PC 111412 - Laserfiche WebLink

Ms. Ott said yes Acting Chair Blank inquired if it would be considered a verifiable violation, if, in response to a noise complaint, the Police measured the noise level at 80 dBA. Ms. Ott said yes. Acting Chair Blank expressed concern that a business owner with a verifiable violation who apologizes, turns down the volume, and says it will not happen again would be let off with a warning, while there is the neighbor or the person who has lodged the complaint. He indicated that the decibel readers carried by law or code enforcement officers should have audible sound meters; otherwise, staff should come up with a better language. Commissioner Narum stated that she is more concerned that the language says a verifiable violation may be referred to the Planning Commission. She indicated that it should say that a verifiable violation will be referred or should be referred. Commissioner Pearce noted that given the sensitivity to this issue within the Downtown community, the Commission should talk about ways of tightening that language up. Commissioner Narum stated she did not want just threats that it will come back to the Commission. She added that she did not think the language is specific enough to address a legitimate complaint. Commissioner O'Connor was also concerned that a repeat violation would be considered a first violation because the violator was let off the first time without a citation. Commissioner Pearce agreed. Commissioner Olson inquired where the teeth are in this, from the standpoint of the complaining resident as well as that of the business owner. Ms. Ott replied that these standards are included in the Pleasanton Municipal Code and, therefore, are enforceable parts of the Guidelines. Acting Chair Blank referred to the phrase "to the best of their abilities" and inquired if the courts interpret that as "best efforts." He further inquired if this exposes businesses to an incredible amount of liability. Ms. Harryman replied that there is no legal definition for those terms. She explained that the courts would weigh that language, try and analyze the facts and circumstances, and decide whether or not the party did use "best efforts." PLANNING COMMISSION MINUTES, November 14, 2012 Page 8 of 31