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which is ten feet away from the sports court, in violation of the City's Noise Ordinance. He noted that the City's noise equipment may have been faulty and offered to give staff the testimony and records of the expert witnesses, which would indicate that the installation of sports courts exceeds the City's noise requirements. He added that if these aze not properly sited, sports courts could be a nuisance and have a significant impact on property values. He requested the Commission not to require fencing and lighting as these would create a visual impact as well as give people the ability to play even at night. He stated that the bouncing is very repetitive and annoying that they cannot use their backyazd at all. He noted that the sports court is located only ten feet from the fence, and their PUD requires a 20-foot sideyazd setback for accessory structures. He added that sports courts should fall within the City's guidelines for Class 1 accessory structures because they aze over six feet in height and 80 squaze feet in azea. Mr. Frost suggested that the City require a permit for sports courts and include two questions on the application form: (1) Is this application governed by the CC&R's of the development? and (2) Does the application meet those requirements? He stated that the homeowner who answers yes to those questions could be held responsible for any violation to those guidelines. He urged the Commission to require sports courts to be no closer than 25 feet from the fence line so that the noise and nuisance do not negatively affect the neighbors of their quality of life and their property values. Acting Chairperson Fox informed Mr. Frost that she appreciated his testimony and requested that the report of the expert witnesses and the picture he took be included in the staff report for the Planning Commission hearing on the item. THE PUBLIC HEARING WAS CLOSED. Commissioner Blank indicated that he would not support any Code amendment that would not include any noise limitation and inquired if the noise meter used by staff measured ambient noise rather than peak noise. He expressed concern about lights as well as the enforcement of setbacks if the sports court are already built. He noted that there was too much flexibility in Item 6. and Item 7. of Exhibit A with respect to portable basketball hoops and the description of sports courts. He reiterated that he would not be supportive of anything along this line unless it is redefined in terms of the Noise Ordinance and the ability to properly measure noise as well as to take appropriate action for non-compliance with the Code amendments. Commissioner Peazce agreed with Commissioner Blank's concerns regarding noise levels and setbacks. She recommended a lazger setback than the ten feet from the fence line to provide adequate space buffer for the noise levels, especially since a 100-foot setback is required from the property owner's house. Ms. Decker clarified that the minimum setback was ten feet unless otherwise required or restricted by a PUD. Discussion ensued regarding the location of sports courts with respect to setbacks from the property line. PLANNING COMMISSION MINUTES December 27, 2006 Page 9 of 19