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reasonable to request that acoustic-only music /voice accompaniment, e.g. acoustic guitar or piano, would be appropriate. Staff also believes that at such functions, it would be appropriate to include a string quartet. As proposed, outdoor functions would only take place from 10:00 a.m. to 5:00 p.m. As conditioned, all events taking place at the restaurant must conclude operation by 11:00 p.m. The outdoor dining area would be required to conclude prior to 9:00 p.m. The proposed hours, acoustic restrictions, and the distance from the facility to the residential sites would mitigate any of the perceived negative impacts Ruby Hill residents. Acoustical and amplified music instruments, or a DJ are proposed for indoor events. Staff believes that any noise concerns would be mitigated through requiring windows and doors remain closed, but not locked, during business hours. Terrace dining is strictly seasonal. There would be no heating lamps or light provided specifically for outdoor dining. Easements Mr. Peter MacDonald, attorney for the applicant, sent the City a letter on April 2, 2007, asserting that the Nagys have both a roadway and sewer easement for the benefit of 2001 Ruby Hills Boulevard. Sewer Easement: Mr. MacDonald's letter states that when the sales office was constructed, because of gravity, sewer at the sales office was and still is connected to public sewer via a private sewer line and pump station located under Ruby Hill Drive. At that time, the owner, Signature, obtained a permit from the City for the sales office for 332 gallons per day of sewer capacity. Mr. MacDonald further asserts that the private sewer line and pump station were included in the improvement plan for Ruby Hill development (Tract 6452). As such, the subject site has the rights to continue to use the private sewer line and the pump station. The rights of which, however, would be limited to the established sewer capacity of 332 gallons, which would not be sufficient for the restaurant use; but is adequate for the future residence. The applicant proposes a separate sewer line for the restaurant use. This sewer line would be connected to the City's sewer main at Vineyard Avenue and Saffreno Way (near Fire Station No. 5). In order to overcome the uphill slope situation, the project engineer, RJA, proposes a forced main design. The City Engineer agrees with this plan in concept but will need design details to be submitted for review and approval prior to the issuance of a building permit. A condition has been included to address this issue. PUD-93-02-09M/PCUP-182 Planning Commission Page - 10 -