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there are periods when the noise is really loud. There are periods when the noise is not so loud. So that's sort of the basis for our long- standing interpretation that non - amplified human noise does not exceed the thresholds in the noise ordinance. In regard to the Raley's example, that was a really different situation. That was a rare parking area being proposed for conversion into an outdoor play area where no outdoor play area previously existed. And staff's recommendation to deny that application in that situation was primarily based on the fact that the proposal posed safety concerns. The back area in the back of the Raley's shopping center was used frequently for drop -off's and pickups and deliveries so there were big semi - trucks moving back there through that back alley behind the shopping center that we could see potential collisions occurring between those trucks and the fenced outdoor area being proposed. Commissioner O'Connor: That was one of the issues, but we also mentioned the noise which was the second issue. Weinstein: Yes, absolutely. Noise was a problem as well. I don't believe we indicated the noise levels there would exceed the noise ordinance. That wasn't a claim that we made during that discussion, but we acknowledged that just like we're talking about tonight, noise can be an irritant along with activity levels, along with the other things we talked about before like lighting; that even though there wasn't necessarily going to be an exceedance of the noise ordinance, that was a consideration; that noise generation at that location was something worth considering in denying the application. Commissioner O'Connor: The City wouldn't claim that we've never enforced the code against a large party that has too much noise, would they? Weinstein: Yes, so there's another provision that often is enforced in relation to noise and that's disturbance of the peace. That's completely separate from exceedances of the noise ordinance and that's a call that police get often and typically what happens when somebody has a little party in the backyard that disturbs the peace, a neighbor might call the police. The police will come and talk to the neighbor and talk to the person that's generating the noise and seek some resolution. So that's a separate action that's taken independent of our noise ordinance. Commissioner O'Connor: So if that's the case, why does the code enforcement officer not enforce this provision of the noise ordinance? Why haven't they talked to the Mason's when they have these parties? Why do they just say they don't enforce it because it's voices? Weinstein: Our code enforcement officer is here and he can speak to specific examples, but the point I would want to make is that since 2008 City staff have interjected themselves into the complaints that are occurring, the complaints that the Millers are raising about the Masonic Lodge. So back in 2008 and 2009, City staff met with the Masonic Lodge. We sent them letters when we were notified of the big party that was planned to happen to try to get some correction of what was happening and our involvement in the dispute has continued from 2009 on. So I think we have been closely involved. The issues that we've been involved with haven't always centered on EXCERPT: PLANNING COMMISSION MINUTES, June 22, 2016 Page 7 of 52