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9. The City staff omitted that the City knowingly placed an extreme noise nuisance next to <br /> residents without protection from the noise codes since the staff's current interpretation of the <br /> noise codes excludes voices. <br /> 10. The City staff omitted that if built anew, a party business and catering company would not be <br /> allowed in a residential area. The planning commissioners in the last hearing asked what would <br /> happen if such a facility would be built anew?That is,would the City allow a commercial party <br /> business and a catering company to be built in a residential area?The answer was, "No." <br /> 11. The City staff omitted Pleasanton's noise ordinance,which states, "It is declared to be the policy <br /> of the city that the peace, health, safety and welfare of the citizens of the city require protection <br /> from excessive, unnecessary and unreasonable noises from any all and all sources in the <br /> community."The noise from outdoor parties from the Masons is absolutely: <br /> a. Excessive(a normal neighbor does not have the frequency of parties or the <br /> quantity of people that a profit driven business will have, and a nonprofit should <br /> not have more than one or two commercial events a year) <br /> b. Unnecessary (not only do the Masons have the inside area for parties, but the <br /> Masons were making a good income before the use of backyard) <br /> c. Unreasonable(noise from commercial businesses is unreasonable in a <br /> residential zone,which is why most Masonic lodges are located in commercial <br /> areas) <br /> 12. The City staff omitted that before granting a use permit, the City must show that the use, as <br /> conditioned, will not be detrimental to the health,safety or welfare or injurious to property. <br /> Both the Millers and their neighbors attested to the detrimental impacts of noise on their lives. <br /> The Millers stated that they are unable to think, read, sleep, and work due to the noise from the <br /> parties. Furthermore,the Millers' sound engineer discussed that unwanted sound is disruptive, <br /> whether or not it is particularly loud—such as a penny rattling on the floor. Disruptive noise can <br /> make people feel angry, irritated and upset. <br /> 13. The City staff omitted that in nine years, the City did not tell the Masons to replace the illegal <br /> glass French doors or stop using the back yard, something the Planning Commission did in a few <br /> hours. <br /> II. ERRORS REGARDING THE USE OF THE BACKYARD <br /> 1. On Page 2,staff states: <br /> "The Masons existing conditional use permit does not contain specific provisions <br /> regarding allowed uses,frequency of uses, and the use of the outdoor area to the north <br /> at the Masonic center." <br /> The Millers'response: <br />