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- Kendra Buchspics, 6114 Hansen Drive, advised that she is a patron of Toby's Bar and Grill and that she likes being able to have a place where she can have something nice to eat, enjoy nice music, and visit with people. She stated that Toby's does not have a nightclub environment, and it is nice to have a place to go to relax and enjoy the music. Michael O'Callaghan, 125 W. Neat Street, confirmed that the Planning Commission has had the opportunity to read Mr. MacDonald's letter. He stated that he reinforces the comments in Mr. MacDonald's letter. He noted that he has some problems with the process, rather than the specific issues. He stated that he hopes that the Planning Commission doesn't try to govern the Downtown based on the most stringent scenario. He advised that his office is approximately 250 feet from this establishment and when he has walked from his office to the restaurant when the music is playing he cannot hear it until he is about 50 feet from the restaurant. He noted that there is no discussion in the staff report about the possibility of people being hypersensitive to the music. Mr. O'Callaghan noted that the viability of the Downtown is his primary concern. He stated that he would like to see the hours extended. He advised that he does not feel noise is the problem, but that the complaints are the problem. He reported that he is in favor of keeping the present conditions as a compromise. He suggested reorienting the location of the band and the possibility of installing some acoustical materials. /""' Kendra Convery, 4536 First Street, stated that she doesn't feel she is demonstrating an over- sensitivity to noise and that she can hear the music when she is inside her house. She advised that she wants the business to be successful, but the establishment is a very different scene from the family restaurant atmosphere. She commented that the houses on First Street are a neighborhood like other residential neighborhoods in Pleasanton. She noted that the situation has proven that as it is currently set-up there is a lot of misinterpretation and a lot of mistakes. In reply to an inquiry from Chairperson Maas, Ms. Convery stated that she would be receptive to a meeting to discuss how this matter could be resolved. THE PUBLIC HEARING WAS CLOSED Commissioner Maas stated that she would like to refer this matter back to the neighbors who are involved and suggested that they meet with the owners to see what can be worked out. She advised that she would be happy to meet with them as a representative of the Planning Commission, and that she would prefer this method, rather than the Planning Commission attempting to make modifications to resolve the concerns. Commissioner Roberts questioned whether it might be possible to do some type of physical sound dampening or noise baffling, such as double sheet rock, and keeping the door closed. Commissioner Sullivan stated that he agrees with the idea of having the parties meet, but he somewhat disagrees with not having the Planning Commission address the matter, as the Planning Commission conditioned the use permit to be returned to them if the music was too loud and if there was a problem with the neighborhood. He advised that it has come back to them because there is a problem, even though it may be a problem with perception or just a few - PLANNING COMMISSION MINUTES May 22, 2002 Page 7