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Commissioner Blank noted that since the item is a Conditional Use Permit and if the applicant does not comply with the Code, the permit can be revoked as opposed to going through the Code enforcement process. Commissioner Olson stated that he did not want the City to require a sound study prior to the applicant receiving a business license. Ms. Seto stated that the applicant would simply need to show the City, to the extent that they can pull building permits, that the building, when constructed, had insulation between floors. She noted that the City is not indicating they would need to have an acoustical engineer conduct a study. She added that the condition addressed the part of the proposal to have music, and while it is acoustic music and it is a multi-tenant building, there would be concern over whether or not other tenants would be impacted. Commissioner Narum referred to a music studio approved in the Quarry Lane Business Park with exactly the same issue regarding the need to soundproof. She recalled that the Commission rewrote the condition such that if sound was an issue with the adjoining tenants, then they would have to conduct an acoustical study. Commissioner O’Connor stated that as commercial property owner, he would take the opposite approach as he would want to ensure that one tenant does not drive others away. He indicated that he would have the clause in the lease and would not expect the City to impose it in the building. Commissioner Blank supported keeping only the first sentence and deleting the remainder of the sentence. The other Commissioners concurred. Ms. Seto suggested deleting the entire condition because the applicant would have to comply with the Municipal Code. The Commissioners agreed that Condition No. 11 should be deleted. They also agreed to delete Condition No. 9. Commissioner Blank moved make the required conditional use findings as described in the staff report and to approve Case PCUP-238, subject to the conditions listed in Exhibit A of the staff report with the following amendments: (1) Delete Conditions Nos. 9 and 11; (2) Add the word “” in not the first sentence of Condition No. 16; (3) Modify Condition No. 2 to extend the days and hours of operation; (4) Add a new condition that food be made available when wine is served. Commissioner Olson seconded the motion. PLANNING COMMISSION MINUTES, April 15, 2009 Page 21 of 24