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revenues from the fraternity dues. Therefore, the fraternity is no longer a "private noncommercial club or lodge" as required by the zoning codes. o The catering company and party venue violate the zoning codes The fraternity is located in a RM -2500 zoned area. Zoning code 18.36.040 lists the conditional uses for the RM 2500 districts which do not include catering companies or party venues. Furthermore, there are additional zoning codes specifically for catering companies, which restrict catering companies to commercial districts. Additionally, since the catering company and party venue are managed and reported on the PMC's tax return, and the PMC has lost its tax exempt and non- profit statuses, the catering company and party venue are now for - profit companies, which are not allowed in a RM -2500 district. 7. The noise codes are currently being incorrectly interpreted by the City The current City's interpretation of the noise codes does not include voices. (See Attachment #7.) This was brought to light when the Millers filed a noise code enforcement with the City against the Masons. The Millers' sound engineer believes that the City's current interpretation of the code is incorrect. He states that any logical reading of the City's noise code would include human voices. He further states that no other city in the Bay Area exempts human voices but rather that other cities in fact have stricter codes regarding human voices. Furthermore, Planner Donna Decker obviously did include voices in the codes as she states in a March 10, 2009 email to the Millers, "The [sound] measurement would be from a structure. What that would mean in terms of sound from a band orpeople attending a function, it would be measured 25 feet from the structure." Because the noise codes do not currently include voices, it is imperative that the City not locate businesses in residential neighborhoods. Businesses like the Masons' catering company and party venue have a profit motive to hold parties with larger quantities of people and greater number of parties than a normal neighbor. The noise from voices alone from large numbers ofpeople (the capacity of the lodge is 600) can be deafening creating an extreme noise nuisance. and vet neighbors have no protection under the codes since voices are not included. This is an excellent example of the problem the City created by allowing the Masons to expand activities into the backyard, which resulted in an extreme noise nuisance for neighbors. 8. Attachments Attachment 1. The City's Errors & Omissions in the Jan. 28, 2015 Staff Report Attachment 2. Violations of 1977 Regulations Attachment 3. Violations of Current Codes Attachment 4. Young Ivy Academy Attachments 5 and 6. Flyers the Miller's provided at political meetings. Attachment 7. Letter from the Millers' sound engineer, Derek Watry Attachment 8. Letter from the Millers' attorney, Stu Flashman 2