06 ATTACHMENT 5 - Laserfiche WebLink

Attachment #4— The City's justification of the code violations via "accessory use" is not valid The City is overriding zoning codes with Accessory Use Provision 18.08.595, which states: • "'Accessory use means a use which is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use." • That is, the "accessory use" provision allows exceptions qualified by "appropriate, subordinate and customarily incidental." The "accessory use" provision is invalid because: Case law conflicts with the City's- decision A. There is case law in Los Angeles with another Masonic lodge in which the court decided that commercial activities in a residential zone do not constitute an allowable (i.e., accessory) use and ordered that the Masons cease and desist commercial activities. "Appropriate, subordinate & customarily incidental" conflicts with the City's use B. A catering company and banquet facility are not an "appropriate" use for a Masonic Lodge whose primary function is non -profit meetings for members only. That is, how do loud parties with alcohol support the Masons' primary function of holding meetings to impart moral teachings to its members ?' (See the Masons' website.) Furthermore, the Los Angeles court, as detailed above in "A :, upheld that the mere fact that the funds collected might eventually help support an allowable use did not convert the commercial use of the property from a nonconforming use into an allowable use. C. A catering company and banquet facility is not a "subordinate" (of lesser importance) and "customarily incidental" (not a major part of something) use for a Masonic Lodge when the revenues and hours of use for the catering company and banquet facility far outweigh that of the Masonic use. Commercial revenues are 2 to 4 times the revenues from member dues (estimated from tax retums –see Attachment 3), and commercial hours of use are 96% of total hours versus 4% for member meetings (estimated by the Millers–see the next,paae). That is, the catering company and banquet facility are the major use of the lodge, which has overtaken the use of the lodge for member meetings. (Should we change the name from the Masonic Lodge to the Masonic Catering Company and Banquet Facility ?) ' No one is safe—this has wide- reaching implications for residents 0. The interpretation of 'accessory use' used by the City would allow a church to open a furniture store and a school to open a car repair shop. E. If the City's interpretation of accessory use holds, no Pleasanton resident is safe who lives near a church, school, private lodge, etc. This has wide reaching implications for the residents of Pleasanton. But more importantly, this issue has exposed the philosophy of the current Planning Department, which is the exact opposite of the Planning Commission in 1977 as well as past planners in prior years—who were pro - neighbor. Today it is the Millers' fight with the Masonic lodge, but tomorrow who knows how the current Planning Department's philosophy will impact citizens of Pleasanton. . And finally, Mr. Dolan's own words, in a 2011 letter to the EV Free Church, would instruct the City to not apply the accessory use code in a way that conflicts with the General Plan. Page 10 of 18