14 ATTACHMENTS - Laserfiche WebLink

ATTACHMENT 3 DRAFT PCUP -249, Joseph and Maricela Barone Application to modify the approved Conditional Use Permit (UP- 88 -25) for the operation of Barone's Restaurant located at 475 St. John Street to allow outdoor music and entertainment. Zoning for the property is CC (Central Commercial) District and Downtown Revitalization District. Steve Otto presented the staff report and discussed the background, layout, and key elements of the project. Commissioner Blank inquired if the hours of operation are the same as those of Redcoats and if staff reviewed the other conditions for Redcoats. Mr. Otto replied that the proposed hours of operation are the same as Redcoats and that staff looked at some of its standard conditions, including the monitoring of surrounding area to ensure orderly activities. Commissioner Blank referred to Condition No. 7 which states that food service is required to be made available to patrons during the operating hours of the business. He noted that in the past, the Commission has always required that food service be made available during hours alcohol is being served. Mr. Otto clarified that the applicants will serve food during alcohol service. Commissioner Blank inquired if Barone's has a full bar. Mr. Otto replied that the applicants have a full alcoholic beverage license. Commissioner Narum inquired if the applicants' request is to be able to serve alcohol from 6:00 a.m. to closing and what the previous citation issued was related to. Mr. Otto confirmed that alcohol service from 6:00 a.m. to 2:00 a.m. is proposed, with slightly different hours proposed by staff. He further stated that the incident report states that the citation was given for music that was too loud; however, it was later determined that it was for music playing too late rather that too loud. He added that staff contacted the police officer and made him aware of the error, explaining that Barone's was not in violation of the noise ordinance because the measurement was about 63 decibels approximately 25 feet from the residential property line, and a level of up to 70 decibels is allowed before 10:00 p.m. at the property plan of the Barone's Restaurant site. Commissioner Narum recalled that when Baci wanted to serve alcohol beyond 10:00 p.m., the City conditioned it to require its wait staff to undergo TIPS (Training for Intervention Procedures). Mr. Otto stated that this condition has been added to some applications, but the condition was not included in the current application. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 8/12/2009 Page 1 of 17