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of the past 9 years of war and 33 more since. He invited the public to join Pleasantonians for Peace at a monthly vigil on February 10 in front of the museum on Main Street. PUBLIC HEARINGS AND OTHER MATTERS 7. Continued from January 19,.2010 Public Hearing: PAP -139 Consider an appeal of the Planning Commission's approval of PCUP -257, the application of Mari Kennard to modify the approved Conditional Use Permit (PCUP -129) for the operation of Redcoats British Pub and Restaurant located at 336 St. Mary Street to expand the days /hours for indoor music Associate Planner, Steve Otto, introduced the item, stating that the original Conditional Use Permit (CUP) for Redcoats was approved in ,February 2005. The original CUP allowed indoor music and dancing on Friday and Saturday evenings from 9:45 p.m. to 1 a.m. In November 2009, the Planning Commission approved an application to expand music and dancing hours to include Wednesday and Thursday evenings from 9 p.m. to midnight. Vice -Mayor Thorne appealed the Planning Commission's approval and the matter is now before the Council for consideration. Mr. Otto shared aerial photos of the subject site, noting that surrounding properties include a City parking lot, Fernando's restaurant, office uses and a hair salon, State Farm insurance, and the rear of The Wine Steward. While the boundary between residential and commercial zoning districts generally runs along Peters Avenue, Downtown Central Commercial zoning does allow for residential uses under certain parameters. The closest residential unit is located approximately 30 feet to the east of site at 312 Mary Street and situated above Al's Hair Design. The dwelling is a second floor apartment unit approved in 2005, owned and occupied by Gene and Jeannie Finch, and contains a west facing balcony and bedroom window facing the Redcoats site. Mayor Hosterman said Redcoats is a beautiful newer building, presumably built with the intent to host music and dancing. Mr. Otto confirmed, stating that the original CUP required the applicant to incorporate sound reducing materials on exterior walls and self closing doors into the building design. Director of Community Development, Brian Dolan, said the Planning Commission approved the CUP modification with conditions consistent with staff's recommendation at the time, as well as an additional condition pertaining to additional signage to assist in getting patrons to comply with designated smoking areas. He noted that issues were raised in terms of patrons smoking in front of adjoining properties towards Main Street, creating undue litter and occasional smoke invading the Finch apartment. He stated that the Planning Commission took public testimony and was satisfied that some of the issues generated by the use had been suitably addressed by these conditions and subsequently approved the project. Since that time, staff has had opportunity to speak with other interested parties and feels the recommended approval could be bolstered by several additional conditions. He directed the Council to the memo sent out the previous Friday outlining 2 conditions it recommends be added to the approval. Staff feels the applicant should adhere to a good neighbor policy, meaning the operator and employees must respect the rights of properties and shall, to the best of their ability, ensure patrons' compliance with the City's noise and smoking regulations as well as any other applicable conditions. In addition, the establishment should be responsible for performing flashlight assisted inspections of City streets, sidewalks, entrances and landscaping in front of surrounding City Council Minutes Page 3 of 9 February 2, 2010