09 ATTACHMENT 06-8 - Laserfiche WebLink

DRAFT conditioned. Ms. Soo indicated that was not a condition because it was an agreement between two private parties. Ruby Hill would like to give the maintenance responsibility to the Nagy's. THE PUBLIC HEARING WAS OPENED. Arpad Nagy, applicant, described the vision for the site as a five-star restaurant which would be a valuable enhancement to the 36-acre vineyard parcel as well as the former sales office. He described the ambience that would be achieved by the dining experience and noted that both families and professionals could enjoy a welcoming, fine-dining experience. He noted that the architecture and landscaping would also be attractive for visitors to the area as well. He noted that the project had been revised several times, and meetings by a focus group consisting of residents resulted in the 500-foot buffer zone. They also decided to build the residence between the residence and the Ruby Hill homes in order to buffer lighting and noise impacts; the courtyard would also serve as a buffer. He believed the current project was much better due to the input provided by the neighbors. He corrected the operating hours as starting at 11:00 a.m. He noted that the dining hours would be from 6:00 p.m. to 10:00 p.m. on weekdays, and from 6:00 p.m. to 11:00 p.m. on weekends and days before a national holiday. He added that private dining would be available during the daytime. He requested that Condition No. 7 regarding heating lamps and lighting on the terrace be removed following a meeting with the neighbors. He noted that the current condition did not allow dining flexibility, and he would like the diners to have the ability to dine outside and still read the menu. In response to an inquiry by Chairperson Fox regarding lighting, Ms. Soo confirmed that the standard condition called for the lowest level of luminosity possible. Mr. Nagy noted that the lights would be controlled by photocell timers; he then described the landscaping buffers. Ms. Soo stated that requirement was memorialized on page 20 (B.1.) of the conditions of approval. In response to an inquiry by Commissioner Blank regarding whether language such as "Special lighting will be allowed, but must not be an attractive nuisance" would be acceptable, Mr. Nagy replied that would be acceptable. In response to an inquiry by Commissioner Blank regarding whether the applicant would object to a condition requiring food service whenever alcohol would be served, Mr. Nagy replied he would be amenable to that condition. Peter MacDonald, project architect, 400 Main Street, Suite 210, noted that Mr. Nagy had been the driving force throughout this process. He noted that the creation of a wine country ambience was the vision of the City's Vineyard Corridor and that the creation of Ruby Hill was one of the trade-offs to achieve that goal. He noted that the General Plan called for the creation of many amenities, including a restaurant such as this. He noted that the Nagy family came to the United States from Hungary and saw the country as a beacon of freedom which would allow them to exercise their entrepreneurial spirit and hard work in order to create afive-star restaurant. He noted that entrepreneurial projects were fragile, especially at the start. He noted that the applicants responded to the residents' concerns in several significant ways and added that the costs had far exceeded what the family had expected. He was surprised that a small project such DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, May 9, 2007 Page 2 of 7