My WebLink
|
Help
|
About
|
Sign Out
06 ATTACHMENT 5
City of Pleasanton
>
CITY CLERK
>
AGENDA PACKETS
>
2016
>
092016
>
06 ATTACHMENT 5
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/30/2016 1:07:49 PM
Creation date
9/15/2016 3:40:43 PM
Metadata
Fields
Template:
CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/20/2016
DESTRUCT DATE
15Y
DOCUMENT NO
06
Document Relationships
06
(Message)
Path:
\CITY CLERK\AGENDA PACKETS\2016\092016
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
215
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Attachment #2—Violations of Current Codes <br />(Also see attached letter from Attorney Stu Flashman) <br />• General Plan <br />The Masonic Lodge property is designated in the general plan as "public and institutional." <br />- VIOLATION U8: Commercial businesses such as catering companies or private commercial <br />banquet facilities are not "public and institutional" which Mr. Dolan, in a 2011 letter states as, "a <br />school, a church, and other similar uses." (Note: furthermore, since the Pleasanton Masonic <br />Center is now a for - profit company, see Violation #12 below, it is not "public and institutional. ") <br />VIOLATION #9:. Mr. Dolan states in a letter to the EV Free Church; "California state law- <br />clearly directs the City to defer to the General Plan designation when there is a conflict <br />between the general plan designation and the zoning of the property." That is, the <br />General Plan has priority. <br />• Zoning Codes <br />The Masonic Lodge property is designated as RM -2500, which is Multi- family Residential. <br />"Private noncommercial clubs and lodges" (such as the Masons) are allowed in RM -2500 zoned <br />area because of zoning code 18.36.040 —See Table 1 below. <br />TABLE 1: Zoning code 18.36.040 lists the conditional uses in RM Multi - family Residential districts as: <br />A. Charitable institutions <br />E. Lodging houses <br />1 Private schools <br />M. Accessory structures <br />8. Churches <br />F. Motels (only In RM- 1,S00) <br />1, Private noncommercial <br />N. Home occupations <br />clubs and lodges <br />C. Golf courses <br />G. Nursery schools <br />K. Public utilities <br />O. Day we facilities <br />D. Hospitals <br />H. Private recreation parks <br />and swim dubs <br />L. Trailer parks <br />P. Small bed & <br />breakfasts <br />- VIOLATION 1#10: Catering companies are only allowed in commercial districts CR, CN, CC, and CS. <br />Catering companies are not allowed in RM -2500 (see Table 1 above). <br />- VIOLATION #11: The City violated case precedent— twice, in both 2000 and 2005, the Masons <br />requested a use variance for a catering co. and were turned down by City Planners. <br />VIOLATION #12: The Pleasanton Masonic Center has lost its tax exempt status, its non- <br />profit corporate status, and its Pleasanton business license as an exempt- non - profit and <br />therefore is now a for - profit company managing the revenues from the catering <br />company and banquet facility. Therefore, it is no longer "noncommercial" as required by <br />the codes. <br />- VIOLATION #13: Commercial banquet facilities are not allowed in RM -2500. <br />• Public Notice <br />The planning commission must hold a public hearing for applications and variances to use permits. <br />- VIOLATION #14: The Planning Department, without any public notice or hearing, granted the <br />Mason's request for both the catering company and the building improvements, twice violating the <br />due process rights of the citizens of Pleasanton. <br />Page 8 of 18 <br />
The URL can be used to link to this page
Your browser does not support the video tag.