06 ATTACHMENT 5 - Laserfiche WebLink

are ancillary to Lodge operations. While the Millers suggest that non - Masonic Lodge entities generate a vast majority of the Masonic Lodge's revenue, staff does not believe this financial supposition compromises the characterization of the Masonic Lodge as a noncommercial entity because the Lodge has use characteristics that are common to noncommercial clubs (i.e., relatively low levels of activity on average [but with periodically high periods of activity when special events occur], no regular customer activity, and no goods /service transactions occurring on- site). Thus, the operation of a private Masonic Lodge through the approval of UP- 77-13 conforms to the underlying zoning district. Proposals for modifications to the existing Conditional Use Permit made by the Masons and Millers are summarized below. 2010 Modified Operations Proposed by the Masonic Lodge While waiting for comments from the Millers regarding the April 2010 proposal, the Masonic Lodge started to implement proposed use modifications and the results were positive. The Pleasanton Police Calls for Service Log' showed a decline in the number of calls made in response to activities at the Masonic Lodge, from 28 calls in 2009 to five calls in 2012. Please refer to Exhibit K for call details. 2013 Modified Operations Proposed by the Masonic Lodge via Miller Starr and Regalia To further address concerns raised by the Millers regarding noise, exterior lights, and use of the patio and outdoor areas, the Masonic Lodge, through their legal counsel Miller Starr and Regalia, proposed more detailed operational modifications which encompassed allowable uses, hours of operation, use of outdoor areas, and noise reduction measures. The Masonic Lodge started to implement the measures listed above in 2013 and the results were positive. The Police Department received 17 calls reporting incidents at the Masonic Lodge from January 1, 2013 to May 31, 2016, compared to 44 calls in 2009 and 2010 (see Exhibit K). Letter from Michael and Darlene Miller Received on September 21, 2015 In a letter sent to staff on September 21, 2015, the Millers suggested that the Masonic Lodge conflicted with the General Plan and Zoning Code because the Masonic Lodge allowed the operation of for - profit activities on a site designated for Community Facilities in the General Plan land use map and zoned for multi - family residential uses. The Millers also indicated that the Masonic Lodge violated its Conditional Use Permit because it allowed outdoor activities between the Masonic Lodge and residential uses to the north. In the letter, the Millers requested that the Pleasanton Masonic Lodge comply with the following provisions: o All activities at the Pleasanton Masonic Lodge should occur inside the building; aCommercial entities, including the catering business, should cease operation at the Masonic Lodge; o The areas to the north and west of the Masonic Lodge building should not be used; o The kitchen door on the north side of the building should remain closed; o The double /French door on the north side of the building should be changed to a Sound Transmission Class (STC) rated door to prevent noise coming through the door when music is played in the adjoining dining hall; and Calls for Service Log from the Pleasanton Police Department indicates the number of calls received by the Police Department where the callers used the Masonic Lodge site /address as a location identifier to report incidents. UP -77 -13 Modifications, 3370 Hopyard Road Planning Commission Page 10 of 16