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PROJECT DESCRIPTION The applicant's existing conditional use permit allows live and DJ /recorded music and dancing inside on Friday and Saturday nights starting at 9:45 p.m. and ending at 1:00 a.m. The applicant is requesting to have DJ music and dancing inside from 9:00 p.m. to 12:00 midnight on Wednesdays and Thursdays. No other changes to the business operation are proposed. Dancing would be limited to the approximately 16 ft. by 19 ft. dance area shown on the "Music /Dancing Floor Plan" approved with the applicant's original use permit (Exhibit C of Attachment 7). PLANNING COMMISSION ACTION The Planning Commission held a public hearing on November 18, 2009, to review the proposed project. Detailed information on this meeting is provided by Attachment 4, draft excerpts of the Planning Commission minutes (a podcast is also available at the City's web site at www.ci.pleasanton.ca.us). Thirteen members of the public spoke at the hearing (excluding the applicant and her employees) indicating either support or opposition to the application. After receiving public testimony, the Commission approved the application on a 5 -0 vote subject to staff's recommended conditions plus a new condition requiring the applicant install directional signage to the designated smoking area located on the west side of the building. The applicant does not oppose the Commission's modified condition. DISCUSSION The attached Planning Commission staff report dated November 18, 2009 (Attachment 7) provides additional background information and a detailed discussion of the proposed application, including land use, smoking issues, noise, and hours of operation. This report includes supplemental discussion regarding noise monitoring, security, and meetings between staff and an adjacent neighbor. Noise Monitoring The applicant periodically listens to the noise level outside to ensure that the indoor music is not being played too loud. The music will only be played inside the building and sound reducing resilient channels were installed in the perimeter building walls as part of Redcoats' tenant improvements. Also, the doors of the establishment must remain closed except when being used for ingress /egress purposes and the doors have self closing mechanisms. The windows must also remain closed during business hours. Staff had recommended a noise monitoring condition for the recent application by Barone's Restaurant and Council approved Barone's application with this condition. However, the Barone's application was for outdoor music and staff believes Redcoats' indoor music is less likely to generate noise impacts on the adjacent neighbors, particularly at levels which exceed City noise regulations. Staff and the Planning Commission believe that the existing and recommended conditions of approval would adequately address any future noise complaints. For example, if a nearby resident felt that the music was too loud, they could call the police and a police officer would take a noise measurement with a sound meter. If it exceeded the City noise regulations, then the police officer would tell Redcoats to turn down the volume and possibly issue a citation. If noise complaints were to continue, then a Page 3of7