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06 ATTACHMENT 5
City of Pleasanton
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06 ATTACHMENT 5
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11/30/2016 1:07:49 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/20/2016
DESTRUCT DATE
15Y
DOCUMENT NO
06
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06
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\CITY CLERK\AGENDA PACKETS\2016\092016
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THE CITY OF <br />LE ASANTON <br />November 26. 2013 <br />Mike & Darlene Miller <br />Bryce Canyon Ct. <br />Pleasanton, CA 94588 <br />Dear Mr. & Mrs. Miller and Mr. Keen, <br />Kevin Keen <br />GO Pleasanton Masonic Lodge <br />3370 Hopyard Road <br />Pleasanton, CA 94588 <br />This letter is to respond to the Miller's complaint received by the City on November 12. 2013 <br />regarding the outdoor use of the backyard area of the Pleasanton Masonic Lodge on Sunday, <br />November 10. 2013 about 4 pm. The complaint alleged the outdoor space was being used for a <br />children's birthday party and that the noise created by the children's voices violated the City's <br />noise ordinance since the Miller's measured the children's screams at 79 dba. The complaint <br />also alleged a violation of the Conditional Use Permit in so far as the outdoor space was being <br />used for an event. <br />I spoke to Kevin Keen, the current Lodge President, who contends the indoor lodge space was <br />being used that day by a group of women to do quilting, and that it was their children who had <br />gone outside to play. No part of the lodge was rented and there were no organized outdoor <br />activities. He further stated that children playing outside on a Sunday afternoon is not an <br />unexpected or unusual activity in a residential zoning district. <br />Pleasanton Municipal Code section 9.04.030 limits noise created by "machine. animal, device, or <br />any combination of the same, on residential property" to a level not to exceed 60 dba outside the <br />property line. Section 9.04.070 exempts higher levels of these noises during certain hours if that <br />same noise does not exceed 70 dba when measured at a distance of 25 feet from the source. The <br />code specifically prohibits noise created by "machine, animal, device, or any combination of the <br />same" but does not set any limit on non- amplified human voice noise. As such, children's voices <br />measured in excess of 70 dba does not violate the noise ordinance. <br />The Conditional Use Permit (CUP) issued to the Lodge in 1977 does not contain any conditions <br />which prohibit the use of the outdoor areas ot'the lodge property. 1n 2013, the Lodge proposed <br />voluntary measures designed to limit the impacts on neighbors due to events at the lodge. This <br />proposal included item #1e, to not using the patio area for rented events during the months of <br />November through February. According to Mr. Keen, the lodge was not rented for this activity, <br />as many of the families involved on November 10th, are Lodge families. <br />COMMUNITY DEVELOPMENT P. O. BOX 520, Pleasanton, CA 9456 -01102 <br />Planning Building & Safely Engineering Traffic Inspection <br />'co (q,l Rrttial V1• . 20() ()1(1 I10t1.16 O41 Itelltdt .1% 'I)f) ( )1+1 140111 1I 1 +' 1 +•' 1\1.1/11 '1111 .•I <br />')';I'1 i1 ;WO " {!i +'It 'i:'Itl .ii+i1) .')')' "" ' ' <br />_ I:{ ,i.,cl 1. +) 111 ,(�tf) <br />I r. '1i1 1;1', 1.1\ '111 i1 )i It\ 'I ' <br />
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