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Correction Regarding the Number of Citations Issued <br /> Prior to the Planning Commission hearing, staff had been informed that the Police <br /> Department had issued one citation to Barone's on July 23, 2009, and staff had <br /> indicated that information in the Planning Commission staff report and at the Planning <br /> Commission hearing. Staff has since discovered that Barone's had been issued a total <br /> of three citations on July 23, 24, and 30, 2009. In each case, the complaint was about <br /> noise from live music after 9:00 p.m. In two of three cases, the responding officer <br /> verified that music was in fact being played after 9:00 p.m. The applicants have filed an <br /> appeal of the citations. <br /> The attached Planning Commission staff report provides additional discussion of the <br /> proposed application, including City noise regulations. <br /> OPTIONS FOR CONSIDERATION <br /> The following are options that the Council may wish to consider and /or discuss: <br /> Option No. 1: <br /> Determine that the Planning Commission action, including conditions, is appropriate. <br /> The applicants do not oppose the Planning Commission action and conditions. <br /> Option No. 2: <br /> Determine that additional and /or revised conditions are required beyond the Planning <br /> Commission's conditions to address the concerns of residential neighbors. Here are a <br /> few possible options: <br /> Further restrict the hours or days when music is allowed. <br /> Further restrict the hours or days when amplified music is allowed. <br /> Further restrict the hours of operation for the restaurant/bar. <br /> Require the applicants to consult with an acoustic engineer and install noise <br /> mitigation measures to reduce noise impacts to the residential neighbors to the west. <br /> Require the conditional use permit be reviewed by the Director of Community <br /> Development six months after its issuance to determine if the business is operating <br /> in a non nuisance manner. If necessary, the conditional use permit may be brought <br /> back to the Planning Commission for additional conditions to mitigate and /or prevent <br /> any nuisances that were identified. <br /> PUBLIC NOTICE <br /> Notices regarding the appeal and related public hearing were mailed to property owners <br /> and tenants within 1,000 feet of the subject property. Prior to the Planning Commission <br /> hearing, staff received several emails or phone calls from residents and /or business <br /> owners supporting or opposing the application (Attachments 4 and 5 and Exhibit D of <br /> Attachment 6). At the time this report was written, staff has received two additional <br /> emails (Attachment 2). <br /> Page 5 of 7 <br />