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ATTACHMENT 4 August 12, 2009 RE: PCUP -249 Request of Joseph and Maricela Barone Dear Mr. Otto: We are writing to express our strong opposition to PCUP -249, the request of Joseph and Maricela Barone to modify their conditional use permit (UP- 88 -25) for Barone's Restaurant to allow outdoor music and entertainment and to extend their business hours. For over a decade, we have lived at 523 Saint John Street, a townhouse directly facing the parking lot of Barone's Restaurant, and we believe this proposal would present a harmful intrusion, materially affecting our property value and our reasonable enjoyment of our property. Please ask the Planning Commission to consider the following in making a decision with regard to Mr. and Mrs. Barone's request: Noise Close to Our House /Saint John Townhouses: The permanent stage Mr. and Mrs. Barone are proposing and their existing parking lot are only yards from our bedroom window. Recent musical events at Barone's have been loud enough to make sleep impossible. Because of long commutes, my wife and I go to bed at approximately 9:00 PM. The proposed change and indeed, the current temporary music permit would allow noise that could very well affect our health and well being. Even if music were to cease at a certain hour, the extension of their business hours would generate a significant spill -over effect for some time thereafter, in the form an increased level of noise from the parking lot. Demonstrated Lack of Compliance: As documented in the staff report, Mr. and Mrs. Barone have repeatedly violated the terms of the current temporary conditional use permit, allowing music until 9:00 PM. There have been numerous complaints (involving at least four dates) logged with the Pleasanton Police Department regarding Barone's Restaurant for music continuing beyond 9:00 PM and they have, indeed, been cited for a violation related to this music. We find it difficult to believe they will be any more compliant with extended hours. Congestion and Public Safety on Saint John and Peters Streets: Barone's musical events have had a significant impact on parking and congestion on Saint John and Peters Streets. Parking has already been negatively impacted by the recent construction of several town houses on the corner of those two streets, which eliminated approximately six spaces. The proposed change would make the situation worse. Further, any expansion of the hours in which Barone's Restaurant serves alcohol would inevitably increase the incidences of drinking drivers in the neighborhood, to the detriment of public safety. Property Values: All of the above would almost certainly harm the value of our property and that of other residents in the area. While it might be fun to visit Bourbon Street, no one wants to live there. Mr. and Mrs. Barone are using the current economic downturn as an excuse to seek a permanent change that would be of lasting benefit to their business and lasting harm to the value of their neighbors' property. This is simply not fair. Property values and businesses SUPPLEMENT AL MATERIAL Provided to the Planning Commission After Distribution of Packet e��/ Date Distributeddii4