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06 ATTACHMENT 5
City of Pleasanton
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06 ATTACHMENT 5
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11/30/2016 1:07:49 PM
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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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This "opened the door", literally, to the severe noise nuisance of outdoor <br />commercial events, and "Party Central" was born. <br />This morphed a sedate, private meeting place, where all noise was contained inside <br />the building, to "Party Central ", including serving alcohol for a capacity of 600 <br />people. <br />it2: Lease their kitchen out to a commercial catering company, A Tasteful Affair, which <br />operates at all hours of the night also creating a noise nuisance. <br />See Attachment 112 Attachment #2 and the attached letterfrom the Millers' attorney for a <br />summary of how these new uses for the lodge not only violated the 1977 <br />conditions /regulations enforced on the Masons by the City, but also violated the City's General <br />Plan, and zoning codes, including public notice, which violated the due process rights of <br />residents. <br />3. The Masons are a commercial business <br />Also, the Pleasanton Masonic Center, which is associated with the tax ID that manages the <br />revenues of the catering company and party rentals, lost its tax gxempt status, its non - profit <br />corporate status, and its Pleasanton business license as an exempt- non - profit, and therefore is <br />a for -profit company managing the revenues from the catering company and banquet facility, <br />also in violation of zoning codes, which prohibits commercial businesses in a residential zone. <br />Furthermore, the Masons have not reported to the public or IRS the revenues from the catering <br />company and banquet facility for 4 of the past 8 years to demonstrate the public benefit of <br />these monies as required by non - profits. <br />See Attachment 113 for a summary of the Mason's nonprofit status and tax returns from <br />www.Guidestar.org —the website where the IRS posts tax retums for nonprofits. <br />4. How is the City allowing this? <br />The Planning Department is overriding zoning codes and justifying these violations by calling <br />these activities an "accessory use." Most of us would understand an accessory use to be a <br />minor use associated with the main activity. The Planning Department's interpretation, <br />however, allows the tail to wag the dog, with the commercial activities creating the major use — <br />both revenues and hours of use of the building from commercial activities far outweigh those of <br />Masonic activities. Furthermore, the City is ignoring case law precedent in Los Angeles with <br />another Masonic lodge in which the Court decided that commercial activities in a residential <br />zone do not constitute an allowable (accessory) use and ordered the Masons to cease and <br />desist commercial activities. <br />See Attachment #4 for a summary of how the City is applying the accessory use provision <br />incorrectly and the Los Angeles case law precedent —also discussed in the attached letter from <br />Stu Flashman, the Millers' attorney. <br />5. The City's Mistakes <br />Page 4 of 18 <br />
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