SR 05:023 - Laserfiche WebLink

uses provided noise is properly controlled to prevent impacts on surrounding properties (please see the "Noise" section below for further discussion). Regarding outdoor dining hours, staff notes that the City's Sidewalk Dining Ordinance limits outdoor dining on public property to the hours of 7:00 a.m. to 10:00 p.m. However, the applicant's outdoor dining areas would be on private property and would not be subject to the hours of the ordinance, but are subject to review as part of the use permit. Staff notes that the ordinance's 10:00 p.m. limit was primarily designed to limit late night noise impacts on surrounding residential properties. Since the elevated rear patio would be partially visible from some of the Peters Avenue residences and they could be disturbed by late-night noise, staff recommends that the rear patio area close at 9:45 p.m., which is when live/DJ music would begin on Fridays and Saturdays. Since the outdoor dining area on the east side of the building would be separated from the adjacent residences to the west by the two-story building, staff feels that the side dining area could operate until closing of the restaurant without advi~rsely impacting the adjacent residential neighbors. In addition, late night use of the outdoor dining area would most likely be limited to summer months, when the weather is favorable for this activity. In conjunction with the building remodel, a trash enclosure for this site will be installed in the City parking lot near the southeast comer of the property. In order to reduce potential negative impacts on the adjacent neighbors, staff feels that time limits should be established for,garbage dumping by this business. Staff recommends that garbage dumping not be allowed prior to 8:00 a.m. or after 10:00 p.m. A condition has been included to address this item. As conditioned, staff believes that the proposed hours of operation are acceptable. Any changes to the hours of operation would require review and approval by the Planning Director and/or Planning Commission. Furthermore, should the applicant's hours of operation create adverse impacts on the adjacent residences or businesses, a recommended condition of approval would allow the City to reduce the hours of operation. Noise The applicant would like to provide live bands and DJ music for patrons to listen and/or dance to on Friday and Saturday nights. The applicant has stated that live bands/DJ music is essential to make the business profitable at this location. Alternative/modem rock music would normally be featured. Musical equipment and speakers would be located in the rear left corner of the lower first floor (south of the fireplace) and would be oriented to direct music towards the front of the building. No speakers would be located outside of the establishment, and the applicant has indicated that the exterior doors would remain closed during the live/DJ music and dancing activities. The applicant has stated that she would monitor the noise levels to ensure that it is not too loud. Page-