PC 062415 - Laserfiche WebLink

b. P15 -0331. Rex and Jean Shoemake Application for Administrative Design Review approval to construct an approximately 324 - square -foot, 14 -foot tall detached patio cover in the rear yard of the property located at 5082 Crestwood Court. Zoning for the property is R -1 -6,500 (One - Family Residential) District. Adam Weinstein, in Natalie Amos' absence, presented the staff report and described the scope, layout, and key elements of the project. Commissioner O'Connor inquired if the Noise Ordinance of the Municipal Code also governs noise created by human voices at 60 dBA as it does for amplified noise. Mr. Weinstein replied that he thinks that generally speaking, human voices are not governed by that standard. Commissioner Balch referred to the case of the Masons. Mr. Weinstein agreed that this was an issue that came up in the case of the Millers and the Masons. Commissioner O'Connor stated that this also came up in the discussion of the play area behind Raley's. He recalled that the Commission was very concerned about human voices, and it was one of the reasons the application was denied. Mr. Weinstein stated that there has been a debate about the language of that specific provision in the Municipal Code, and generally speaking, human voices had been excluded from that threshold. He noted that things like televisions, dogs barking, lawn mowers, leaf blowers, and those sorts of things could exceed that threshold, but not human voices. Commissioner O'Connor stated that the reason he asked is because when the Municipal Code says that "no person shall produce ..." it then says, "or allow to be produced by any machine..." so it sounds like if that latter phrase is removed, it does say "no person shall produce on residential property any noise levels...... He inquired if human voices congregating are a concern of the neighbors. Ms. Harryman stated that she does not actually know how Pleasanton police officers interpret this and how they enforce it. She indicated that this fortunately does not come up often. She noted that she could read this either way, for example, if it had another comma elsewhere, and would then have a more definitive answer; but like the Commission, she is struggling with whether human voices alone are enough. She further noted that she read it one way the first time and then read it more closely and read it the other way. Commissioner O'Connor inquired if the clause would be governed by how the Pleasanton Police Department enforces it. PLANNING COMMISSION MINUTES, June 24, 2015 Page 48 of 54