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ATTACHMENT 7 EXHIBIT D From: DIANE CHURKA Sent: Friday, July 17, 2009 7:24 AM To: Mayor and City Council Subject: BARONE'S CONDITIONAL USE PERMIT Dear members of the City Council and Mayor, Apparently, Barone's has been issued a conditional use permit for outdoor music without any public input. Apparently, the condition Barone's was given the permit was on the premise that the Pleasanton Hotel had previously had a permit before they went out of business, therefore, they were entitled to a permit. There was no public notification of any kind. While it is indeed true that the Pleasanton Hotel did have a permit, the Pleasanton Hotel complied with strict guidelines after receiving citations for their noise. Last night the band at Barone's exceeded all noise limits. The racket overrode the sound of our t.v. set and my whole home vibrated with the loud drum beats. There was not one room in my home where I could find sanctuary. It was hot and it was impossible to open the windows without being inundated. I did call Barone's and subsequently the Pleasanton Police. Officer Paulson spoke to Barone's and informed me they had a conditional use permit. In response to my complaint, the music was turned down to a measurable 65 decibles 20 feet from our property line. On week nights, the Pleasanton Hotel, would cease all music promptly at 10 p.m. on week nights and the loudness was controlled. While the band at Barone's stopped playing prior to 10 p.m., they switched to piano music which they continued to play after 10 p.m. This is not our first encounter with noise from Barone's. They have installed a sound system around the peritmeter of their home. They would play loud music at all hours of the day. When we spoke to them, the excuse given by Mrs. Barone was that her child was hearing impaired. That issue was finally resolved when I countered with my own music...the sound of trains. I was working nights at the time and needed to sleep during the day. Before I retired, I was forced to sleep on a mattress in my closet to find quiet I needed to function on my job as a nurse at UCSF. We know we live downtown and must endure the sounds of the City, however, I believe there are parameters with which a business must comply. In our own establishment at 780 Main Street noise was always a concern for our neighbors. We will be selling our home but now I fear I will be unable to sell because of the racket indiscriminately played for their own needs. I do not want to prevent a business from marketing in these difficult times, however, we homeowners have not been considered or allowed to voice our issues before the condtional permit was issued. Thank -you Officer Paulson for responding last night. There was not much he could do with out seeing the conditional use permit but he did promise to secure the information today. Officer Paulson also shut down the music at 10:20 p.m. I too will seek information regarding the parameters of the conditional use permit today. I am really concerned because there was no community input.. Maybe, I am in error and if that is the case, I will cease my complaints and quietly leave. I too have a disability and indescriminate loud nose is an aggravation. Fortunately, Mrs. Barone, the mother of Joe Barone is hard of hearing and can simply remove her hearing aide. I have asked the Barone's in the past to give us notice of their events so we could seek a hotel room but we have not even been given that consideration. Thank-you. Your comments would be appreciated. Diane Churka of 507 Saint John Street