RES 03005 - Laserfiche WebLink

EXHIBIT "B" Conditions of Approval PCUP-36, Modification - Toby's Restaurant City Council January 7, 2003 Operation of the use shall be substantially as shown on Exhibit A, comprised of the site plan and floor plan, dated "Received September 6, 2001', written narrative, dated "Received May 31, 2001", and written narrative, dated Received "September 6, 2001'site and floor plans, the applicant's narrative, dated "Received September 6, 2001", on file with the Planning Department, except as modified by the following conditions. Minor changes to the plans may be allowed subject to the approval of the Planning Director if found to be in substantial conformance to the approved exhibits. Live music shall be limited to non-amplified "light music" consisting of small groups without drums and shall cease at 10:00 p.m. Fridays and Saturdays. Live amplified bands or similar musical entertainment may be allowed subject to the applicants meeting the following requirements: a. The applicants shall inform the Planning Director of their proposal for amplified live music and shall retain a qualified acoustic engineer from a list provided by the Planning Department or otherwise approved by the Planning Director. b. The Planning Department shall notify the residents and property owners on the east side of First Street of the applicants' request. c. The acoustical engineer shall evaluate the building, the type of music proposed, and the noise and vibration impacts to surrounding properties, specifically the residences east of First Street. d. The acoustical engineer shall make specific written recommendations involving either the use of modular acoustical panels, sound absorbers, bass traps, and similar measures, or alteration of the building. These recommendations must demonstrate that as a result of these measures, the noise and vibrations from the music will be significantly reduced to the residents living on the east side of First Street and will not cause a significant disturbance after 10:00 p.m. The consulting acoustical engineer's report shall be subject to the review and approval of the Planning Director. e. The applicants shall follow the recommendations of the acoustical engineer to the satisfaction of the Planning Director and shall obtain any permits necessary. f. The applicant shall install a functional self-closing door mechanism on the door leading from the restaurant to the patio. g. After acceptance by the City, live amplified music may be performed on Friday and Saturday nights until 12:00 p.m. In the event that the applicants propose to modify the hours of operation or other aspects of the business operation, or modify the exterior building or site, the modification shall be subject to the review of the Planning Director. The Planning Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial. SR: 03:004 Page 10 of 12