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Ayes: Councilmembers Cook Kallio, McGovern, Thorne, Mayor Hosterman Noes: Councilmember Sullivan Absent: None 14. Public Hearing: PAP -136 (PCUP -249) Consider an appeal of the Planning Commission's approval to modify the existing Conditional Use Permit (CUP- 88 -25) for the operation of Barone's Restaurant located at 475 St. John Street to allow outdoor music and entertainment Associate Planner Steve Otto presented the staff report, stating that Councilmember Sullivan appealed the Planning Commission decision to modify an existing Conditional Use Permit (CUP) for Barone's Restaurant. Mr. Otto reviewed the history and location of Barone's Restaurant, noting that the owner /operators own one adjacent parcel on which they live and remaining neighbors include the St. John's Court Townhomes, Kimberly Commons homes, and several office buildings. The site previously housed The Casanova, a restaurant which obtained a use permit in 1988 that the Barone's are now operating under. The applicants' proposal is to provide outdoor music and entertainment on the restaurant's front deck and rear stage area and a modification to the hours of operation. The Planning Commission approved operating hours from 6 a.m. to midnight Monday through Thursday, 6 a.m. to 1 a.m. on Fridays and Saturdays, and 6 a.m. to 11 p.m. on Sundays. The Commission stipulated that 6 a.m. openings be limited to 6 days per week of the applicants' choosing and also allowed several Sunday closings of 1 a.m. for certain holidays. With respect to outdoor music and entertainment Planning Commission approved hours for the front deck until 9 p.m. and the rear patio area until 10 p.m., also limited to 6 days per week of the applicants' choosing. The Planning Commission also attached Conditions of Approval stipulating: when trash can be dumped in enclosures; that the kitchen must remain open with some food service available during the hours of operation; that employees serving alcohol undergo a training program to prevent drunk driving; that the applicants maintain the area in a clean and orderly manner; that the applicants consult with a noise engineer to determine if mitigations can be implemented to reduce noise to residential neighbors; and that the applicants monitor noise between 9 and 10 p.m. with a device that records noise levels and notifies the applicant should it exceed 70 decibels. Mr. Otto stated that, under the City's Noise Ordinance, applicable regulations for a commercial property limit noise to 70 decibels at the commercial vertical property plane. If a business is located within 300 feet of a residential zone and remains open for business between 10 p.m. and 6 a.m., noise is limited to 60 decibels at the commercial and residential property line. Mr. Otto noted that since the Planning Commission hearing, the applicants have consulted with noise specialists. The applicants have indicated that noise recording and monitoring would be prohibitively costly to implement and has requested that the Council modify Condition 4 to approve a 10 foot by 48 foot sound wall along the rear portion of the stage. The applicants have also asked that the Director of Community Development be allowed to determine when noise levels require monitoring. Staff believes the proposed modification to be supportable and recommends that the applicants be required to monitor noise during evening events. City Council Minutes Page 6 of 15 September 1, 2009