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provide entertainment to the City. She stated that their children attend Pleasanton schools and that they have always given back to the community through fundraisers. She stated that she consider sounds from the train and music to be part of the Downtown. Ms. Barone stated that due to the economic situation, they have had to close their lunch business and lay off employees; additionally, they have also renovated and opened up their patio. She noted that the Pleasanton Hotel has been holding Thursday night events until 10:00 p.m., which recently ended due to the closing of the business. She added that her customers are thrilled that they are able to provide music and a venue similar to the Hotel. She noted the current decline in the business but stated that she has seen a thriving Downtown and believed that in order for their business to be successful, entertainment is needed. She stated that she supports staff’s recommendations and conditions of approval and requested the Commission to approve their request. Peter MacDonald, applicant’s attorney, stated that the Barones are proposing more evening vitality to the Downtown. He noted that they agree with the conditions of approval and the staff recommendation to limit their hours of operation. He pointed out that the City will dedicate millions of dollars to the Fire House Arts Center which will also bring more business Downtown, and added that there must be additional activities for businesses to stay open in the evening such as what the Barones offer in their business. Mr. MacDonald stated that Pleasanton is facing competition from Livermore which is determined to be the evening gathering place for the Tri-Valley.He stated that he believed that Pleasanton has a superior Downtown setting and customer base and that better businesses are ready to stay open for customers in the evenings. He indicated that one issue that may arise is the 9:00 p.m. versus 10:00 p.m. music cut-off because a band cannot be purchased for half a night. He stated that some residents would prefer music to stop at 9:00 p.m., but many residents have also expressed support for music to end at 10:00 p.m. He added that limiting or setting a standard for music and events limits the Downtown experience to far more people who want to live and experience near vibrant evening activity. He cited the support of the application from Jim Hoge, member of the Museum Board and who resides in the Kimberly Commons complex, as well as Kristin Davidson-Banducci and John Mederos who live on Walnut Drive. Mr. MacDonald noted that the Pleasanton Downtown Association supported the Kimberly Commons’ approval in 2005, subject to the stipulation that residents be 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 PLANNING COMMISSION MINUTES, August 12, 2009 Page 5 of 23