31D - CONDITIONAL USE PERMIT DENNIS LLUY

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CUP Nos. 2010-04 thru 2010-06 August 23, 2010 Page 2 identified as Downtown (DT) zoning district and has a General Plan land use designation of District Center (DC). Surrounding land uses include commercial, with residential land uses within 250 feet (Exhibits 1 and 2). The site is currently developed with two historic structures: the 9,000 square foot Yost Theater built in 1913, and the 11,484 square foot Ritz Hotel built in 1906. The Yost Theater has been used as a church and theater since its original construction. The Ritz Hotel has been occupied by a variety of retail uses over the years. Parking is supplied by a paved surface lot owned by the Community Redevelopment Agency (immediately west of the subject site) and by a public parking structure to the north. Both public parking opportunities are shared by all the businesses in the immediate area. Project Description The applicant is proposing to obtain a Type 47 liquor license for the sale of beer, wine and distilled spirits for consumption on the license premises in conjunction with an eating establishment. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The storage area for alcoholic beverages is located within the kitchen and bar area and consists of approximately 313 square feet which is less than five percent of the gross floor area of the restaurant (Exhibit 3). The project is proposed in two phases. Phase I includes the renovation of the Yost Theater building, and entails creating a restaurant and entertainment venue. 135 fixed seats will remain, and the remainder of the area near the stage will be a large, flexible area that may be used for dance floor, additional seating, orchestra area, and other such uses facilitating general entertainment. Entertainment may include, but is not limited to, concerts, dances, performances, conferences, wedding receptions, and other assembly uses. These assembly uses require a conditional use permit (CUP) for a banquet facility as the facility will be available for rental and closed to the general public for a specified period of time for a private function. Additionally, the proposed hours of operation will be from 8:00 a.m. to 2:00 a.m. which requires a CUP for after-hours operation. Phase II will connect the buildings' interior between the Yost to the Ritz Hotel (located at 301 North Spurgeon, and immediately south of the Yost) to allow the two buildings to function together. As proposed, the first floor of the Ritz Hotel will continue to be used for retail, while the second floor will be used for seating area for the Yost restaurant. Additionally, new stairways will be constructed to allow for easy access between the buildings for the restaurant. When Phase li is implemented, a voluntary lot merger will be completed to allow the openings between buildings and compliance with the building code. Separate entitlements have been submitted by the applicant and are currently being processed for two outdoor dining areas including a 293 square foot outdoor dining area in front of the Yost, and a 564 square foot dining area in front of the Ritz Hotel building similar to that at the Bistro 500 or Memphis restaurants. Total outdoor dining area will include 857 square feet. The Yost will accommodate a maximum of 267 interior patrons for a performance with assigned seating and a dining option (Exhibit 4). 31 D-4