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Commissioner Nagler: So whether they remain qualified as a non - profit or not isn't relevant because it doesn't define the activity nor defines the uses to which the building is being put, right? Harryman: I think that's generally true and a fair statement, but if so much time passed and they are really not the Masons or really not a church, and they are just calling themselves that, but they are actually a nightclub or some other type of use.... Commissioner Nagler: Okay. Jenny, in the staff recommendation on the number of hours, you are suggesting the use permit should allow for outdoor activities during the summer months, as I understand it, the recommendation is that it be allowed basically both days every weekend, right? Up to eight days a month. Soo: Eight weekends Commissioner Nagler: Oh, eight weekends during the period. Soo: Its eight weekends in nine months. Weinstein: It's two weekends from March to May, a maximum of four weekends from June to August and a maximum of two weeks from September to October, so it's a total of eight weekends combined over the course of the year. Commissioner Nagler: Thank you. I just read that to be per month. Commissioner Allen: I thought it was per month too, so thank you. Commissioner Nagler: Thank you very much. Commissioner O'Connor: It does say in one of the conditions that the City can approve additional uses and times, correct? Soo: Yes, we have a condition that we could approve, but it depends what it is and it is up to discretion of the Director of Community Development and we could bring that request including activities and hours back to the Planning Commission for review. Commissioner O'Connor: Let me back up to the eight weekends in a nine month period. That's 16 days. If the City feels that these parties are not in violation of the noise ordinance, they're not detrimental to the health and safety of the neighbors, why are you limiting it only to 16 days? Weinstein: I think we recognize that even though noise is not being generated in exceedance of the noise ordinance because human voices don't count in regard to the noise ordinance, we're still acknowledging that noise is an issue for neighbors just like activity levels are, just like lighting is, just like traffic is, just like parking is, so these restrictions aren't just focused on noise. They're focused on overall activity levels. We understand that neighbors are impacted by activity and that includes all of the things I just mentioned. PLANNING COMMISSION MINUTES, June 22, 2016 Page 7 of 56