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06 ATTACHMENT 5
City of Pleasanton
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06 ATTACHMENT 5
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/20/2016
DESTRUCT DATE
15Y
DOCUMENT NO
06
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06
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\CITY CLERK\AGENDA PACKETS\2016\092016
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Nelson Fiaiho <br />May 23, 2013 <br />Page 2 <br />The Lodge was built and operated pursuant to the terms of the CUP without any <br />major dispute for more than thirty years. However, in February of 2008, the Lodge's <br />neighbors to the north, Michael and Darlene Miller ( "Millers "), initiated a complaint <br />with the City to the effect that the Lodge was being operated in a manner <br />inconsistent with the CUP and the Municipal Code. In 2009, the matter was initially <br />brought before the Commission, but no action by the Commission was ultimately <br />taken. <br />Much of the Millers' complaint appears to relate to the use of the Lodge in its patio <br />and yard area, including Tight and noise purportedly stemming from non -Lodge <br />events held on the property. There have been a number of assertions that the CUP <br />prohibits or limits such usage. However, it is clear from the terms of the CUP itself <br />that no such limitations actually exist.' <br />Over the past several years, the Lodge and City staff have spent significant <br />amounts of time, energy and funds in attempting to reach an amicable resolution. <br />These efforts have included multiple meetings with the Millers, which resulted in <br />several proposals from the Lodge, all of which the Millers rejected.' While it is <br />unfortunate that the Millers will not work with the Lodge and City to resolve the <br />underlying issue, the Lodge is willing to comply with the measures set forth below as <br />further evidence of its good faith desire to coexist peacefully with its neighbors. <br />B. Proposed Remedial Measures <br />The Lodge will voluntarily implement the following protocols to avoid any future <br />problems with the usage of its property under the terms of the CUP. S <br />3 The Millers have specifically complained about the existence of a door in the <br />north side of the Lodge building leading out to the adjoining patio area. However, as <br />the Commission has itself noted, that door cannot be eliminated as it is required for <br />emergency exit purposes. <br />' As reflected in an email dated December 31, 2012, the Millers continue to <br />mischaracterize the Lodge's efforts and stymie attempts at reaching a mutually <br />agreeable solution to the dispute. <br />S The Lodge is willing to abide by these measures in order to resolve the <br />Millers' complaints with respect to its operations. Insofar as the Millers do not <br />accept the Lodge's good faith efforts, it expressly reserves all of its rights under the <br />terms of the CUP as well as its right to cease implementation of any or all of the <br />remedial measures set forth herein. <br />PLMC1498851893607.4 <br />
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