14 ATTACHMENTS - Laserfiche WebLink

DRAFT Mr. Otto replied that the comment refers to exemptions from the noise ordinance for limited periods of time for CUPs. He added that CUPs do not have a time limit and run with the land. Commissioner Blank stated that in the past, the Commission had received the opinion [from the City Attorney's Office] that a time limit can be imposed on a CUP and that a CUP can be made to expire even though it runs with the land. Julie Harryman agreed with Commissioner Blank's statement. She clarified, however, that the question was whether or not it was mandatory, and it is not mandatory because the sections do not apply since they are not asking for an exception to the noise ordinance. Commissioner Blank requested clarification that the Commission could place a time limit on a CUP. Ms. Harryman replied that was correct. Commissioner Pentin noted that one speaker stated there were a number of citations, and the staff report indicates that there were complaints but only one actual citation. Mr. Otto confirmed that staff was only aware that one citation was issued. Commissioner Blank stated that he has some baggage on both sides of the equation: one side is that when one does move into a Downtown, there is a certain amount of baggage that comes with it, similar to those who buy houses near airports and then complain about the noise generated by airplanes; and on the other hand, he questioned where it rises above the level of reasonability. He noted that some of the tools he thought the Commission may want to think about is enforceability, ensuring that the City does not look down the road with regret, limiting the number of days music is allowed to five or six days, but not to a specific day to allow flexibility. Commissioner Blank stated that he believes TIPS should be done, and with respect to monitoring, he stated that he does not want to micro manage but thinks one of the things the Commission could require is a monitoring device that would record decibel levels on a paper graph, as directed by the Director of Community Development. He noted that it appears the only time in question would be from 9:00 p.m. to 10:00 p.m.; the recording could be done at random, and if it does not exceed 70 decibels, then there is no issue, but if it does, the applicant would can be given an opportunity to mitigate the problem and return to the Planning Commission. Commissioner Narum stated that the point of taking the readings is that she did not want to create work for the Police Department, so if there is a problem, the Barones can immediately react to it and alert the band. She indicated that she would also like to see staff work with the Barones to record the decibel reading so there is a record to document what was done in case of any complaints. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 8/12/2009 Page 13 of 17