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11:30 a.m. to 1:00 a.m., Fridays and Saturdays, and 11:30 a.m. to 11:00 p.m. on Sundays. The <br />restaurant/bar would also remain open until 1:00 a.m. on New Year's Eve each year. The <br />outdoor dining area in the elevated rear patio of the building would close at 9:45 p.m. daily and <br />the outdoor dining area on the eastern side of the building would close at 11:00 p.m., Sunday <br />through Thursday, and 1:00 a.m. on Fridays and Saturdays. The full menu would be available <br />from opening until 10:00 p.m., Monday through Saturday, and until 9:00 p.m. on Sundays. The <br />applicant would have limited food service available until closing. Live bands or DJ music and <br />dancing are proposed on Friday and Saturday nights starting at 9:45 p.m. and ending at 1:00 <br />a.m. <br /> <br />Please refer to the attached Planning Commission staff report, dated December 8, 2004, and the <br />applicant's plans and written narrative for additional information on the proposed use. <br /> <br />PLANNING COMMISSION ACTION <br /> <br />The Planning Commission held a public hearing on December 8, 2004, to review the subject <br />application. Detailed information on this meeting is provided by the attached draft excerpts of <br />the Planning Commission minutes. After hearing all public testimony, including residents and <br />Downtown business owners speaking for and against the use, the Commission approved the use <br />permit application on a 3-1 vote. The Commission reduced the Monday through Thursday <br />closing time by one hour, from 1:00 a.m. to 12:00 midnight, and required that the eastern <br />outdoor dining area close at 11:00 p.m., Monday through Thursday. In addition, the <br />Commission indicated that the applicant could remain open until 1:00 a.m. on New Year's Eve <br />each year. The dissenting Commissioner felt that the use was acceptable, but that the business <br />should close at 11:00 p.m., Monday through Thursday. <br /> <br />DISC USSION <br /> <br />Staff is sensitive to the potential land use conflicts in the Downtown between existing residents <br />and commercial uses which may have "spill-over" effects on those residents, such as traffic, <br />parking, noise, or similar issues. In evaluating use permits which have potential impacts, staff <br />has looked carefully at the specifics of proposed operations and has tried to achieve a balance <br />between maintaining a reasonable quality of life for Downtown's residents and the objective of <br />having a successful Downtown that accommodates a variety of businesses and activities which <br />draw people to the area both during the day and at night. In this case, the applicant would like to <br />bring a quality nighttime eating and drinking establishment to the Downtown, and staff and the <br />Pleasanton Downtown Association believe that locations on Main Street or on side streets near <br />Main Street are appropriate places for such establishments. <br /> <br />Staff believes that the Planning Commission's conditions of approval would ensure that the <br />surrounding uses are not impacted due to noise, parking, litter, or other objectionable influences. <br />For example, the conditions of approval require that the doors and windows of the establishment <br />remain closed and that the doors be self closing, that the rear outdoor dining area close at 9:45 <br /> <br />SR:05:023 <br />Page 3 <br /> <br /> <br />