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Commissioner Blank commented that this seems a little dangerous because 50 people may decide to come back in front of a business one hour after it has closed up and the owners have gone home; yet the owners would still be responsible for having these people loitering. Ms. Ott stated that was a good point. She explained that the Task Force did not discuss that issue, but conversely, some did not want loitering out in front of the business regardless of whether the business was still open or not, and others felt that having people gather and having some activity out in front of the business while it was open showed vitality and signs of life. Commissioner Blank stated that he understands the intent because there have been issues in front of this Commission where people loiter long after bars have closed. He noted, however, that it is written so broadly that it might be misapplied. Ms. Ott completed the PDA and EVC comments with the recommendations to allow all existing hospitality - related CUPs to be amended at the staff level if they are consistent with the Guidelines and to amend decibel levels to remain at 70 dBA instead of going down to 60 dBA within the Central Core Area in the evening /early morning hours and to remain at 70 dBA in the hospitality zone at all times and on all days rather than have specific timeframes around it. Commissioner Blank suggested that when this item comes back before the Commission, it might be interesting for the Commission as well as the public to have City staff bring a noise generator so people can hear the difference between 60 dBA and 70 dBA. Ms. Ott noted that Task Force had this presentation from a noise consultant at one of its meetings. She then stated that the PDA and the EVC talked about having the PDA prepare an annual report regarding the success of the Guidelines implementation and other interests surrounding that. Ms. Ott then noted the PDA and EVC recommended modifying the Guidelines and the PMC such that approved hospitality - related CUPs in the Downtown hospitality area would be forwarded to the Planning Commission for additional review only if a verifiable violation has been reported to the Police Department or to Code Enforcement. Finally, Ms. Ott indicated that following the Task Force's completion of the document and the PDA's and EDC's review, staff considered whether the recommended Guidelines had any CEQA implications. She stated that staff would like to have the Commission's input regarding what noise standards should be applied for the commercially -zoned residential units in the Downtown, given the City's noise standard in residential areas during the evening hours of 60 dBA decibels and the proposed Downtown Core Area and Transition Area standard of 70 dBA. PLANNING COMMISSION MINUTES, September 12, 2012 Page 12 of 35