SR 05:023 - Laserfiche WebLink

weather is favorable for this activity. For your information, staff has attached a list of the hours of operation for some of the other Downtown restaurants and bars. Noise The appellants are concerned with potential noise impacts from a second floor balcony and from patrons parking in front of their home late at night. As noted earlier, the applicant is not proposing to use a second floor balcony and the elevated rear patio would be required to close at 9:45 p.m. daily. Staff acknowledges that there is the potential that the residents on St. Mary and Division Streets and west of Peters Avenue could be disturbed by late-night patrons parking in the public on-street parking spaces in front of their residences, particularly if the patrons were disorderly or loud. Therefore, a condition of approval requires that the applicant install small signs near the exit doors requesting that customers not loiter outside and to be courteous and quiet when leaving the business and parking areas. A condition also requires the applicant to encourage her patrons via flyers or small signs in the interior of the establishment to not utilize the on-street parking spaces in the residential area west of Peters Avenue after 10:00 p.m. Staff believes that there would be adequate public parking east of Peters Avenue to accommodate the demand generated by this use, particularly for its late-night patrons when parking demand Downtown is reduced. Staff has included a "standard" use permit condition of approval on the project that allows the City to review the project again to add mitigating conditions should any future complaints regarding noise levels occur. Such conditions could include the hiring of security guards to patrol the parking areas, modifying the hours of operation, prohibiting amplified bands or DJ music, eliminating thee use of the outdoor patio area(s) for alcoholic beverage consumption, etc. A condition also requires that the subject use permit be reviewed by the Planning Director in six months to determine if the business is operating in a non-nuisance manner. Parking The appellants believe that the proposed use would result in patrons parking in the on-street public parking spaces in front of the St. Mary Street residences. The appellants have requested that the applicant be required to construct a parking structure to handle the additional parking demand. For property zoned C-C and located within the Downtown Revitalization District, the Municipal Code does not require any additional parking for a change in use if the building in which the use is located is greater than five years old, even if the new use generates a higher parking demand. However, the Planning Commission and City Council may require additional parking spaces for a use if deemed necessary through the review of a conditional use permit. SR:05:023 Page 5