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DRAFT element in a commercial building left-over. He noted that it is discussed on page 15 of the staff report, and it appears that staff is accordingly recommending a revised list of uses as it currently prohibits residential use. He stated that he typically tries to link back the condition with the staff report, and asked if this is just that it is excluded from the list of uses and not that it is a prohibited use per se. Mr. Luchini replied that is correct. Commissioner Balch inquired if staff has an opinion about the applicant's request on the residential element on the front commercial. Mr. Luchini replied that staff spoke to the applicant about that in the last couple of weeks, but staff feels that this is a mixed-use project which requires a whole lot of legislative actions. He indicated that staff is of the opinion that it is a mixed-use project and would like it to remain a mixed-use project that is more consistent with what the Downtown Specific Plan is looking for in that area; hence, staff is less inclined to be supportive of residential on that corner spot. Commissioner O'Connor referred to the noise issue that was brought up by a couple of speakers. He noted that the City has a noise ordinance that addresses noise on Peters Avenue, which is at a lower standard than the rest of the Downtown because it overflows to the residential area, such that if there were any outside music of any kind on Peters Avenue, it would be way toned down or not amplified. Commissioner Balch noted that this is obviously not a request for a use per se; the allowed use is in here, but if someone wanted to come in and have amplified music, the applicant would have to come in for some type of permit or business license. Mr. Luchini replied that was correct and would be a fair statement. He explained that most of the uses that are anticipated to want live entertainment are most likely conditionally permitted uses, so these would go through the permit process at that time and be subject to requirements. Commissioner O'Connor inquired if the uses that are listed have actually modified what is the standard uses in the district. Mr. Luchini said yes. Commissioner O'Connor inquired why staff did it this way; if there were uses staff could not have favored, why they were not prohibited in the entire district; and why they would be singled out. Mr. Luchini explained that staff is trying to respect sensitivity of some of the surrounding uses, particularly the residential uses to the west. He added that staff felt there were some uses that were potentially allowed in the C-C District but would not necessarily be appropriate considering those adjacent uses, because of noise or odor or something along those lines. DRAFT EXCERPT: PLANNING COMMISSION MINUTES, 11/182015 Page 9 of 22