Planning Commission Minutes 2008 08 14

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Planning Commission Meeting Minutes August 14, 2008 Page 8 of 11 Lipton stated the code should be enforced instead of adding a condition. Russell expressed concern with extending the hours of operation per the applicant's request. His concern extended to the behavior of the clientele that might use the patio at such a late hour. Sheets moved and Loa seconded a motion to approve Resolution No. 14, Series 2008 as presented by staff and without the Condition #2 regarding the parking spaces. Lipton offered a friendly amendment to add the additional sound proofing through the use of a moveable canvas like awning. Sheets stated the sound proofing is too ambiguous. She does not see a way to measure enforcement. Tengler stated the applicant had described a potential alternative with the moveable canvas like awning. Lipton asked the applicant to clarify the concept of the awning. Karp stated the awning like structure would be approximately 10' high, and attached to the pergola. Loa asked if the structure would meet building codes. Wood stated the awning like structure could add some sound proofing but he does not have a measurable standard to hold the applicant to. He also does not know if the structure would meet building code. Loa stated the structure would need to be reviewed by the Building Safety Division to be sure it would meet building codes. Sheets and Loa accepted the friendly amendment presented by Lipton which adds a condition addressing the noise buffering option. Tengler moved and Pritchard seconded a substitute motion with the same wording for all parts of the original motion except the hours of operation would be as the applicant requested (mid-night on Sunday through Thursday and 2:00 AM on Friday and Saturday). Roll Call Vote on substitute motion: Name Vote Jeff Lipton No Chris Pritchard Yes Susan S. Loa No Gail Hartman No Monica Sheets No Cary Tengler Yes Scott Russell No Motion failed: 2 to 5