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DRAFT informed that this is a Downtown and that there will be nighttime music and activity. He cited Condition No. 28 of the Kimberly Commons' PUD: "The CC &R's shall clearly state that the property is located in the Downtown area where businesses such as restaurants, nightclubs, hotels, and theaters are open late at night. These and other nearby uses may create noise, parking, and other impacts." He indicated that the landlord needs to tell his tenants that Downtown activities were part of the deal all along and that this is not a changed condition. He added that similarly, the townhouse project and the homes on St. John Street on the other side of the railroad track were each rezoned from Commercial to Residential to allow residents to live near the Downtown but not to change the Downtown. Mr. MacDonald stated that staff is correct to follow the noise ordinance, which is 70 decibels for commercial property until 10:00 p.m. and 60 decibels after 10:00 p.m. He noted that at 9:00 p.m. on Thursday evening, he stood at the property line of the Churka residence while the band was playing, and the decibel reading bobbled between 58 and 62 decibels; the background reading with no band playing was between 55 and 60 decibels. Mr. MacDonald reiterated that Barone's will bring more customers and evening life to the Downtown and added that approval of their request is important to their economic success. Commissioner Blank noted that Commissioner Narum brought up the TIPS program, which the City has incorporated into the late evening approvals for those who serve alcohol to recognize signs of intoxication, and he asked Mr. MacDonald if this is something the applicants are willing to consider. Ms. Barone stated that they are familiar with TIPS and have had that training in their restaurant. Commissioner Pentin referred to the statement that no complaints were received after 10:00 p.m.; however, one report shows the time as 10:21 p.m. Joe Barone, Applicant, stated that he believes the first citation issued was at 10:21 p.m. He noted that the Pleasanton Downtown Association letter that was issued through the City concerning the 9:00 p.m. umbrella was never sent to any of the businesses, and his understanding was that the noise ordinance was still 10:00 p.m. He added that once he realized they were past the 10:00 p.m., they shut down the music immediately. He added that for the second and third citations, there were no decibel readings on the tickets. He acknowledged that they were completely wrong only on the first citation, and this was due to the fact that they did not receive notification that the 9:00 p.m. ordinance was in effect. Commissioner Pentin inquired whether the Barones have thought about a back stage with some baffling so that sound is projected into the patio area and not into surrounding areas. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 8/12/2009 Page 3 of 17