06 ATTACHMENT 5 - Laserfiche WebLink

November 26, 2013 Mike & Darlene Miller 5903 Bryce Canyon Ct. Pleasanton, CA 94588 THE CITY OF LE ASANTON. Kevin Keen C/O Pleasanton Masonic Lodge 3370 Hopyard Road Pleasanton, CA 94588 Dear Mr. & Mrs. Miller and Mr. Keen, This letter is to respond to the Miller's complaint received by the City on November 12, 2013 regarding the outdoor use of the backyard area of the Pleasanton Masonic Lodge on Sunday, November 10, 2013 about 4 pm. The complaint alleged the outdoor space was being used for a children's birthday party and that the noise created by the children's voices violated the City's noise ordinance since the Miller's measured the children's screams at 79 dba. The complaint also alleged a violation of the Conditional Use Permit in so far as the outdoor space was being used for an event. I spoke to Kevin Keen, the current Lodge President, who contends the indoor lodge space was being used that day by a group of women to do quilting, and that it was their children who had gone outside to play. No part of the lodge was rented and there were no organized outdoor activities. He further stated that children playing outside on a Sunday afternoon is not an unexpected or unusual activity in a residential zoning district. Pleasanton Municipal Code section 9.04.030 limits noise created by "machine, animal, device, or any combination of the same, on residential property" to a level not to exceed 60 dba outside the property line. Section 9.04.070 exempts higher levels of these noises during certain hours if that same noise does not exceed 70 dba when measured at a distance of 25 feet from the source. The code specifically prohibits noise created by "machine, animal, device, or any combination of the same" but does not set any limit on non - amplified human voice noise. As such, children's voices measured in excess of 70 dba does not violate the noise ordinance. The Conditional Use Permit (CUP) issued to the Lodge in 1977 does not contain any conditions which prohibit the use of the outdoor areas of the lodge property. In 2013, the Lodge proposed voluntary measures designed to limit the impacts on neighbors due to events at the lodge. This proposal included item #1e, to not using the patio area for rented events during the months of November through February. According to Mr. Keen, the lodge was not rented for this activity, as many of the families involved on November 10th, are Lodge families. COMMUNITY DEVELOPMENT P. O. BOX 520, Pleasanton, CA 94566 -0802 Planning Building & Safety Engineering Traffic Inspection 100 Old Bernal Ave. 200 OIct Bernal Ave. 200 Old Bernal Ave. 200 Old Bernal Ave. 1557 plain Street O251911.56f10 19251 911-3100 (9251 911.5650 (.9231911 5650 025) 911 -36110 Fax: 911 ;-1111 Fax: 91)-1.178 Fix: 911 -5479 F.1x: 911.147') Fix: 911-1481