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DRAFT PCUP-129~ Marl Kennard Application for conditional use permit approval to serve beer, wine, and spirits after 10:00 p.m. (until 1:00 a.m., Monday through Saturday, and until 11:00 p.m. on Sundays) for the Oddfeliows British Pub and Restaurant located at 336 St. Mary Street. Zoning for the property is C-C (Central Commercial) and Downtown Revitalization District. Ms. Kline summarized the staffreport and described the scope of the proposed use. She advised that the Danville Police Department has not reported any problems with the establishment that the applicant operates in that town. Staffbelieves that with the conditions agreed to by the applicant, the project would not have any negative impact on the residences or commercial businesses in this area. Staffrccommended that thc doors and windows of the establishment be closed while live music is playing and that the doors be self-closing. The applicant has agreed to monitor the area outside the business to ensure quiet in the neighborhood. Staffrecommended that the Planning Director look at the business operation, and to ensure that no nuisances were being created, the use could be brought before the Planning Commission, if necessary, for possible additional conditions. The applicant has agreed to use the trash enclosure in the public parking lot in the back only after 8:00 a.m. and before 10:00 p.m. Ms. Kline advised that the Downtown Vitality Committee of the Pleasanton Downtown Association has reviewed the proposal and supports the proposed use. It expressed a desire to have some businesses stay open later on Main Street and the side streets to create a nightlife for Downtown Pleasanton. Staffreceived a number of e-mails, mostly in support of this project. An e-mail was received from a resident on St. Mary's Street behind the condominium complex expressing concern about conditional use permits for alcohol service after 10:00 p.m. Staff believed those concerns had been adequately addressed through the proposed conditions. Staff recommended approval of the project. In response to an inquiry by Commissioner Blank regarding the applicant's monitoring of any noise, Ms. Kline replied that the noise (up to 70 dBA) would be measured at the boundary of the restaurant because it was a comanercial use. Farther down the street, the requirement for residential noise limits would be 60 dBA. She noted that the music would be alternative modem rock. In response to an inquiry by Commissioner Fox whether the outdoor area would be open until 1:00 a.m. on Saturday nights, Ms. Kline replied that Blue Agave has an approval to remain open until 2:00 a.m., with the exception of an 11:00 p.m. closing on Sundays. She added that the project site was set back far enough, and there were no residences nearby. Commissioner Arkin arrived at the meeting during the presentation of the staffreport by Ms. Kline. THE PUBLIC HEARING WAS OPENED. Mari Kennard, applicant, 4959 Blackbird Way, explained the vision of her restaurant in a heritage building and hoped for it to become a Pleasanton landmark. She noted that it would engender the same feeling as in the Danville location and added that more than 60 percent of its DRAFT EXCERPTS: PLANNING COMMISSION MEETING MINUTES, December 8, 2004 Page 1 of 4