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with alcohol service from 11:30 a.m. to 2:30 p.m. and from 5:30 p.m. to 10:30 p.m. on Tuesdays, Wednesdays, and Thursdays, from 11:30 a.m. to 2:30 p.m. and from 5:00 p.m. to 11:00 p.m. on Fridays, and from 5:00 p.m. to 11 :00 pm. on Saturdays and Sundays based on staff's determination that the hours were consistent with hours approved for Casanova's conditional use permit. Barone's would be able to operate to 11:00 p.m. per the original conditional use permit because it was not formally amended. On June 19, 2009, the Planning Division approved a temporary conditional use permit application by the Pleasanton Downtown Association (PDA) to allow outdoor music until 9:00 p.m. daily for any business located in Downtown. The temporary conditional use permit is valid between July 1, 2009, and December 31, 2009. The PDA's request indicated that Downtown nightlife is an integral part of creating and maintaining a dynamic and successful Downtown. Since the temporary conditional use permit was issued, the Pleasanton Police Department has received complaints on four separate nights regarding loud outdoor and/or late -night music being played at Barone's Restaurant. The complaints were received on July 16 at 6:56 p.m. and 10:21 p.m.; July 23 at 9:20 p.m.; July 24 at 9:32 p.m.; and July 30 at 9:07 p.m. The complaints were filed by Ed and Diane Churka who live at 507 St. John Street in the nearby St. John Court townhomes to the west. Staff notes that other calls could have been received by the Police Department, but the Police Department's incident reports only list the first caller. Mr. Barone received a citation from the Police Department as a result of the July 23, 2009, incident. On July 24, 2009, Planning Division staff met with Mr. Barone to discuss the time limits of the temporary conditional use permit. Mr. Barone indicated that he would like to have the ability to play outdoor music after 9:00 p.m. Staff informed Mr. Barone that he would need to submit an application to modify the original conditional use permit that was issued for the restaurant. On July 28, 2009, Joseph Barone submitted an application to the Planning Division requesting to allow outdoor music and entertainment and to extend the hours of restaurant operations. The Director of Community Development may approve minor modifications to an existing conditional use permit or refer the matter to the Planning Commission if judged to be substantial. The Director of Community Development determined that the proposed modification was a substantial change and has referred this matter to the Planning Commission for review at a public hearing. II. SITE DESCRIPTION The project site is an approximately 1.1 -acre parcel at the north end of the Downtown. The subject property is located in an area of mixed land uses, which is typical of the C -C Zoning District. The site is bordered on the west by a property containing the Barone's residence and the parking lot for the restaurant. Further west are located the St. John Court townhomes. Residences are also located to the southwest of the subject property, on the opposite side of St. John Street. Office buildings and US Bank are located to the south, on the opposite side of St. Page 2