2005-05-12 TMOYLAN - Laserfiche WebLink

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SPRINGER:Mr. Gallagher, please. Do you have any other comments, Mr. Moylan? Commissioner Siracusa, any follow up? SIRACUSA:No. Thank you. SPRINGER:Commissioner Salavea. SALAVEA:For Mr. Moylan, regarding the noise, the decibels, did the Department of Health come out and measure the levels while you were in, you know, full regular operation? MOYLAN:No, they havent yet. SALAVEA:They havent. YUEN:IfIcouldcommentonthat.TheDepartmentofHealthwill,inan agricultural area the noise, the acceptable noise level is quite high. Its 70 dba in the daytime and 70 dba at night. Now thats just numbers, it doesnt mean any to -. Believe me, that is loud. And so on our side in recommending approval of a non-agricultural special permit, we would want to hold it in an area where there, there are people who live there, they live there. Its not just a farming area even though its in the agricultural district. There are a lot of people who live there; and for most people who live there, the primary interest is a residential. So we would have a stricter standard. Now if we put this standard in there, the Department of Health is not going to enforce that. My inspector would have to, if there was a complaint that the noise is too loud, my inspector would have to go out and check on the noise level. PAWU:Thank you, Mr. Director. ALAMEDA:And then along those same lines, Madam Chair, what the Director is saying, that with any neighbor, the noise, say if this wasnt even going through a special permit process, if it went above 70 dba then they would go through the other channels. They wouldnt call the Department to respond, correct, they would call the cops or something? YUEN:The Department of Healths noise enforcement is, I have to say is pretty spotty; and they dont, especially for intermittent types of events, they dont really get out and enforce it that much. So the other level of enforcement on noise is nuisances. And so, for example, if somebody has a really loud party, they have a band that practices every day, you can call the cops, and the cops will come out and they can cite that person for a nuisance. So thats your other recourse on something like that. But it has got to be pretty loud for the police to feel that its something that theyre going to get into. ALAMEDA:Thank you. SPRINGER:Youre welcome. Commissioners, any other questions for this testifier? And were still on Mr. Gallagher. SIRACUSA:Yes. 19EXHIBIT B