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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 a five-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 as this would require a $20,000 traffic study. He encouraged the Planning Commission to support this project, which he believed would enhance the City. He noted that Condition No. 8 on page 23 referenced a $5,500 charge for the removal of three tress, which had originally been to encourage people to retain heritage trees where possible. In this case, the trees were being removed as a mitigation measure because they had to move their existing building to a new location, currently surrounded by landscaping. He noted those three trees were not heritage trees. Earl and Linda Ault, 7000 Tesla Road, Livermore, noted that they owned Cedar Mountain Winery and added that they looked forward to any enhancement to the area with such a high quality restaurant. He would like more people to visit the wine country and complimented the Nagy’s on their display of fortitude during this project. He believed this project was wholly consistent with the goals of the area. PLANNING COMMISSION MINUTES May 9, 2007 Page 8 of 20