SR 05:023 - Laserfiche WebLink

outside of the restaurant/bar to ensure peace and quiet. As stated above, staff is also recommending that the subject use permit be reviewed by the Planning Director in six months to determine if the business is operating in a non-nuisance manner. If necessary, the application could be brought back to the Planning Commission for additional conditions to mitigate and/or prevent any nuisances that were identified. Therefore, fi.om a land use perspective, stafffinds the use to be acceptable, as conditioned. Hours of Operation As stated above, the proposed restaurant and bar would operate between the hours of 7:00 a.m. to 1:00 a.m., Monday through Saturday, and from 8:00 a.m. to midnight on Sundays. Given that the bar use would not include live or loud recorded music, entertainment, or dancing, staff believes the potential for disturbing neighbors is greatly reduced. Regarding outdoor dining, staffnotes that the City's Sidewalk Dining Ordinance limits outdoor dining on public property to the hours of 7:00 a.m. to 10:00 p.m. However, the applicant's outdoor dining areas would be on private property, just behind the City right-of-way, and would not be subject to the hours of the ordinance, but is subject to review as part of the use permit. Staff notes that the ordinance's 10:00 p.m. limit was primarily designed to limit late night noise impacts on surrounding residential properties. Given the close proximity to the Ray Street residences on the east side of the property, staff feels that the outdoor dining area on the south side of the building should close at 10:00 p.m. Since the smaller outdoor dining area on the west side of the building would be separated from the adjacent residences to the east by the two- story building, staff feels that this dining area could operate until closing of the restaurant without adversely impacting the adjacent residential neighbors. In addition, late night use of the outdoor dining area would most likely be limited to summer months, when the weather is favorable for this activity. The trash enclosure for the site is located at the southeast comer of the property. In order to reduce potential negative impacts on the adjacent neighbors, staff feels that time limits should be established for garbage dumping and mat and container cleaning in the trash enclosure area. Staff believes that garbage dumping and mat and container cleaning should not be allowed prior to 8:00 a.m. or after 8:00 p.m. A condition has been included to address this item. As conditioned, staff believes that the proposed hours of operation are acceptable. Any changes to the hours of operation would require review and approval by the Planning Director and/or Planning Commission. Furthermore, should the applicant's hours of operation create adverse impacts on the adjacent residences or businesses, a recommended condition of approval would allow the City to reduce the hours of operation. Page- 5