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Commissioner Pearce stated that she does not think this needs to be widely noticed because the Guideline has been widely noticed. Commissioner Narum agreed. She noted that she thinks it is positive to actually have businesses into these Guidelines. Commissioner Pearce inquired if staff is comfortable with recommending a larger Transition Area and keeping the 74 dBA as opposed to reducing the level to 70 dBA and having a smaller Transition Area. Ms. Ott said yes. Acting Chair Blank brought up the issue about the use of "may' versus "shall." Ms. Harryman stated that the PMC amendment before the Commission says: "A re- review of the Conditional Use Permit by the Planning Commission shall only occur if there is a violation verified by enforcement staff." Acting Chair Blank stated that page 16 of the Guidelines says "The use may be presented to the Planning Commission for subsequent review and public hearing if a violation verifiable by enforcement staff such as Code Enforcement or the Police Department." Ms. Harryman stated that staff will update the Guidelines and have it say "shalt' so it is consistent with the Code document. Acting Chair Blank stated that there is still the issue of what is a "verifiable violation. Commissioner Narum stated that she is still a little uncomfortable with the implementation of a verifiable violation and its coming before the Planning Commission. She noted that everybody can make a mistake, and the Commission could be having multiple meetings dealing with verifiable violations. Commissioner O'Connor suggested having a repeat offender — two or three times as opposed to only once — coming before the Commission, especially if violators are not going to be let off the hook without a warning. Acting Chair Blank stated that in that case, a more robust measurement and methodology is needed, not in terms of the decibels, but in terms of issuing a warning for a first violation and a second one getting referred to the Commission. Commissioner Pearce stated that she was not initially in favor of the flexibility but she now thinks that she would like to have a conversation about first -time business offenders of, say, 75 dBA for a short time or 100 dBA for a really long time. She indicated that she would like to be able to keep the flexibility in the document, but the Commission needs to get the information, like it has done with other businesses. PLANNING COMMISSION MINUTES, November 14, 2012 Page 15 of 31