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r Commissioner Roberts asked staff what bars remain open until 2:00 a.m. Mr. Iserson replied that he was not sure but that he thinks Pleasanton Hotel, Union Jack, and Main Street Brewery are open, and they are all inside bars. Ms. Kendra Buchspics, 6114 Hansen Drive, stated that she is a regular at Toby's. She indicated that Ms. Chadsey strictly monitors the noise in the restaurant. She noted that it appears only the business is being asked to make a compromise although both participate in the community and pay taxes. She commented that the economy has changed in the last few years which necessitated a business adjustment to bring revenues in. She requested the Commission to look into the long-term viability of whatever business may be at the site and consider how it may affect Pleasanton in the next 15 to 20 years. Mr. Michael O'Callaghan, 125 W. Neal Street, stated that he is a strong advocate for Downtown businesses. He commented that the many times he has sat in his car with the windows down in front of the Convery's house for 20 minutes at a time, he did not hear the music from Toby's, He added that he has some acoustical experience and has built many acoustical assemblies. He mentioned that the ceiling is workable without sacrificing the integrity of building by stapling black acoustic tiles to the ceiling. He agreed that double-paned windows will not absorb sound unless they are draped and that it would cost only a minimal amount for Toby's to hang some tapestries from the ceiling. He concluded that both neighbors and business owner need to give and take to solve the problem. - THE PUBLIC HEARING WAS CLOSED. The Planning Commission recessed for a break at 9:20 p.m. Chairperson Maas reconvened the meeting at 9:30 p.m. Commissioner Sullivan requested to hear from Commissioner Roberts about her experience of working with the neighbors. ,.-. Commissioner Roberts stated that at the September meeting, she was bothered that the business had not installed the easiest and cheapest mitigation measure - the automatic self-closing device on the door. She stated that she was disappointed that it was not done until the staff report mentioned it because the primary cause of the noise problem was leaving that door open. She mentioned that she understood the business' tight budget and how the owners do not want to invest in tenant improvement. She explained how both the business owner and the neighbors were doing just about what they could to solve the issue without being confrontational. She added that Mr. Hobbie presented some inexpensive solutions like installing plastic sheets over the windows to prevent the sound from escaping. She noted that requiring the business to mitigate noise is not an unusual request because other conditional use permits in the City such as a martial arts school or dance studio have been required to attenuate noise so as not to bother the neighbors and nearby businesses. She expressed disappointment that the acoustical firm did not provide expertise or estimates and stated that it was not the City's role to put money into a business. PLANNING COMMISSION MINUTES November 13, 2002 Page 16