Laserfiche WebLink
Staff received comments from several residents located adjacent to the site in the St. John's <br /> Court townhomes, as well as some of the other surrounding residential sites. The primary <br /> concern cited was noise. Conversely, staff has also received comments of support for the <br /> application from several residents and business owners in the area, as well as the Pleasanton <br /> Downtown Association (PDA). Mr. Otto stated that the appropriateness of the interface between <br /> commercial and residential properties in the downtown area is not a new issue and that staff <br /> attempts to strike a balance between supporting a vibrant downtown and protecting its <br /> residents. He stated that in this situation staff believes the application, as conditioned by the <br /> Planning Commission protects adjacent residents, therefore, staff recommends the Council <br /> deny the appeal and uphold the Planning Commission's approval, subject to the Conditions of <br /> Approval, with possible modification to Condition 4. <br /> Mayor Hosterman read from the staff report and supported its conclusion on the issues of <br /> competing commercial and residential interests in the downtown area. <br /> Councilmember McGovern questioned, and Mr. Otto confirmed, that the Conditions of Approval <br /> do not prevent the applicants from hosting live music at the bar, front deck, and rear patio <br /> simultaneously. She also confirmed increased hours and asked if the applicants currently offer <br /> music on the back patio 6 days per week. Mr. Otto said he believed it is currently offered <br /> Thursday evenings only, with the exception of an occasional Friday evening. <br /> Mr. Fialho stated that the existing CUP allows it Thursday through Saturday but noted that the <br /> actual occurrence has not been as frequent. <br /> Councilmember McGovern questioned, and Mr. Otto confirmed, that the Planning Commission <br /> did not specify a start time for amplified music. She said that 6 a.m. to closing seems broad, as <br /> does the service of alcohol from 6 a.m. to 1 a.m. Mr. Otto said the applicants would most likely <br /> not do so and are looking only for the flexibility to do so on special occasions. <br /> Councilmember McGovern questioned, and Mr. Fialho confirmed, that the current conditions do <br /> not limit the service of alcohol and suggested that they should. <br /> Councilmember Thorne asked how the Director of Community Development would monitor <br /> noise levels. Mr. Otto said the applicant has purchased a sound level meter. He noted that it is <br /> not the meter advised by the Planning Commission, which would record levels and signal <br /> alarms when noise reached a certain level. Councilmember Thorne questioned whether the <br /> outdoor patios are closed during the winter month and Community Development Director Brian <br /> Dolan confirmed that the proposal is seasonal with activity ending mid October when the <br /> portable restrooms are removed. <br /> Mr. Fialho explained that the conditions are open -ended and allow the business owner a certain <br /> degree of flexibility. He said that practically speaking, outdoor entertainment in the winter is <br /> unlikely. <br /> Councilmember McGovern requested a copy of the Conditions of Approval for Redcoats British <br /> Pub and Restaurant, stating she does not believe it opens at 6 a.m. or is allowed outdoor <br /> amplified music. <br /> Vice -Mayor Cook- Kallio said she does not view them as similar establishments, acknowledged <br /> that conditions do not prohibit concurrent entertainment on the front deck and rear patio area <br /> City Council Minutes Page 7 of 15 September 1, 2009 <br />