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IV. ANALYSIS Conditional uses are those uses which, by their nature require special consideration so that they may be located properly with respect to the objectives of the Municipal Code and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to approve, conditionally approve, or deny applications for use permits or for modifications to an existing use permit that has been referred by the Director of Community Development. Staff is sensitive to the potential land use conflicts in the Downtown between existing residents and commercial uses which may have "spill- over" effects on those residents, such as traffic, parking, noise, or similar issues. In evaluating use permits which have potential impacts, staff has looked carefully at the specifics of proposed operations and has tried to achieve a balance between maintaining a reasonable quality of life for Downtown's residents and the objective of having a successful Downtown that accommodates a variety of businesses and activities which draw people to the area both during the day and at night. In this case, the applicants would like to add nighttime outdoor music and entertainment at their business to make it more competitive in these tough economic times. Staff believes that the applicants' request is reasonable, but does believe that the proposed 11:00 p.m. limit on Fridays and Saturdays would be too late for the proposed outdoor activities given the proximity of the residences and the Rose Hotel. Staff believes that a 10:00 p.m. limit would be more reasonable and minimize impacts on the nearby residents and guests at the Rose Hotel. In addition, since the elevated front deck would be directly visible from some of the St. John Street and Peters Avenue residences and they could be more impacted by late -night noise from this area, staff recommends that proposed outdoor music and entertainment on the front deck area cease at 9:00 p.m. daily. The proposed activities would be required to comply with the noise regulations of the City's Municipal Code that were designed to protect the peace, health, safety, and welfare of the citizens. Staff interprets that the Municipal Code does not allow a commercial property to exceed a noise level of 70 decibels (dBA) at the property line. However, if a business is located within 300 feet of a residential zone (which applies to the subject application) and would remain open for business after 10:00 p.m., then the business could not exceed a noise level greater than 60 dBA at the residential property line at any time after 10:00 p.m. As recommended by staff, the proposed outdoor activities would end by 10:00 p.m. so this regulation would not apply to the proposed outdoor activities if the application is approved as recommended. However, since the business would remain open past 10:00 p.m., the 60 dBA noise limit would apply to other activities at the site. Lastly, the "Daytime Exceptions" section in the Municipal Code permits noise levels of 70 dBA or less at a distance of 25 feet from the noise source to occur between the hours of 8:00 a.m. and 8:00 p.m. daily, except Sundays and holidays, when the exception applies between 10:00 a.m. to 6:00 p.m. Staff believes that compliance with these adopted regulations provide the level of noise protection to residents consistent with community values. Page 5