31C - MODIFICATIONS TO CONDITIONAL USE PERMIT DOLCE GROUP

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Amend CUP No. 2008-35 August 23, 2010 Page 2 Geisha House occupies a 5,616 square foot two-story building and a 1,101 square foot outdoor patio dining area within the City Place development (Exhibit 3). The restaurant is a sit-down eating establishment that offers Japanese cuisine to its customers in an upscale setting. The hours of operation for the restaurant are 11:00 a.m. to 2:00 a.m., seven days a week. In 2008, two separate conditional use permits were granted to allow the sale of alcoholic beverages at a bona fide eating establishment and after hours. Due to similar dancing conditions on each conditional use permit, each requires modification. As such, on August 10, 2010 the Zoning Administrator approved modifications to Conditional Use Permit No. 2008-32 allowing dancing in conjunction with the sale of alcoholic beverages at a bona fide eating establishment. Project Description The applicant is proposing to obtain a modification to the existing conditional use permit allowing after hours at the Geisha House Restaurant (Exhibits 4 and 5). The Dolce Group has requested the ability to allow dancing at the establishment. The request requires the deletion of one condition that prohibits public dancing. The after- hours operation is an ancillary function to the primary restaurant use. The storage area for alcoholic beverages remains untouched and is located behind the hostess station and within the bar and dry storage areas. The overall storage of alcoholic beverage consists of approximately 269 square feet which is less than five percent of the gross floor area of the restaurant. Analysis of the Issues Conditional Use Permit No. 2008-35 was granted in 2008 to allow the restaurant to operate from 12:00 a.m. to 2:00 a.m. With the approval of the conditional use permit, conditions of approval were also granted. Staff has analyzed the modification request consistent with other eating establishments throughout the city. The applicant's request to modify a condition of approval to allow dancing is not contrary with the City's established guidelines for restaurants selling alcoholic beverages. Allowance of dancing after hours at the establishment in conjunction with food and alcohol consumption is consistent with other similar restaurants. The facility will remain a bona fide restaurant use providing the appropriate kitchen and food preparation area. The surrounding land uses adjacent to the restaurant are commercial uses with the exception of Santiago Park to the south and the adjoining City Place residential uses to the east and north on the same integrated development site. The extended hours of operation, as conditioned, should not impact the residences as the restaurant use must minimize potential noise impacts to the surrounding residential and commercial uses and provide adequate security to monitor the site. Additionally, the outdoor dining patio is located at the intersection of Main Street and Memory Lane, the furthest point from the residential component. 31 C-4