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ATTAC Dennis W. Wilborn, P.E. q 531 Saint John St. Pleasanton, CA 94566 (925) 461-3163 City of Pleasanton Planning Department Attn: Mr. Steve Otto, Associate Planner August 12, 2009 Re: PCUP -249, Joseph and Maricela Barone Staff Report Comments Dear Steve, Thank you for speaking with me yesterday about tonight's public hearing regarding the modification proposal to CUP (UP- 88 -25). It is clear that Staff has done a good job in attempting to recommend a reasonable balance between commercial and residential land use. I want to inject a few additional items for consideration. While we do not begrudge Mr. and Mrs. Barone's right to pursue maintaining a successful business, equal consideration is in order. As I stated during our telephone conversation, allowing music or entertainment to continue later than 9:00 p.m. Sunday- Thursday and 10:00 p.m. Friday- Saturday, would expose my family and my business to significant harm. 1. My wife and I start work at 4:00 a.m. during the week and must be well rested and alert. 2. Longer hours would increase our cost of living for utilities. During summer months we can usually cool the house by opening the windows, however on the nights when there is music we shut everything up and must use the air conditioner. 3. The added spill over after the music stops. Typically 30 -60 minutes are required to clear the parking lot. Occasionally, the patrons leaving the parking area less than 50 feet from our house are loud, vulgar and offensive. They often set off their car alarms as the search for their vehicles. Because our townhome is the direct line of site with both Barone's rear entertainment area and parking lot, the noise pollution we experience will be much higher than our neighbors deeper into the Court. (Photos 1 -3 provide the view from our bedroom window approximately 150 feet from Patio Stage) While past noise measurements have been conducted at ground level and attenuated by the fence resulting in readings of 60 -65 dB, the actual readings in the second floor bedrooms could be higher due to the direct line of site with the noise source. The current allowable noise levels provided by the City's Noise Ordinance may be out of date and not reflect the most medical findings concerning health risk associated with exposure to noise levels that are classified as Very Loud by the American Speech- Language- Hearing Association. Noise levels in this classification range from 60 -80 dB, with 80 being the threshold considered as potentially dangerous for long term hearing loss.