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PLANNING COMMISSION ACTION The Planning Commission held a public hearing on August 12, 2008, to review the proposed project. Detailed information on this meeting is provided by Attachment 3, draft excerpts of the Planning Commission minutes (a podcast is also available at the City's web site at www.ci.pleasanton.ca.us). Thirty -three members of the public spoke at the hearing indicating either support or opposition to the application. After receiving public testimony, the Commission approved the application on a 4 -0 vote subject to staffs recommended conditions with the following modifications: Barone's wait staff shall undergo a training program, such as TIPS (Training for Intervention Procedures), designed to prevent intoxication, underage drinking, and drunk driving; the applicants shall work with the Community Development Director to provide acceptable directional signage to the Barone's parking lot; prior to starting outdoor music /entertainment after 9:00 p.m., the applicants shall consult with an acoustic engineer to determine if noise mitigations can be implemented to reduce noise impacts to the neighbors; the outdoor music and 6:OOam openings shall be limited to six days a week; a future request to extend the outdoor music and 6:00 a.m. openings to seven days a week shall be subject to Planning Commission review at a public hearing; and the applicants shall work with the Community Development Director and Planning Division staff to select a means to monitor the noise between 9:00 p.m. and 10:00 p.m. with a recording device that will create a record and notify the Barones should the noise exceed 70 decibels. The applicants indicated that they do not oppose the Commission's modified conditions. DISCUSSION Staff is sensitive to the potential land use conflicts in the Downtown between existing residents and commercial uses which may have "spill- over" effects on those residents, such as traffic, parking, noise, or similar issues. In evaluating use permits which have potential impacts, staff has looked carefully at the specifics of proposed operations and has tried to achieve a balance between maintaining a reasonable quality of life for Downtown's residents and the objective of having a successful Downtown that accommodates a variety of businesses and activities which draw people to the area both during the day and at night. In this case, the applicants would like to add nighttime outdoor music and entertainment at their business and extend the restaurant/bar hours to make it more competitive in these tough economic times and staff believes that the Planning Commission's conditions of approval would ensure that the surrounding uses are not impacted due to noise, parking, litter, or other objectionable influences. For example, the conditions of approval require that outdoor music /entertainment on the front deck and rear patio area cease at 9:00 p.m. and 10:00 p.m., respectively, that the applicants comply with the City's noise regulations, that the applicants maintain the area surrounding the restaurant/bar, outdoor dining areas, and parking lot in a clean and orderly manner at all times, and that the applicants monitor the area outside of the restaurant and parking lot to ensure peace and quiet. A condition also requires that the applicants monitor the noise between 9:00 p.m. and 10:00 p.m. with a sound meter that will create a record and notify the Barones should the noise exceed 70 decibels. 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. Page 4 of 7