PC 2002-72 - Laserfiche WebLink

Resolution No. PC-2002-72 Page 2 commercial/ office district and Downtown area of the City. The location of this restaurant is in accordance with the objectives of the commercial districts of the Municipal Code to provide azeas for the concentration of commercial establishments for the convenience of the public. The C-C district also encourages more intensive development in the Downtown area. The restaurant is located in an area easily accessible to the public with other retail stores, restaurants, and bars. Noise issues have been addressed in the modified conditions of approval, which state that live amplified musical performances would not be permitted until acoustic mitigations identified by an acoustic engineer are in place to reduce noise impacts to neighbors living on the east side of First Street. Also, the restaurant would be operated and located in a manner and at a sufficient distance from residentially-zoned properties so that traffic, parking, and other land use conflicts would not spill over to those properties. 2. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. The location of this use, a primarily commercial/office area within the Downtown area, is appropriate. The proposed hours of operation are similaz to other restaurant establishments in the area and would complement retail hours of operation. Noise from live bands has been identified as an impact to the existing residential neighbors on the east side of First Street, which has led to the proposed use permit modification and new conditions of approval. As conditioned for noise mitigations, the proposed use will not adversely impact surrounding uses or residents across First Street. Also, there will be sufficient parking to meet the projected restaurant demand and for other tenants in the building. Standazd conditions of approval that are appropriate for uses of this type to ensure that the restaurant is operated and maintained in a safe, clean, and appropriate manner have also been included. 3. The proposed conditional use will comply with each of the applicable provisions of this chapter of the Municipal Code. The City's Municipal Code permits the establishment of restaurants and bars (with a conditional use permit) in selected commercial areas. Because the restaurant is proposing to serve alcohol after 10:00 p.m., the Municipal Code classifies it as a baz. The restaurant would be operated in accordance with all of the provisions of the Municipal Code as they relate to restaurants and bars, and will be operated according to Conditions of approval recommended by staff for such uses. Conditions of approval have been added which specifically relate to live amplified musical performances such that they cannot occur until the appropriate mitigations are provided to reduce noise to an acceptable level.