent to the preparation of the staff report for the Planning Commission consideration of the subject use permit, neighbors expressed additional concerns about the presence of portable toilets and a storage container on the Barone's site. The portable toilets are on site temporarily through October and do not violate any City or State Codes. At the request of staff, the Barone's have submitted an application for design review approval of the storage container at a location less objectionable to the neighbors. That issue is not a part of this appeal. SITE DESCRIPTION The project site is an approximately 1.1 -acre parcel at the north end of the Downtown. The subject property is located in an area of mixed land uses, which is typical of the subject property's C -C Zoning District. The site is bordered on the west by a property containing the Barone's residence and the parking lot for Barone's Restaurant. Further west are the St. John Court townhomes. Residences are also located to the southwest of the subject property, on the opposite side of St. John Street. Office buildings and US Bank are located to the south, on the opposite side of St. John Street. The Pleasanton Hotel and Rose Hotel are located to the east of the subject property. The Arroyo Del Valle borders the site to the north. The aerial photograph on the following page shows the project site (outlined in red) and the adjoining land uses. Page 2 of 7