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<br />- <br /> <br />music on Thursdays and Saturdays. He added that the building and business owners felt that the <br />Downtown is intended to be an active area and that live entertainment was necessary to maintain <br />the viability of both the business and the Downtown; moreover, they pointed out that a small <br />group of neighbors should not influence what goes on in the Downtown as a whole. <br /> <br />Mr. Iserson also noted that the staff from the Building and Safety Division indicated that instead <br />of mitigating noise, the structure of the building amplified it, and mitigation measures such as <br />modular panels and mobile devices used in recording studios to absorb the sound and vibrations <br />may not be very expensive. He stated that one of the Building Inspectors also went to vicinity on <br />an evening that the band was performing and measured the noise level at the residential front <br />yards, which ranged from 64 to 78 decibels with traffic and 50 decibels without traffic. He noted <br />that while the Noise Ordinance allows 60 decibels at the property line and police officers called <br />to the site indicated that the noise level was not excessive, 45 decibels could prove to be a <br />nuisance at night when neighbors want some quiet to sleep. <br /> <br />--- <br /> <br />Mr. Iserson stated that a second neighborhood meeting was held in September, at which time the <br />business owner indicated that due to financial constraints, she would not be able to install the <br />mitigation measures proposed. Mr. Iserson continued that further noise mitigation measures <br />were recommended, including the installation of a self-closing mechanism for the patio door; <br />however, it was realized that further meetings would not be fruitful given the business owner's <br />limited resources. Mr. Iserson stated that the meetings concluded without any formal agreement <br />or compromise; nevertheless, the group had laid the framework for a resolution to the problem. <br />Mr. Iserson indicated that the Sergeant Darrin, Davis, Senior Code Enforcement Officer, <br />inspected the business today and noted that the self-closing door mechanism had been installed. <br /> <br />Finally, Mr. Iserson commented on the nature ofland use interface in the Downtown, with the <br />City's goals to encourage a thriving, vibrant, and diverse Downtown commercial area and the <br />General Plan's policies to protect the neighborhood and its character by minimizing impacts such <br />as noise and parking on it. He stated that the City tries to condition businesses so that negative <br />impacts do not affect the neighborhood and added that while Downtown's immediately adjacent <br />neighbors benefit from being in the Downtown, these same neighbors should nonetheless be <br />afforded a peaceful and quiet atmosphere. He advised that the Pleasanton Downtown <br />Association is aware of the issues and its Executive Director, Pam Stoddard, was supportive of <br />the neighborhood group process since both business and residents are constituents of the <br />Downtown; however, it has not taken any formal position or given any formal recommendation <br />on the matter. <br /> <br />Mr. Iserson then presented the four following options for the Commission to consider: <br /> <br />1. Take no action. This is not recommended because it would not resolve the problem, and <br />what is allowed or not would remain unclear. <br /> <br />- <br /> <br />2. Modify the use permit with respect to the operational time oflive music as well as the <br />type of music to be allowed. This is not recommended either because of the <br />disagreement between the neighbors and the business owner over the issues. Mr. Iserson <br />noted for the record that the statement in the staff report regarding the addition of a <br /> <br />PLANNING COMMISSION MINUTES <br /> <br />November 13, 2002 <br /> <br />Page 10 <br />