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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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Attachment #7—Summary of testimony from City officials <br />who disagree with the current Planning Staff's opinion <br />Prior City planners in 2000 and 2005: <br />— Two decisions by prior City Planners in 2000 and 2005 denied the Masons their <br />request to operate a catering company on the lodge premises. <br />13 Prior City planner in 2009 <br />— Brian Dolan and Nelson Fialho are refusing to recognize the buffer as the <br />backyard area even though Planner Donna Decker, in an email to the Millers, <br />defined the "buffer" as the backyard area. <br />C. Prior case law: <br />Brian Dolan and Nelson Fialho are refusing to recognize case law precedent in <br />Los Angeles with another Masonic lodge in which the court decided that <br />commercial activities in a residential zone do not constitute an allowable (i.e., <br />accessory) use and ordered that the Masons cease and desist commercial <br />activities. <br />0. Prior Planning Commission in 1977 <br />Brian Dolan and Nelson Fialho contradict the intent of the 1977 Planning <br />Commission. The 1977 staff report states, "While lodge meetings are normally <br />staid affairs which do not generate much commotion, lodge buildings are <br />commonly rented for non -lodge affairs such as wedding receptions and parties <br />which can be nuisance creating. Physical separation of such facilities from <br />residences therefore would normally be desirable. While it might be preferable <br />to have the lodge building farther south on the property, it would be possible to <br />design the structure so as to minimize any noise generated from within. This <br />could be done by prohibiting openings on the north or west sides of the <br />structure, and therefore, activity would be focused away from the northern <br />residences." <br />E. Prior Planning Commissioner in 2009: <br />— Brian Dolan and Nelson Fialho contradict prior Planning Commissioner, Anne <br />Fox, who stated in an email to the Millers, "I don't understand why the Planning <br />Department keeps bringing un- permitted work to the Planning Commission, <br />asking for retroactive changes to the original conditional use permit, to in effect <br />allow activities not permitted by zoning or unpermitted building or building or <br />use not in conformance with the conditional use permit to be 'grandfathered <br />in.' <br />Brian Dolan <br />— Even Brian Dolan stated 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 <br />conflict between the general plan designation and the zoning of the property." <br />So why is he ignoring the General Plan designation of public and institutional <br />with respect to the Masons? <br />Page 14 of 18 <br />
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