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In response to an inquiry by Chairperson Roberts regazding the Union Jack, Ms. Kline replied that she had spoken with Jeff Bretzing, Senior Code Enforcement Officer, who stated that there had been police surveillance at that establishment. In response to an inquiry by Commissioner Arkin, Ms. Kline confirmed that the Union Jack had a conditional use permit. Emil Oxsen, 730 Peters Avenue, noted that he lived less than a block away from the proposed business. He noted that unless it was during a warm night, Downtown Pleasanton is nearly deserted afrer 8:00 p.m. He would enjoy have some liveliness in the Downtown and believed this would be a good use. Frances Stone, 422 St. Mary Street, noted that from her yard, she could heaz the patrons in the outside bar area from Fernando's Restaurant. She opposed this project in a residential neighborhood and expressed concern about parking, noise, and loitering. She noted that the garbage trucks were very noisy and added that the music and conversation noise would disturb their quiet evenings. Brenda Sauter, 418 St. Mazy Street, spoke in opposition to this project and noted that she lived close to the site. She believed that the quiet, small-town character of Pleasanton should be maintained and noted that the evenings were the only time they could have any quiet. She expressed concern that patrons would park in front of their home and that the noise would disturb their family's quiet time. Mike O'Callaghan, Pleasanton Downtown Association, 830 Main Street, spoke in support of this application and empathized with the neighbors' concerns. He pointed out that this project was proposed for a Downtown site and added that Pleasanton was no longer a farming community of 17,000 people. He noted that people who lived Downtown would get the noises that accompany Downtown life. He supported a vibrant, energized Downtown and added that the Downtown Specific Plan was created from thousands of hours of hard work by residents of the City. He emphasized that the proposed pub was not the Union Jack Pub and that the Downtown Association has been at issue with the Union Jack Pub. He added that they had formed an action committee to deal with the Union Jack issues. He noted that there were two residences continually call the police, and decibel level reading at the residences by City staff has never been over 50 dBA, which is normal conversational level. He noted that the Downtown businesses needed more foot traffic and added that the Noise Ordinance should be the rule. He noted that the City operated on a complaint basis regarding noise. He would like to see the condition requiring the owner to monitor noise to ensure peace and quiet be deleted, not because the intent is wrong, but because it uses a subjective measure of noise. He believed the objective use of the Noise Ordinance would be a better measure of the City's intent. Mr. O'Callaghan suggested that the front doors be closed only when the live band is - playing instead of being closed all the time. PLANNING COMMISSION MINUTES, December 8, 2004 Page 11 of 19