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14 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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090109
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14 ATTACHMENTS
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8/26/2009 12:51:09 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/1/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
14 ATTACHMENTS
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DRAFT <br /> request. He indicated that he believes the proposal would present a harmful intrusion <br /> materially affecting his property values and his reasonable enjoyment of his property. <br /> He added that he and his wife go to bed at 9:00 p.m. because they must get up early, <br /> and the temporary music permit would affect their health and well -being even if the <br /> music were to cease. He stated that the extension of Barone's business hours would <br /> generate a significant spillover effect for some time afterwards, resulting in increased <br /> noise in the parking lot. He noted that the later it gets, the louder customers get <br /> because they have been drinking, and they have turned on their car alarms, which is <br /> extremely annoying and disruptive to him and his wife. <br /> Mr. Hunter stated that he feels Mr. Barone has demonstrated a complete and repeated <br /> lack of compliance and believed he will not be any more compliant with a 10:00 p.m. <br /> restriction. He noted that congestion and public safety on St. John Street and Peters <br /> Avenue have caused a significant impact, and any expansion of the hours they can <br /> serve alcohol will inevitably increase instances of drinking and driving, will harm his and <br /> his neighbors' property values. He stated that he felt the Barones were using the <br /> economic downturn to seek a permanent change that will have lasting harm to <br /> neighbors. He added that the request does not present a balance of interests and <br /> noted that 15 years ago, live music was not allowed at Barone's, and Casanova's <br /> closed no later than 11:00 p.m. He stated that although he does not believe live music <br /> is generally appropriate Downtown, it is not appropriate off of Main Street and next to a <br /> high density residential area. He asked the Commission to consider the impacts of <br /> noise and the permanent stage the Barones are proposing. <br /> Kerry Ostrander stated that she has lived on St. John Street for 15 years and loves the <br /> general noise and Downtown feeling; however, she believed the key is compromise. <br /> She indicated that she has no problem with Barone's having a band on Friday or <br /> Saturday nights; but because she is a high school English teacher, she and goes to bed <br /> very early some nights, and she would find it incredibly intrusive to hear music that she <br /> normally enjoys during the week. She stated that a compromise would be to limit the <br /> number of days and times for Barone's to start and cease music. She noted that <br /> allowing music every night of the week changes the picture unpleasantly and voiced <br /> support for compromise. <br /> Dennis Wilborn stated that he lives on St. John Street adjacent to and 50 feet from <br /> Barone's parking lot and 150 feet away from the stage area in the rear patio area. He <br /> distributed photographs of views from his bedroom window and acknowledged that the <br /> parking lot and Barone's Restaurant existed when he purchased the townhome in 2004. <br /> He indicated that he supports a vibrant downtown but questioned the timeframe of <br /> operating until 10:00 p.m. in the patio area, which impacts his ability to operate his <br /> business which starts at 4:00 a.m. He noted that he will suffer from sleep deprivation <br /> but that those who live on St. John Court will take the biggest impact as sound waves <br /> pop off of the Rose and Pleasanton Hotels into their complex. He added that the <br /> decibel readings taken are at head level, but the sound propagates up and out, and, <br /> therefore, the readings are not accurate. He also acknowledged that residents share <br /> DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 8/12/2009 Page 6 of 17 <br />
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