06 ATTACHMENT 5 - Laserfiche WebLink

Attachment #2—Violations of Current Codes (Also see attached letter from Attorney Stu Flashman) • General Plan The Masonic Lodge property is designated in the general plan as "public and institutional." - VIOLATION U8: Commercial businesses such as catering companies or private commercial banquet facilities are not "public and institutional" which Mr. Dolan, in a 2011 letter states as, "a school, a church, and other similar uses." (Note: furthermore, since the Pleasanton Masonic Center is now a for - profit company, see Violation #12 below, it is not "public and institutional. ") VIOLATION #9:. Mr. Dolan states in a letter to the EV Free Church; "California state law- clearly directs the City to defer to the General Plan designation when there is a conflict between the general plan designation and the zoning of the property." That is, the General Plan has priority. • Zoning Codes The Masonic Lodge property is designated as RM -2500, which is Multi- family Residential. "Private noncommercial clubs and lodges" (such as the Masons) are allowed in RM -2500 zoned area because of zoning code 18.36.040 —See Table 1 below. TABLE 1: Zoning code 18.36.040 lists the conditional uses in RM Multi - family Residential districts as: A. Charitable institutions E. Lodging houses 1 Private schools M. Accessory structures 8. Churches F. Motels (only In RM- 1,S00) 1, Private noncommercial N. Home occupations clubs and lodges C. Golf courses G. Nursery schools K. Public utilities O. Day we facilities D. Hospitals H. Private recreation parks and swim dubs L. Trailer parks P. Small bed & breakfasts - VIOLATION 1#10: Catering companies are only allowed in commercial districts CR, CN, CC, and CS. Catering companies are not allowed in RM -2500 (see Table 1 above). - VIOLATION #11: The City violated case precedent— twice, in both 2000 and 2005, the Masons requested a use variance for a catering co. and were turned down by City Planners. VIOLATION #12: The Pleasanton Masonic Center has lost its tax exempt status, its non- profit corporate status, and its Pleasanton business license as an exempt- non - profit and therefore is now a for - profit company managing the revenues from the catering company and banquet facility. Therefore, it is no longer "noncommercial" as required by the codes. - VIOLATION #13: Commercial banquet facilities are not allowed in RM -2500. • Public Notice The planning commission must hold a public hearing for applications and variances to use permits. - VIOLATION #14: The Planning Department, without any public notice or hearing, granted the Mason's request for both the catering company and the building improvements, twice violating the due process rights of the citizens of Pleasanton. Page 8 of 18