FESTIVAL HALL (BUTTERFIELD/SARMIENTO)

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operation, if undertaken consistent with the conditions of approval of said permits and applicable regulations, would not constitute a public nuisance. E. The City has, this 19th day of November, 2001, approved Conditional Use Permit No. 01-28, and other entitlements, to permit the construction and sale of 86 live -work -units in the downtown area of the City, including 40 live -work units on the remainder of the block containing Festival Hall (the "live -work project"). The project location is approximately 201-291 North Sycamore, 151-191 West Second, 150-190 West Third, 201-238 North Main, 200-232 and 201-253 North Bush, 200-214 North Spurgeon and 200-208 East Third, F. As part of these approvals, the City has adopted and certified Negative Declaration and Mitigation Monitoring Plan No. 01-144, pursuant to the California Environmental Quality Act. This Negative Declaration identifies certain noise impacts created by placing sensitive receptors (i.e., residents) into an urban area, that, unless mitigated, would cause significant environmental impacts. G. The Negative Declaration identifies mitigation measures that, if implemented, would reduce this significant noise impact to a level of insignificance and would assist Festival Hall in complying with applicable noise regulations. The noise study which is part of the Negative Declaration is modeled based upon the premise that upon (1) implementation of the required mitigation measures, (2) no substantial increase in noise by Festival Hall beyond that-masured-in-the -noise study, and (3) compliance by Festival Hall with all conditions under which it must operate as referenced above, Festival Hail will be in compliance with all applicable laws and regulations. While many of these mitigation measures are conditions that will be imposed directly upon the builder of the live -work units, seven (7) of the mitigation measures in the Negative Declaration identify mitigation measures to be taken at Festival Hall. The developer of the live -work project has been assessed the obligation to pay to the City a fee to pay the cost of constructing these mitigation measures. Six (6) of these mitigation measures relate to central air conditioning, changing windows and adding vestibules to reduce noise escaping Festival Hall, while one (1) mitigation measure relates to reducing noise from departing patrons of Festival Hall. H. The seven (7) mitigation measures to take place at Festival Hall are: (1) Provide Air Conditioning for Festival Hall; (2) Replace the west -facing windows with fixed assemblies with a minimum STC 32 rating; (3) Provide a vestibule for the entrance door on the west wall. The vestibule should be fitted with solid doors and seals on both sides. The doors should have a minimum STC 40 rating; (4) Add 10-fect of lined sheet metal ducts and 7-foot sound traps to roof vents over the club; (5) Provide a vestibule for the entrance door on the north wall (the vestibule should be fitted with solid doors and seals on both sides and the doors should have a minimum STC 40 rating); (6) Replace the windows on the north wall with fixed assemblies with a minimum STC 32 rating; and (7) "Provide signs at the exits of the Festival Club [sic] and at appropriate locations on Third Street and Spurgeon Street advising patrons to respect the neighbors and be quiet."