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3. MEETING OPEN FOR ANY MEMBER OF THE AUDIENCE TO ADDRESS THE PLANNING COMMISSION ON ANY ITEM WHICH IS NOT ALREADY ON THE AGENDA r- Therese Pimentel, 6026 Audrey Court, stated that she lives in the Val Vista neighborhood and has a complaint about the conditional use permit for the Marquee Bar located at Hopyard and Inglewood, because of the noise generated by this use. She advised that she has spoken with Mr. Swift about this issue and the Code Enforcement has been sent to the site. She reported that because the decibels do not exceed 65 in her yard there is not a lot that can be done about the problem, but the noise is at 40 decibels on Thursday through Sunday nights and the noise is outrageous. She requested that this matter be reviewed. In response to an inquiry from Commissioner Roberts, Mr. Swift advised that this use operates under an on-going conditional use permit of a prior owner-operator. Mr. Swift reported on the action that has been taken thus far by the Code Enforcement Officer, noting that the noise is still an issue. He advised that the noise is not a loud noise issue, but rather a bass vibration. Mr. Swift advised that the Code Enforcement Officer will be contacting neighbors in the area to determine if this is a problem for them. He described the possible action that would need to be taken to address this matter. He advised that staff will be in contact with the owners of the business and if it cannot be resolved, this matter would come before the Planning Commission. Acting Chairperson Sullivan advised Ms. Pimentel that he is confident that staff will follow through on this matter, but if it is not resolved to her satisfaction she should come back before the Commission or contact staff. .- 4. REVISIONS AND OMISSIONS TO THE AGENDA Items5.b., PUD-15, Bay Area Self-Storage/Michael Walsh, was continued to the November 14, 2001 meeting. 5. MATTERS CONTINUED FOR DECISION a. PUD-98-07-01/PUD-16, Applied Biosystems Application for (1) a modification to an approved Planned Unit Development (PUD-98- 07) to increase the maximum permitted building height from 48 feet to 50-1/2 feet; and (2) final development plan approval for a 960,000-square-foot office and research campus located at 6001 Sunol Boulevard (former Kaiser Aluminum and Chemical Corporation property). The project would be developed in two phases. Zoning for the property is PUD - I (Planned Unit Development - Industrial) District. The Planning Commission will also consider the negative declaration prepared for the project. Brian Swift presented the staff report, providing information on the background of the project and an overview of the proposed modification to the PUD to increase the allowable height of the building as defined from the ground to the parapet by 2-1/2 feet. He noted that staff does not believe the height increase as proposed is detrimental to any of the neighbor's views across the site to the Pleasanton Ridge, and, therefore, staff supports the PUD modification. He further ~ PLANNING COMMISSION MINUTES October 24, 2001 Page 2