PC 05/28/97 - Laserfiche WebLink

c. UP-97-24. Terrv and Carolvn Yee Application for a conditional use permit to serve alcoholic beverages after 10:00 p.m. at the Vineyards restaurant located at 30 W. Neal Street. Zoning for the property is PUD (Planned Unit Development) - C-O (Commercial-Office) District. Mr. Iserson presented the staff report recommending approval of Case UP-97-24, subject to the conditions of the staff report. He advised that the applicant is proposing to open a restaurant and wine bar and has applied for a conditional use permit to serve alcoholic beverages after 10:00 p.m. He noted that food will be served during all hours of operation. Mr. Iserson informed the Commission that while the applicants' statement indicates that they would like to offer an area for cigar smoking outdoors, they have decided not to pursue the smoking area. He also noted that the applicants are considering having live music, with the type of music and when it will be played to be determined. A condition of approval is included requiring the applicants to submit a proposal to the Planning Director once the music format is finalized, and stating that this issue can be reopened once the proposal is received. He noted that the requested use is similar to other types of use in the area. Commissioner Wright asked if it is necessary to include Condition #8 prohibiting smoking in the restaurant and in the outdoor dining area, in that the restaurant would be subject to the provisions of the City's smoking ordinance. Mr. Iserson advised that the City's smoking ordinance allows smoking outdoors, under certain conditions, but that in this situation an outdoor smoking area would be difficult to achieve given the layout of the restaurant; therefore, he feels the condition should be included. In response to Commissioner Dove's inquiry as to whether a chef needs to be at the restaurant until closing time, Mr. Iserson advised that appetizers shall be offered all of the time and that meals will be offered most of the time. Commissioner Kumaran stated that he felt the first sentence of Condition #7 was confusing, and that the intent of the condition was not clear. Commissioner Cooper asked if the applicant was considering serving hard liquor. Commissioner Lutz referenced Condition #1 which states that operation shall be in accordance with the applicants' business plan statement which states that alcoholic beverages will be limited to beer and wine. Commissioner Cooper noted the applicants' desire to provide a cigar smoking area and asked staff if consideration was given to this. Mr. Iserson responded that initially it was felt that this could be possible, but after further review it was determined that it would be difficult to accomplish and still be in conformance with the ordinance. There was further discussion regarding the use of live music and the wording of the condition related to this matter. Mr. Iserson stated that due to the distance of residences from the proposed restaurant/wine bar and the orientation of the building, this should not be a problem. It was noted that the music in the park concerts are held until 10:00 p.m. PUBLIC HEARJNG WAS OPENED Page 4 May 28, 1997 Planning Commission Minutes