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THE CITY OF 14 CITY COUNCIL AGENDA REPORT pL£ASANTONe September 1, 2009 Community Development Planning Division TITLE: PAP -136 (PCUP -249), CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL TO MODIFY THE EXISTING CONDITIONAL USE PERMIT (UP- 88 -25) FOR THE OPERATION OF BARONE'S RESTAURANT LOCATED AT 475 ST. JOHN STREET TO ALLOW OUTDOOR MUSIC AND ENTERTAINMENT SUMMARY Under consideration is whether a modification to the existing conditional use permit for Barone's Restaurant should be granted to allow outdoor music and entertainment and extended hours of operation for the restaurant/bar. Several nearby residents have expressed concerns regarding noise, the proposed hours of operation, parking, traffic, litter, and other alcohol related issues. Several other residents and business owners support the application. The Planning Commission approved the modification to the conditional use permit (4 -0 vote), requiring the outdoor music and entertainment to end at 9:00 p.m. for the front deck and 10:00 p.m. for the rear patio area and extending the hours of operation for the restaurant/bar as follows: Monday through Thursday, 6:00 a.m. to 12:00 midnight; Fridays and Saturdays, 6:00 a.m. to 1:00 a.m.; and Sundays, 6:00 a.m. to 11:00 p.m. The Commission also allowed the applicants to remain open until 1:00 a.m. on March 17 (St. Patrick's Day), July 3 the Wednesday before Thanksgiving Day, December 23` and New Year's Eve each year. The outdoor music and 6:00 a.m. openings would be limited to six days per week of the applicants' choosing. The applicants do not oppose the Planning Commission's conditions of approval. Councilmember Sullivan appealed the Planning Commission's approval to the City Council. PLANNING COMMISSION ACTION Approved the modification to the conditional use permit subject to the conditions of approval shown in Exhibit A of Attachment 1. RECOMMENDATION Staff recommends that the City Council adopt the attached draft resolution denying the appeal, thus upholding the Planning Commission's approval of Case No. PCUP -249, subject to the conditions of approval as shown in Exhibit A of Attachment 1. FINANCIAL STATEMENT No fiscal impact to the City or public services is anticipated.