SR 05:023 - Laserfiche WebLink

inquired if any complaints or problems have been reported against the business. The Danville Planning Department indicated that there have been no problems with its operation. As stated above, the proposed use would be located in a commercial area on Main Street. The nearest residences, located to the east at 340/374 Ray Street, directly abut the subject property; these residences are also within the Central Commercial zoning district. Additional residences are located further east on Ray Street and Walnut Drive. At the time this report was written, three people had contacted staff with concerns regarding the proposed use and its hours of operation. (Please see the "Public Notification" section of this staff report.) As noted below, staff feels that the lack of loud music, dancing, and live entertainment would greatly reduce the chances of disturbing the neighbors. One resident and the Pleasanton Downtown Association have stated their support of the proposed use, and the PDA has further indicated its desire to have businesses stay open later to create a "night life" in the Downtown. Chris Beratlis indicated that late-night customers could be rowdy drinkers rather than the "affluent, well- traveled highly educated professionals" that the applicant indicates is the typical customer, and he suggested that the late-night hours be approved on a limited, trial basis to allow the City to determine if the late-night operations were creating problems for the adjacent neighbors or businesses. Staff believes that Mr. Beratlis' concern is valid and has included a condition of approval that the use permit be reviewed by the Planning Director in six months to determine if the business is operating in a non-nuisance manner; if there are any major issues or concerns that can not be resolved at the staff level, the use permit would be brought back to the Commission. Staff is sensitive to the potential land use conflicts in the Downtown between existing residents living in the commercially-zoned part of Downtown and commercial uses which may have "spill-over" effects on those residents, such as parking, hours of operation, noise, or similar issues. In evaluating use permits which have potential impacts, the City has looked carefully at the specifics of proposed operations and has tried to achieve a balance between maintaining the quality of life of Downtown's residents and the objective of having Downtown accommodate a variety of businesses and activities which draw people to the area both during the day and at night. In the past, the City has discouraged uses which feature live entertainment within close proximity to residences, and in this case, the applicant has responded by not including bands or dancing as part of her proposal. However, the applicant would like to bring a quality nighttime drinking establishment to the Downtown, and the Pleasanton Downtown Association has agreed that locations on or within a half block of Main Street are appropriate places for such establishments. Staff believes that conditions of approval can be incorporated with the project that would ensure that the surrounding uses are not impacted due to noise, parking, litter, or other objectionable influences. For example, staff is recommending conditions of approval that would require that the applicant keep the doors and windows of the establishment closed, that the southern outdoor dining area close at 10:00 p.m., that the applicant maintain the area surrounding the restaurant/bar in a clean and orderly manner at all times, and that the applicant monitor the area Page - 4