PC 052202 - Laserfiche WebLink

--- r- Kirstie Chadsey, the co-owner and general manager of Toby's Bar and Grill, noted that it is their goal to have a successful, profitable business in the Downtown Pleasanton area, and they do not want to be a nuisance to any of their neighbors. She reported that she feels she goes above and beyond in trying to make sure the music is not annoying to the neighbors. She noted that all of the windows are kept closed when the live music is playing. She advised that on average the live music does not begin until 9:30 p.m. or 9:45 p.m., so the dinner patrons are not disrupted. She advised that she sent a flyer to the residents living in the neighborhood, introducing herself as the new co-owner and manager of the restaurant, and providing telephone numbers so that they could reach her ifthere were any concerns. She noted that numerous residents came in to the restaurant and they indicated that they did not have any problem with the noise. She advised that the outside patio area and the live music on Friday and Saturday nights are two of the restaurant's largest draws right now. She further advised that any alterations to what they are currently doing could potentially cause some very difficult financial hardships and impair their ability to do business. She noted that the music does not play after midnight, and she has been monitoring the situation very closely. In response to an inquiry from Commissioner Sullivan, Ms. Chadsey advised as to the kind of music that is played, noting that the music is not rock or heavy metal that has a lot of base. She clarified that the bands have amplifiers, but only a small corner of the restaurant is used to set up the band and the space is limited to about three people. She advised that the last call is at 11 :45 p.m., and the music is off at midnight. In response to a question from Chairperson Maas, Ms. Chadsey advised that after distributing the letters she received one phone call from someone who indicated that they were doing a great job. She further advised that she did not receive any phone calls voicing complaints about the music when it was playing. Commissioner Kameny asked when the days and times that the music was originally allowed was changed to the current operation. Mr. Iserson clarified the intention for live music was originally represented to staff during the processing of the conditional use permit, but the days and hours for when live music would be allowed were never a condition of approval. Bob Convery, 4536 First Street, noted that he is asking for complete revocation of the use permit. He stated that when they purchased their home they understood that there would be some additional noise due to its proximity to the Downtown area. He further stated that when they purchased their home there was no nightclub across the street, and he does not feel that a nightclub is compatible with their neighborhood. He noted that he has a videotape of the rap concert that took place at Toby's and it is very clear that the establishment is a nightclub. He requested that the tape be shown to the Planning Commission. He advised that he talked to a staff member when the original conditional use permit application was being considered, and he indicated at that time that he would support the application ifthe porch closed at 10:00 p.m. and that there would be no amplifiers. He reported that porch is not used for quiet conversation, but is used to get outside from the music, for smoking, and to talk loudly. He noted that the music use is not what was originally represented. He further noted that they have not complied with any of the restrictions and that the applicant did not even adhere to the IS-day appeal period that PLANNING COMMISSION MINUTES May 22, 2002 Page 5