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Diane Churka stated that she supported the Commission allowing music until 10:00 p.m. but wanted the Commission to set parameters. She noted that the officer gave the Barones the CC&R’s regarding noise and that a total of three citations were received, one of which was after 10:00 p.m. Ms. Churka stated that they moved to St. John’s Court in 1988, and Casanova’s was where Barone’s is. She indicated that the Pleasanton Hotel played music all day long, including weekends, and their quality of life downtown has been compromised. She added that dogs start barking at 7:15 a.m. from the kennel all year long and especially loud on holiday weekends; trains run six to seven times per night which has increased as the economy improved; the Amador High School band practices, garbage trucks come by before 6:30 a.m., and when the bars close, there are loud noises from loads of glass bottles being thrown into the restaurant dumpsters. Ms. Churka noted that Casanova’s had no outside entertainment. She expressed opposition to Barone’s having music seven days a week but would support four days a week. She indicated that while she and her husband knew they were buying into a commercial district, the Barones also knew they were buying in a residential area; she asked for some give and take. Ms. Churka stated that she has heard music as high as 85 decibels. She added that the music rocked their house so they must close their windows, turn on the air conditioner, and turn up their TV. She indicated that she did not understand the distinction the Commission has made between the front and back decks because the front is exposed to businesses, and there are numerous homes in the back deck area that are impacted. She added that theirs is the only home in front of the Barone’s property line that is not buffered by a garage or a room, and she questioned what would happen when Farmer’s Restaurant has outside entertainment. Ed Churka stated that he believes the business owner that rents a restaurant from him at 780 Main Street will also request to do the same since the Commission will set a precedent by setting the hours until 2:00 a.m. He indicated that conditional use permits (CUP) are permitted for only six months and inquired whether or not the permit will be monitored. He noted that the Barones have violated the permit three times already and inquired if the noise ordinance will be changed. He cited places that have closed in the Downtown because of noise concerns and inquired how long the City will allow this to continue. He then set a decibel reading meter at 65 decibels and played music to that level so the Commission could experience the music that they are exposed to. Andrew Shaper stated that he lives two blocks from Barone’s Restaurant and indicated that while he has been very supportive of many Downtown activities, he questioned precedence and consideration. He indicated that he understands the need for a viable commercial establishment but that the area has also been a residential neighborhood for 150 years. He noted that he did not want to see the economy used as a leverage point to set a precedent that makes the Downtown singularly a nightlife draw with no PLANNING COMMISSION MINUTES, August 12, 2009 Page 7 of 23